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Home My WebLink About2024, 01-09 Formal Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT Tuesday, January 09, 2024 6:00 p.m. Remotely via ZOOM Meeting and In Person at CenterPlace Regional Event Center 2426 N Discovery Place Spokane Valley, WA 99216 Council Requests Please Silence Your 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 Meeting ------------------------------------------------------------------------------------------------------------------------------- CALL TO ORDER INVOCATION: Pastor Brad Bruszer, Genesis Church PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COUNCILMEMBER REPORTS MAYOR’S REPORT PROCLAMATIONS: 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. If a person engages in disruptive behavior or makes individual personal attacks regarding matters unrelated to City business, then the Council and/or Mayor may end that person’s public comment time before the three-minute mark. 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. NEW BUSINESS: 1. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. Council Agenda January 09, 2024 Page 1 of 2 a. Approval of Claim Vouchers, January 9, 2024, Request for Council Action Form: $3,401,331.62. b. Approval of Payroll for Pay Period ending December 15, 2023: $549,200.51. c. Approval of Payroll for Pay Period ending December 30, 2023: $739,054.06. 2. Mayoral Appointments: Planning Commissioners– Mayor Haley \[public comment opportunity\] 3. Mayoral Appointments: Tourism Promotion Area (TPA) Commission - Mayor Haley \[public comment opportunity\] 4. Mayoral Appointments: Councilmembers to Committees – Mayor Haley \[public comment opportunity\] ADMINISTRATIVE REPORT: 5. Admin Report: Governance Manual Social Media Review - Kelly Konkright 6. Admin Report: Planning Commission Meeting Ordinance 24-001 Update – Tony Beattie 7. Admin Report: Zayo Franchise – Tony Beattie 8. Open Public Meetings Act & Public Records Request Training – Kelly Konkright 9. Advance Agenda – Mayor Haley INFORMATION ONLY (will not be reported or discussed): 10. Hearing Examiner 2023 Annual Report COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURNMENT Council Agenda January 09, 2024 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 9, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST VOUCHER NUMBERS TOTAL AMOUNT 12/12/2023 10470-10490 (Park refunds) 2,950.00 12/12/202362131-62175286,228.67 12/13/2023 62176-62183 76,662.39 12/13/2023 62184-62233, wire 22751981 1,034,993.20 12/18/2023 62234-62252 99,737.82 12/18/2023 62253-62274 159,528.02 12/20/2023 10491-10497 (Park refunds) 703.00 12/22/2023 62275-62323 325,652.31 12/22/202362324-62343392,074.89 12/27/2023 62344-62379 (less 62377) 674,635.19 1/2/2024 62380-62416 348,166.13 GRAND TOTAL: $ 3,401,331.62 Explanation of Fund and Project Numbers found on Voucher Lists #001 - General Fund 001.090.000.560. General Gov’t-Social Services 001.011.000. City Council 001.090.000.594. General Gov’t-Capital Outlay 001.013.000. City Manager 001.090.000.595. General Gov’t-Roads/Streets Capital 001.013.015. Legal 001.016.000. Public Safety Other Funds: 001.016.016. Precinct Shared Expenses 101 – Street Fund 001.018.013. Deputy City Manager 103 – Paths & Trails 001.018.014. Finance 104 – Tourism Facilities 001.018.016 Human Resources 105 – Hotel/Motel Tax 001.018.017. Information Technology 106 – Solid Waste 001.033.000. Facilities Administration 107 – PEG Fund 001.033.033. Facilities – City Hall 108 – Affordable & Supplemental Housing Sales Tax 001.033.034. Facilities – Other 120 – CenterPlace Operating Reserve 001.040.000. Community/Public Works-Administration 121 – Service Level Stabilization Reserve 001.040.041. Engineering 122 – Winter Weather Reserve 001.040.042.558. Economic Development 204 – Debt Service 001.040.042.565. Housing/Homeless Services 301 – REET 1 Capital Projects 001.040.043. Building 302 – REET 2 Capital Projects 001.040.044. Planning 303 – Street Capital Projects 001.076.000. Parks & Rec–Administration 309 – Parks Capital Grants 001.076.300. Parks & Rec-Maintenance 310 – Civic Bldg. Capital Projects 001.076.301. Parks & Rec-Recreation 311 – Pavement Preservation 001.076.302. Parks & Rec- Aquatics 312 – Capital Reserve 001.076.304. Parks & Rec- Senior Center 314 – Railroad Grade Separation Projects 001.076.305. Parks & Rec-CenterPlace 315 – Transportation Impact Fees 001.090.000.511. General Gov’t- Council related 316 – Economic Development Capital Projects 001.090.000.514. General Gov’t-Finance related 402 – Stormwater Management 001.090.000.517. General Gov’t-Employee supply 403 – Aquifer Protection Area 001.090.000.518. General Gov’t- Centralized Serv. 501 – Equipment Rental & Replacement 001.090.000.519. General Gov’t-Other Services 502 – Risk Management 001.090.000.550. General Gov’t-Natural & Eco. 632 – Passthrough Fees & Taxes Project Numbers: 322 - City Hall Repairs 143 - Barker Rd/BNSF Grade Separation 323 - Evergreen Road Preservation Project 205 - Sprague/Barker Intersection Improvement 326 - 2020 Citywide Reflective Post Panels 223 - Pines Rd Underpass @ BNSF & Trent 327 - Sprague Avenue Stormwater 249 - Sullivan & Wellesley Intersection Improv 328 - Sullivan Park Waterline 273 - Barker/I-90 Interchange 329 - Barker Road Imp- City Limits to Appleway 275 - Barker Rd Widening - River to Euclid 330 - WTSC 2021 School Zone Beacons 285 - Indiana Ave Pres - Evergreen to Sullivan 331 - COVID-19 Relief Funds 286 - Broadway Preservation: Havana to Fancher 332 - NE Industrial Area - Sewer Extension 293 - 2018 CSS Citywide Reflective Signal BP 333 - Evergreen Rd Pres Broadway to Mission 294 - Citywide Reflective Post Panels 334 - Sprague Ave Preservation 299 - Argonne Rd Concrete Pavement Indiana to Mont. 335 - Mission Ave over Evergreen Rd Deck Repair 300 - Pines & Mission Intersection Improvement 338 - Loop Trail Project 308 - Regional Decant Facility Canopy 339 - 2022 Local Access Streets: Summerfield E 309 - Local Access Streets: Barker Homes 340 - 8th Ave Sidewalk (Coleman to Park) 311 - Sullivan Rd./SR 290 Interchange Project 341 - Broadway Preservation- Fancher to Park 313 - Barker Road/Union Pacific Crossing 342 - 2022 School Zone Flashing Beacons 314 - Balfour Park Frontage Improvements 343 - Buckeye Avenue Sewer Extension 315 - Brown's Park 2020 Improvements 344 - Park Rd Sidewalk- Broadway to Cataldo 316 - Balfour Park Improvements - Phase 1 345 - Park Rd Sidewalk- Nora to Baldwin 317 - Appleway Stormwater Improvements 346 - Bowdish Sidewalk 12th to 22nd 318 - Wilbur Sidewalk: Boone to Mission 347 - Broadway and Park Intersection th 320 - Sullivan Preservation: Sprague-8 350 – Balfour Facility 321 - Argonne Corridor Improvements- North of Knox RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. \[Approved as part of the Consent Agenda, or may be removed and discussed separately.\] STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Voucher Lists CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 9, 2024 Department Director Approval: Item: Check all that apply: consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE: Payroll for Pay Period Ending December 15, 2023 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. \[Approved as part of the Consent Agenda, or may be removed and discussed separately.\] STAFF CONTACT: Raba Nimri CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 16, 2024 Department Director Approval: Item: Check all that apply: consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE: Payroll for Pay Period Ending December 31, 2023 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. \[Approved as part of the Consent Agenda, or may be removed and discussed separately.\] STAFF CONTACT: Raba Nimri CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 9, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE:Motion Consideration: Planning Commission Mayoral Appointments GOVERNING LEGISLATION: Spokane Valley Municipal Code 18.10. PREVIOUS COUNCIL ACTION TAKEN: Planning Commissioners are routinely appointed to a three- year term. BACKGROUND: According to SVMC 18.10, members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning Commissioners shall be selected without respect to political affiliations and shall serve without compensation. Terms shall be for a three-year period and shall expire on the thirty-first day of December. Mr. Walt Haneke’s and Ms. Nancy “Pete” Miller’s terms each expired December 31, 2023. There was also a resignation submitted by Mr. Karl Granrath in December 2023. The applications received will also be considered for the vacancy in Mr. Granrath’s position. That position will be for a term of one year from January 1, 2024, through December 31, 2024. Announcements of the vacancies were posted on the City’s webpage, the City issued press releases, and the notice was published in the Valley News Herald and The Exchange. The deadline to submit an application was 4:00 p.m. December 22, 2023. There was also a resignation submitted by Mr. Karl Granrath in December 2023. The applications received will also be