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2024, 03-12 Formal Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT Tuesday, March 12, 2024 6:00 p.m. Remotely via ZOOM Meeting and In Person at Spokane Valley City Hall, Council Chambers 10210 E. Sprague Ave. Spokane Valley, WA 99206 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 Derek Cutlip, Victory Faith PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA MAYOR’S STATEMENT 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: Council Agenda March 12, 2024 Page 1 of 2 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. a.Approval of Claim Vouchers, March 12, 2024, Request for Council Action Form: $1,751,340.56. b.Approval of Payroll for Pay Period ending February 29, 2024: $836,193.89. c.Approval of Council Meeting Minutes of October 17, 2023 d.Approval of Council Meeting Minutes of October 24, 2023 e.Approval of Council Meeting Minutes of October 31, 2023 f.Approval of Council Meeting Minutes of November 6, 2023 g.Approval of Council Meeting Minutes of November 14, 2023 h.Approval of Council Meeting Minutes of November 21, 2023 i.Approval of Council Meeting Minutes of December 5, 2023 2.Motion Consideration: Mayoral Appointment – STA Alternate – Mayor Haley \[public comment opportunity\] 3.Resolution 24-006: Governance Manual Update – Mayor/Council \[public comment opportunity\] 4.First Reading Ordinance 24-005: Hearing Examiner Code Text Amendments – Kelly Konkright \[public comment opportunity\] 5.First Reading Ord. 24-004: Franchise Agreement – Wholesail Networks – Tony Beattie \[public comment opportunity\] 6.First Reading Ord. 24-003: Franchise Agreement – Ziply – Tony Beattie \[public comment opportunity\] 7.Motion Consideration: Local Access Street Preservation Services Bid Award, Inland Asphalt – Bill Helbig \[public comment opportunity\] ADMINISTRATIVE REPORT: 8.Admin Report: SCRAPS Update – Erik Lamb, Morgan Koudelka, Jesse Ferrari 9.Admin Report: Street Maintenance Interlocal Agreement – Bill Helbig 10.Advance Agenda – Mayor Haley INFORMATION ONLY (will not be reported or discussed): COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURNMENT Council Agenda March 12, 2024 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 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 2/21/2024 62915-62921 939,024.37 2/21/2024 62922-62951, wire 23390138 342,863.47 2/22/2024 62952-62987 322,764.29 2/22/2024 62988-63011 110,772.72 2/23/2024 63012-63019 19,159.40 2/23/2024 63020-63022 363.79 2/23/2024 63023 16,392.52 TOTAL: 1,751,340.56 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 311 – Pavement Preservation 001.076.301. Parks & Rec-Recreation 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: 294 - Citywide Reflective Post Panels 143 - Barker Rd/BNSF Grade Separation 299 - Argonne Rd Concrete Pavement Indiana to Mont. 205 - Sprague/Barker Intersection Improvement 300 - Pines & Mission Intersection Improvement 223 - Pines Rd Underpass @ BNSF & Trent 308 - Regional Decant Facility Canopy 249 - Sullivan & Wellesley Intersection Improv 309 - Local Access Streets: Barker Homes 273 - Barker/I-90 Interchange 311 - Sullivan Rd./SR 290 Interchange Project 275 - Barker Rd Widening - River to Euclid 313 - Barker Road/Union Pacific Crossing 285 - Indiana Ave Pres - Evergreen to Sullivan 314 - Balfour Park Frontage Improvements 286 - Broadway Preservation: Havana to Fancher 315 - Brown's Park 2020 Improvements 293 - 2018 CSS Citywide Reflective Signal BP 316 - Balfour Park Improvements - Phase 1 317 - Appleway Stormwater Improvements 334 - Sprague Ave Preservation 318 - Wilbur Sidewalk: Boone to Mission 335 - Mission Ave over Evergreen Rd Deck Repair th 320 - Sullivan Preservation: Sprague-8 338 - Loop Trail Project 321 - Argonne Corridor Improvements- North of Knox 339 - 2022 Local Access Streets: Summerfield E 322 - City Hall Repairs 340 - 8th Ave Sidewalk (Coleman to Park) 323 - Evergreen Road Preservation Project 341 - Broadway Preservation- Fancher to Park 326 - 2020 Citywide Reflective Post Panels 342 - 2022 School Zone Flashing Beacons 327 - Sprague Avenue Stormwater 343 - Buckeye Avenue Sewer Extension 328 - Sullivan Park Waterline 344 - Park Rd Sidewalk- Broadway to Cataldo 329 - Barker Road Imp- City Limits to Appleway 345 - Park Rd Sidewalk- Nora to Baldwin 330 - WTSC 2021 School Zone Beacons 346 - Bowdish Sidewalk 12th to 22nd 331 - COVID-19 Relief Funds 347 - Broadway and Park Intersection 332 - NE Industrial Area - Sewer Extension 350 – Balfour Facility 333 - Evergreen Rd Pres Broadway to Mission 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:March12,2024Department Director Approval: Item: Check all that apply:consent old business new business public hearing informationadmin. reportpending legislation AGENDA ITEM TITLE: Payrollfor Pay Period EndingFebruary29, 2024 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: BUDGET/FINANCIAL IMPACTS: EmployeesCouncilTotal Gross: $ 471,033.29$ 13,050.00$ 484,083.29 Benefits: $ 330,316.34$ 21,794.26$ 352,110.60 Total payroll $ 801,349.63$ 34,844.26$ 836,193.89 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 MINUTES City of Spokane Valley City Council Study Session Tuesday, October 17, 2023 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in the Great Room at CenterPlace, 2426 N Discovery Place, Spokane Valley, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Rod Higgins, Deputy Mayor Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember John Bottelli, Parks & Rec Director Brandi Peetz, Councilmember Mike Basinger, Economic Dev. Director Laura Padden, Councilmember Chelsie Taylor, Finance Director Ben Wick, Councilmember John Whitehead, Human Resources Director Arne Woodard, Councilmember Gloria Mantz, City Services Administrator Virginia Clough, Legislative Policy Coordinator Tony Beattie, Sr. Deputy City Attorney Others in Attendance: Bill Helbig, Community & PW Director Kelly Konkright, Attorney Jill Smith, Communications Manager Adam Jackson, Engineering Manager Kendall May, Recreation Coordinator Pete Fisch, Engineering Tech II Chad Knodel, IT Manager Sean Walter, Assistant Police Chief Marci Patterson, City Clerk ROLL CALL: City Clerk Patterson called roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the amended agenda. PROCLAMATIONS: n/a COUNCIL COMMENTS: Mayor Haley read a letter into the record regarding an incident that occurred between a Spokane County and a citizen at Terrace View Park that resulted in allegations of misconduct by the Sergeant. Public safety is the highest priority of the Spokane Valley City Council. The letter also stated we will continue working with the Sheriff and our Police Chief to promote the high standards that we desire and our citizens expect and deserve from deputies assigned to the Spokane Valley Police Department. No additional comments were provided. GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comment. Ms. Barb Howard, Spokane Valley (via Zoom): spoke about the apartments across the street from her house and that she may need to put a fence up around her home in order to keep out all the drug issues in her neighborhood. Ms. Terri Lalonde, Spokane Valley: spoke about transitional home that was going to be located on Blake and about the number of transitional homes located in the area and voiced her concerns with the Blake location. Mr. John Harding, Spokane Valley: spoke about his concerns with building a new jail and what the criminal system looks like in Spokane County. There was also a letter from citizen Robert Tupper read into the record regarding property taxes and levy rates. ACTION ITEMS: Council Meeting Minutes, Study Session: 10-17-2023 - DRAFT Page 1 of 3 Approved by Council: 1. PUBLIC HEARING: Transportation Benefit District Erik Lamb, Adam Jackson Mayor Haley opened the public hearing at 6:15 p.m. Mr. Lamb Erik lead the public hearing with background on the TBD the Formation of a transportation benefit district noting that the Public Hearing was specifically for Ordinance 23-018. Currently at step four for the formation of the TBD per the PowerPoint presentation. Mr. Jackson reviewed the streets programs including local access streets, arterials, collectors and Pavement management program. He also noted that the county sewer project left us with good streets early on and it is now up to us to keep those residential roads in good condition. There are two key points to review: preservation and maintenance. Mr. Lamb reviewed the maintenance levels and noted that transfers of funding with the current levels can't be sustained with the budget. Mr. Jackson reviewed the PMP funding roadmap and what we can do to get funding. They identified the goals from 2021 street sustainability committee and that a TBD is funding mechanism for our streets. This ordinance provides for uses of the funding. Mayor Haley invited public comment. Mr. John Harding, Spokane Valley said the inflation was the highest in years and any funding ideas should be a vote of the people. Council discussed options for funding including a tax or a tab fee and there was also discussion around the need to have the fees or tax be voted by the people. Multiple councilmembers agreed that the TBD needed to be created in order to protect our roads. City Manager Hohman noted that it is difficult to say that we have any extra money, and that the presentation shows 2019 dollars. Currently there is more money coming from the reserve fund in order to do less than the bare minimum. Our strong sales tax is the reason we can balance the budget. Council agreed that our roads have a maintenance need and if we get too far behind on maintenance, we will never be able to catch up. There were no further comments and Mayor Haley closed the public hearing at 7:02p.m. 2. First Reading: Ordinance 23-018 TBD Formation Erik Lamb After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to advance Ordinance 23-018 the TBD formation to a second reading. After Mr. Lamb gave a brief synopsis of the purpose of the ordinance, the Mayor called for the vote. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Higgins, Councilmembers Hattenburg, Woodard, Wick and Peetz. Opposed: Councilmember Padden. Motion carried. NON-ACTION ITEMS: 3. Local Street Program Review Pete Fisch, Adam Jackson Mr. Jackson and Mr. Fisch presented an overview of the current street network. Mr. Fisch reviewed projects and provided a local access streets 2023 summary. Councilmembers stated that they were pleased that the pilot project is successful and questioned what the future for surface projects was looking like. Mr. Fisch good road treatment and would benefit us to do a little each year in order to try to get our 45's to 60's and keep them up. City Manager Hohman noted that they would review the surface treatments again after the winter season. 4. 2023 Budget Amendment Chelsie Taylor Ms. Taylor presented the 2023 budget amendment and noted that it affects 13 funds. $15.5 million within the 13 funds fund changes per the RCA. Councilmember Wick questioned the Monsanto funding and if it was to be used for river clean up. Ms. Taylor stated staff would be following up with a report on those funds at a later time. Councilmembers discussed that noted changes highlighted in blue in the budget amendments. Ms. Taylor also noted that there will be a follow-up discussion at a later date. 5. Rec and Aquatic Season Review Kendall May Ms. May reviewed the aquatics and parks arbor day celebration, the summer park meal program, day camps and swim lesson update. Councilmember Wick questioned the need for maintenance on the pools. Deputy City Manager Lamb noted that the pool maintenance is on the master plan and that they are working with YMCA staff to provide some guidance. Council Meeting Minutes, Study Session: 10-17-2023 - DRAFT Page 2 of 3 Approved by Council: 6.Advance Agenda Mayor Haley Councilmember Wick suggested meeting at an earlier time on Halloween to allow time for families to go trick-or-treating. Council agreed that perhaps they could begin the meeting at 4:00pm. COUNCIL COMMENTS There were no further Council comments. CITY MANAGER COMMENTS Mr. Hohman stated that Barker at Euclid would be open in about a week and that there may be a ribbon cutting for the event.He also stated that WSDOT Eastern Region received $500,000 in funds for a project th of our choosing and are looking at SR27 and 24for a pedestrian crossing to improve the statistics. Executive Session:It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn into executive session for 60minutes to review the performance of a public employee, and that no action will be taken upon return to open session. Council adjourned into executive session at 8:09p.m. At 9:00p.m. Deputy Mayor Higgins declared Council out of executive session, at which time it was moved by Councilmember Wick, seconded and unanimously agreed to adjourn. ATTEST: ________________________________ Pam Haley, Mayor _____________________________ Marci Patterson, City Clerk Council MeetingMinutes, Study Session:10-17-2023 -DRAFTPage 3of 3 Approved by Council: MINUTES City of Spokane Valley City Council Regular Meeting Formal Format Tuesday, October 24, 2023 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in the Great Room at CenterPlace Regional Event Center, 2426 N Discovery Place, Spokane Valley, and also remotely via Zoom meeting. _____________________________________________________________________________________ Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Rod Higgins, Deputy Mayor Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember Chelsie Taylor, Finance Director Laura Padden, Councilmember Gloria Mantz, City Services Administrator Brandi Peetz, Councilmember Tony Beattie, Sr. Deputy City Attorney Ben Wick, Councilmember Bill Helbig, Community & PW Director Arne Woodard, Councilmember John Whitehead, Human Resources Director Mike Basinger, Economic Dev. Director Others in attendance: Dave Ellis, Police Chief Kelly Konkright, Attorney John Bottelli, Parks & Rec Director Jill Smith, Communications Manager Virginia Clough, Legislative Policy Coordinator Sarah Farr, Accountant / Budget Analyst Morgan Koudelka, Administrative Analyst Chad Knodel, IT Manager Justan Kinsel, IT Specialist Marci Patterson, City Clerk INVOCATION: In the absence of Pastor Pursch, Mayor Haley asked for a moment of silence. PLEDGE OF ALLEGIANCE Council, staff and the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Patterson called the roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: Sheriff John Nowels Mayor Haley introduced Sheriff Nowels and Chief Ellis. Sheriff Nowels acknowledged a significant event a couple weeks ago. He stated that the investigation is with the City of Spokane at the moment. They are reviewing the documents and any footage provided. They spoke about camera policies for the officers and stated that as it is still an active investigation, there is not a lot of information that they can provide to the public. There will be an internal review of the incident as well. COUNCILMEMBER REPORTS Councilmember Peetz: said she attended the (Un)gala event for Family Promise and they raised about $219,000 and attended the Washington Traffic Safety Commission Meeting. Councilmember Padden: said she attended a luncheon with the faith-based community and provided an update on their homeless outreach and the services they provide and their mentor programs. Councilmember Hattenburg: said a ribbon cutting for a youth shelter and gave an update on the STA (Spokane Transit Authority) conference he attended in Orlando. Council Meeting Minutes, Formal: 10-24-2023 Page 1 of 4 Approved by Council: Councilmember Woodard: said he attended the Spokane County GMA elected officials amd provided an update on the details of that meeting. Councilmember Wick: said he attended an AWC district meeting as well as a FMSIB meeting and provided an update on the details of that meeting. Deputy Mayor Higgins: no report The Mayor reported that she also attended the conference with STA in Orlando. PROCLAMATIONS: na GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited comments from the public. Mr. Dan Allison, Spokane Valley: spoke about tax increases and the current housing market. Mr. Rob Tupper, Spokane Valley: spoke about the additional 1% property tax and reviewed the documentation that he submitted to council via email. City Clerk Patterson read 3 letters into the record that included nuisance properties, code text amendments, and concern for no new taxes. 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. a. Approval of Claim Vouchers on October 24, 2023, Request for Council Action Form: $2,714,575.27. b. Approval of Payroll for Pay Period Ending August 31, 2023: $501,156.40. c. Approval of Council Meeting Minutes of August 8, 2023. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the Consent Agenda. 2. PUBLIC HEARING: 2023 Budget Amendment Chelsie Taylor Mayor Haley opened the public hearing at 6:52 p.m. Finance Director Taylor mentioned there were a few th changes since the October 17 presentation, with those changes in blue font in the accompanying documents; she went through the PowerPoint discussing the Monsanto funds and those funds being moved from the General Fund to the 312 Fund. Mayor Haley invited public comment; no comments were offered. Mayor Haley closed the public hearing at 7:05p.m. 3. First Reading Ordinance 23-020 Amending 2023 Budget Chelsie Taylor After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to advance Ordinance 23-020 Amending the 2023 Budget to a second reading. Ms. Taylor gave a brief synopsis of the purpose of the ordinance and discussion was held regarding the Monsanto funds going into a dedicated fund. Ms. Taylor cautioned against another special account as the city already has 29 special accounts that are restricted funds and tracked very carefully. The Mayor called for the vote. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Higgins, Councilmembers Hattenburg, Woodard, and Padden. Opposed: Councilmembers Wick and Peetz. Motion carried. 4. First Reading Ordinance 23-021 Adopting the 2024 Budget Chelsie Taylor After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to advance Ordinance 23-021 Adopting the 2024 Budget to a second reading. After Ms. Taylor gave a brief synopsis of the purpose of the ordinance, the Mayor called for the vote. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 5.Second Reading Ordinance 23-017 Property Tax Ordinance Chelsie Taylor After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to approve Ordinance 23-017 levying 2024 regular property taxes and authorizing Spokane County to collect the tax on behalf of Spokane Valley. Finance Director Taylor gave a brief overview of the Council Meeting Minutes, Formal: 10-24-2023 Page 2 of 4 Approved by Council: proposed ordinance. Council questioned the residents with past due taxes and Ms. Taylor noted that adjustments are made, but that the amount is what should be collected. Ms. Taylor also noted that the ordinance does not include the additional 1%. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Higgins, Councilmembers Wick, Padden, Peetz and Hattenburg. Opposed: Councilmember Woodard. Motion carried. 6.Second Reading Ordinance 23-018 Formation of a TBD Ordinance Erik Lamb After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to approve Ordinance 23-018 formation of a Transportation Benefit District. After Mr. Lamb gave a brief overview of the proposed ordinance, the Mayor called for the vote. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Higgins, Councilmembers Wick, Woodard, Peetz and Hattenburg. Opposed: Councilmember Padden. Motion carried. Mayor Haley called for a recess at 7:25 p.m.; she reconvened the meeting at 7:35 p.m. 7. First Reading Ordinance 23-019 Junk Vehicle Ordinance Kelly Konkright After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to advance Ordinance 23-019 Amending chapter 7.05 SVMC, Relating to Junk and Unlicensed Vehicles to a second reading. After Mr. Konkright provided a detailed PowerPoint presentation regarding the proposed updates to the municipal code, council discussed what a proper unlicensed vehicle definition was. Council questioned the scooters and if they fell within the junk portion of the ordinance. Mr. Konkright noted that the scooters were not part of this portion of the code that was being amended. The Mayor called for public comment. Mr. John Harding, Spokane Valley spoke about the difficulty in getting parts for vehicles that are actively bring worked on and may not need to be considered part of the junk vehicles. The Mayor called for the vote. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Higgins, Councilmembers Padden, Peetz, Padden, and Woodard. Opposed: Councilmember Wick. Motion carried. 8. Motion Consideration: Housing and Homeless Five-Year Plan Gloria Mantz It was moved by Deputy Mayor Higgins and seconded to -year plan or take such other action deemed appropriate by City Council. After Ms. Mantz provided details about the five- year plan in a PowerPoint presentation and noted that the plan will be for 202-2024. There will be discussions at a later date for the plan moving forward to 2025. Mayor Haley called for questions. No questions were provided. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 9. Motion Consideration: HHAA Funding Recommendations Gloria Mantz It was moved by Deputy Mayor Higgins and seconded to earmark $100,000 for outreach services and $65,000 for shelter beds from the 2024 HHAA fee fund. Ms. Mantz gave a detailed PowerPoint presentation and noted that the interim task force recommended the funding for the specified outreach services. Mayor Haley called for questions. No questions were provided. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Higgins, Councilmembers Padden, Peetz, Padden, and Woodard. Opposed: Councilmember Wick. Motion carried. 