considered for the vacancy in Mr. Granrath’s position. That position will be for a term of one year from January 1, 2024, through December 31, 2024. Eight applications were submitted. Copies of all applications were distributed to the mayor. OPTIONS: Confirm or not confirm, the Mayor’s nominations. If the Mayor’s nominations are not confirmed by Council, the Mayor may either make another nomination or the matter can be postponed. RECOMMENDED ACTION OR MOTION: “I move to confirm the Mayor’s nomination of Vadim Smelik and Matthew Hurd to the Planning Commission for terms beginning January 1, 2024 and ending December 31, 2026 and Justin Weathermon to the Planning Commission for a term beginning January 1, 2024and ending December 31, 2024. BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: Mayor Haley ____________________________________________________________________________________ ATTACHMENTS: Planning Commission Applications CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 9, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Mayoral Appointments: Spokane Valley Tourism Promotion Area (TPA) Commission GOVERNING LEGISLATION: RCW 35.101; SVMC 3.21 PREVIOUS COUNCIL ACTION TAKEN: January 1, 2023 Council formally approved the appointments for the TPA Commission applicants – 5 individuals were chosen for the Commission 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 on the proposed adoption of Ordinance 22-016. September 20, 2022, Council adopted Ordinance 22-016, establishing a Tourism Promotion Area, codified as SVMC 3.21. BACKGROUND: SVMC 3.21.070 creates the TPA Commission as an advisory body to make recommendations to City Council for use of revenue derived from the charge. Appointments to or removals from the hotel/motel TPA commission shall be made by the mayor, with confirmation by a majority of Council pursuant to Council’s adopted Governance Manual. The hotel/motel TPA commission shall be composed of five voting representatives from the following hotel chain scales: one economy hotel, one midscale hotel, one upper midscale hotel, one upscale hotel and one full-service hotel over 200 rooms. If no representative from a hotel in the corresponding chain scale is willing or able to serve on the TPA commission, that position may be made available to a representative of any lodging business within the boundaries of the TPA, which include the boundaries of the City of Spokane Valley. A commission member may only represent one type of property at any given time. In addition to the above voting commission members, there shall be one nonvoting ex-officio member as assigned by the City Manager, which position will function as a liaison between the City Council and the TPA. There was a vacancy created as a Mid-Scale hotelier submitted resignation from the Commission effective August 2023. The current term of the vacated position is through December 31, 2024. The term will be effective January 1, 2024 through December 31, 2024. Ads announcing the opening were placed in the Spokane Valley News Herald, the Spokesman Review, and the Exchange, and were also placed on the City’s website until an application was received for the vacant position. We received the following application: Midscale: Jessica Glasson, Holiday Inn Express OPTIONS: Confirm or not, the Mayor’s recommendations for appointments. If the Mayor’s recommendations are not confirmed by Council, the Mayor may either make another recommendation or the matter can be postponed. RECOMMENDED ACTION OR MOTION: I move to confirm the following Mayoral appointments to the Spokane Valley TPA Commission: Midscale: Jessica Glasson, Holiday Inn Express for a one-year term. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Marci Patterson, Mayor Haley ATTACHMENTS: TPA Application CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 9, 2024 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: Confirmation of Mayoral Appointments of Councilmembers to Boards and Committees GOVERNING LEGISLATION: Various ordinances, resolutions, and state statutes. PREVIOUS COUNCIL ACTION TAKEN: Annually, the Mayor makes appointment recommendations to place Councilmembers on various regional and in-house boards and committees. recommendations s: 1. Aging & Long Term Care of Eastern Washington - Jessica Yaeger; Rod Higgins as alternate 2. Chamber of Commerce Board (Greater Spokane Valley) Laura Padden 3. Clean Air Agency, Spokane Regional Rod Higgins; Tim Hattenburg as alternate 4. Continuum of Care for the Homeless, Spokane County Gloria Mantz, Eric Robison as alternate 5. Finance Committee, Spokane Valley Laura Padden, Rod Higgins, Ben Wick 6. GMA (Growth Mgmt Steering Committee of Elected Officials) Rod Higgins, Tim Hattenburg 7. City Governance Manual Committee Pam Haley, Rod Higgins, Jessica Yaeger 8. GSI Pam Haley \[must be mayor\] 9. HCDAC (Housing and Community Development Advisory Committee) Tim Hattenburg, Ben Wick 10. Human Rights Task Force: Ben Wick, Al Merkel as alternate 11. Lodging Tax Advisory Committee Rod Higgins 12. Mayors Association of Northeast Washington \[must be mayor\] Pam Haley 13. Opioid Abatement Council (OAC) \[new for 2024\] Al Merkel 14. Public Safety Committee (New 2024) Tim Hattenburg, Laura Padden, Ben Wick 15. Spokane Regional Law & Justice Council (SRLJC) Laura Padden Term Expired for CoSV 16. SRTC (Spokane.Reg.Transportation Council) -Pam Haley, Rod Higgins; Tim Hattenburg as alternate 17. Strategic Planning Committee (New 2024) Pam Haley, Tim Hattenburg, Rod Higgins 18. STA (Spokane Transit Authority) Pam Haley, Tim Hattenburg 19. Wastewater Policy Advisory Board Rod Higgins, Jessica Yaeger OPTIONS: Move to confirm the Mayoral appointments of Councilmembers to the committees and boards as listed, or as modified by the Mayor. RECOMMENDED ACTION OR MOTION: I move to authorize the creation of the Council Public Safety Committee, the Council Strategic Planning Committee, and to confirm the Mayoral appointments of Councilmembers to the committees and boards as listed on this January 9, 2024 Request for Council Action form. BUDGET/FINANCIAL IMPACTS: n/a STAFF/COUNCIL CONTACT: Maraci Patterson/Mayor Haley DESCRIPTION of COMMITTEES: 1. Aging & Long Term Care of Eastern Washington Governing Board The purpose of this agency is to improve the quality of life of older people in need of long term services and support through the development and the fostering of the development of comprehensive & coordinated service systems in order to secure & maintain maximum independence and dignity in a home environment for older people; remove individual and social barriers to economic and personal independence for older people; to speak & work in behalf of older people; to seek the support of and join with other agencies and organizations when appropriate. Our representation: One Councilmember and one alternate if desired. Term length up to the jurisdiction making appointment. 2. Chamber of Commerce Board, Greater Spokane Valley The Chamber is a nonprofit 501(c)(6) organization; it serves businesses & organizations; they are committed to fostering relationships between members and the community to improve the economic climate and quality of life in Eastern Spokane County. Annual meeting held November and other meetings throughout the year. Term usually Sept 1 to Aug 31, but they are OK with us having an annual appointment. We are permitted 1, ex-officio non-voting member. 3. Clean Air Agency, Spokane Regional Some functions include coordinating activities with others in the community to carry out comprehensive (or run with council term). We have one representative plus one alternate if desired. 4. Continuum of Care for the Homeless, Spokane City/County In May of 2018, we were asked to participate. This is a regional planning body that coordinates housing and services funding for homeless families and individuals. Their mission is to prevent and ultimately end homelessness in our area by fostering shared responsibility among stakeholders. The Board representation consists of 21 members, with one representative from the City of Spokane Valley. The Board is guided by HUD and the United States Interagency Council on Homelessness national goals in ending homelessness. Board meetings are generally held on the last Wednesday from 3:30 to 5:00 at the Goodwill on Second Avenue. We have one representative for a one-year term. 5. Finance Committee, Spokane Valley adopting, modifying and monitoring the travel policies and procedures for reimbursement of expenses incurred while on official business of the COSV, is may also request meetings to discuss matters of financial interest with the Finance Committee. Finance Committee also has authority to approve certain change orders on short notice. Usually 3 councilmembers. 