10. Motion Consideration: Awards to Outside Agencies Social Services Sarah Farr It was moved by Deputy Mayor Higgins and seconded to award 2024 Outside Agency Social Services Grant funding as follows: Christ Kitchen- up to $5,571;Elevations Childrens Therapy - up to $15,238; Inland Chess Academy- up to $1,857; Joya Child & Family Development- up to $5,757;NAOMI- up to $9,810; Spokane Valley Partners- up to $30,982; Teen & Kid Closet- up to $12,000;Widows Might- up to $15,714; YMCA of the Inland Northwest- up to $3,071;for a total allocation of $100,000. Ms. Farr stated that the funds allocated were based on the spreadsheet that each councilmember previously filled out. The Mayor called for any questions; no questions were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. Council Meeting Minutes, Formal: 10-24-2023 Page 3 of 4 Approved by Council: 11. Motion Consideration: Awards to Outside Agencies Economic Development Sarah Farr It was moved by Deputy Mayor Higginsand secondedto award the 2024 Outside Agency Economic Development Grant funding as follows: Idaho Central Spokane Valley Performing Arts Center up to $8,886; JAKT Foundation CRAVE up to $7,857; JAKT Foundation - Farmers Market up to $13,600; SNAP Financial Access up to $19,171; Spokane Valley Arts Council - $11,000; Spokane Valley Heritage Museum - $18,457; Spokane Valley Summer Theatre - $13,886; Spokane Workforce Council - $7,143; for a total allocation of $100,000. Ms. Farr stated that the funds allocated were based on the spreadsheet that each councilmember previously filled out. The Mayor called for any questions; no questions were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. ADMINISTRATIVE REPORT 12. Advance Agenda Mayor Haley Councilmember Peetz suggested adding an update on an Emergency Preparedness Plan. City Manager Hohman stated that staff had been working on the plan. INFORMATION ONLY The (13) Department Monthly Reports, and the (14) Fire Department Monthly Report were for information only and were not reported or discussed. COUNCIL COMMENTS No additional comments to add. CITY MANAGER COMMENTS th City Manager Hohman noted a save the date of December 18 @ 2:30 for a meeting with the state legislators. He also stated that Barker Road will open at the end of the week and there may be a celebration for the completion of the project. Executive Session: It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn into executive session for 35 minutes to discuss potential litigation and potential acquisition of real estate, and that no action will be taken upon return to open session. Council adjourned into executive session at 8:20 p.m. At 8:45p.m. Deputy Mayor Higgins declared Council out of executive session, at which time it was moved by Councilmember Woodard, seconded and unanimously agreed to adjourn. ATTEST: ________________________________ Pam Haley, Mayor ____________________________ Marci Patterson, City Clerk Council Meeting Minutes, Formal: 10-24-2023 Page 4 of 4 Approved by Council: MINUTES SPECIAL MEETING City of Spokane Valley City Council Study Session Tuesday, October 31, 2023 Mayor Haley called the meeting to order at 4 p.m. The meeting was held in person by Council and staff in the Great Room at CenterPlace, 2426 N Discovery Place, Spokane Valley, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Rod Higgins, Deputy Mayor Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember John Bottelli, Parks & Rec Director Brandi Peetz, Councilmember Mike Basinger, Economic Dev. Director Laura Padden, Councilmember Chelsie Taylor, Finance Director Ben Wick, Councilmember John Whitehead, Human Resources Director Arne Woodard, Councilmember Virginia Clough, Legislative Policy Coordinator Gloria Mantz, City Services Administrator Bill Helbig, Comm. & PW Director Others in Attendance: Jill Smith, Communications Manager Kelly Konkright, Attorney Lesli Brassfield, Comm. Marketing Officer Chad Knodel, IT Manager Marci Patterson, City Clerk ROLL CALL: City Clerk Patterson called roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. PROCLAMATION: National American Indian Heritage Month, Mayor Haley read the proclamation for National American Indian Heritage Month. GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comment. Barb Howard, Spokane Valley (via Zoom): thanked staff for getting the nuisance property code update on the agenda. ACTION ITEMS: 1. Motion Consideration: Homeless Action Plan Adoption Gloria It was moved by Deputy Mayor Higgins and seconded to defer the adoption of the Spokane Valley Homeless Action Plan to a later date in order to incorporate additional input. Ms. Mantz presented the current plan and noted some of the additional information. Mayor Haley invited public comment. No comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 2. Resolution 23-012 Assumption of Powers for Transportation Benefit District Erik Lamb It was moved by Deputy Mayor Higgins and seconded to pass Resolution No. 23- intention to consider assuming the powers of the Spokane Valley TBD and setting a public hearing for November 14, 2023. Mr. Lamb provided a background regarding the formation of the TBD and the previous action taken by council. Mayor Haley invited public comment. No comments were offered. Vote by acclamation: in favor: Mayor Haley., Deputy Mayor Higgins, Councilmembers Wick, Woodard, Peetz and Hattenburg. Opposed: none. Councilmember Padden. Council Meeting Minutes, Study Session: 10-31-2023 - DRAFT Page 1 of 2 Approved by Council: NON-ACTION ITEMS: 3. Admin Report: Tourism Name & Tagline Lesli Brassfield, 116 & West Ms. Brassfield introduced Rick Hosmer and Jessica McDonnell with 116 & West. Ms. McDonnell gave a presentation on the overview of the target audience for the "Valley". It is brand friendly, safe and collaborative. Mr. Hosmer spoke to the typeface and the font and the style and noted that specific colors have not been chosen at this time. Council provided questions and Ms. Brassfield closed the discussion noting that she was working to finalize the colors and building the website and the pieces to build out the tourism aspect of the name and tagline. 4. Mike Basinger, Evan Eleff Mr. Basinger introduced Evan Eleff with The Sports Facilities Companies. Mr. Eleff provided a plan for the phased improvements at the complex. Per the plan, the completed complex will include 13 rectangle fields, five triangle fields, expanded parking and other complex amenities including addition restrooms and concessions. Council discussed costs and additional parking. They agreed that the plan would greatly benefit the community and that the collaboration with Spokane County was important in the project. 5. Admin Report: Monsanto Funds Kelly Konkright Mr. Konkright provided background on the Monsanto funding and where the funds originated from. He provided details on the court case that resulted in the city receiving a settlement payment in the amount of $3,548,719. He noted that a portion of the settlement was received in April 2023 and would be included in a future 2023 budget amendment as a revenue item. 6. Advance Agenda Mayor Haley There was nothing to add to the advance agenda. COUNCIL COMMENTS There were no further Council comments. CITY MANAGER COMMENTS Mr. Hohman stated that there may be a potential opportunity to apply for some rental car tax funding, but the request must be submitted by Monday. Mr. Basinger approached and provided overview of the request for the support letter and stated we would like to utilize the $332,579 left in the funding account. We would like to request a use for those funds for the cross-country course and that the LTAC committee was fully supportive in applying the $4.4 million in the cross country course. He would like a consensus to move forward in signing the letter. Consensus was received to move for with the request letter. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. The meeting adjourned at 5:18 p.m. ATTEST: ________________________________ Pam Haley, Mayor _____________________________ Marci Patterson, City Clerk Council Meeting Minutes, Study Session: 10-31-2023 - DRAFT Page 2 of 2 Approved by Council: MINUTES SPECIAL MEETING City of Spokane Valley City Council Study Session Monday, November 6, 2023 Mayor Haley called the meeting to order at 1:00p.m. The meeting was held in person by Council and staff in Room 212 at CenterPlace, 2426 N Discovery Place, Spokane Valley, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Rod Higgins, Deputy Mayor Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember John Bottelli, Parks & Rec Director Brandi Peetz, Councilmember Chelsie Taylor, Finance Director Laura Padden, Councilmember Jill Smith, Communications Manager Ben Wick, Councilmember Tony Beattie, Sr. Deputy City Attorney Arne Woodard, Councilmember Morgan Koudelka, Administrative Analyst Dave Ellis, Police Chief Others in Attendance: Sean Walter, Assistant Police Chief Kelly Konkright, Attorney Chad Knodel, IT Manager Justan Kinsel, IT Specialist Marci Patterson, City Clerk ROLL CALL: City Clerk Patterson called roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. NON-ACTION ITEMS: 1. Admin Report: Law Enforcement Staffing Report Erik Lamb, Chief Ellis, Morgan Koudelka, Matrix Consulting Mr. Lamb opened the meeting and introduced Richard Brady, President of Matrix Consulting. Mr. Brady stated that they would cover the findings and recommendations. The study objectives would include analyzing police workloads and service levels, comparing police services in Spokane Valley to best practices, evaluate staffing levels and operations, and evaluate opportunities to improve the efficiency and effectiveness of police services. The study methodology included e Office personnel serving Spokane Valley, extensive collection of data to support the analysis of all police functions in the City, a comparison of operations management practices against best practices in law enforcement, and an iterative process which inclu Office. Patrol: Findings included proactivity by hour/day recommending: increase patrol staffing by 9 officers increase patrol sergeants by 1. Council questioned the power shift to help to cover those holes in shifts and was it being used now? Council also questioned the requirements of minimum of one deputy per district, however that is not a realistic number now with six on a shift and covering the areas. Mr. Bradly stated that findings cover that and still have a power shift with a slight change in operation of hours. Chief Ellis stated a power shift that is fully staffed would include four each shift per platoon with a start time of 1:00pm to 1:00am and he is recommending starting at noon. Mr. Koudelka stated three K9 deputies that have been considered part of the patrols units and are in the power shift platoons as well. Traffic Enforcement and Investigations: Findings included having accident visibility at important work hours and also include accident investigations deployed in school zones. The addition of two more deputies Homeless Outreach Team & Behavioral Health Unit added a deputy to work with SVP co- Council Meeting Minutes, Study Session: 09-19-2023 - DRAFT Page 1 of 2 Approved by Council: response model that works the best within our area. The findings suggest maintaining the two civilian personnel. Property and Drug Crime Investigations: Findings note there is currently one sergeant and 10 detectives that are not handled by the Major Crimes Unit (a shared resource), it was recommend one more sergeant and six additional detectives. With the shared resources, it was recommended to have additional staff, one detective for major crimes one detective for sex crimes. Administration: Findings showed SCOPE efforts in the community are a valuable asset. A Resource Officer is currently assigned to each high school. Given the number of schools in Spokane Valley, their distance, and the growing public concern about school safety, a sergeant and 3 deputies should be added. Council discussed how to prioritize what we do and look at the biggest impact to start with. Mr. Brady stated that council should look at current needs and that is what will have the biggest impact. Currently, patrols are important and more than anything else will impact the perspective to the public. Mr. Lamb noted that we can plan for future needs. Mr. Koudelka discussed that council can determine what current needs are in order to better determine future needs and drivers for the future strategies. Mr. Lamb discussed the possibility of a civilian position and that keeping data for future uses would assist with the next steps. Council noted that the civilian position would need access to the data and that we need them at a level that they would be able to gather and compile all the data. Mr. Lamb noted that there could be an annual review of the data and look at what the trends are for patrols etc. and that would assist us with where our needs are and to better address problem areas. City Manager Hohman closed the discussion by thanking the team and would like the council to look over the report and reflect on the numbers. He stated that we have not changed the number of staff for 15 years in the police contract. He would like them to review this request and then start to review funding options and servicing as this is the number one priority for the council. 2. Advance Agenda Mayor Haley There was nothing to add to the advance agenda. COUNCIL COMMENTS There were no further Council comments. CITY MANAGER COMMENTS Mr. Hohman noted that there would not be a meeting tomorrow as it is Election Day. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. The meeting adjourned at 2:24 p.m. ATTEST: ________________________________ Pam Haley, Mayor _____________________________ Marci Patterson, City Clerk Council Meeting Minutes, Study Session: 09-19-2023 - DRAFT Page 2 of 2 Approved by Council: MINUTES City of Spokane Valley City Council Regular Meeting Formal Format Tuesday, November 14, 2023 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in the Great Room at CenterPlace Regional Event Center, 2426 N Discovery Place, Spokane Valley, and also remotely via Zoom meeting. _____________________________________________________________________________________ Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Rod Higgins, Deputy Mayor Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember Tony Beattie, Sr. Deputy City Attorney Laura Padden, Councilmember John Bottelli, Parks & Recreation Director Arne Woodard, Councilmember Bill Helbig, Community & PW Director Ben Wick, Councilmember Mike Basinger, Economic Dev. Director Absent: Jill Smith, Communications Manager Brandi Peetz, Councilmember John Whitehead, Human Resources Director Dave Ellis, Police Chief Others in attendance: Virginia Clough, Legislative Policy Coordinator Kelly Konkright, Attorney Sarah Farr, Accounting & Finance Program Mgr. Chad Knodel, IT Manager Justan Kinsel, IT Specialist Marci Patterson, City Clerk INVOCATION: In the absence of a pastor, a few minutes of silence were observed. PLEDGE OF ALLEGIANCE Council, staff and the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Patterson called the roll; all Councilmembers were present except Councilmember Peetz. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to excuse Councilmember Peetz from this meeting. APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COUNCILMEMBER REPORTS Councilmember Padden: said she attended the Valley Chamber Annual meeting. Councilmember Hattenburg: said he attended an STA workshop called Connect 2035. Councilmember Woodard: said he attended the Wastewater Policy Advisory Committee meeting, the Annual Chamber meeting and Arts Commission annual gathering. Councilmember Wick: said he attended the MRSC Board of Directors meeting. He also noted that a previous long time Fire Commissioner, Joe Dawson passed away. Deputy Mayor Higgins: had nothing to report that has not already been reported. Mayor Haley reported that she also attended many of the previously talked about meetings. PROCLAMATIONS: National DECA Month & Global Entrepreneurship Week Council Meeting Minutes, Formal: 11-14-2023 Page 1 of 4 Approved by Council: Mayor Haley read the proclamation for National DECA Month & Global Entrepreneurship Week. The Central Valley High School DECA program accepted the proclamation. GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comments. Ms. Barb Howard, Spokane Valley (via Zoom): spoke about a concern with junk vehicles in her neighborhood. Mr. Al Merkel, Spokane Valley: thanked Councilmember Woodard for his years of service. Mr. John Harding, Spokane Valley: spoke the use of language in our society and that each homeless person is a unique individual as are their situations Ms. Katherine Fraiser, Spokane Valley: spoke about sexual predators and that none of them should be near any of our schools. 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. a. Approval of Claim Vouchers on November 14, 2023, Request for Council Action Form: $13,086,348.76. b. Approval of Payroll for Pay Period Ending October 31, 2023: $749,163.41. c. Approval of Council Meeting Minutes of August 8, 2023 It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the Consent Agenda. 2. PUBLIC HEARING: TBD Assumption of Powers Erik Lamb Mayor Haley opened the public hearing at 6:21 p.m. Deputy City Manager Lamb stated that the Public Hearing was for Ordinance 23-022 for the TBD Assumption of powers. Mr. Lamb reviewed the overall TBD Assumption of power definition. Mayor Haley invited public comment; Diana Wilhite, Spokane Valley, suggested dedicating funds to a road fund and that any additional funds be used for park development. Mayor Haley closed the public hearing at 6:25p.m. 3. First Reading Ordinance 23-022 TBD Assumption of Powers Erik Lamb After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to advance Ordinance 23-022 TBD Assumption of Powers, to a second reading. After Mr. Lamb gave a brief synopsis of the purpose of the ordinance, Mayor Haley invited public comments; no comments were offered. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Higgins, Councilmembers Hattenburg, Woodard, and Wick. Opposed: Councilmember Padden. Motion carried. 4. Second Reading Ordinance 23-019 Junk Vehicles Kelly Konkright After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to approve Ordinance 23-019 Amending Chapter 7.05 SVMC, Relating to Junk and Unlicensed Vehicles. After Mr. Konkright provided a brief summary of the purpose of the ordinance, council asked for clarification regarding vehicles that were currently being repaired. Mr. Konkright noted that one car can actively be repaired as long as it is not for commercial purposes. Mayor Haley invited public comments; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 5. Motion Consideration: Change Order, Barker Rd BNSF Grade Sep. Project Rob Lochmiller It was moved by Deputy Mayor Higgins and seconded to authorize the City Manager to finalize and execute Change Order Number 69 with Max J. Kuney Company in the amount of $72,134.00. Mr. Lochmiller presented the current change order and explained why the change order was necessary. Mayor Haley invited public comments; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. ADMINISTRATIVE REPORTS: 6. Admin Report: TBD Funding Discussion Erik Lamb Council Meeting Minutes, Formal: 11-14-2023 Page 2 of 4 Approved by Council: Deputy City Manager Lamb and City Manager Hohman presented a PowerPoint presentation on the funding options for the Transportation Benefit District (TBD). Currently the maintenance for our residential roads has a shortfall due to the lack of revenues and there are multiple funding options for the TBD. A sales tax increase or a tab fee increase revenue comparison provided guidance to review a couple of the options. Councilmember Woodard stated this has been discussed 70+ times, so how long are we going to let our roads go? Council noted that our roads are in good shape and we need to do something now while the roads are still in good shape. Councilmember Wick believed there should be a vote of the people and any fee or tax should not be done through the council. Mayor Haley stated that a sales tax can often be volatile even though our city sales tax seems to do well. Council agreed that they would like additional information on a combo of a fee and a tax and would like to see what funding amount that would bring to the city. There was consensus to bring back additional information regarding the tab fee and how it could be initiated. 7. Admin Report: 2024 Draft Federal Legislative Agenda Virginia Clough Ms. Clough introduced Mr. Mike Pieper with Cardinal Infrastructure to go over the PowerPoint presentation. Mr. Pieper spoke about the Federal projects and the policy priority. He also provided a 2023 year in review with the education and advocacy efforts that were done. Mr. Pieper gave an update on advancing the project priorities and what that would look like with the appropriation status for FY2024 and FY2025. There was a brief overview of the fentanyl crisis and what was being done at the federal level. 8. Admin Report: CLFR Funds Allocated for Behavioral Health Update Virginia Clough Ms. Clough and City Manager Hohman spoke about the one million dollars in mental health funding previously selected for East Valley mental health/counseling funding. However, the Board of County Commissioners fully funded the program that was presented for East Valley school district. If council would like to move forward for the funding a behavioral health program, we would like to have an RFP process in order to review the requests. Council agreed that behavioral health coverage could be expanded to include human trafficking. Councilmember Wick questioned the ability to use the funds as a one time investment in the fight against human trafficking. City Manage Hohman stated that it would still need to be part of the RFP process. Consensus was approved to expand the definition of behavioral health to include the help against human trafficking and still provide and RFP process. City Manager Hohman stated staff would reach out to entities that provided those specific services and start an RFP process for presentations. Mayor Haley called for a recess at 7:40 p.m.; she reconvened the meeting at 7:45 p.m. 9. Admin Report: Pools Contract with YMCA John Bottelli Mr. Bottelli presented a proposal for an agreement with YMCA for the operation and maintenance of the city pool facilities. Mr. Bottelli noted the YMCA is the only organization to offer those specific services and has been operating our city pools since 2005. The current agreement expires at the end of 2023 and there were minor changes made to the proposed agreement. The proposed contract would increase the annual compensation to the YMCA from $34,000 plus actual expenses to $40,000 plus actual expenses, with an annual adjustment of the administrative fee not to exceed 3% or the CPI, whichever is smaller. The anticipated actual cost to the City for the 2024 aquatics season under this agreement would be an estimated $597,970. Council offered no questions. Consensus was approved to move forward with the agreement. 10. Admin Report: LTAC Recommendations to Council Sarah Farr Ms. Farr provided an overview of the LTAC funding and what it can be used for. Council questioned the allowable uses and Ms. Farr stated the marketing and operations for one of the applicants was acceptable. Ms. Farr also provided the LTAC recommendations on her council action coversheet for them to continue to review and that the request for approval would come forward at a later council meeting. 11. Advance Agenda Mayor Haley Nothing to add to the advance agenda. Council Meeting Minutes, Formal: 11-14-2023 Page 3 of 4 Approved by Council: INFORMATION ONLY The (12) Fire Department Monthly Report, and the (13) Department Monthly Reports were for information only and were not reported or discussed. COUNCIL COMMENTS There were no further Council comments. CITY MANAGER COMMENTS Mr. Hohman stated that there was a letter to Mr. Roger Millar for council to review thanking him for the assistance with the Barker Project. Mr. Hohman asked for any objections to having the Mayor sign the letter. No objections were raised. Mr. Hohman also provided an update on the city hall project and current projections were still to have the first meeting of 2024 in chambers. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:05 p.m. ATTEST: ______________________________ Pam Haley, Mayor ____________________________ Marci Patterson, City Clerk Council Meeting Minutes, Formal: 11-14-2023 Page 4 of 4 Approved by Council: MINUTES City of Spokane Valley City Council Study Session Tuesday, November 21, 2023 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in the Great Room at CenterPlace, 2426 N Discovery Place, Spokane Valley, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Rod Higgins, Deputy Mayor Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember John Bottelli, Parks & Rec Director Brandi Peetz, Councilmember Mike Basinger, Economic Dev. Director Laura Padden, Councilmember Gloria Mantz, City Services Administrator Ben Wick, Councilmember Chelsie Taylor, Finance Director Arne Woodard, Councilmember Virginia Clough, Legislative Policy Coordinator Tony Beattie, Senior Deputy City Attorney Others in attendance: Jill Smith, Communications Manager Kelly Konkright, Attorney John Whitehead, Human Resources Director Bill Helbig, Community & PW Director Jerremy Clark, Traffic Engineering Manager David Ellis, Police Chief Nikki Kole, IT Specialist Justan Kinsel, IT Specialist Marci Patterson, City Clerk ROLL CALL: City Clerk Patterson called roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comment. Barb Howard, Spokane Valley (via Zoom): spoke about concerns she has with the police department. Mr. John Harding: how they find their way into certain areas. ACTION ITEMS: 1. PUBLIC HEARING #3: 2024 Budget Chelsie Taylor Mayor Haley opened the public hearing at 6:08 p.m. Finance Director Taylor stated there very few changes since the previous draft budget book went out and those changes in blue font in the accompanying documents; she went through the PowerPoint discussing the estimated revenues and expenditures, FTE counts, general fund revenues and expenditures, other funds such as motor vehicle fuel tax and Real Estate Excise tax (REET), grant revenues, and funding challenges. Deputy City Manager Lamb reviewed the Matrix study and stated that there were no additional officers added to this budget and that there will be a review of funding options in the future. Mayor Haley invited public comment. Mr. John Harding, Spokane Valley said he attended the Matrix study review and was impressed with the presentation and would like to be proactive with getting officers and funding for them figured out. Mr. Rob Tucker, Spokane Valley spoke about the 1% property tax and that council missed out by not adding that to the budget. There were no further comments and Mayor Haley closed the public hearing at 6:23p.m. 2. Second Reading: Ordinance 23-020 Amending 2023 Budget Chelsie Taylor Council Meeting Minutes, Study Session: 11-21-2023 - DRAFT Page 1 of 3 Approved by Council: After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to adopt Ordinance 23-020 Amending 2023 Budget. After Ms. Taylor gave a brief synopsis of the purpose of the ordinance and stated there were 13 funds affected, Mayor Haley called for the vote. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 3. Second Reading: Ordinance 23-021 Adopting 2024 Budget Chelsie Taylor After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to adopt Ordinance 23-021 Adopting 2024 Budget. After Ms. Taylor gave a brief synopsis of the purpose of the ordinance and council discussed multiple funds. There was also discussion around the funding for the police and that it was not in the 2024 budget. Ms. Taylor noted that Chief Ellis and staff were reviewing multiple options and would come forward at a later date with more details. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Higgins, Councilmembers Padden, Wick, Peetz and Hattenburg. Opposed: Councilmember Woodard. Motion carried. 4. Second Reading: Ordinance 23-022 TBD Assumption of Powers Erik Lamb After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to adopt Ordinance 23-022 TBD Assumption of Powers. Mr. Lamb gave a brief synopsis of the purpose of the ordinance, provided a brief background on the ordinance and stated this ordinance was only for the Assumption of Powers for the TBD. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Higgins, Councilmembers Woodard, Wick, Peetz and Hattenburg. Opposed: Councilmember Padden. Motion carried. 5.Motion Consideration: Pools Contract with YMCA John Bottelli It was moved by Deputy Mayor Higgins to authorize the City Manager to finalize and execute the amendment and restatement of terms to the YMCA Agreement for Operations and Maintenance of Pool Facilities. Mr. Bottelli provided a background on the contract and stated that the YMCA has held the contract with the city to operate our outdoor pools since 2003 and that this contract provided very little changes from the previous contract. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. NON-ACTION ITEMS: 6. Admin Report: Clearview Triangle, CTA-2023-0003- Jerremy Clark Mr. Clark opened the discussion with a PowerPoint presentation that discussed the need for the code text amendment and reviewed the Planning Commission findings regarding the code text amendment. The proposed amendments to SVMC 22.070.030 clarify that clearview triangle regulations apply to alleyways. Council provided consensus to move forward with the ordinance to amend SVMC 22.070.030 with the proposed changes as stated. 7. Admin Report: Annexation Update Mike Basinger Mr. Basinger provided a review of the current Comprehensive Plan and details regarding out contract with BERK Consulting to conduct an assessment of the UGAs adjacent to our City boundary to determine buildable capacity and land use options. An important component of the analysis was ensuring consistency with the CPPs and the related Land Capacity Analysis (LCA). Using the updated LCA methodology, the consultant completed an initial map showing parcels in the UGA adjacent to the City that are unbuildable, developed, partly developable, re-developable, and vacant. Staff reviewed the analysis and provided comments to the consultant allowing them to move forward and complete a draft of the annexation report. The annexation report will provide a clear understanding about the potential for UGAs adjacent to the City to meet future growth needs including information on development yields for individual areas for both residential and non-residential (commercial/industrial) uses. A draft report is expected by the end of November. Council Meeting Minutes, Study Session: 11-21-2023 - DRAFT Page 2 of 3 Approved by Council: 8. Advance Agenda Mayor Haley There were no suggested changes to the Advance Agenda. COUNCIL COMMENTS There were no further Council comments. CITY MANAGER COMMENTS Mr. Hohman stated that staff is currently looking for behavioral health providers that assist with the prevention of human trafficking based on the conversation that was had with council last week. Mr. Hohman also gave an update on the Regional Homeless Collaboration process. He also stated that the city is hosting a townhall workshop at CenterPlace for transitional housing providers and other service providers in our community. Mr. Hohman also noted that there would not be a meeting next week. Executive Session: It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn into executive session for 60 minutes to discuss the review performance of a public employee, and that no action will be taken upon return to open session. Council adjourned into executive session at 7:16 p.m. At 8:16p.m. Deputy Mayor Higgins declared Council out of executive session, at which time it was moved by Councilmember Wick, seconded and unanimously agreed to adjourn. ATTEST: ________________________________ Pam Haley, Mayor _____________________________ Marci Patterson, City Clerk Council Meeting Minutes, Study Session: 11-21-2023 - DRAFT Page 3 of 3 Approved by Council: MINUTES City of Spokane Valley City Council Study Session Tuesday, December 5, 2023 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in the Great Room at CenterPlace, 2426 N Discovery Place, Spokane Valley, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Rod Higgins, Deputy Mayor Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember John Bottelli, Parks & Rec Director Brandi Peetz, Councilmember Mike Basinger, Economic Dev. Director Laura Padden, Councilmember Chelsie Taylor, Finance Director Ben Wick, Councilmember Gloria Mantz, City Services Administrator Arne Woodard, Councilmember Virginia Clough, Legislative Policy Coordinator Kelly Konkright, City Attorney Bill Helbig, Community & PW Director Jill Smith, Communications Manager Greg Bingaman, Communications Specialist Glenn Ritter, Senior Engineer Tony Beattie, Senior Deputy City Attorney Adam Jackson, Engineering Manager Eric Robison, Housing & Homeless Coordinator Erica Amsden, CIP Engineering Manager Rob Lochmiller, CIP Engineering Manager Dave Ellis, Police Chief Chad Knodel, IT Manager David Ellis, Police Chief Marci Patterson, City Clerk ROLL CALL: City Clerk Patterson called roll; all Councilmembers were present. APPROVAL OF AMENDED AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the amended agenda. GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comment. Barb Howard, Spokane Valley (via Zoom): thanked Councilmember Woodard for the 13 years of service representing the Valley. Caleb Altmeyer, Spokane: represents HRC and spoke about the upcoming RFP for human trafficking and will bow out due to religious reasons as they assist those in need and include religious activities and the funds are not authorized for that use. Dan Allison, Spokane Valley: spoke about the need to fund the police department. John Harding, Spokane Valley: spoke about public safety ditto to the previous speakers and would also like the city to review the contract terms for the RFQ. ACTION ITEMS: 1. First Reading Ordinance 23-023-CTA-2023-0003 Jerremy Clark After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to advance Ordinance 23-023 Amending code text amendment 2023-003 to a second reading. Mr. Clark gave a brief synopsis of the purpose of the ordinance and discussion was held regarding what the code reads for cities similar to ours. The Mayor called for the vote. Vote by acclamation: in favor: Mayor Haley, Council Meeting Minutes, Study Session: 12-05-2023 - DRAFT Page 1 of 3 Approved by Council: Deputy Mayor Higgins, Councilmembers Hattenburg, Peetz, Padden and Woodard. Opposed: Councilmember Wick. Motion carried. 2. First Reading: Ordinance 23-024 TBD Tab Fee Erik Lamb After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Higgins and seconded to advance Ordinance 23-024 TBD Tab Fee to a second reading. Mr. Lamb gave a brief synopsis of the purpose of the ordinance and provided a background on the TBD. Mayor Haley invited public comment. Dan Allison, Spokane Valley: stated the tab fee should be a vote of the people. Council discussed the fees at length and what it would look like if they were to take the vote to the citizens. They agreed they were at a point that they need to do something for the pavement management program to be able to continue to keep the roads in overall good condition. The Mayor called for the vote. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Higgins, Councilmembers Hattenburg and Woodard. Opposed: Councilmembers Peetz, Padden and Wick. Motion carried. 3. Motion Consideration: Homeless Action Plan Adoption Gloria Mantz, Eric Robison It was moved by Deputy Mayor Higgins to adopt the Spokane Valley Homeless Action Plan. Ms. Mantz went through a detailed PowerPoint presentation that included an outline of the plan, how the plan was developed, what changes were made to the plan and if approved how those plan changes will be carried out. Mr. Robison also spoke briefly on the guidelines for the RFP for behavioral health or assisting with the prevention of human trafficking. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: None. Motion carried. 4. Motion Consideration: Street & Stormwater Maintenance & Repair Services Contract 2024 Option Year Renewal - Bill Helbig It was moved by Deputy Mayor Higgins to approve the 2024 contract renewal to Poe Asphalt Paving Inc. in an amount not to exceed $1,585,120.00 for street and stormwater maintenance and repair service and authorize the City Manager to finalize and execute the contract. Mr. Helbig provided a brief background on the existing contract and explained the bid process and went through costs pertaining to the contract. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: None. Motion carried. 5. Motion Consideration: Street Sweeping Service Contract 2024 Option Year Renewal Bill Helbig It was moved by Deputy Mayor Higgins to approve the 2024 contract renewal to AAA Sweeping in an amount not to exceed $620,495.00 for street sweeping and authorize the City Manager to finalize and execute the contract. Mr. Helbig provided a brief background the previous action taken by council regarding the contract services. He also explained the costs and terms pertaining to the contract. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: None. Motion carried. Mayor Haley called for a recess at 7:00 p.m.; she reconvened the meeting at 7:10 p.m. NON-ACTION ITEMS: 6. Admin Report: 2024 Fee Resolution Chelsie Taylor Ms. Taylor presented a review of the updated Master Fee Schedule for 2024. She went over the updated park fees and the stormwater utility fees and other various fees withing the schedule. Council discussed the park and aquatic fees. Council provided consensus to return at a later council meeting with a Resolution for adopting the Master Fee Schedule. 7. Admin Report: Spokane Sports funding request, 2024 TPA proceeds Mike Basinger Mr. Basinger introduced Ashley Blake, CEO of Spokane Sports. Ms. Blake presented a PowerPoint presentation that reviewed the services provided in the current agreement, as well as the sports and marketing services that would be provided in the renewed agreement if authorized. The funding request to Council Meeting Minutes, Study Session: 12-05-2023 - DRAFT Page 2 of 3 Approved by Council: renew the agreement is for $400,000 from the Spokane Valley Tourism Promotion Area funding. The th request for funding was presented to the TPA commission on November 16 and the Commissioners unanimously recommended that city council approve the request. Council was very supportive of the efforts from Spokane Sports thus far and pleased to see that they are looking at long range marketing for the area. Council provided consensus to proceed with the process and return with a motion at a later date. 8. Admin Report: Park Maintenance RFP Update John Bottelli, Erik Lamb Mr. Bottelli presented a PowerPoint presentation regarding the breakdown of the RFP process to include Signature Parks, Designated Parks and Linear Parks and Roadways. This will help to cover specific comparisons of services for each park and find the most qualified applicant for each specific area. Council discussed the proposals and funding for each as well as the additional staff needed to assist with the workload. Ultimately, council provided consensus to return at a later date with a motion to proceed with the RFP process . 9. Admin Report: Construction Celebration Bill Helbig, Erica Amsden, Rob Lochmiller Mr. Helbig, Ms. Amsden and Mr. Lochmiller presented an overview of the projects completed for the 2023 constructions season. 12 projects were constructed in 2023, totaling approximately $27.5 million worth of improvements to the city. Council watched a video of the highlights from construction projects throughout all phases of the projects. 10. Advance Agenda Mayor Haley There was nothing added to the Advance Agenda. COUNCIL COMMENTS There were no further Council comments. CITY MANAGER COMMENTS Mr. Hohman expanded on the human trafficking prevention RFP and stated that three providers had been contacted and have an opportunity to submit an RFP for the funding and will be in the next packet that goes out to council. Council questioned if the police had submitted an RFP. Mr. Hohman stated that they had not, but a discussion regarding the funding can be discussed after the RFP presentations. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to extend the council meeting by one hour. Executive Session: It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn into executive session for 60 minutes to discuss potential litigation and potential acquisition of real estate, and that no action will be taken upon return to open session. Council adjourned into executive session at 8:13 p.m. At 9:15p.m. Sr. Deputy City Attorney Beattie stated that Executive Session would be extended an additional 30 minutes. At 9:45p.m. Sr. Deputy City Attorney Beattie stated that Executive Session would be extended an additional 30 minutes. At 10:15p.m. Sr. Deputy City Attorney Beattie stated that Executive Session would be extended an additional 15 minutes. Deputy Mayor Higgins declared Council out of executive session at 10:30 p.m., at which time it was moved by Councilmember Wick, seconded and unanimously agreed to adjourn. ATTEST: ________________________________ Pam Haley, Mayor _____________________________ Marci Patterson, City Clerk Council Meeting Minutes, Study Session: 12-05-2023 - DRAFT Page 3 of 3 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 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 Appointment of Councilmember to STA Board 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 as done at the City Council Meeting on January 9, 2024. Currently, there is a need to add an alternate member to the Spokane Transit Authority (STA) Board. The following Councilmembers are the recommendation for the STA Board Alternates: Councilmember Jessica Yaeger OPTIONS: Move to confirm the Mayoral appointment of Councilmember to the STA Board as alternate. RECOMMENDED ACTION OR MOTION: I move to confirm the Mayoral appointment of Councilmember Yaeger to the STA Board to serve as an alternate. BUDGET/FINANCIAL IMPACTS: COUNCIL CONTACT: Mayor Haley _________________________________________________________________________________ ATTACHMENTS: n/a CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 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: Resolution 24-006 Repealing and Replacing Governance Manual GOVERNING LEGISLATION: Chapter 42.30 RCW; RCW 35A.12.110; City Council Governance Manual PREVIOUS COUNCIL ACTION TAKEN: Resolution 23-014, adopted 12-19-2023. Resolution 23-006, adopted 4-18-2023. Administrative Report on updates to Governance Manual, 12-12-2023. BACKGROUND: City Council has the authority to establish its own rules of procedure, policies, and standards of conduct. Such policies and procedures are identified in City Council’s Governance Manual, which is periodically updated, typically on an annual basis. The Council’s Governance Manual Committee met on 1-19-2024, 1-31-2024, and 3-1-2024. The committee reviewed the current manual and developed proposed additions, deletions, and updates. A table outlining the proposed changes and a red-line version of the draft amended Governance Manual with changes identified are attached. OPTIONS: (1) Waive the rules and adopt Resolution 24-006, or,(2) take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: I move to waive the rules and adopt Resolution 24-006 repealing and replacing the Governance Manual to update multiple sections as outlined in the attached table. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Kelly Konkright, City Attorney ATTACHMENTS: Table outlining proposed changes Draft Resolution 24-006 Amending the Governance Manual Proposed Amended City of Spokane Valley Governance Manual CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 24-006 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING THE CITY OF SPOKANE VALLEY GOVERNANCE MANUAL. WHEREAS, the Council has authority under RCW 35A.12.120 to adopt rules governing its own affairs; and WHEREAS, the rules and procedures adopted by the Council governing its own affairs need to be amended from time to time to reflect changes in the law or practice of the Council; and WHEREAS, the Council Governance Manual contains standards of conduct applicable to individual Councilmembers, but does not identify a mechanism to enforce such conduct standards; and WHEREAS, the Council has determined that the conduct standards identified in the Council Governance Manual will be more effective and better protect the public interest if the manual also identifies mandatory procedures to enforce said rules; NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1: Council last amended the City of Spokane Valley Governance Manual via Resolution 23-014 (hereinafter “Governance Manual”) on December 19, 2023. Section 2. The Council hereby repeals the aforementioned Governance Manual in its entirety, and replaces it with “City of Spokane Valley Governance Manual, Comprehensive Collection of Rules and Procedures,” which contains Appendices to that Manual, all of which are attached hereto and incorporated herein. Section 3. Effective Date. This Resolution shall be in full force and effective upon adoption. Adopted this ____ day of March, 2024 ATTEST: _________________________________ Marci Patterson, City Clerk Pam Haley, Mayor Approved as to Form: ___________________________________ Office of the City Attorney Resolution 24-006 Governance Manual costs / ment TOPIC OVERVIEW - 358 204040538080 AGE 55 P# March 2024 Governance Manual Proposed Updates | Priorities – SPOKANE VALLEY :: , , , , 5 CHAPTER/SECTION Introduction Section A Section C Section C Section E Item Item CITY OF Page of 85 Page of 85 Page 3 of 85 INTRODUCTION As Councilmembers of the City of Spokane Valley, we agree that the Governance Manual (Manual) outlines the rules by which we agree to adhere in order to successfully and efficiently conduct city business. Councilmembers agree to: Demonstrate principles of fairness and equal treatment of all people. Exhibit professionalism, respect for all people, respect for the responsibilities of elected office, and courteous treatment for each other, city staff and the public. Recognize the requirement for confidentiality for certain city business such as legal, personnel, negotiations, real estate transactions and other sensitive matters. Acknowledge that the City Council acts as a body. Councilmembers may disagree with a decision of the majority, but they recognize that decisions of the majority obligate the Council to a course of action. Councilmembers in the minority on an issue shall have the privilege of expressing their individual views while maintaining respect for the decision and authority of the majority to establish policy. Recognize that while disagreement between members can occur, Councilmembers understand the importance of cooperation and collaboration on issues. of Order, a copy of which is maintained in the City Clerk Office. However, in the event of a conflict between the City of Spokane Valley | Governance Manual | Introduction | 2024 DRAFT Page 4 of 85 This Manual is designed to provide guidance for the City Council and is not intended to be an amendment or substitute for any state statutes, city ordinances, court decisions, or other authority. The rules and policies in this Manual do not constitute land use regulations, official controls, public hearing rules or other substantive rules binding upon or to be used or relied upon by members of the public, and do not amend statutory or other regulatory requirements. City of Spokane Valley | Governance Manual | Introduction | 2024 DRAFT Page 5 of 85 EXECUTIVE SUMMARY FOUNDATION The City of Spokane Valley incorporated March 31, 2003, and is a non-charter code city operating under a Council-Manager plan of government as outlined in chapter 35A.13 RCW Optional Municipal Code for Council-Manager plan of government. Under this form of government, there are two branches of government: legislative and administrative. PURPOSE OF CITY GOVERNMENT The general purpose of local government is to promote the social, economic, environmental and cultural well-being of the community, to ensure that resources are used efficiently and effectively, to ensure transparency and accountability in decision-making, and to provide the prudent use and stewardship of local community resources. These statements should be considered the lens through which this Manual is intended and through which the actions of the City Council and staff are viewed. The City recognizes that individual rights are critically important in our society, and the City is committed to not infringe upon those rights whenever possible. Good governance should reflect the will of the citizenry and can only occur as a result of an inherent in the people, and governments derive their just powers from the consent of the governed, Article I, Section 1) OBLIGATIONS The City acknowledges the importance of complying with the Open Public Meetings Act and the serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on 42.30.010 and 42.56.030. RCW 42.30.010 Open Public Meetings Act: commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the business. It is the intent of this chapter that their actions be taken openly and that their not meet as a quorum of four or more in a non-public meeting. Unless as part of a duly noted Council meeting, a quorum of four or more Councilmembers shall not meet as part of a web conference dealing with city business, nor a conference call, serial City of Spokane Valley | Governance Manual | Executive Summary | 2024 DRAFT Page 6 of 85 Act does not prohibit a quorum or more of Councilmembers meeting at social gatherings or events provided city issues are not discussed. If Councilmembers are involved in a violation of the Open Public Meetings Act, and are aware that their actions violate the Act, they may be personally liable. If the violation is not intentional, the City may still be liable Constitution. RCW 42.56.030 Public Records Act: narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the PRIORITIES The c pavement preservation, transportation and infrastructure (including grade separations and park related projects) and, economic development, Housing and Homelessness, Communications, and Infrastructure Improvements. Additional BASIC TENETS -019, which is included in its entirety in Appendix B on page 47 of this Manual. BRANCHES OF CITY GOVERNMENT The Council is the legislative branch of the city government. Council appoints an officer whose title city m city manager shall be responsible to the Council for the proper LEGISLATIVE BRANCH CITY COUNCIL The City Council consists of seven elected officials, each elected to four-year terms. Individual Councilmembers do not have governing power as individuals, but only when meeting as a Council when a quorum (four or more) are present. Council represents the city residents and business owners of the City of Spokane Valley, and is the law-making, policy-making, and budget and spending approval authority of the city government. Council hires, directs, guides and evaluates the performance of the city manager. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the Council (RCW 35A.13.130), or as otherwise agreed to by contract. For functions of the Mayor and Deputy Mayor, see also Chapter 1(A)(3), page 8 of this Manual. Some of the duties, responsibilities, and limitations of each Councilmember: Brings the experience, concerns and knowledge of a typical city resident to city government. Is cognizant of the needs, wants and concerns of city residents and businesses as a whole. City of Spokane Valley | Governance Manual | Executive Summary | 2024 DRAFT Page 7 of 85 Contacts residents and businesses to gather feedback and ideas. The resulting information may be shared with staff or other Councilmembers individually, or with fewer than two simultaneously (but not serially), or with all Councilmembers at a Council meeting. Studies internal and external written and documented information related to the government and administration of the city. Is prohibited from giving city employees directives, or saying anything that could be taken as an attempt to Gives feedback and ideas regarding city government and administration to the city manager. Participates in assigned city and regional committees and all Council meetings. When acting in the capacity of Councilmember outside of Council meetings, communicates that any personal opinion is the opinion of the individual Councilmember and not that of the collective Council, unless pre-authorized to speak, as Council does not want the public to assume that any individual personal opinion represents that of the entire Council. Constitutions. Provided there is no quorum., Councilmembers may work together on City Council-related projects and discuss city business in non-public meetings. No permission is needed, nor is notice required to be given for such gathering. ADMINISTRATIVE BRANCH - CITY MANAGER AND CITY STAFF The city manager is the ccity manager is an at-will position and reports directly to the Council. The city manager is directly administration and management of all city departments, and for the supervision of staff. (See Chapter 3(B), page 39 of this Manual and chapter 35A.13.RCW for a description of the role of the city manager.) Although this summary is provided as an overview of the Governance Manual, reading the entire Manual is strongly encouraged. City of Spokane Valley | Governance Manual | Executive Summary | 2024 DRAFT Page 8 of 85 Page 9 of 85 A. GENERAL 1. Council Meetings - Time and Location Through the end of 2023, regular meetings of the City Council shall be held at CenterPlace Regional Event Center, 2426 N. Discovery Place, Spokane Valley, Washington.The regular meetings of City Council will be held at Spokane Valley City Hall Council Chambers, 10210 E. Sprague Avenue, (www.spokanevalleywa.gov) for at least 72 hours. Regardless of location, regular meetings are held noted, in such case, the meeting held on the next business day after a holiday would also be a regular meeting, as opposed to a special meeting. The Council always has the option of cancelling such meeting. 2. Council Meetings - Open to the Public All meetings of the City Council and of committees thereof shall be open to the public except as provided for in RCW 42.30.110 (Executive Sessions), or RCW 42.30.140 (Open Public Meetings Act). 3. Presiding Officer The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties unless specifically set forth herein. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by majority vote of the remaining members of the Council, shall act as Mayor during the continuance of the absences B. MEETINGS 1. Regular Meetings: Formal Format a. Normally held 2nd and 4th Tuesdays. The city clerk, under the direction of the city manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting, a copy of the agenda and supporting materials shall be prepared for Councilmembers, the city manager, appropriate staff, and the media who have filed a notification request. b. Requests for presentations from outside entities or individuals to be placed on a future agenda will only be permitted if they are considered the official business of the City. Such requests should be submitted to the city clerk at least 10 days prior to the appropriate Council meeting. The city clerk shall consult with the city manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of videos, DVDs, PowerPoints, or other electronic presentations shall be pre-screened and pre- approved by the city manager who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 10 of 85 materials, including the written summary, must be submitted to the city clerkat least 10 days prior to the appropriate Council meeting. Council shall be addressed as d. Order of Business. The business of all regular formal meetings of the Council shall be transacted as follows, provided however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on i. Call to Order by the Presiding Officer. ii. Invocation. iii. Pledge of Allegiance. iv. Roll Call. (See Chapter 1, C5b \[page 19\] for procedure to excuse an absence) v. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time- sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall then consider a motion to approve the amended - is preferable that any motion to amend the agenda be made at the onset of the meeting in place of motion to amend the agenda might need to be made at other times during the meeting. vi. Introduction of Special Guests and Presentations. vii. Councilmember Reports. Council or government-related activities (e.g. synopsis of committee, commission, task force or other board meetings). These verbal reports are to be brief, City work-related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the City on a regional board, committee, task force or commission, whether as a formal or informal member. Individual Councilmember reports shall not exceed 3 minutes in duration. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. viiiexcept given by the Mayor. ix. Proclamation. The Mayor will announce the proclamation, announce who has requested this proclamation and after the Mayor or Councilmember reads the proclamation, invites that person or other appropriate person to the podium. The original proclamation will be handed to that appropriate person by the City clerk or the Mayor, and the individual will be permitted to speak for one or two minutes. x. Public Hearings. (See page 31 for procedural details) xi. Public Comments. (See page 17 Meeting Rules and Procedures) xii. Consent Agenda. Items which may be placed on the Consent Agenda are those which have been previously discussed by the Council; can be reviewed by a Councilmember City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 11 of 85 without further explanation; are so routine, technical or nonsubstantive in nature that passage without discussion is likely; or are otherwise deemed in the best interest of the City. the Consent Prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting, or the matter may be addressed immediately after passage of the remaining items on the Consent Agenda. xiii. Unfinished Business. \[includes matters that were pending when a previous meeting adjourned, or matters specifically postponed to the present meeting\] xiv. New Business. \[Action items are designated as New Business\] Any member of the public who wishes to verbally address the Council on an action item on the current agenda, shall proceed to the podium at the time when comments from the public are invited during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. The Presiding Officer may also invoke a sign-in procedure. If necessary, the Presiding Officer in consultation with the city manager and/or city attorney shall rule on the appropriateness of verbal public comments as the agenda item is reached. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. xv. Administrative Reports (includes the Advance Agenda) or tracking of an administrative issue or topic. xvi. Information Only Items. These items are generally not discussed or reported. xvii. Council Comments. xviii. City Manager Comments. xix. Executive Session. (as required) xx. Adjournment. No Council meeting should be permitted to continue beyond approximately 9 p.m. without the approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. When a motion is made to adjourn into Executive Session for a specified period of time, and if the executive session is the last item on a regular agenda, no additional motion is needed to extend the meeting beyond 9 p.m. since that is implied as part of the motion to adjourn into Executive Session. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular Council meeting, unless the Council by a majority vote of members present determines otherwise. 2. Regular Meetings: Study Session Format a. Normally held 1st, 3rd and 5th Tuesdays. The purpose of the study session format is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. Action items are normally not included on a study session agenda, although there will be times when due to deadlines or other pressing or time sensitive issues, action items must be included. Study sessions shall be in a less formal setting than regular formal meetings. Council may be seated other than at the dais, but shall not discourage public observation. If an item is designated as an action item, public comment will be permitted on that motion/item unless a public hearing on the item was previously held. There shall be one general public comment at study session for the public to comment on items that relate to the operation of the city. The city clerk, under the direction of the city manager, shall arrange a Council study session City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 12 of 85 agenda for the meeting. A copy of the agenda and accompanying background materials shall be prepared for Councilmembers, the city manager, appropriate staff and the press, on or before close of business on a Friday preceding a Tuesday Council meeting. Councilmembers have the option of accessing their Council packet via the ccity clerk shall prepare a hard copy agenda packet for individual Councilmembers. b. Action Items. Although action items may be included on a study session agenda, it is the preference of Council to keep those instances to a minimum. Because a study session is a ssible for Council to take final action during these meetings. As in the formal format meetings, public comment will be allowed on action items. c. Unscheduled Motions. Because study sessions are usually understood by the public and media as referring to meetings at which Council considers and discusses items and does not take final action or vote, it could be misleading to the public as to the purpose of the meeting if a motion is making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media, the practice is discouraged. is to facilitate free flowing discussion without the necessity of each Councilmember being recognized by the Presiding Officer. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all Councilmembers have the opportunity to be heard, and to keep the discussion properly focused. e. Outside Request. Outside requests to be included on a Council agenda will only be permitted if they are considered the official business of the City. Such requests should be submitted to the city clerk at least 10 days prior to the appropriate Council meeting. The city clerk shall consult with the city manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of videos, DVDs, PowerPoints, or other electronic presentations shall be pre-screened and pre-approved by the city manager or designee, who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, shall be submitted to the city clerk at least 10 days prior to the appropriate Council meeting. f. Forms of Address. Councilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. g. Order of Business. The business of all study session meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 13 of 85 i. Call to Order. ii. Roll Call. The city clerk shall conduct a roll call of Councilmembers (See page 19 for procedure to excuse an absence.) iii. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time- sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall then consider a motion to approve the amended - that a motion to amend amend the agenda could be made at other times during the meeting. iv. Proclamation. (as needed) v. Public Comments. (See Section C page 17 for Meeting Rules and Procedures) vi. Action items. (as needed) vii. Non-action items. : During the Council study session, the presenter should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to schedule the topic for a motion or official direction of the Council. viii. Advance Agenda. ix. Information Only Items. These items are generally not discussed or reported. x. Council Comments. The purpose of this item is to allow Councilmembers an opportunity to report on an activity or key issue which either just arose, needs immediate or imminent action, or to simply report on something in connection with their role as a Councilmember, that transpired since the last Council meeting. It is also an opportunity for Councilmembers to bring up topics for clarification or to address other upcoming concerns. Individual Councilmember reports shall not exceed three minutes in length. xi. City Manager Comments: The purpose of this agenda item is to allow the City Manager the opportunity to brief Council on activities or issues which either just arose, needs immediate or imminent action, or to simply inform Council of items that transpired since the last Council meeting, or will occur before the next Council meeting. xii. Executive Session (as needed) xiii. Adjourn. No Council meeting should be permitted to continue beyond approximately 9 p.m. without the approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. 3. Executive Sessions a. Executive sessions shall be held pursuant to the Open Public Meetings Act chapter 42.30 RCW. Council may hold an executive session during a regular or special meeting. Before convening in executive session, the Presiding Officer shall ask for a motion from Council to publicly announce the purpose for adjourning into executive session; when the executive session will be concluded; and the likelihood of Council taking action at the close of the executive session and return to open session. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 14 of 85 Presiding Officer will declare Council out of executive session, and ask for the appropriate motion (i.e. an action motion or a motion to adjourn). ii. To protect the best interests of the city, Councilmembers shall keep confidential all verbal and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers (RCW 42.52) and/or the Public Records Act (RCW 42.56). b. RCW 42.30.110 explains the purpose for holding an executive session, some of which include: i. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price (pending land acquisition). ii. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. \[The only employee subject to this evaluation is the position of city manager.\] However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. \[Note: stating that an executive types of personnel matters are appropriate for discussion in an executive session.\] (review qualifications of a public employee) iii. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public (review qualifications of an elected official). iv. RCW 42.30.110(1)(i). To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. For purp protected by Rules of Professional Conduct (RPC) 1.6 or RCW 5.60.060(2)(a) concerning: (a) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party; (b) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or (c) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. c. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.160 that the public be made aware of the preliminary agendas of meetings in advance of the meeting, but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 15 of 85 on the matter would not be taken at the executive session, it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. \[MRSC Index-General Government-Executive sessions.\] Although amending the agenda is not required in order to adjourn into executive session, it is a good practice for the Mayor to announce at the beginning of the meeting, that Council will be adjourning into an executive session at the end of the regular meeting. d. Attendance at Executive Sessions. Attendance shall only be in person. Except in extreme circumstances, there shall be no virtual attendance at an Executive Session. The city attorney or deputy city attorney shall attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session other than the Council, is determined by the city manager. 4. Special Meetings a. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.170, 35A.12.110). Written notice of the special meeting shall be prepared by the city clerk. The notice shall contain information about the meeting, including date, time, place, and business to be transacted and shall be posted on the c meeting location (RCW 42.30.080). The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting (RCW 35A.12.110). The noticing regarding such decision to hold a special meeting (made by the Mayor or any three Councilmembers), shall be handled by the City Clerkcity manager. b. The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080, that is: (a) As to any member who, at or prior to the time the meeting convenes, files with the city clerk a written waiver of notice; (b) As to any member who was actually present at the meeting at the time it convenes; and (c) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. c. Agendas shall be drafted in a form submitted by the city clerk, approved by the city manager, and distributed in a manner similar to agendas for formal and study session meetings. The processes and rules for agenda content apply to regular formal, study session format, as well as special meetings. d. Special meeting agendas may include action and non-action items. It is the practice of Council to on the agenda. Once the Special Meeting Agenda has been published and distributed, the agenda may be amended provided the amended agenda is distributed to Councilmembers and to the media, and posted on the c special meeting. Final disposition shall not be taken on any other matter at such meeting, which means that the governing body may address other matters not identified in the special meeting 0.080(3)) Council may not pass a franchise ordinance at a special meeting \[RCW 35A.47.040\]. e. There have been questions about whether it is necessary to call a special meeting in situations where Councilmembers are invited to attend a public meeting not called by the City as an official Council meeting, and whether it is legal for a quorum of Councilmembers to be present without City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 16 of 85 violating the Open Meeting Act. According to the Washington State Attorney General Opinion 2006, City or County Council does not, of itself, cause the Open Public Meetings Act to apply if Councilmembers attend a public meeting called by a third party. The gathering of C C business of the Counci f. There are times when several Councilmembers desire to attend a meeting of a city department, such as a meeting scheduled by the city engineers to discuss a construction project, or a meeting scheduled through the Finance Department to hear a report from the state auditors, or a meeting scheduled by the Parks and Recreation Department to discuss parks or other city business. Because these meetings can at times present questionable concern when it comes to the Open Public Meeting Act, Councilmembers who desire to attend such meetings shall notify the city staff at least two working days prior to the meeting, of their intent to attend, and only the first three Councilmembers who indicate they will be attending any particular meeting, may attend. This is necessary in order not to violate or perceive to violate the Open Public Meetings Act. majority of the members of a governing body to travel together or gather for purposes other than a regular or special meeting provided that they take no Research News Summer, 2016\] A quorum of Councilmembers traveling together for a scheduled tour would not be in violation of the Open Public Meetings Act provided they do not discuss city business. However, comments and discussion as a result of the tour, shall be done at a regular Council meeting and not during the tour or outside of a regular or special Council meeting. 