6. Growth Management Steering Committee of Elected Officials Operates under the GMA Joint Planning Interlocal Agreement; responsibility is to specify standards for defining urban growth areas, minimum levels of service for UGA, distribution of future growth, negotiating UGA designations, and making recommendations regarding UGAs to the Board of County Commissioners. rd Meets the 3 Wed of each month, 10 a.m. Spokane Transit Authority Board Room. One-year term subject to reappointment. No need for an official appointment of an alternate; a councilmember can go in place of one of the 2 appointed if one of them cannot attend the alt just needs to identify themselves as an alternate at the meeting. 7. Governance Manual, Spokane Valley Works toward reviewing, refining, clarifying, or changing Council policies and procedures, to bring forward to full Council for further discussion/consideration. 8. GSI (Greater Spokane, Inc.) business & community initiatives to build a robust regional economy. According to bylaws, delegate must be Mayor. 9. HCDAC (Housing & Community Dev. Advisory Committee) Authority: Spokane Co Housing & Comm Development Advisory Committee By-Laws. Purpose: provide citizen representatives of Spokane County the opportunity to participate in, comment on, and review all nd funding proposals for the HCDAC Division. Regular meetings 2 Thurs of the month, 4-5 p.m. Community Service Bldg. Term Period: 3 years. Appointment Process: after our usual appointment process, Mayor writes to BoCC requesting confirmation of appointment. 10. Human Rights Task Force nd Usually meets the 2 Tuesday of the month, from 3:30 to 5 pm at Catholic Charities, downtown Spokane. Members must be willing to sign their Creed Statement acknowledging support of the mission and purpose of the Task force. \[Their Creed Statement is founded upon the principles of The Declaration of Independence, The United States Constitution, The Constitution of Washington State and The Universal Declaration of Human Rights.\] Alternates are permitted but may not vote. 11. Lodging Tax Advisory Committee, Spokane Valley Committee consists of 5 members: Two members who represent businesses required to collect tax, two members involved in funded activities, and one councilmember to act as chair. Committee usually meets once or twice a year, generally in the fall. 12. Mayors Association of NE Washington representative is Mayor 13. Opioid Abatement Council 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 OAC will consist of one representative from each county and one representative from each city. 14. Public Safety Committee Public Safety Committee: An ad hoc committee consisting of two-to-three City Councilmembers. This committee meets on an as-needed basis to discuss and provide input into critical pending public safety issues. d the extensive number of issues facing the Citrelated to public safety, this committee will allow discussion on issues in a more timely manner and in advance of full City Council discussions. Meetings will be called by the City Manager or Deputy City Manager. The City Manager and Deputy City Manager will attend Public Safety Committee meetings. This committee will sunset as determined by recommendation from the Mayor, with approval by the City Council. 15. Spokane Regional Law and Justice Council (SRLJC) On June 29, 2021, the Board of Commissioners adopted Resolution 21-0458, which changed the structure, member composition, and duties of the SRLJC. An important element in those changes was to combine all city/town representation into one position, to be assigned a two-year term. As such, Spokane Valley, Spokane, and all of the smaller jurisdictions will share one position. Spokane City and Spokane Valley were the only attendees, and they agreed to alternate providing a representative every two years, with Spokane offering for Spokane Valley to take the first term. Our first term runs from Oct 13, 2021 through October 12, 2023. 16. SRTC (Spokane Regional Transportation Council) The SRTC is the lead agency for transportation planning services for the area covered by Spokane County. The agency has several roles: at the federal level, SRTC is designated a Metropolitan Planning Organization (MPO), while it is designated a Regional Transportation Planning Organization (RTPO) by state law. MPOs nd and RTPOs serve the same basic planning functions. They meets monthly, 2 Thursday at 1 pm, downtown Spokane. Per interlocal agreement, term is 3 years or the tenure of the elected office, whichever is the lesser time, subject to reappointment. We are permitted one position, and an alternate is also permissible. 17. Strategic Planning Committee An ad hoc committee consisting of two-to-three City Councilmembers. This committee meets on an as- needed basis to discuss and provide input into the preparation of the winter workshop strategic planning agenda and other efforts throughout the year. 2024 will present the City Council with an extensive number of issues to prioritize related to City services. This committee will allow discussion on issues in a more timely manner and in advance of full City Council discussions. Meetings will be called by the City Manager or Deputy City Manager. The City Manager and Deputy City Manager will attend Public Safety Committee meetings. This committee will sunset as determined by recommendation from the Mayor, with approval by the City Council. 18. STA (Spokane Transit Authority) STA is overseen by a regional board that provides the policy and legislative direction for Spokane Transit and its administrators, and approves its actions, budgets and long-term plans. It also has the authority to levy taxes as authorized by state law with voter approval. The Board is composed of 9 voting elected officials: rd one year term subject to reappointment. The board meets 3 Thursday of the month from 1:30 to 3:30 in the STA Boardroom on Boone Avenue. We are allowed two delegates plus one alternate. 19. Wastewater Policy Advisory Board The City and County recognize the regional nature of the challenges related to wastewater management, and the necessity of a regional solution. The entities declare their combined support of the planning, financing, construction, managing and operation of the System, as defined within the Interlocal agreement. We are allotted 2 Spokane Valley Elected Representatives who shall have a 4 year term or until any such elected official ceases to be an elected official. This Board generally only meets once or twice a year. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 9, 2024 Department Director Approval: Check all that apply: consentold businesspublic hearing information admin. report new business AGENDA ITEM TITLE: Logo / Governance Manual Social Media Review GOVERNING LEGISLATION: SVMC 1.06 et seq.; Governance Manual adopted by Council PREVIOUS COUNCIL ACTION TAKEN: December 19, 2023 adoption of the Governance Manual Updates. BACKGROUND: At the Jan. 2, 2024 meeting, Council requested a review of the City Logo Policy and Governance Manual related to social media guidelines. Staff will discuss these provisions and seek guidance from the City Council on potential future social media accounts. Currently, the City has official accounts on Facebook, X (formerly Twitter), Instagram, YouTube, and LinkedIn. A general discussion of public records concerns will also be discussed. OPTIONS: For Discussion. RECOMMENDED ACTION OR MOTION: None at this time. BUDGET/FINANCIAL IMPACTS: None at this time. STAFF CONTACT: John Hohman, City Manager, Kelly Konkright, City Attorney ___________________________________________________________________________ ATTACHMENTS: SVMC 1.06 Governance Manual Appendix H CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 9, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Administrative Report: Ordinance 24-001 Amending Planning Commission Meeting Requirements GOVERNING LEGISLATION: Chapter 18.10 Spokane Valley Municipal Code (SVMC); chapter 36.70A RCW; RCW 35A.63.140; RCW 35.63.040 PREVIOUS COUNCIL ACTION TAKEN: Approval of Ordinance 07-015 § 4. BACKGROUND: Ordinance 24-001 is a city-initiated code text amendment (CTA-2023-0004) revising SVMC 18.10.030 to provide flexibility in the number of required Planning Commission meetings. Currently, SVMC 18.10.030 requires the Planning Commission to meet at least one time every month. If passed, this change would require the Planning Commission to hold at least one regular meeting each month, not less than nine months in each year. Further, it would ensure that there are not two consecutive months without a meeting. The Planning Commission considered CTA-2023-0004 at a study session on October 12, 2023, and held a public hearing on November 9, 2023. Along with a draft ordinance, City Council is provided with the Planning Commission’s signed Findings and Recommendation. OPTIONS: Consensus to place Ordinance 24-001 on a future agenda for a first ordinance reading; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place Ordinance 24-001 on a future agenda for a first ordinance reading. BUDGET/FINANCIAL IMPACTS: There are no anticipated financial impacts. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney ATTACHMENTS: 1) Presentation 2) Draft Ordinance 24-001 2) CTA-2023-0004 Findings and Recommendation of the Spokane Valley Planning Commission DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 24-001 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 18.10.030 RELATED TO THE PLANNING COMMISSION MEETING RULES, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley Planning Commission was created pursuant to chapter 18.10 of the Spokane Valley Municipal Code (SVMC); and WHEREAS, the Planning Commission is tasked with determining its meeting schedule within the bounds set by SVMC 18.10.030; and WHEREAS, pursuant to the Planning Commission Rules of Procedure, the Planning Commission meets at 6:00 p.m. on the second and fourth Thursdays of the month unless a meeting is cancelled; and WHEREAS, pursuant to SVMC 18.10.030(B) the Planning Commission is currently required to meet at least one time every month; and WHEREAS, decreasing the required meetings of the Planning Commission provides flexibility without compromising efficiency; and WHEREAS, CTA-2023-0004 is a City-initiated code text amendment to revise SVMC 18.10.030 to decrease the number of required meetings to one regular meeting each month not less than nine months in each year; and WHEREAS, on October 5, 2023 the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60 day notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, the Planning Commission held a Study Session related to CTA-2023-0004 on October 12, 2023; and WHEREAS, on October 20, 2023 and October 27, 2023, notice of the Planning Commission public hearing for CTA-2023-0004 was published in the Spokane Valley News Herald; and WHEREAS, on November 9, 2023, the Planning Commission held a public hearing to receive evidence and information, and to provide an opportunity for public testimony. The Commissioners subsequently voted 7-0 to recommend that the City Council approve the CTA-2023-0004 with the modification that there never be two consecutive months without a meeting; and Ordinance 24-001, amending SVMC 18.10.030 Page 1 of 3 DRAFT WHEREAS, the Planning Commission approved the Findings and Recommendations as presented on December 14, 2023; and WHEREAS, the proposed amendments to SVMC 18.10.030 are in the best interests of the health, safety, and welfare of the citizens of the City. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend section 18.10.030 of the Spokane Valley Municipal Code (SVMC) so as to provide for flexibility in the number of required meetings held by the Planning Commission. Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments, and recommends approval of the amendments. The City Council has read and considered the Planning Commission’s findings and recommendation, and makes the following findings: A. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan: Findings: The Comprehensive Plan does not identify specific goals and policies relevant to the Planning Commission procedures but identifies specific goals and policies to be considered in the development of the comprehensive plan and development regulations. A review of the goals and policies did not identify anything inconsistent with the proposed CTA. The proposed amendment is consistent with the Comprehensive Plan as the amendment establishes the minimum number of meetings required for the Planning Commission to conduct its business as it relates to Comprehensive Plan amendments and other matters such as code text amendments. B. The proposed amendment does bear a substantial relation to public health, safety, welfare, and protection of the environment. Findings: The proposed amendment bears substantial relation to public health, safety, welfare, and protection of the environment. The proposed amendments clarify the required number of meetings the Planning Commission must hold consistent with state law and does not reduce the number of meetings necessary for the Planning Commission to conduct business, nor does it reduce the number of regular meetings scheduled pursuant to the Planning Commission Rules of Procedure. C. Conclusion: The proposed text amendment is consistent with the Comprehensive Plan and bears a substantial relation to public health, safety, welfare, and protection of the environment. Ordinance 24-001, amending SVMC 18.10.030 Page 2 of 3 DRAFT Section 3.Amendment.SVMC 18.10.030 is hereby amended as follows: 18.10.030 Meetings – Rules. A. The planning commission shall every year organize and elect from its members a chair, who shall preside at all meetings of the planning commission and perform such other functions as determined by rule. A vice chair shall be elected to preside in the absence of the chair. A majority of the planning commission members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. B. The planning commission shall determine a regular meeting schedule (time, place and frequency) and shall meet hold at least one regular meeting each time every month not less than nine months in each year, provided that there are never two consecutive months without a meeting. All meetings shall be open to the public. C. The planning commission shall adopt such rules and procedures as are necessary for the conduct of business, subject to the approval of city council, and shall keep a recording of its proceedings. D. All hearings before the planning commission shall be conducted in the manner set forth in Appendix B. Section 4. Other sections unchanged. All other provisions of chapter 18.10 SVMC not specifically referenced hereto shall remain in full force and effect. Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed this day of , 2024. Pam Haley, Mayor ATTEST: Marci Patterson, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 24-001, amending SVMC 18.10.030 Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 9, 2024 Department Director Approval: Check all that apply: consentold businessnew businesspublic hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Administrative Report: Ordinance 24-002 Zayo Group, LLC Franchise. GOVERNING LEGISLATION: RCW 35A.47.040; RCW 35A.11.020; and chapter 35.99 RCW. PREVIOUS COUNCIL ACTION TAKEN: Approval of Ordinance 13-011 on August 13, 2013. BACKGROUND: At its most basic level, a franchise is a nonexclusive contract between a city and utility provider that governs the utility provider’s use of the public rights-of-way. More specifically, the franchise sets limits on the utility provider so that their use of the rights-of-way does not interfere with public transportation and other primary purposes. For instance, the City’s franchises generally require franchisees to bear the costs to relocate their facilities to accommodate a transportation project, and require franchisees to adhere to the City’s street cut and excavation policies. In 2013, Council approved a franchise with Zayo Group, LLC for installation and maintenance of fiber optics telecommunications facilities within the boundaries of the City of Spokane Valley. The ten year franchise requires renewal, and Zayo Group, LLC has requested that the City grant it a new franchise on the same or similar terms. The attached draft franchise would accomplish that. There are a few minor substantive differences in this draft from Ordinance 13-011, as follows: 1) Section 4: Zayo has again granted the City access to four dark fiber strands for solely governmental non-commercial use. If utilized, the City agrees to pay Zayo a monthly fee of $34.00 per fiber pair per mile. This is an increase from the $20.00 set in the 2013 franchise. Per IT Manager Chad Knodel, this increase is reasonable and such a relationship is worth preserving. 2) Section 20: This is what the City now requires of all Grantees. In short, a Grantee cannot abandon its’ facilities in the right-of-way, thus transferring the cost of removal from the Grantee to the City and its’ taxpayers. There are options for delayed removal, but the cost of removal must ultimately be borne by the Grantee; and 3) Section 28: The minimum level of insurance is being raised from $1 million per occurrence and $2 million aggregate, to $2 million per occurrence and $2 million aggregate. This reflects what the City’s liability provider requests that the City require and is what the City now requires of all franchisees and nearly every contractor/consultant. There are other minor changes from the prior franchise to this proposed franchise that relate mostly to updating the title of the “Public Works Director” to the “Community and Public Works Director” and other similar language changes. Zayo Group, LLC has reviewed this draft and is in agreement with its terms for a new 10-year franchise. Staff recommends approval of the proposed franchise. If ultimately adopted, this franchise would supersede Ordinance 13-011. OPTIONS: (1) Consensus to place Ordinance 24-002 on a future agenda for an ordinance first reading; or (2) take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place Ordinance 24-002 on a future agenda for an ordinance first reading. BUDGET/FINANCIAL IMPACTS: Current monthly costs of governmental use pursuant to section 4 of the franchise will increase by approximately $200, of which approximately $52 is paid by Spokane County. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney; Kelly Konkright, City Attorney. ___________________________________________________________________________ ATTACHMENTS: Draft Ordinance No. 24-002, a 10-year franchise to the Zayo Group, LLC to construct and operate fiber optic telecommunications facilities in the City’s rights-of-way. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 24-002 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVEFRANCHISE TO ZAYO GROUP, LLC TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate “nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service”; and WHEREAS, RCW 35A.47.040 further requires that “no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city’s legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective”; and WHEREAS, this Ordinance has been submitted to the city attorney prior to its passage; and WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: “City Manager” means the City Manager or designee. “Community and Public Works Director” shall mean the Spokane Valley Community and Public Works Director or his/her designee. “construction” or “construct” shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. Ordinance 24-002 Zayo Telecommunications Franchise Page 1 of 17 DRAFT “day” shall mean a 24-hour period beginning at 12:01 AM. If a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. “franchise” (sometimes referred to as Ordinance) shall mean the legal document issued by the City which grants rights to Grantee to construct and operate its telecommunication facilities as set forth herein. “franchise area” shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. “hazardous substances”shall have the same meaningas RCW 70.105D.020(10). “maintenance, maintaining or maintain” shall mean the work involved in the replacement and/or repair of facilities, including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. “overbuilding” shall mean adding additional fiber capacity to an existing conduit housing fiber optic cable. “overlashing” shall mean the act of lashing new fiber optic cable to an existing aerial fiber optic cable. “permittee” shall mean aperson or entity who has been granted a permit by the Permitting Authority. “permitting authority” shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights-of-way. “product” shall refer to the item, thing or use provided by the Grantee. “public property” shall mean any real estate or any facility owned by the City. “relocation” shall mean any required move or relocation of an existing installation or equipment owned by Grantee whereby such move or relocation is necessitated by installation, improvement, renovation or repair of another entity’s facilities in the rights-of-way, including Grantor’s facilities. “right-of-way” shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and/or public way now or hereafter held or administered by the City. “streets” or “highways” shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. Ordinance 24-002 Zayo Telecommunications Franchise Page 2 of 17 DRAFT “telecommunications facilities” shall mean any of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services. The abandonment by Grantee of any telecommunications facilities as defined herein shall not act to remove the same from this definition. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the “City”), hereby grants unto the Zayo Group (hereinafter “Grantee”), a franchise for a period of 10 years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place telecommunications facilities in, under, on, across, over, through, along or below the public rights- of-way located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the “franchise”). This franchise does not permit Grantee to use such facilities to provide cable services as defined by 47 C.F.R. § 76.5(ff). Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such right-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. Section 4. City Use. The following provisions shall apply regarding City use. A. Grantee agrees to reserve to the City the right to access four dark fiber strands (2 pair) along the route identified in Exhibit A as adopted or amended, within the boundaries of the City, for sole and exclusive governmental non-commercial use or designation (the “City Reserved Fibers”); City shall not use the Reserved Fibers for resale, sublease, licensing, sub-IRU, trade or barter exchange, leverage, or other use in competition with Zayo. City agrees that it shall not use the City Reserved Fibers as a public utility provider of telecommunications business service to the public. It is the intent of Grantor and Grantee that any additional fiber capacity resulting from overbuilding, overlashing, or relocation of Grantee’s facilities shall not be considered a new route for purposes of increasing the number of dark fiber strands available for use by Grantor, except as set forth under 4.C, below. B. The City shall have the right to access by connection to the City Reserved Fibers at existing Grantee splice points or reasonably established access points within the City limits; provided that all splicing shall be the sole responsibility of the Grantee, but at the cost of the City. The City shall provide at least 30 days written notice of intent to access the City Reserved Fibers. Upon any access or use of the City Reserved Fibers, City shall pay Grantee a recurring monthly charge of $34.00 per fiber pair per mile in use by the City (the “City Fiber Rate”) unless otherwise specifically agreed by both the parties in writing and shall enter into Grantee’s standard “Fiber License Agreement” which shall govern the terms and conditions for use of the City Reserved Fibers. Said recurring monthly charge shall not be imposed until such time as the fiber is put into use by the City. Ordinance 24-002 Zayo Telecommunications Franchise Page 3 of 17 DRAFT C.In the event the City Reserved Fibers are the last fibers remaining in Grantee’sfiber bundle, then the following shall apply: 1. If the City is using the fibers, then the rate the City shall pay Grantee will change from the City Fiber Rate to Grantee’s standard commercial rate. 2. If the City is not using the fibers, the City shall have the option of abandoning the City Reserved Fibers in lieu of paying Grantee’s standard commercial rate. 3. If Grantee installs additional fiber capacity, the City’s right to use four dark fiber strands as set forth in subsections A and B, immediately above, shall again be in effect. D. All access, interconnection, and maintenance to and on the City Reserved Fibers shall be performed by Grantee. The City shall pay all costs associated with such work to the City Reserved Fibers. The City Reserved Fibers shall have a term that matches the duration of this Franchise Ordinance (“Reserved Fiber Term”). E. Consistent with and subject to RCW 35.99.070, at such time when Grantee is constructing, relocating, or placing ducts or conduits in public rights-of-way, the Community and Public Works Director may require Grantee to provide the City with additional duct or conduit and related structures, at incremental cost, necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this section shall only be used for City governmental non-commercial purposes and shall not be for resale, sublease, licensing, sub-IRU, trade or barter exchange, leverage, or other use in competition with Zayo. 1. The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the Grantee. 2. This section shall not affect the provision of an institutional network by a cable television provider under federal law. 3. Grantee shall notify the Community and Public Works Director at least 14 days prior to opening a trench at any location to allow the City to exercise its options as provided herein. Section 5. Recovery of Costs. Grantee shall reimburse the City for all costs of one publication of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding this franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Section 6. Non-Exclusivity. This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises or permits in any rights-of-way. This and other franchises shall, in no way, prevent or prohibit the City from using any of its rights-of-way or affect its jurisdiction over them or any part of them. Section 7. Non-Interference with Existing Facilities. The City shall have prior and superior Ordinance 24-002 Zayo Telecommunications Franchise Page 4 of 17 DRAFT right to the use of its rights-of-way and public properties for installation and maintenance of its facilities and other governmental purposes. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights-of-way, streets, avenues, thoroughfares and other public properties of every type and description. Any and all such removal or replacement shall be at the sole expense of the Grantee, unless RCW 35.99.060 provides otherwise. Should Grantee fail to remove, adjust or relocate its telecommunications facilities by the date established by the Community and Public Works Director’s written notice to Grantee and in accordance with RCW 35.99.060, the City may cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the telecommunications facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee’s telecommunications facilities shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduitsor other facilities that may have been laid in the rights-of-way by or under the City’s authority. If the work done under this franchise damages or interferes in any way with the public use or other facilities, the Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference or damage to the satisfaction of the Community and Public Works Director. Section 8. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable federal and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Application of said federal, state, and City Codes and regulationsshall be for the purposes of fulfilling the City’s public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its telecommunications facilities. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this franchise, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee’s telecommunications facilities or safety thereof. Joint users will be required to contribute to the costs of excavation and filling on a pro-rata basis. Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Section 10. Tree Trimming.The Grantee shall have the authority to conduct pruning and trimming for access to Grantee’s telecommunications facilities in the rights-of-way subject to Ordinance 24-002 Zayo Telecommunications Franchise Page 5 of 17 DRAFT compliance with the City Code. All such trimming shall be done at the Grantee’s sole cost and expense. Section 11. Emergency Response. The Grantee shall, within 30 days of the execution of this franchise, designate one or more responsible people and an emergency 24-hour on-call personnel and the procedures to be followed when responding to an emergency. After being notified of an emergency, Grantee shall cooperate with the City to immediately respond with action to aid in the protection of the health and safety of the public. In the event the Grantee refuses to promptly take the directed action or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any expenses. Section 12.One-Call System. Pursuant to chapter 19.122 RCW, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington’s One-Call statutes. Grantee shall comply with the terms and conditions set forth in the One-Call statutes. Section 13. Safety.All of Grantee’s telecommunications facilities in the rights-of-way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the telecommunications facilities. Section 14. Movement of Grantee’s Telecommunications Facilities for Others. Whenever any third party shall have obtained permission from the City to use any right–of-way for the purpose of moving any building or other oversized structure, Grantee, upon at least 14 days’ written notice from the City, shall move, at the expense of the third party desiring to move the building or structure, any of Grantee’s telecommunications facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee’s telecommunications facilities, as determined by the City. Upon good cause shown by Grantee, the City may require more than 14 days’ notice to Grantee to move its telecommunications facilities. Section 15. Acquiring New Telecommunications Facilities. Upon Grantee’s acquisition of any new telecommunications facilities in the rights-of-way, or upon any addition or annexation to the City of any area in which Grantee retains any such telecommunications facilities in the rights-of- way, the Grantee shall submit to the City a written statement describing all telecommunications facilities involved, whether authorized by franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terms of this franchise. Section 16. Dangerous Conditions - Authority of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of telecommunications facilities authorized by this franchise has caused or contributed to a condition that substantially impairs the lateral support of the adjoining right-of-way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee’s sole expense, to take all necessary actions to protect the public and property. The City Ordinance 24-002 Zayo Telecommunications Franchise Page 6 of 17 DRAFT may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary to preserve the public safety and welfare; and Grantee shall be liable to the City for all costs and expenses thereof to the extent caused by Grantee. Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state and local laws, statutes, regulations and orders concerning hazardous substances relating to Grantee’s telecommunications facilities in the rights–of-way. Grantee agrees to indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee’s ownership or operation of its telecommunications facilities within the City’s right-of-way. Section 18. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee’s acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee, whether said requirement is during the term of the franchise or subsequent to its termination. Section 19. Relocation of Telecommunications Facilities.Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its telecommunications facilities when so required by the City in accordance with the provisions of RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of its telecommunications facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee’s then- existing telecommunications facilities, the City shall: A. At least 60 days prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and B. Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee’s telecommunications facilities so that Grantee may relocate its telecommunications facilities in other City rights-of-way in order to accommodate such improvement project. C. After receipt of such notice and such plans and specifications, Grantee shall complete relocation Ordinance 24-002 Zayo Telecommunications Franchise Page 7 of 17 DRAFT of its telecommunications facilities at no charge or expense to the City in order to accommodate the improvement project in accordance with RCW 35.99.060 (2). Grantee may, after receipt of written notice requesting a relocation of its telecommunications facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the telecommunications facilities. If so requested by the City, Granteeshall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its telecommunications facilities as otherwise provided in this section. The provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its telecommunications facilities by any person or entity other than the City, where the telecommunications facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. If the City or a contractor for the City is delayed at any time in the progress of the work by an act or neglect of the Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify, defend and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys’ fees to the extent arising out of or in connection with such delays, except for delays and damages caused by the City. This provision may not be waived by the parties except in writing. Section 20. Abandonment of Grantee’s Telecommunications Facilities. A. Underground facilities: Unless otherwise approved by the City in writing, Grantee shall remove any facilities which have not been used to provide telecommunications services for a period of at least 90 days when: (a) a City project involves digging that will encounter the abandoned facility; (b) the abandoned facility poses a hazard to the health, safety, or welfare of the public; (c) the abandoned facility is 24 inches or less below the surface of the rights-of-way and the City is reconstructing or resurfacing a street over the rights-of-way; or (d) the abandoned facility has collapsed, broke, or otherwise failed. Grantee may, upon written approval by the City,delay removal of the abandoned facility until such time as the City commences a construction project in the rights-of-way unless (b) or (d) above applies. When (b) or (d) applies, Grantee shall remove the abandoned facility from the rights-of- way as soon as weather conditions allow, unless the City expressly allows otherwise in writing. B. Aboveground facilities: Grantee shall remove any facilities which have not been used to provide telecommunications services for a period of at least 90 days. C. The expense of the removal, and restoration of improvements in the rights-of-way that were damaged by the facility or by the removal process, shall be the sole responsibility of the Grantee. If Grantee fails to remove the abandoned facilities in accordance with the above, then the City may Ordinance 24-002 Zayo Telecommunications Franchise Page 8 of 17 DRAFT incur costs to remove the abandoned facilities and restore the rights-of-way, and is entitled to reimbursement from Grantee for such costs, including reasonable attorney's fees and costs. Section 21. Maps and Records Required. Grantee shall provide the City, at no cost to the City: A.A route map that depicts the general location of the Grantee’s telecommunications facilities placed in the rights-of-way. The route map shall identify telecommunications facilities as aerial or underground and is not required to depict cable types, number of fibers or cables, electronic equipment, and service lines to individual subscribers. The Grantee shall also provide an electronic format of the aerial/underground telecommunications facilities in relation to the right-of-way centerline reference to allow the City to add this information to the City’s Geographic Information System (“GIS”) program. The information in this subsection shall be delivered to the Cityby December 1, annually. B. In addition to subsection A of this section, the City may request that Grantee provide the information described in subsection A of this section as needed for specific projects to avoid harm to Grantee’s facilities. To the extent such requests are limited to specific telecommunications facilities at a given location within the franchise area in connection with the construction of any City project, Grantee shall provide to the City, upon the City’s reasonable request, copies of available drawings in use by Grantee showing the location of such telecommunications facilities. Grantee shall field locate its telecommunications facilities in order to facilitate design and planning of City improvement projects. C. Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its telecommunications facilities within the franchise area; provided, however, any such plan so submitted shall be deemed confidential and for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the franchise area. D. In addition to the requirements of subsection A of this section, the parties agree to periodically share GIS files upon written request, provided Grantee’s GIS files are to be used solely by the City for governmental purposes. Any files provided to Grantee shall be restricted to information required for Grantee’s engineering needs for construction or maintenance of telecommunications facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to any third parties. E. Public Records Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Records Act codified in chapter 42.56 RCW. Grantee shall mark as “PROPRIETARY/CONFIDENTIAL” each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to timely provide the Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as “PROPRIETARY/CONFIDENTIAL” prior to allowing any inspection and/or copying as well as provide the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non-disclosure of the requested documentation/information. In the event the City disagrees with the Grantee’s basis for non-disclosure, the City agrees to withhold release of the requested documentation/information in Ordinance 24-002 Zayo Telecommunications Franchise Page 9 of 17 DRAFT dispute for a reasonable amount of time to allow Grantee an opportunity to file a legal action under RCW 42.56.540. Section 22. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street except as set forth in the City’s then-adopted regulations relating to street cuts and excavations. Section 23. Reservation of Rights by City. The City reserves the right to refuse any request for a permit to extend telecommunications facilities. Any such refusal shall be supported by a written statement from the Community and Public Works Director that extending the telecommunications facilities, as proposed, would interfere with the public health, safety or welfare. Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City’s ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any telecommunications facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. In the event of a conflict between the Municipal Code and this franchise, City Code shall control. Section 26. Vacation. The City may vacate any City road, right-of-way or other City property which is subject to rights granted by this franchise in accordance with state and local law. Any relocation of telecommunications facilities resulting from a street vacation shall require a minimum of 180 days notice as provided for in section 37. Section 27. Indemnification. A. Grantee hereby covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person arising from injury, sickness or death of any person or damage to property of any nature whatsoever relating to or arising out of this franchise agreement; except for injuries and damages caused solely by the negligence of the City. This includes but is not limited to injury: 1. For which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing the activities authorized by a franchise are the proximate cause; 2. By virtue of Grantee’s exercise of the rights granted herein; Ordinance 24-002 Zayo Telecommunications Franchise Page 10 of 17 DRAFT 3. By virtue of the City permitting Grantee’s use of the City’s rights-of-ways or other public property; 4. Based upon the City’s inspection or lack of inspection of work performed by Grantee, its agents and servants, officers or employees in connection with work authorized on the facility or property over which the City has control, pursuant to a franchise or pursuant to any other permit or approval issued in connection with a franchise; 5. Arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction or work upon the facility, in any right-of-way, or other public place in performance of work or services permitted under a franchise; or 6. Based upon radio frequency emissions or radiation emitted from Grantee’s equipment located upon the facility, regardless of whether Grantee’s equipment complies with applicable federal statutes and/or FCC regulations related thereto. B. Grantee’s indemnification obligations pursuant to subsection A of this section shall include assuming liability for actions brought by Grantee’s own employees and the employees of Grantee’s agents, representatives, contractors and subcontractors even though Grantee might be immune under RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and understood that this assumption of potential liability for actions brought by the aforementioned employees is limited solely to claims against the City arising by virtue of Grantee’s exercise of the rights set forth in a franchise. The obligations of Grantee under this subsection have been mutually negotiated by the parties, and Grantee acknowledges that the City would not enter into a franchise without Grantee’s waiver. To the extent required to provide this indemnification and this indemnification only, Grantee waives its immunity under RCW Title 51. C. Inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided, that Grantee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. The City has the right to defend or participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim. D. In the event that Grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City’s costs for defense of the action, including all reasonable expert witness fees, reasonable attorneys’ fees, and the reasonable costs of the City of recovering under this subsection. E. Grantee's duty to defend, indemnify and hold harmless City against liability for damages caused by the concurrent negligence of (a) City or City’s agents, employees, or contractors, and Ordinance 24-002 Zayo Telecommunications Franchise Page 11 of 17 DRAFT (b) Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Grantee or Grantee’s agents, employees, or contractors. In the event that a court of competent jurisdiction determines that a franchise is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided herein. F. Notwithstanding any other provisions of this section, Grantee assumes the risk of damage to its telecommunication facilities located in the rights-of-way and upon City-owned property from activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from any willful or malicious action or gross negligence on the part of the City, its officers, agents, employees or contractors. Grantee releases and waives any and all such claims against the City, its officers, agents, employees or contractors.Grantee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Grantee’s facilities as the result of any interruption of service due to damage or destruction of Grantee’s facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. G. The provisions of this section shall survive the expiration, revocation or termination of this franchise. Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents, representatives or employees. Applicant’s maintenance of insurance as required by this franchise shall not be construed to limit the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. A. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. This insurance shall cover all owned, non-owned, hired or leased vehicles used in relation to this franchise. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and B. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01, or a substitute form providing equivalent liability coverage acceptable to the City, and shall cover products liability. The City shall be named as an insured under the Applicant’s Commercial General Liability insurance policy using ISO Additional Insured-State or Political Subdivisions-Permits CG 20 12 or a substitute endorsementacceptable to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with limits no less than $2,000,000 Combined Single Limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property; explosion, collapse and underground (XCU); and Employer’s Liability. Ordinance 24-002 Zayo Telecommunications Franchise Page 12 of 17 DRAFT The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1.The Grantee’s insurance coverage shall be primary insurance with respect to the City as outlined in the Indemnification section of this franchise. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee’s insurance and shall not contribute with it. 2.The Grantee’s insurance shall be endorsed to state that coverage shall not be cancelled, except after 30 days’ prior written notice has been given to the City. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Grantee shall furnish the City with original certificates and a copy of any amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Grantee prior to the adoption of this Ordinance. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 29. Performance Bond Relating to Construction Activity. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee’s contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City, in the amount of $25,000, as sufficient to ensure performance of Grantee’s obligations under this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this franchise, and to repair or replace any defective work or materials discovered in the City’s road, streets, or property. Said bond shall remain in effect for the life of this franchise. In the event Grantee proposes to construct a project for which the above-mentioned bond would not ensure performance of Grantee’s obligations under this franchise, the City is entitled at its sole discretion to require such larger bond as may be appropriate under the circumstances. Section 30. Modification. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this franchiseupon written agreement of both parties to such alteration, amendment or modification. Section 31. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this franchise, and an adequate opportunity to cure the violation or non-compliance has been given in writing to Grantee, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Ordinance 24-002 Zayo Telecommunications Franchise Page 13 of 17 DRAFT Grantee to comply with the provisions of this franchise and to recover damages and costs incurred by the City by reason of Grantee’s failure to comply. Section 32. Assignment. This franchise may not be assigned or transferred without the written approval of the City, except that Grantee can assign this franchise without approval of, but upon notice to the City to, any parent, affiliate or subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee, by merger, sale, consolidation or otherwise. Section 33. Acceptance.Not later than 60 days after passage of this Ordinance, the Grantee must accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the 60-day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 8, 13, 16, 17, 18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and City and all privileges, as well as all obligations and liabilities of Grantee shall inure to their respectiveheirs, successors and assigns equally as if they were specifically mentioned herein. Section 35. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of the franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the franchise. Section 36. Renewal.Application for extension or renewal of the term of this franchise shall be made no later than 180 days of the expiration thereof. In the event the time period granted by this franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated by the City. Section 37. Notice. Any notice or information required or permitted to be given by or to the parties under this franchise may be sent to the following addresses unless otherwise specified, in writing: The City: City of Spokane Valley Attn: City Clerk 10210 East Sprague Ave. Spokane Valley, WA 99206 Grantee: Zayo Group, LLC Ordinance 24-002 Zayo Telecommunications Franchise Page 14 of 17 DRAFT Attn: Legal Department 1401 Wynkoop St., Suite 500 Denver, CO 80202 Phone: (303) 854-5271 Facsimile: (303) 604-6869 Section 38. Choice of Law. Any litigation between the City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section 39. Non-Waiver.The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. Section 40. Entire Agreement.This franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the City roads as herein described. Section 41. Effective Date. This Ordinance shall be in full force and effect five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this ______day of_________, 2024. Pam Haley, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Accepted by Zayo Group, LLC: By: Ordinance 24-002 Zayo Telecommunications Franchise Page 15 of 17 DRAFT The Grantee, Zayo Group, LLC, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, has signed this day of , 2024. Subscribed and sworn before me this day of , 2024. Notary Public in and for the State of residing in My commission expires Ordinance 24-002 Zayo Telecommunications Franchise Page 16 of 17 DRAFT Ordinance 24-002 Zayo Telecommunications Franchise Page 17 of 17 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 9, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Public Records Act and Open Public Meetings Act training. GOVERNING LEGISLATION: Chapters 42.56 RCW (PRA) and 42.30 RCW (OPMA). PREVIOUS COUNCIL ACTION TAKEN: Training by staff at least once per year. BACKGROUND: Staff will provide training on the City’s obligations pursuant to chapter 42.56 RCW (the Public Records Act), and chapter 42.30 RCW (the Open Public Meetings Act). OPTIONS: N/A. RECOMMENDED ACTION OR MOTION: N/A. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Kelly Konkright, City Attorney ATTACHMENTS: PowerPoint presentation. DRAFT ADVANCE AGENDA as of January 4, 2024; 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 January 16, 2024 No Meeting Council in Olympia January 23, 2024 Formal Meeting, 6:00 p.m. \[due Tue Jan 16\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Ordinance 24- XXX First Reading Zayo Franchise Tony Beattie (5 minutes) 3. Motion Consideration potential grant opportunity: City Safety Program A. Jackson, Dan Baker (5 minutes) 4. Motion Consideration potential grant opportunity: RAISE Program Adam Jackson, Dan Baker (5 minutes) 5. Economic Forecast Chelsie Taylor, Grant Forsyth (30 minutes) 6. Admin Report: City Brand Update Jill Smith (5 minutes) 7. Admin Report: RCO Grant Update, Flora Park John Bottelli (5 minutes) 8. Admin Report: RCO Grant Opportunity, Balfour Park - John Bottelli (5 minutes) 9. Advance Agenda Mayor Haley (5 minutes) 10. Info Only: Department Monthly Reports; Fire Dept Monthly Report \[*estimated meeting: 70 mins\] January 30, 2024 Study Session, 6:00p.m. \[due Tue Jan 23\] 1. Resolution: City Brand Update Jill Smith (5 minutes) 2. Admin Report: Arts Council Contract Virginia Clough (5 minutes) 3. Admin Report: Pines Rd GSP Update Erica Amsden (5 minutes) 4. Admin Report: Police Staffing Update Erik Lamb (30 minutes) 5. Advance Agenda Mayor Haley (5 minutes) \[*estimated meeting: 50 mins\] February 6, 2024 Study Session, 6:00 p.m. \[due Tue Jan 30\] 1. Admin Report: 2024 Capital Improvement Projects Erica Amsden & Robert Lochmiller (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) February 13, 2024 Winter Workshop, 8:30 a.m. -2:30 p.m \[due Tue Feb 6\] 1. Advance Agenda Mayor Haley (5 minutes) February 20, 2024 Study Session, 6:00p.m. \[due Tue Feb 13\] 1. Advance Agenda Mayor Haley (5 minutes) February 27, 2024 Formal Meeting, 6:00 p.m. \[due Tue Feb 20\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report March 5, 2024 Study Session, 6:00 p.m. \[due Tue Feb 27\] 1. Advance Agenda Mayor Haley (5 minutes) March 12, 2024 Formal Meeting, 6:00 p.m. \[due Tue March 5\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) March 19, 2024 Study Session, 6:00 p.m. \[due Tue March 12\] 1. Advance Agenda Mayor Haley (5 minutes) March 26, 2024 Formal Meeting, 6:00 p.m. \[due Tue March 19\] Draft Advance Agenda 1/5/2024 1:53:26 PM Page 1 of 2 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) 3. 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.) Appleway Trail Amenities Ethics Code Gang Task Force Update Mirabeau Park Forestry Mgmt. ORV usage on streets Park Camera Update Park Lighting PFD Presentation Public Safety Comparison Protection of Utility Infrastructures SCRAPS Street Scaping, signs, trees, etc.(info) Vehicle Wgt Infrastructure Impact Yellowstone Franchise Agreement Zayo Franchise Ordinance Draft Advance Agenda 1/5/2024 1:53:26 PM Page 2 of 2 upheld Decision Decision of SCRAPS Description Page 1 of 1 Other Jurisdictions Appeal by Kathryn Sieck of Dangerous Dog Determination. Valley Spokane Jurisdiction 2022-0524 File Number 1/18/2023 Hearing Date