5. Emergency Meetings Emergency Council meetings may be called by the Mayor or any two Councilmembers, consistent with the provisions of chapter 42.30 RCW. Meeting time, location and notice requirements do not apply to emergency meetings called for emergency matters as permitted by RCW 42.30.070, 42.30.080, and 42.14.075: action by a governing body to meet the emergency, the presiding officer of the governing body may provide for a meeting site other than the regular meeting site and the notice requirement called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make imprudent, inexpedient or impossible to conduct the affairs of a political subdivision at a regular or usual place or places, the governing body of the political subdivision may meet at any place within or without the territorial limits of the political subdivision on the call of the presiding official or any two members of the governing body. After any emergency relocation, the affairs of political subdivisions shall be lawfully conducted at such emergency temporary location or locations for the duration of the emerg City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 17 of 85 6. Pre-Agenda/Advance Agenda Meetings The city manager, city clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to review the Council agenda of the upcoming meeting, which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impending meeting. This meeting also serves as an opportune time to discuss the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. (see also Agenda Committee under Chapter 4 internal committees) 7. Cancellation of Meetings State law does not require any specific procedure for canceling an upcoming meeting, however, notice of the cancellation to the public, Councilmembers, and staff should be given by the clerk in a similar manner that notice is given for a special meeting. The decision to cancel a meeting will be made by the city manager in consultation with the Mayor and/or Agenda Committee and time permitting, will be noted on the Advance Agenda. The noticing of such decision will be handled by the city clerk through the city manager. Upon cancellation of a formal meeting, either the study session immediately before such meeting or the study session immediately after such meeting, shall include an opportunity for general public comment. C. MEETING RULES AND PROCEDURES 1. Public Comments This is an opportunity for public comments regarding issues relating to the operation of the City, but which are not otherwise on the agenda for action. If the Presiding Officer is unclear whether comments relate to the operation of the City, the Presiding Officer shall ask how the comments are pertinent for consideration by the Council as business of the City. Speakers may sign in to speak, but it is not required. Under the general public comment opportunity, each speaker may only make comments once and comments are limited to three minutes unless modified by the Presiding Officer. Members of the public shall be prohibited from allocating any of their own speaking time to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum on issues relating to city business, and not an opportunity for extended comments or dialogue. Although the City Council desires to allow the opportunity for public comment, the business of the city must proceed in an orderly, timely manner. Council meetings are he time, place and manner of speech can be regulated. At any time the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption or undue delay of other necessary business. The desired total time for public comments shall not exceed 45 minutes; however, that time limit city to have discussion about any past, current, or future possible/probable election or campaign-related issues during Council meetings. The only exception to this prohibition on discussion of election or campaign-related topics would be if the Council requests that Spokane County place a ballot item on for election. (See Chapter 2, F Ballot Measures.) a. Verbal Comments: i. Comments shall only be made from the podium microphone, first giving name, city of residence ption to this prohibition shall be allowed when public comment is only permitted via remote access due to emergency. The public shall be reminded that this is not an opportunity for dialogue or questions and answers, City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 18 of 85 but public comment. When appropriate, staff shall research issues and report back to those making the comment as well as to Council. Public comments are opportunities for speakers to briefly address the entire Council, and those speaking are to address members of Council and not the audience. Speakers should refrain from personal attacks on individual Councilmembers. In order to prevent disruption of the Council meeting, members of the public are asked to refrain from distributing materials to the audience, since Council meetings are not a public forum to address the audience. Since this is an opportunity for public comment relating to city business, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the city, graphs, charts, posterboards, PowerPoint presentations, or other display materials are not permitted to be displayed or distributed at the place of the meeting, although written comments and written materials including photographs and petitions may be submitted to Council via the city clerk. ii. Demonstration, applause, or other audience participation before, during or at the conclusion of anyone's public comments is prohibited because it is disruptive. Any disruptive conduct, as determined by the Presiding Officer, shall be cause for removal from the meeting room. Any ruling by the Presiding Officer relative to these subsections on public comments may be overruled by a vote of a majority of Councilmembers present. iii. Council shall not permit public comments if they relate to any matter upon which a quasi- judicial hearing has been required, scheduled, or held. (See page 26 for procedure for taking public comment on legislative matters.) iv. Disruptive public conduct: the City will not be allowed. If a situation arises where a speaker exceeds the three minutes (unless permitted to continue by the Presiding Officer), is speaking on matters other than city business, or is otherwise disruptive in a manner that interferes with the ability of the Council to conduct the business of the city, the city clerk, with permission of the Mayor, will turn off the microphone, and the Mayor will ask the speaker to please stop talking and step away from the podium. In the case of remote meetings, the speaker will be muted. b. If the speaker continues after the first request, the Mayor will ask the speaker once again to stop talking and will warn the speaker that failure to stop will result in a suspension of their privilege to speak at public comment for 90 days. If the speaker continues, the Mayor will gavel in a five-minute recess. c. Upon return from recess, public comment will start again with a caution from the Mayor that if any other speaker refuses to stop talking after being asked to do so after the three minutes or is otherwise disruptive, the remainder of the public comment for the night will be terminated. d. If necessary in the discretion of the Presiding Officer, and in an attempt to reasonably calm a situation or resolve a conflict, the city attorney or deputy city attorney shall act as a staff liaison with a member of the public who refuses to stop talking and refuses to move away from the podium. b. Written Comments: Citizens have the option of submitting written views, opinions, comments, data, and arguments to Council on any topic and at any time, not just prior to or during public Council meetings. Unless the Mayor asks the clerk to read written mailed or emailed comments, or the citizen reads their own City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 19 of 85 prepared written comments, such comments shall not be read aloud during regular or special Council meetings although they shall be included as part of the public record on the topic and if appropriate, may be publicly acknowledged. Any written comments submitted to Council via the city clerk city desk; or in the case of emailed or other electronic comments, shall be forwarded to Council via email, unless such email has already been supplied to members of Council. If individual Councilmembers receive written (including electronic) public comments or materials for the purpose of reading/sharing those materials during Council meetings, those materials should be submitted to the city clerk prior to the Council meeting so the clerk can make copies for later distribution to members of Council. c. Electronic Comments: Councilmembers shall avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns to the entire Council at once. (See also page 21, C9 Internet Use) 2. Council Rules of Order The city clerk shall serve as the official parliamentarian for all Council meetings, and shall keep a meetings. 3. Quorum At all regular and special meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time to time, provided that written notice of said adjournment is posted on the exterior doors of the place where the meeting is held pursuant to RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170, 35A.12.120) 4. Seating Arrangement Councilmembers shall occupy the respective seat in the meeting place assigned to them by the Mayor. 5. Attendance be taken lightly, nor should a decision to remove a Councilmember for missing meetings. Pursuant councilmember fails to attend possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Councilmember must request a leave of absence if they desire to remain on the Council. At a third consecutive meeting where a Councilmember is not excused and there has been ive immediately. b. Excused Absences: Members of Council may be excused from meetings with prior notification to the Mayor, City clerk, or City Manager prior to the meeting, and by stating the reason for the inability to attend. Acceptable absences may include death of a family member, family or personal illness, inclement weather, accident, scheduled vacations, family or personal emergency, city-related City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 20 of 85 business, or unusual or unforeseen circumstances. Following or prior to roll call, the Presiding the member. The motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the city clerk shall make an appropriate notation in the minutes. c. Leave of Absence: A Councilmember whose serious health or physical condition would prevent them from performing the duties of Councilmember may ask to be placed on a leave of absence under the following conditions: i. Such serious health or physical condition must be certified in writing by a medical physician. ii. The request for a leave of absence shall be in writing, and hand-delivered or mailed to the Mayor, city clerk, or city manager at least one week prior to the date when such leave would commence. iii. The request for a leave of absence must state the anticipated date the Councilmember will resume their duties. iv. By majority vote of the whole Council, a leave of absence shall be granted as follows: a. The absence shall not exceed 90 days from the date the motion is passed by Council. b. The absent Councilmember shall retain pay and medical benefits during the leave of absence. c. At the end of the 90-day leave of absence, the absent Councilmember shall either: i.Return to normal Council duties commencing with the first Tuesday following the end of the 90-day leave; or ii.Be subject to RCW 35A.12.060 concerning three consecutive absences, beginning with the first Tuesday following the end of the 90-day leave. d. A leave of absence -year term, with no less than six months between each request. Upon approval of a leave of absence, the absent Councilmember shall not be replaced with a pro-tem Councilmember during the absence. 6. Respect and Decorum It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices, city staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum Councilmembers shall not interrupt or argue with any other member or staff, except in order to make a Point of Order. Councilmembers shall be courteous in their language and deportment, and shall not engage in contemptuous or disorderly behavior. Councilmembers shall not discuss or comment on personalities, make derogatory or accusatory remarks or insinuations with respect to the Presiding Officer, other Councilmembers, staff, or the public. Councilmembers shall, at all times, confine their remarks to those facts that are relevant, as determined by the Presiding Officer, to the question or matter under discussion. Councilmembers shall treat all staff as professionals. Clear, honest communication that respects the abilities, experience, qualifications, and dignity of each individual is expected Councilmembers and the public shall comply with the directives of the Presiding Officer. Any Councilmember making disruptive, disparaging or impertinent remarks, or unreasonably disturbing the business of the Council shall be asked to cease such disruption. Any other person attending a Council meeting who disrupts the meeting in such a fashion that the Council is impaired in its ability City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 21 of 85 to attend to the business of the City, may be asked to leave, or be removed from the meeting. At any time during any Council meeting, any Councilmember may object to personal affront or other Point of O. After the Councilmember is recognized by the Presiding Officer and the Councilmember explains their point concerning respect and decorum, or lack thereof, the Presiding Officer shall rule on the remark. If the person making the remark is a Councilmember, the Presiding Officer may ask the Councilmember to cease. If the person making the remark is a member of the public, the Presiding Officer shall determine if the remark is actually disruptive, and whether the remark has impaired the ability of the Council to attend to the business of the city. If so, the Presiding Officer shall seek the removal of that person from the meeting. Continued disruptions may result in a recess or adjournment as set forth in #10 below. Councilmembers shall not leave a meeting without being excused by the Presiding Officer, nor shall they encourage or participate in disruptive behavior originating from the public seating areas. 7. Dissents and Protests Any Councilmember shall have the right to express dissent from or protest verbally or in writing, against any motion, ordinance or resolution of the Council and have the reason therefore entered in the minutes. 8. Remote Participation a. Remote Council Meetings: In the event of unusual circumstances such as a pandemic or other health or safety emergency where Council meetings would need to be held in such a manner as to protect the health, safety and welfare of Council, staff and citizens, participation in such meetings shall be done remotely provided an option is available for the public to attend through internet or other electronic means. Council, staff and the public must be able to see and hear the meeting proceedings. At least a quorum of Councilmembers must be able to participate. b. Remote Broadcast: All City Council meetings shall be broadcast live using an online remote meeting platform, such as Zoom, Microsoft Teams, or another similar platform, to allow citizens to attend the meetings remotely. Public comment will be accepted from remote attendees at the appropriate portion(s) of the meeting as defined per the agenda. c. Councilmembers may appear at a Council meeting by remote connection: Any Councilmember intending to attend a meeting remotely should notify the Mayor and city clerk in advance of the meeting, such request shall be for reasons where the Councilmember cannot physically attend the for the duration of the remote meeting. If a technical problem prevents such participation where the remote Councilmember cannot hear or be heard, the Councilmember shall be counted as an excused absence and the technical difficulty shall be stated for the record. During any meeting that a Councilmember is attending remotely, the Mayor or Presiding Officer shall so state for the record at the beginning of such meeting. In instances where the Mayor is remotely attending a meeting, the Mayor may still function as the Presiding Officer. More than one member of Council may attend a meeting remotely, provided all together in person and remotely, there is a quorum of Councilmembers attending. 9. Internet Use a. Use of the c provided to assist in the performance of their roles as Councilmembers, and as such, City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 22 of 85 Councilmembers are obligated to use, conserve and protect electronic information and information technology resources and to preserve and enhance the integrity of those resources which belong to the citizens of Spokane Valley. b. As noted on page 21, Councilmembers shall avoid accessing any electronic message during Council meetings whether by email, text or other means. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns. Likewise, Councilmembers shall avoid browsing the Internet during Council c. Information technology resources are provided for the purpose of conducting official city business. The use of any of the c is prohibited unless it has been determined by the city attorney, Washington state attorney general, or Washington Public Disclosure Commission, that such use is not a violation of RCW 42.17A.555 or is otherwise authorized by law. d. Confidential material shall not be sent via email or text. e. All letters, memoranda and interactive computer communication (email, text, tweet, etc.) involving Councilmembers, the subject of which relates to the conduct of government or the performance of any governmental function, with specific exceptions stated in the Public Records Act (RCW 42.56) are public records. Copies of such letters, memoranda and interactive computer communication shall not be provided to the public or news media without the member of the public or news media filing a public record request with the city clerk. With this in mind, texting and tweeting concerning city business is strongly discouraged. f. Email communications that are intended to be distributed among all Councilmembers, whether concurrently or serially, shall be considered in light of the Open Public Meetings Act. If the intended purpose of an email is to have a discussion that should be held at an open meeting, the electronic discussion should not occur, and Council discussion should wait until everyone has had ample opportunity to view the message before including such topic(s) on an upcoming agenda. 10. Adjournment Due to Emergency or Disruption In the event of an emergency such as a fire or other natural or catastrophic disaster, threatened violence, or inability to regain or retain good order, the Presiding Officer shall forthwith declare a recess, adjourn or continue the meeting, and the City Council as well as everyone in the room shall immediately leave the meeting room and if necessary, leave the building. The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 11. Permission Required to Address the Council Persons other than Councilmembers and staff shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or city manager. 12. Approaching the Dais by Members of the Public Once a Council meeting has been called to order, members of the public are prohibited from stepping between the speaker's podium and the dais, or stepping behind any part of the dais or stepping behind those sections adjacent to the dais. If citizens wish Council to receive materials, those materials should be handed to the city clerk prior to the meeting or during the public comment City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 23 of 85 section of the agenda, and the clerk will distribute the materials to members of Council. Council reserves the right to invite anyone forward to the podium to be addressed by Council. 13. Out of Order Requests Occasionally a member of the public may wish to speak on an agenda item but cannot remain until request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on whether to allow the out of order request. Alternatively, the member of the public could also discuss their request with the Mayor prior to or after the meeting. 14. Photographs, Motion Pictures or Videos Requiring Artificial Illumination Prior Permission Required No overhead projection, photographs, motion pictures or videos shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the city manager. 15. Placing Items on a Future Agenda a. New Item Council Business: During the Advance Agenda portion of a council agenda, a Councilmember may request to have items placed on a future agenda. Each request shall be treated separately. The city m item can be prepared and brought forward to Council, unless the Council wants to discuss the item m for a future Council meeting: i. A Councilmember may propose an item and give a brief explanation of the issue and its importance to the City. ii. Councilmembers may ask clarifying questions. iii. By a show of hands, a consensus of four or more Councilmembers may move the item forward to a future agenda. b. Except for routine items such as those found on most Consent Agendas, requests for items to come before Council shall be routed through the city manager or come directly from the city manager as part of the normal course of business. 16. Motions and Discussion a. Order of Procedure: I move . staff makes their presentation, then the Mayor will ask Council if there are any questions of staff. Once all questions have been addressed, the staff member shall step away from the podium to allow for any public comment. ii. The Mayor will invite public comments. Public comments should be limited to one comment per person per topic and limited to three minutes. The Mayor can remind the public this is time for comments and not discussion; and if the public has questions, those questions shall be addressed by staff at another time outside the meeting. iii. The Mayor will open the floor to Council for discussion. The maker of the motion normally begins the discussion. The discussion must have bearing on whether the pending motion should be adopted (RONR §43); and can be prefaced by a few words of explanation, but must not become a speech (RONR §4). All Council remarks should be addressed through the Mayor. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 24 of 85 iv. When discussion has ended, the Mayor will re-state the motion or ask the clerk to restate the motion. Once the motion is re-stated, the Mayor will call for the vote, which is normally taken by voice. The Mayor or the clerk will then state whether the motion passed or failed. b. In General: i. Except in rare circumstances, Council motions shall be in the form of an affirmative motion. Affirmative motions are negative motion. ii. Unless otherwise stated by the Presiding Officer, agenda items requiring Council action shall begin with a motion by a Councilmember prior to discussion. If a motion fails, the agenda item shall be considered concluded. However, said item could be reconsidered if done during the same meeting, or through Council majority vote it could be brought back at (Mayoral appointments excepted. See Chapter 4, page 41 for further discussion on Committees.) iii. Councilmembers should direct questions to the city manager or the designated presenter. iv. Main motions are made when no other motion is pending (see chart below). They are there is no second but discussion ensues, the matter of having a second to proceed is moot and the motion can proceed. However, if there is no second and no discussion, the motion does not progress. v. The maker of a motion can withdraw their motion with the approval of the majority of Councilmembers (see notes below table below). The person making the motion is entitled to speak first to the motion. A maker of the motion may vote against the motion but cannot speak against their own motion. vi. No Councilmember should be permitted to speak twice to the same issue until all Councilmembers wishing to speak have spoken. All remarks shall be directed to the Presiding Officer and shall be courteous in language and deportment ( Order Newly Revised, Article VII, Section 43, Decorum in Debate), keeping in mind it is not the Councilmember, but the measure that is the subject of debate. vii. When an amended motion is on the floor, the vote is taken on whether to adopt the amendment. If adopted, the next vote is on the fully amended motion. viii. Motions should be reserved for items marked on the agenda for action, so as to avoid any surprises for Council, staff and the public. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 25 of 85 Parliamentary Procedure at a Glance Roberts If you want to:You say:May NeedsaCan be Can be Vote Rules #interrupt?second?debated?amended? Postpone I move to postpone indefinitely (the an affirmative 11purpose is to NoYesYes NoMajority vote can be reconsidered; a prevent action or negative vote cannot) kill an issue) Modify wording of I move to amend the motion 12NoYesYesYesMajority a motion Ex. I move to postpone the Postpone to a 14motion to the next Council NoYesYesYesMajority certain time meeting I move the previous question, 16Close debateNoYesNoNoMajority or I call for the question I move to lay on the table, the 17Table a motionNoYesNoNoMajority Complain about Chair 19noise, room Point of PrivilegeYesYesYesYes decision temperature, etc. 20Take a breakNoYesNoYesMajority 21Adjourn meetingI move to adjournNoYesNoNoMajority Object to Chair 23procedure or Point of OrderYesNoNoNo decision personal affront I move to suspend the rules 25Suspend rulesNoYesNoNoMajority Take matter from I move to take from the table 34NoYesNoNoMajority the table Reconsider I move we reconsideraction 35something already NoYesYesYesMajority disposed of It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote. If the intended purpose is to postpone, then the motion to postpone should be used. If more information is needed or desired in order to make the most informed vote possible, then an option would be for the maker of the motion to simply withdraw the motion. The consent of the seconder is not needed to withdraw a motion, however, withdrawal of a motion should be done with the approval of a majority of Councilmembers present \[Mayor, I request permission to withdraw my motion. The Mayor asks if there is any objection, and if none, the motion is withdrawn. If there is objection, the Mayor will call for a vote.\] While a motion is still on the table, no other motion on the same subject is in order. The motion to table enables the assembly to lay the pending question aside is out of order if the evident intent is to kill or avoid dealing with a measure. th Newly Revised, 10 Edition) * states 2/3 vote required. Council direction is to base vote on majority except on matters where 2/3 (or majority plus one) is required by state statute. ** If the main motion to amend can be amended. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 26 of 85 ***Call for the Question: If it is felt that debate on a motion on the floor has continued longer than for vote, then the vote must be taken on the original debated motion on the floor. 17. Voting The votes during all meetings of the Council shall be transacted as follows: a. The Presiding Officer shall first call for a vote from those in favor of the motion, followed by a call for those opposed to the motion, and afterwards shall state whether the motion passed or failed. Unless otherwise provided by statute, ordinance or resolution, all votes shall be taken by voice or a show of hands. At the request of any Councilmember or the city clerk, a roll call vote shall be taken by the city clerk. The order of the roll call vote shall be determined by the city clerk. b. Unless otherwise provided by statute, ordinance or resolution, in case of a tie vote on a motion, the motion shall be considered lost. c. Every member who was present when the question was called, shall give his/her vote. If any the Councilmember has recused themself due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand. Abstentions are not permitted as abstentions are equivalent to not voting, and the members of the public expect their elected officials to vote on issues. d. The passage of any ordinance, grant or revocation of franchise or license, and any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the city manager shall require the affirmative vote of at least a majority of the whole membership of the require an affirmative vote of at least a majority of the quorum present. e. Majority Plus One: The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190). 18. Recusal From Discussion and Consideration a. Situations may arise when a Councilmember should consider whether to recuse themselves from the consideration and decision-making on a particular item. These situations can arise in various ways, including having an interest in a contract being considered by the City, or when a Councilmember has a bias in some fashion regarding an issue before the Council. For additional discussion and explanation, please see Appendix C of Ethics. The overarching goal of the conflict of interest laws is to prevent municipal officers from engaging in self-dealing. Seattle v. State, 100 Wn.2d 232, 246 (1983). \[Self-dealing is defined as a situation in which a fiduciary acts in his own best interest in a transaction rather than in the best interest of his clients. A fiduciary is legally obligated to act in the best interest of his clients. A fiduciary is a person to whom property or power is entrusted for the benefit of another.\] City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 27 of 85 b. Prohibited acts. There are some conflicts which cannot be waived, and some actions in which Councilmembers shall not engage. RCW 42.23.070 prohibits municipal officers from: i or gratuity from a source except the employing municipality, for a matter connected with or reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of hi c. Conflict of interest contracts. In contractual matters, Councilmembers are required to avoid directly benefitting from contracts entered into by the city. When a Councilmember is aware that they may benefit from such a contractual relationship, they are required to recuse themselves. Other situations may arise where a Councilmember may indirectly benefit. In these circumstances, the determination of whether a conflict of interest exists such that they should recuse themselves will have to be made by that Councilmember based on facts and circumstances known at the time. d. Bias for or against a proposed action. There will be situations for each Councilmember where, based upon their current or prior work or personal relationships, that Councilmember may not be objective. In such an event, the Councilmember must give due consideration to their potential to be predisposed, and whether they believe they can objectively consider and decide on the issue. If the answer is yes, then the Councilmember may proceed. If this self-analysis is difficult as to whether the Councilmember can be objective, but the determination is that they can, the Councilmember should strongly consider disclosing the nature of the potential bias to the Council, and then announce whether they believe they can or cannot proceed. If the Councilmember does not believe they can be reasonably objective, they should recuse themselves from the discussion and consideration. The purpose for recusal under such circumstances is that the Council wants the public to have the utmost confidence that decisions are made objectively, and that all citizens and businesses will be treated equally and fairly. e. Process and Disclosure. When a Councilmember determines recusal is appropriate, or when it is required by law, the Councilmember shall announce that they need to recuse themselves, explain the factual circumstances, then step off the dais and out of the meeting place. A staff member will retrieve the Councilmember once that issue is finished being discussed. The determination of whether to recuse oneself from an issue, and then formally recusing, shall occur before any discussion has taken place on that issue to ensure that Councilmember does not participate in the matter in any fashion. f. The following is an example of appropriate language where recusal is warranted: Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I have known the owners of * business for * years, am friends with them, and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. OR City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 28 of 85 Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I own a business that competes directly with the business at issue and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. g. The following is an example of appropriate language where the Councilmember determines that he/she does not need to recuse themselves from the matter: Following careful analysis and consideration, I think it is appropriate for me to participate in the discussion and decision on this matter. Although I am somewhat familiar with this matter from my prior association with *, I believe I can be objective and unbiased. As such, I will not recuse myself, and will participate with the rest of the Council in the discussion and decision. 19. Ordinances a. Except for unusual circumstances or emergencies, ordinances and resolutions shall customarily be prepared, introduced and proceed in normal fashion with an administrative report, then first and ordinances or resolutions, such documents shall be designated as drafts. b. A Councilmember may, in open session, request the city manager bring forth an ordinance for a specific purpose. c. Ordinances shall normally have two separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the city clerk prior to its passage. However, if a Councilmember requests that the entire ordinance or certain sections be read, such request shall be granted. Printed copies shall be available upon request to any person attending a Council meeting. d. The provision requiring two separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. This would require a successful motion to suspend the rules and pass the ordinance on a first reading. e. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost, unless a subsequent motion directs its revision and resubmission to a first reading. f. Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts, incidents, transactions or decisions occurring before such repeal. g. Council may not pass a franchise ordinance at a special meeting \[RCW 35A.47.040\]. h The passage of any ordinance, grant or revocation of franchise or license shall require the affirmative vote of at least a majority of the whole membership of the Council. \[RCW 35A.13.170\] i. The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190). City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 29 of 85 j. Occasionally, an ordinance will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on a budget, amended budget, proposed tax, or moratorium, and an ordinance approving that item. When that occurs, after the public hearing has been closed and Council moves to the ordinance action item, public comment shall not be taken on the ordinance since it was just taken as part of the public hearing process. Public comment will also not be taken nd reading at a subsequent Council meeting. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission; so that when the resulting ordinance comes before Council, public comment will not be taken on either the first or the second reading. 20. Resolutions a. A resolution may be approved on the same day it is introduced. While it is not necessary to have the title of a resolution read aloud, Council may ask the city clerk to read the resolution title in order to facilitate public understanding and/or comment. A Councilmember may request that the entire resolution or certain sections be read, and such request shall be granted and the city clerk shall read as requested. Printed copies shall be made available upon request to any person attending a Council meeting. b. The passage of any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the city manager shall require the affirmative vote of at least a majority of the whole membership of the Council. c. Occasionally, a resolution will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on an amended Transportation Improvement Program, and a Resolution approving that amendment. When that occurs, after the public hearing has been closed and Council moves to the resolution action item, public comment shall not be taken on the resolution since it was just taken as part of the public hearing process. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission, which would result in a resolution for Council consideration. 21. Community Recognition Program a. In an effort to acknowledge outstanding citizens, businesses and organizations who have made a significant contribution, or have had or continue to have, a positive impact on the citizens of our community, the Council has implemented a Community Recognition Program. b. Eligibility: Must be a citizen/resident or an owner/operator of a business within Spokane Valley City limits. City of Spokane Valley elected officials, staff members and their relatives are not eligible for nomination, however, they may submit nominations. There is no limit to the number of nominations one may submit. c. Selection: will be made by the Mayor with confirmation by the Council. If selected, recognition will take place at a City Council meeting and depending upon the nature of the nomination, the honoree will be presented with a proclamation, certificate of appreciation, and/or a key to the city. d. Process: Nominations shall be submitted on a Community Recognition Form, addressed to the city clerk, and may be made at any time. e. Selection of these recipient(s) will typically be held during a formal format Council meeting, under the Agenda Item of Introduction of Special Guests and Presentations. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 30 of 85 22. Proclamations a. Ceremonial proclamations not associated with the Community Recognition Program. i. These proclamations are not statements of policy but are a means by which the City can recognize an event, group or individual. As part of the ceremonial duties of the Mayor, the Mayor is charged with approval of proclamations at his/her discretion; and reserves the right to decline any proclamation request as well as the right to make exceptions to these guidelines and procedures. Individual Councilmembers will not issue proclamations, and requests for a proclamation should be directed to the Mayor or the city clerk. ii. Proclamations will be considered for approval which will proclaim certain events or causes when such proclamation positively impacts the community and conveys an affirmative message to Spokane Valley residents. Proclamations will not be considered which are potentially controversial, political or religious in nature, unless approved by the majority of Councilmembers. iii. Proclamations can be issued at the discretion of the Mayor, and may be for organizations, b. Procedure for proclamations to be read at a Council Meeting: i. The person making the request need not be a Spokane Valley resident. ii. Requests should be made at least four weeks in advance of the scheduled Council meeting. iii. The person asking for the proclamation should agree to be in attendance or have someone attend in their stead. iv. The city clerk will inform the requestor whether the proclamation request is approved. v. The person making the request shall draft the proclamation and send it to the city clerk once approval is given. vi. The city retains the right to modify and/or edit the proposed proclamation as it sees fit generally held the 2nd and 4th Tuesdays; however, proclamations may be read at Study Sessions due to scheduling conflicts. c. For those instances where proclamations are requested for events other than to be read at an open Council meeting, the same procedure as above shall be followed, but instead of having someone at a Council meeting to officially receive the proclamation, the city clerk will mail the proclamation to the requestor, or it can be hand-carried by the Councilmember attending the event to read the proclamation. d. Reading of these proclamations will typically take place at a formal format Council meeting, 23. Taxes: Increasing or Imposing New Taxes The Council strongly believes in fiscal restraint, and that increasing the tax burden on its property owners and citizens by increasing or imposing new taxes should be avoided except as a last resort. In addition to complying with all applicable statutory requirements, increasing or imposing new taxes should only be done as follows: City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 31 of 85 a. As requested by the City Council, the City Manager in consultation with the finance director, shall notify the city ccity attorney to prepare a draft ordinance. b. Within 14 days following notice to the city clerk, the city clerk shall publish a notice of public hearing once a week for two consecutive weeks in the official newspaper of the City, stating: i. The date, time . ii. The purpose of the hearing: that a tax increase or new tax has been proposed. iii. That a copy of the proposed draft ordinance shall be furnished to any City taxpayer who requests it; and iv. That any city taxpayer may appear and provide verbal or written comment for or against the proposed draft ordinance. c. Preceding such public hearing, staff will provide an administrative report to Council describing the financial deficit and need for the increased or new tax; and if Council concurs and after the public hearing, the proposed draft ordinance shall proceed as follows: i. Proceed with a first reading of the proposed draft ordinance. (same or different meeting as the public hearing) ii. Second reading of the proposed draft ordinance at a subsequent meeting. d. Approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the whole Council. 24. Hearings \[note: See Appendix A, page 66 for quasi-judicial hearings\] a. Purpose i. Held to obtain public input on legislative decisions on matters of policy. ii. Are required by state law in such matters as comprehensive plan use plans, or annual budget. iii. Do not involve legal rights of specific private parties in a contested setting. iv. Affect a wide range of citizens or perhaps the entire jurisdiction. v. Decisions reached as a result of these hearings are not second-guessed by the courts, and if challenged, are reviewed only to determine if they are constitutional or violate state law. b. Process i. State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they desire. Individual comments shall be limited to a specific amount of time as determined by the Presiding Officer, and the public the conduct of the hearing may be stated by the Presiding Officer at the beginning of the hearing: the Mayor and Council, and any individual making comments shall first give their name and city of residence. Speakers may be asked to spell their last name because an official recorded transcript of the public hearing is being made. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 32 of 85 c. Unless otherwise determined by the Presiding Officer, all public comments shall be limited to three minutes per speaker and members of the public are not permitted to give any of their own speaking time to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum, and not an opportunity for extended comments or dialogue. d. At the discretion of the Presiding Officer, members of the public shall only speak once per issue. e There shall be no demonstrations, applause or other audience participation, before, during away from the speakers. f. Unless read and/or handed in by the individual speaker during the public hearing, previously received written public comments shall be read by the city clerk at the pleasure of the Mayor. In the interest of time, the Mayor may limit the reading of such comments to the clerk reading who the letter or written material is from, and if easily discernible, whether that person is for or against the issue at hand. All written comments become an official part of the record. g. These rules are intended to promote an orderly system of holding a public hearing, to give people an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. ii. The Presiding Officer declares that the public hearing on the topic at hand is open, notes the time for such opening, and asks staff to make their presentation. iii. After staff presentations, the Presiding Officer calls for public comments. iv. The Presiding Officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions, the appropriate individual shall be recalled to the podium. v. The Presiding Officer declares the public hearing closed and notes the time for such closing. 25. Reconsideration a. The purpose of reconsidering a vote is to permit change or correction of an erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. Any action of the Council, including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except: i. any action previously reconsidered; ii. motions to adjourn or motions to suspend the rules; iii. an affirmative vote to lay an item on, or take an item from, the table; iv. previously passed motion to suspend the rules; or v. a vote electing to office one who is present and does not decline. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 33 of 85 b. Such motion for reconsideration: i. Shall be reconsidered during the same Council meeting; ii. Shall be called up when no business is pending (no action is pending); iii. If action is pending, the Mayor asks the clerk to note that the motion to reconsider has been made and shall be taken up when a member calls the motion to reconsider the vote when no other business (action ) is pending; iv. Shall be made by a member who voted on the prevailing side on the original motion. This means a reconsideration can be moved only by one who voted aye if the motion involved was adopted, or no if the motion was lost. It is permissible for a Councilmember who cannot make such a motion, but believes there are valid reasons for one, to try to persuade someone who voted on the prevailing side, to make such a motion. v. A member who makes this motion should state that he or she voted on the prevailing side; vi. Needs a second, and can be seconded by any member; vii. Is debatable if the type of motion it reconsiders is debatable; and viii. Is not amendable and requires a majority vote to adopt. c. Step 1: A member of Council who voted on the prevailing side makes the motion, such as "I move to reconsider the vote on the resolution relating to holidays. I voted for \[or against\] the resolution." This motion needs a second, which can be seconded by any Councilmember. d. Step 2: If the motion for reconsideration is adopted, the original motion is then placed before Council as if that motion had not been voted on previously; and Council again takes that motion under discussion, followed by a new vote. e. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter, may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five days advance notice of such discussion and/or action. 26. Council Materials a. Council Material: Councilmembers and staff should read the agenda material and ask clarifying questions of the city manager or other appropriate staff prior to the Council meeting when possible. A good opportunity to do this is at the Advance Agenda meeting. Council recognizes there are times when Councilmembers may wish to bring additional documentation to a meeting on a specific subject, whether that subject is on the agenda or not, in order to share with Council and staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Council meeting, or if distributed during a meeting, Councilmembers should indicate they would like the materials considered for a future meeting, since except in an emergency, Councilmembers would normally not take time at the dais to read material just received. Pre-scheduled materials Council wishes to share as part of the Council packet could also be included on study session agendas under b. Council Packets: Councilmembers shall personally pick up their agenda packets from their city desk, unless otherwise arranged by the Councilmember or further directed by Council. notified otherwise, the city clerk shall prepare a hard copy agenda packet for individual Councilmembers. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 34 of 85 c. Packet Materials: Request for Council Action form (RCA): This is a cover sheet used by staff to introduce an agenda item. It includes the agenda item title, citing of governing legislation associated with the topic, previous Council action taken, and background on the topic. Options for Council consideration are also included, as well as a staff recommended action or motion. The options and recommended action or motion should be viewed as aids to Council in making a motion or taking action, but should not be thought of as obligatory, as Council always has the option of making a motion different from what is included on the form. Generally, by the time an item is ready for a motion, Council has already read, heard, and/or discussed the item at least three times (such as an informational item, an administrative report, and lastly as an action item), and the wording of a motion would not normally be controversial, although it is important to state the motion as a motion, such as r other similar language. Decision makers and citizens at all levels of the city should have adequate time to thoroughly consider the issues prior to final decisions. It is the intent of the Council that the Council and guidelines are desi personnel. Any request or proposal for adopting or changing public policy, ordinances, resolutions or City Council directives which require a decision of the City Council or administration, should use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any ision should also explain the timing circumstances. This principle excludes staff reports and other general communications not requiring a Council decision. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | 2024 DRAFT Page 35 of 85 Page 36 of 85 A. ELECTION OF OFFICERS Procedures for electing officers are as follows: 1. Biennially, at the first meeting of the new Council, the members thereof shall choose a Presiding Officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, election of a Deputy Mayor shall be conducted in the same manner. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030) There are no term limits for the office of Mayor or Deputy Mayor. 2. The election for Mayor shall be conducted by the city clerk. The city clerk shall call for nominations. Each member of the City Council shall be permitted to nominate one person, and a nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. 3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. Selection of Mayor and of Deputy Mayor shall each be determined by majority vote of Councilmembers present. The city clerk shall publicly announce the results of the election. Thereafter, the city clerk shall record the individual 4. If the first round of votes results in no majority vote of Councilmembers present, the voting process shall be repeated no more than two more times. During subsequent votes, Councilmembers do not have to vote the same as they did in the previous vote. If after three attempts, Council is unable to agree on a Mayor by majority vote of Councilmembers present, the office of Mayor shall be temporarily filled by an Acting Mayor, which shall be the Councilmember who just previously served as Mayor if that person is still a member of Council, or if the previous Mayor is no longer a Councilmember, then by the Deputy Mayor, or if such person prefers not to serve as Mayor or if that person is no longer a member of Council, the Councilmember with the next highest seniority. The Acting Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, which shall be determined at the next scheduled Council meeting, at which time the role of Acting Mayor shall cease and terminate. 5. At the next scheduled Council meeting voting for Mayor shall proceed in the same manner as the initial first round of voting from the previous Council meeting, but Councilmembers shall only vote on the Councilmembers who received the highest number of votes. If after three voting attempts, there is still no majority vote of Councilmembers present, the vote shall be determined by whichever Councilmember has the most votes at the third voting attempt. If at that time, there is a two-way tie of Councilmembers receiving the most votes, the tie shall be broken based on the flip of a coin. The City Manager shall flip the coin. If there are more than two Councilmembers tying with the most votes, that tie shall be determined by another means of chance to narrow the Councilmembers down to two, at which time the outcome shall be determined by written ballot. City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT Page 37 of 85 B. FILLING COUNCIL VACANCIES 1. General Process (Note that public comment shall not be taken during this entire process) If a vacancy occurs on the City Council, the Council shall follow the procedures outlined in RCW 42.12.070. The timeline will vary depending on when the process begins. Pursuant to RCW 35A.13.020, City Council has 90 days from the vacancy to appoint a qualified person to the vacant County Board of Commissioners would appoint a qualified person to fill the vacancy. In order to be qualified to run for Spokane Valley City Council, or hold such position, a person must be \[RCW 42.04.020\] a citizen of the United States, 18 years of age or older, a resident of the City of Spokane Valley for a year or more preceding his or her election, a registered voter in the City of Spokane Valley at the time of filing the declaration of candidacy and at the time of filing the declaration of candidacy if the candidate had ever been convicted of a felony, they must no longer be under the authority of the Department of Corrections, or currently incarcerated for a felony. Pursuant to RCW 42.12, remaining members of Council shall appoint a qualified person to fill the vacancy as an interim position who will serve from the date of appointment until the person elected in the November odd-numbered year general election takes office, which is the date the election results are certified, normally around the 26th of November. (See also 35A.12.040) Immediately upon the election being certified, that just-elected person will take the oath of office, take their position as a member of Council, and complete the remainder of the unexpired term. a. Procedure for Filling a Council Vacancy, Timeline/Procedure-Publication: The city clerk shall publish the vacancy announcement inviting citizens of the City who are interested and qualified to sit as a Councilmember, to apply on an application form provided by the city (see Appendix E page 53 for application). Qualifications to sit as a Councilmember are set forth in RCW 35A.13.020, which refers to RCW 35A.12.030: (1) must be a registered voter of the city at the time of filing his or her declaration of candidacy; (2) has been a resident of the city for a period of at least one year next preceding his or her election. Additional qualifications include those stated above under #1 General Process, and that Councilmembers shall not hold any other office or employment within the Spokane Valley city government \[RCW 35A.12.030\]. In order to avoid any real or perceived conflict of interest, no member of Council's immediate family may be currently employed by the City of Spokane Valley since employment is considered a contractual matter, and a councilmember would have a prohibited interest in a contract between a family member who is an employee of the city, and the city. (See Appendix G page 58 Definitions for description of immediate family.) If possible, the vacancy announcement shall be published for three consecutive weeks. b. The city clerk shall establish the deadline to receive applications, for example, no later than 4:00 p.m. on a certain date. c. RCW 42.30.110(1)(h), set a special meeting with an executive session beginning at 5:00 p.m. Council shall meet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, Council shall return to meeting place and the Special Meeting shall be adjourned. d. Hold a regular 6 p.m. meeting, same evening as above special meeting. Pursuant to RCW 42.30.110(1)(h), Council shall meet in open session and part of this agenda shall include City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT Page 38 of 85 selection of applicants to interview. Selection shall be by nomination and second. A vote shall be taken and candidates receiving a majority vote of those councilmembers present, shall be interviewed. Immediately after this Council meeting or as soon as practicable, the clerk shall send a list of potential questions to all those to be interviewed. e. Schedule the conducting of the interviews for an upcoming Council meeting. Pursuant to RCW 42.30.110(1)(h), the interviews shall be conducted during an open Council meeting. Each interview shall be a maximum of 30 minutes. f. Schedule a special 5 p.m. meeting with an executive session. Pursuant to RCW 42.30.110(1)(h), Council shall meet and adjourn to executive session (closed session) to discuss applicants. After the discussion, the Special Meeting shall be adjourned as usual. RCW 42.30.110(1)(h), Council shall meet in open session; and the last action item of that agenda will include a vote to fill the vacancy. Upon selection of the new Councilmember, that person shall be sworn in by the city clerk and take their seat at the dais. 2. Nomination Options for Conducting Interviews a. After holding an executive session to review applications, during a subsequent open session, any Councilmember may: i. Nominate an applicant to be interviewed ii. The nomination must be seconded iii. Councilmembers may make more than one nomination, but only one at a time iv. The Mayor shall ask if there are further nominations v. If no further nominations, the Mayor shall close the nominations vi. Votes shall be taken on each applicant in the order of nomination vii. Votes shall be by raised hand viii. Applicants receiving a majority of votes of those Councilmembers present, shall be interviewed ix. Once all voting has taken place, the city clerk shall summarize which applicants shall be interviewed based on the voting outcome. As soon as possible after the Council meeting, the city clerk shall notify each applicant to inform them if they will or will not be interviewed; notify those to be interviewed of the date and time for their interview, and send each person to be interviewed, the list of possible interview questions; or x. Instead of the above nomination process, after holding an executive session to review applications, Council may choose to interview all applicants. b. The length of the interview shall be determined based upon the number of applicants and interviews shall be done in last-name alphabetical order. The city clerk shall notify all applicants of the date, time and procedure for their interview. To keep the process as fair as possible, on the date of the interview, applicants not yet interviewed shall be asked to wait in a waiting area outside the meeting place a City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT Page 39 of 85 c. If during open session, Council has nominated only one person to interview, or in the case of more than one vacancy, one person per vacancy, Council may forego the interview process and move to make the appropriate appointment. 3. Interview Questions/Process During the interview, each Councilmember may ask each candidate a maximum of three questions, which includes any follow-up questions. Candidates shall be interviewed in alphabetical order of last name. 4. Nomination and Voting Process to Select Applicant a. Nomination Process: Councilmembers may nominate an applicant to fill the vacancy. A second is required. If no second is received, that applicant shall not be considered further unless no applicant receives a second, in which case all applicants who were nominated may be considered again. Councilmembers may not make more than one nomination unless the nominee declines the nomination and unless there is no second to the nomination; in which case the Councilmember makes another nomination. Once the nominations are given, the Mayor shall close the nominations and Council shall proceed to vote. b. Voting Process. RCW 42.12.070 states that where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position. By adoption of this policy, Council has chosen the following process for making such appointment: i. Except when there is only one nominee, a vote for an applicant shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. ii. The vacancy may only be filled when a majority of the remaining City Council (whether present or not) affirmatively votes for the applicant, i.e. if five City Councilmembers are present, this would require at least four Councilmembers voting for an applicant. If subsequent rounds of voting are needed, each round of voting follows the same process. The Mayor may ask for Council discussion between voting rounds. iii. Round One Vote: The city clerk shall publicly announce the results of the election. The applicant receiving the majority of votes shall be the new Councilmember. If no applicant receives a majority of votes from the City Council, then the three applicants receiving the most affirmative votes would be considered in a second round. iv. Round Two Vote: Round Two proceeds the same as Round One. If one of the three applicants still fails to receive a majority of affirmative votes, then the two applicants of the three who received the most affirmative votes would then be considered in a third round; or if there are only two applicants and they receive tie votes, a third round shall be taken. Councilmembers may change their vote between rounds. v. Round Three Vote: Round Three proceeds the same as Rounds One and Two. If after this round, the vote of the two applicants results in a tie, then the city manager, with concurrence of Council shall flip a coin to determine who shall fill the vacancy, with the applicant whose pplicants' last name begins with the same letter of the alphabet, the applicant whose entire last name is closest to the letter A shall be where both applicants have the same last name, the applicant whose first name is closest City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT Page 40 of 85 5. Seating of New City Councilmember Once an applicant either has received a majority of votes or wins the coin flip, if the appointed applicant is at the meeting, the city clerk shall administer the oath of office, and the new Councilmember shall be officially seated as a City Councilmember. If the appointed applicant is not at the meeting, such action is not official until the applicant takes the oath of office. C. LEGISLATIVE AGENDA Councilmembers work each year (or sometimes every two years) to draft a State and a Federal terms of upcoming or pending legislative activity in Olympia and Washington, D.C. that would or could have an effect on the c in the Association of Washington Cities (AWC)annual conference, and the annual National League of Cities Conference held in Washington, D.C. D. COUNCIL TRAVEL ALLOCATION Council is allocated a budget to handle certain city business-related travel expenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year shall be apportioned equally among six Councilmembers, and the Mayor may receive additional funding based on the extra travel demands of the office. These monies may be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of city business. Periodic updated statements of expenditures are available to Councilmembers upon request to the Finance Department or the city mexecutive assistant. Should a Councilmember exhaust their apportionment of funds, that person shall be personally responsible for payment of any travel and related expenses unless they have requested and received written affirmation from another Councilmember of their voluntary allocation to grant the travel related expenses from that granting with the appropriate completed form (see Appendix F, page 57). During the last six months of a city business-related travel expenditures outside a 50 mile radius unless such travel fulfills the obligations of the E. COUNCIL EXPENSE REIMBURSEMENT POLICY 1. Travel Approval and Expense a. General Travel: Councilmembers are entitled to payment of and reimbursement for lawful expenditures incurred on official city business when such expenditures are within the allotted budget. The city shall not reimburse Councilmembers for meals or beverages with constituents when there is not at least a quorum present as that would not be considered official city business. The city shall not reimburse an expense associated with fundraising or political events. The city shall also not reimburse an expense if that expense is reimbursable by another agency. Each allotted budget, which may also include donated allocation(s) from another Councilmember(s). (See Appendix F page 77 for Request Form.) b. Allowable Travel Expense. Allowed travel expenses include transportation, lodging, meals, and other related expenditures lawfully incurred by Councilmembers in the course and scope of their Councilmember duties. City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT Page 41 of 85 i. Meals are provided as a per diemrate at 35% above the amounts posted by the General Services Administration at www.gsa.gov/perdiem. For each full day of travel, all three meals are reimbursable unless they are provided by a third party. Meals provided through a third party such as through a conference registration, will be subtracted from the per diem amount. Per diems on the first and last day of a trip are governed as set forth below. i. Meals and lodging are reimbursed at a cost a cost deemed customary and reasonable. Meal receipts shall be itemized to receive reimbursement. ii. Lodging is reimbursed for the actual cost of the room, minus any room extras. If paid in advance, a receipt is rquired for reimbursement. ii. Tips are allowable expenditures when they approximate 15% or less, unless the personal service provider sets a mandatory group rate at a higher percentage, or the tip is already included in the expenditure. Please carefully examine your bill and be aware of statements limited to valet services, and taxi/ride share transportation. Tips on meals are included in the per diem rates above. iii. Lodging is reimbursed for the actual cost of the room, minus any room extras. A receipt is required for reimbursement. iv. When staff is making and paying for air travel arrangements, airline trip insurance may be purchased on a case-by-case basis at the discretion of the City Manager. Times when such trip insurance may be purchased include necessary travel when the weather is questionable. v. A monthly mileage stipend of $25 for each Councilmember, and a $50.00 for the Mayor, shall be provided for local travel for city business within 15 miles from City Hall. If travel is beyond 15 miles from City Hall, mileage. Mileage shall be reimbursed according to the current IRS mileage rates for traveled miles as determined by such websites as google Google maps, or other internet apps or mileage distance calculators, using the shortest route between two places. c. Non-Reimbursement or Prohibition of Travel Expense. Unauthorized travel expenses include but are not limited to the following items, for which no reimbursement shall be allowed: i. Liquor Alcoholic beverages ii. Expense of a spouse or other persons not authorized to receive reimbursement under this policy iii. Personal entertainment/movies iv. Theft, loss, or damage to personal property v. Barber or beauty parlor hair salon vi. Airline or other trip insurance (see b iv directly above) vii. Personal postage viii. Reading material, except for that associated with official City business City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT Page 42 of 85 ix. Personal telephone calls x. Personal toiletry articles, including toothpaste, toothbrush, comb, brush, candy, gum, tissues, and other miscellaneous items xi. Dry cleaning/laundry service xii. Prohibited expenses charged to the City in error shall be immediately reimbursed d. Conferences/Meetings/Seminars. i. Where a meal is included in a registration package, the cost of a meal eaten elsewhere shall not be provided in the per diem rate reimbursed unless its purpose is to allow the conduct of city business. ii. For meetings or seminars hosted by an organization for which the city pays membership dues, lodging is limited to the amounts that are reasonable and necessary based upon the government or conference rate offered by the host hotel(s). a Councilmember may stay an extra day. 2. Payment of Expenses a. Use of city credit cards. Use of city credit cards for travel is authorized pursuant to chapter 2.65 SVMC. b. Prepayment. Examples of travel expenses subject to prepayment include registration fees, airline tickets, and certain lodging where the cost is part of the registration package. Prepayment is generally handled by the city mexecutive assistant. c. Direct Billing. Direct billing to the city for expenses such as meals and lodging is prohibited. d. Expense Reimbursement Report. Expense reimbursement forms shall be completed no less than monthly. Councilmembers shall complete the expense reimbursement form and submit it to Finance, documenting the amount due the Councilmember or city as appropriate. The actual amounts expended shall be written on the form with itemized receipts attached. The completed expense reimbursement form shall be submitted to Finance within 45 days after completing travel. expense reimbursement forms submitted more than 45 days after completing travel shall not be honored. 3. Use of Personal Vehicle a. Reimbursement. Expenses for the use of personally-owned vehicles in the course of city business are reimbursed at the then-current U.S. Government (IRS) rate. Councilmembers who use their personal car for city business shall carry, at a minimum, the Washington state required insurance coverage. Councilmembers shall be responsible for maintaining this coverage at their own cost. b. Passengers. Should more than one Councilmember travel in the same personal vehicle on city business, only the individual owning the vehicle is entitled to reimbursement for transportation. 4. Cancellation A Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings, hotel, and airfare, or any other pre-payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a city business decision, expenses incurred by the city resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember, and those expenses shall be repaid to the city within 14 calendar days of the cancellation. City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT Page 43 of 85 F. BALLOT MEASURES: 1. State Law RCW 42.17A 555. State law has enacted statutory prohibitions (with limited exceptions) against the use of public facilities to support or oppose ballot propositions: No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view. (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3) Activities which are part of the normal and regular conduct of the office or In the c Council meeting, consider requests from outside agencies or individuals, for Council to support or oppose ballot measures; nor shall Council permit any public comment on any past, current, or future possible/proposed ballot issue, whether or not such comments seek endorsement or are just to inform Council of upcoming or proposed ballot issues; nor shall Councilmembers disseminate ballot-related information. 3. Providing Informative Materials to Council The requestor has the option of mailing materials to individual Councilmembers via the United States Postal Office (USPS). Because even the use of email for ballot purposes could be construed as use of public facilities and could be interpreted as being in violation of RCW 42.17A.555, materials should be sent via regular mail through USPS. Information shall be objective only and not soliciting a pro or con position. 4. Public Comment Council has determined that ballot issues (including past, current, or possible/proposed ballot issue) are not the business of the city, and has chosen not to support or oppose ballot issues as those are left to the will of the people voting. The use of any of the c City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT Page 44 of 85 of the Council chambers, other meeting location, and/or broadcast system would likely be construed as being in violation of RCW 42.17A.555 and therefore, general public comment on ballot issues, or proposed ballot issues shall not be permitted. (See page Chapter 1, C Public Comments for more specific direction on allowable public comment) City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | 2024 DRAFT Page 45 of 85 Page 46 of 85 A. CITIZEN CONTACT/INTERACTIONS OUTSIDE OF A COUNCIL MEETING 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government, the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff shall work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding City business. This provision shall not apply to invitations for mayoral comments at various functions, nor requests for appointments or other incidental contact between citizens and the office of the Mayor. 2. Concerns, Complaints and Suggestions to Council When citizen concerns, complaints or suggestions are brought to any, some, or all Councilmembers, the Councilmember should, when deemed appropriate and/or necessary, consult with the city manager to, first determine whether the issue is legislative or administrative in nature and then: i. If legislative, and a concern or complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or resolution of the City, the matter may be referred, with Council consensus, to committee, administration, or to the Council for study and recommendation. ii. If administrative, and a concern or complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Councilmember should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3. Administrative Complaints Made Directly to Individual Councilmembers a. When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember should then refer the matter directly to the city manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the city manager shall not be required to divulge information he/she deems confidential, in conformity with applicable statutes, ordinances, regulations, policies or practices. service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in the past. In that case, refer to the paragraph above. 4. Social Media Councilmembers shall comply with the City Councilmember Social Media Policy which is attached hereto as Appendix H and wholly incorporated herein. 5. Donations On occasion, Councilmembers could be contacted by citizens or businesses regarding donations. See Spokane Valley Municipal Code 3.34. for policy on donations. City of Spokane Valley | Governance Manual | Chapter 3: Council Contacts | 2024 DRAFT Page 47 of 85 B. STAFF CONTACTS AND INTERACTIONS 1. Role of the City Manager The city Manager is the chief administrative officer of the City of Spokane Valley. The city manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the city manager are defined by Washington law RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with the city m policy implementation is the need for the Council to allow the city manager to perform legally defined duties and responsibilities without interference by the City Council in the management decisions of the city manager. 2. City Staff Attendance at Meetings a. The City Manager or his/her designee shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council. The city manager shall be responsible to the Council for the proper administration of all affairs of the city. The city manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the city manager deems advisable to submit; keep the Council fully advised as to the business of the eity; and shall take part in the eity. (RCW 35A.13.080) city manager schedule adequate administrative support during Council meetings for the business at hand, keeping in mind that the city manager must also protect the productive capability of department directors and of all staff. Required attendance at meetings by city staff shall be at the pleasure of the city manager. 3. City Clerk - Minutes The city clerk, or in the cdeputy city clerk shall keep minutes as required by law and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or city manager. In the absence of the city clerk and the deputy city clerk, the city clerk shall appoint a replacement to act as clerk during the Council meeting. The clerk shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or agreement reached, if any. As a rule and when possible and practical, regular meetings, or those Council meetings held at 6 p.m. on Tuesdays, (which includes formal format and study session format) shall be video-recorded. Special meetings shall not normally be video-recorded. Executive Sessions shall not be video or audio recorded. Original, signed and approved minutes shall be kept on file in the City Office and archived according to Washington state record retention schedules. Copies of the approved minutes shall also be posted on the c are approved and signed. Whenever possible, video recordings of Council meetings shall be posted on the c 4. Administrative Interference by Councilmembers Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the city manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the city manager and neither the Council nor any committee or member thereof shall give any directives, tasks, or orders to any subordinate of the city manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the city manager anything City of Spokane Valley | Governance Manual | Chapter 3: Council Contacts | 2024 DRAFT Page 48 of 85 pertaining to appointments and removals of city officers and employees and city affairs. (RCW 35A.13.120.) 5. Informal Communications Encouraged RCW 35A.13.120 should not be construed as to prevent informal communications with city staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with city staff for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific city functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of city staff. While maintaining open lines of communication, city staff responding to information requests from Councilmembers shall inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. City of Spokane Valley | Governance Manual | Chapter 3: Council Contacts | 2024 DRAFT Page 49 of 85 Page 50 of 85 A.COMMITTEES, COMMISSIONS AND BOARD OF OUTSIDE ORGANIZATIONS OF WHICH THE CITY IS A MEMBER 1. Appointment, Removal, and Attendance a. Spokane Valley Councilmembers and/or residents who seek representation on any committee, board, or commission for which a representative of the city is required by Washington law or to which the c b. Appointment Process: Any committee, board, commission, task force, etc., requiring Mayoral appointment of committee members, shall also require confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. By majority vote, Council can reject the appointment. If Council fails to confirm the recommended appointment, the Mayor could either make another recommendation, or the appointment may be postponed to a later date, giving city staff opportunity to further advertise for committee openings. This process also applies to the annual appointment of Councilmembers to Committees and Boards, which is usually done during the first few weeks of January. c. Attendance at Committee/Board meetings: Attendance at these meetings is important so that a assigned Councilmember cannot attend the committee meeting, every effort should be made to give advance notice to the committee alternate to attend in their stead if possible. d. Removal Process of Councilmember. Any Councilmember on any committee, board, commission, task force, etc., requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. e. Removal Process of Citizen: Any citizen on any committee, board, commission, task force, etc., requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. Reasons for removal include conflict of interest, unexcused multiple absences, or for those committees which require the appointee to be a Spokane Valley citizen, failure to qualify as to residency. f. A Councilmember or citizen may resign due to conflicts of time or scheduling commitments, or other personal reasons. A vacancy caused by resignation shall be filled as soon as appropriate, but not sooner than two weeks, with notation of such on the advance agenda. g. These committee and commission board appointments, as well as removals, shall be placed as action items on Council meeting agendas, and when possible and practical, will be noted on the Advance Agenda at least two weeks prior to such action. h. If an outside organization committee offers a Councilmember a position on said committee, and the Councilmember accepts the appointment without the official approval of the Mayor which has City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | 2024 DRAFT Page 51 of 85 been confirmed by Council, then the Councilmember shall resign from the outside organization committee. If the Councilmember does not so resign, then (1) the Councilmember is prohibited from using city funds or resources for purposes related to their participation on the committee, or to not as a representative of the city or Council; and (3) the Councilmember shall notify said committee in writing that his service thereon is only as a private citizen and not as a representative of the city or Council. The Mayor may also send formal written notification to the outside organization committee that said Councilmember does not have authority to represent the city or Council on said committee. 2. Council Relations with Outside Boards, Commissions and Council Citizen Advisory Bodies to Which They Are Appointed a. The purpose of these appointments is to provide Council with insight into areas of interest or concern within each board. As liaisons and representatives of the city, it is the duty of Councilmembers to remember that their sole purpose in attending these meetings and participating as an appointed board/committee member is to represent the city; and as such during those meetings, Councilmembers may not act as a representative of any other business, group or organization without the express consent of the Council. b. Councilmembers are encouraged to share with all Councilmembers, copies of minutes from any statutory boards, commissions, or committees on which they serve and participate. Communications from such boards, commissions and bodies to the City Council which seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any requests that any such communication be officially answered by the Council, the Presiding Officer may place the matter on an upcoming agenda for a specific Council meeting or take other appropriate action. B. IN-HOUSE COMMITTEES, BOARDS, ETC. 1. The members of standing committees, boards, and/or commissions of the City (collectively -shall be appointed by the Mayor for a time certain (not to exceed the term provided by law or the term of office of the appointing Mayor) with Council confirmation by majority vote. Such appointments are generally made at the first or second meeting in January. The Mayor, with approval by majority vote of those Councilmembers present at the time the vote occurs, has authority to remove and replace members from in-house committees. Following are established in-house committees: a. Planning Commission -- 7 members. There is created the City of Spokane Valley Planning Commission (hereafter referred to as recommendations to the Mayor and City Council for future planned growth through City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | 2024 DRAFT Page 52 of 85 continued review of the c shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. 18.10.020 Membership A. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the city. B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the city. C. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City limits. Terms shall be for a three-year period and shall expire on the 31st day of December. D. Removal. Members of the planning commission may be removed by the Mayor, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the City Council regarding membership on the planning commission shall be final and without appeal. E. Vacancies. Vacancies that occur other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. F. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the City Council regulating the conduct of any person holding appointive office within the city. No elected official or c b. Lodging Tax Advisory Committee - 5 members. The City Council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The city shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council. Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | 2024 DRAFT Page 53 of 85 nominees. Nominations shall state the term of committee membership. Appointments shall be for one- and two- c. Finance Committee- 3 members. The Finance Committee generally consists of three Councilmembers. Meetings are conducted on an as-needed basis as determined by the city manager. Matters that should be addressed by the Finance Committee, include, but are not limited to: i. Authorizing on short notice, approval of change orders that are in excess of the amounts authorized in SVMC 3.35.010(C), in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event, the City Manager shall provide appropriate information to the city council at its next regular meeting setting forth the factual basis for the action. ii. D business-related travel expenditures requires the prior authorization of the Finance service on statewide or regional boards, commissions or task forces. iii. A Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings, hotel, and airfare, or any other pre-payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a city business decision, expenses incurred by the city resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember and those expenses shall be repaid to the city within fourteen calendar days of the cancellation. This is generally tracked by the city mexecutive assistant. d. Governance Manual Committee 5 - 6 members. This committee usually consists of two or three Councilmembers, the city manager, the city attorney, and the city clerk. The purpose of this Committee is to periodically review the Governance Manual for edits needed for clarity or correction, or to add or edit specific sections by Council consensus, or by request of staff as the need arises. After discussion as a committee, the matter may be scheduled as an administrative report on a future Council agenda. The finalized Governance Manual shall be approved via resolution. All edits, revisions, and additions to the Governance Manual shall be approved via a resolution. All reports to Council regarding adoption of any proposed edits, revisions, and/or additions to the Governance Manual shall be presented by a Councilmember sitting on this committee, who shall be chosen by (a) the Councilmembers on the Committee, or (b) the Mayor if the Committee Councilmembers are unable to agree on the same. This committee should strive to meet quarterly throughout the year, e.g. in February, May, August, and November. e. Agenda Committee Mayor, Deputy Mayor, city manager, city clerk individual invitation, the Mayor may invite a third Councilmember to attend this weekly City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | 2024 DRAFT Page 54 of 85 discretion. Other staff may be invited at the discretion of the city manager. As noted in Chapter 1(B)(4), this committee generally meets at a fixed weekly time to review the Council agenda of the upcoming meeting as an opportunity to ask questions and/or request additional materials or research needed for the impending meeting, and to review the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. Since this is a standing committee of the Mayor, Deputy Mayor, city manager, and city Clerk, no committee appointments are necessary. f. Public Safety Committee 5- 6 members This is an ad hoc committee that meets on an as-needed basis to discuss and provide input into critical pending public safety issues. With the the extensive number of issues facing the city related to public safety, this committee will allow discussion on issues in a timelier manner and in advance of full city Council discussions. Meetings will be called by the city manager and deputy city manager, and both will attend the committee meetings. This committee will sunset as determined by recommendation from the Mayor, with approval of the Council. 2. When required by law, committee meetings should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the city manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre-study. 3. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc conclusion of the assigned task. As with all committee vacancies, ads announcing a vacancy or soliciting membership or participation in a task force or other committee shall be placed on the c website, and in the cial newspaper. C. PRIVATE COMMITTEES, COMMISSIONS, AND BOARDS The Council recognizes there are various other private committees, boards and commissions (, such as Spokane Neighborhood Action Partners (SNAP), which appointments are made by their own board. These boards and committees do not require an appointment by our Mayor or confirmation by our Council but are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of those committees and/or boards. As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. However, a Councilmember sitting on such a committee, board, or commission may only participate in their capacity as a private citizen. Councilmembers are prohibited from (a) acting on such City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | 2024 DRAFT Page 55 of 85 committees in any capacity as a representative of the city; (b) characterizing, either by omission or affirmative action, their committee participation as being on behalf of or as a representative of the city; and/or (c) using city funds or resources for purposes related to their participation on the committee, or to otherwise further the interests of any committee. City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | 2024 DRAFT Page 56 of 85 Page 57 of 85 A. PURPOSE The behavior and actions of individual Councilmembers can affect, both positively and negatively, the perception of the entire Council and public confidence in the Council and the city. Therefore, each Councilmember has a vested interest in promoting the ethical and professional conduct of his/her fellow Councilmembers. In order to foster an environment of ethical and professional conduct by all Councilmembers, the Council has adopted the following process to be implemented in the event a Councilmember(s) is alleged to have violated a provision of: (1) Sections A.1.h, A.2., or C of Chapter 4 of this Governance Manual; (2) the Statement of Ethics attached as Appendix C to this Governance Manual; (3) the Social Media Policy attached as Appendix H to this Governance Manual; (4) Chapter 42.23 RCW (Code of Ethics for Municipal Officers); (5) Chapter 42.30 RCW (Washington Open Public Meetings Act); (6) RCW 42.17A.555 (prohibiting use of public facilities for campaigning); (7) RCW 35A.13.120 (prohibiting interference with administrative/executive staff); (8) paragraph D.1.b herein and set forth below, or (9) other applicable laws and/or regulations governing the conduct of the Councilmembers in their capacity as elected public officials. B. COUNCIL CONDUCT STANDARDS preceding section. C. COMPLIANCE REQUIRED All Councilmembers must abide by the above-identified Council Conduct Standards. Any Councilmember alleged to have violated the Council Conduct Standards is subject to the below enforcement provisions. However, said enforcement provisions shall apply only to that conduct occurring after the date Council passed the resolution adopting this Chapter 5 of the Governance Manual. D. ENFORCEMENT PROCEDURE 1. Complaint: Any Councilmember may submit a written complaint to the city manager alleging a fellow Councilmember(s) has violated, during their tenure as an elected Councilmember, one or more provisions of the Council Conduct Standards. The following subsections apply to all such complaints. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards and Enforcement | 2024 DRAFT Page 58 of 85 a.Required Content of Complaint: The written complaint must identify the (i) Councilmember submitting the complaint; (ii) Councilmember alleged to have violated the Council Conduct Standards, (iii) specific Council Conduct Standards alleged to have been violated, and (iv) specific conduct the accused Councilmember is alleged to have committed. To the extent known by the Councilmember submitting the complaint, the complaint shall also identify the following for each alleged violation (i) when the violation occurred, (ii) where and how the violation occurred, (iii) all individuals believed to have witnessed, or otherwise have firsthand knowledge of the alleged conduct, and (iv) documents/records related to the alleged conduct (including the identity of the custodian and the location of said documents/records). If the complaining Councilmember has information or documents/records in their possession that tend to support or discredit the allegations, they must provide the same with the written complaint. b. Frivolous Complaints Prohibited: Councilmembers are prohibited from submitting Frivolous Complaints under this Chapter. If the Investigator (identified in paragraph 2 below) determines during their review/investigation that a Councilmember has submitted a Frivolous Complaint, then the submission of the complaint itself shall be a violation of the Council Conduct Standards subject to discipline under this Chapter 5. 2. Review/Investigation: Upon receipt of the written complaint, the city manager shall promptly retain an independent third- review and investigate the complaint and allegations therein as follows: City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards and Enforcement | 2024 DRAFT Page 59 of 85 3. Hearing violated one or more Council Conduct Standards (including filing a Frivolous Complaint), then said Councilmember has the right to request a hearing before the city hearing examiner to contest the a. To request a hearing, the Councilmember found to have violated the Council Conduct city Manager by 5 p.m. on the seventh (7th) business day following the date the city manager City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards and Enforcement | 2024 DRAFT Page 60 of 85 request shall be by email to the city mcity-issued email address. If a Subject Councilmember fails to timely deliver the hearing request, then it will be conclusions, and the matter shall proceed to the Council Review Meeting identified herein. b. At the hearing, (a) the Investigator shall present the evidence supporting the findings and evidence in their defense. The Subject Councilmember may represent themself or retain their own attorney at their own expense. c. The proceedings before the hearing examiner shall be scheduled and conducted as decision is the final decision of the City on the matter. 4. Council Review Meeting: If the hearing examiner determines that no violation occurred, then the decision shall be final, and the matter closed. If the hearing examiner issues a decision finding, on a more probable than not basis, that the Subject Councilmember violated the Council Conduct Standards or filed a Frivolous Complaint, or the Subject Councilmember did not timely request a hearing, then an Executive Session of the Council will be called as soon as practicable to discuss the complaint, the hearing e Subject Councilmember(s) may insist any discussion of the violation(s) found against her/him take place in a meeting of the Council open to the public, in which case the discussion shall take place in an open public meeting of the Council. Regardless of whether the Council Review Meeting occurs in an Executive Session or open public meeting, the Subject Councilmember(s) shall be provided up to fifteen (15) minutes to speak to the hearing e report when no hearing is timely requested) during the Council Review Meeting. Following a discussion by the Council of the violation(s), the Council may: a. Take no action. b. In an open public session of the Council, by a majority-plus-one vote of the Council, issue a verbal Reprimand of the Subject Councilmember(s) found to have committed a violation(s). A verbal Reprimand declares the conduct of a Subject Councilmember(s) to be unacceptable but not of such severity as to warrant a Public Censure. Issuance of the verbal Reprimand and conclusions. In the case where the Subject Councilmember(s) did not timely request a hearing, then the verbal reprimand shall also report. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards and Enforcement | 2024 DRAFT Page 61 of 85 Following the issuance of the verbal Reprimand, the Subject Councilmember(s) found to have committed a violation(s) shall be provided fifteen (15) minutes during the open public (and/ and/or Meeting occurred in an Executive Session of Council, or (2) the Council Review Meeting occurred in a separate open public meeting prior to the open public meeting at which the discipline is imposed. c. If a majority-plus-one of the Council determines the severity of the violation(s) committed by a Subject Councilmember(s) is of such magnitude, OR that the Subject Councilmember(s) who was previously issued a verbal Reprimand commits subsequent violations, the Council may, in an open public session of the Council: i. By way of a formal resolution adopted by a majority-plus-one vote of the Council, issue a Public Censure of the Subject Councilmember(s) found to have committed a severe or subsequent violation(s). A Public Censure declares that a Subject Councilmember(s) has committed a violation(s) that requires admonishment greater than that provided for in a verbal Reprimand but does not require additional measures be taken. The Public Censure resolution shall include a description of the violation(s) and a copy of the hearing e In the case where the Subject Councilmember(s) did not timely request a hearing, then the resolution shall also include a copy Following the adoption of the Public Censure resolution, the Subject Councilmember(s) found to have committed a violation(s) shall be provided fifteen (15) minutes to speak to the hearing examiners findings, , decision, but only in the following circumstances: (1) the Council Review Meeting occurred in an Executive Session of Council, or (2) the Council Review Meeting occurred in a separate open public meeting prior to the open public meeting at which the discipline is imposed. ii. By way of a formal resolution adopted by a majority-plus-one vote of the Council, Remove the Subject Councilmember(s) found to have committed a severe or subsequent violation(s) from his/her Council Committee assignments for a period of time deemed appropriate by a majority-plus-one vote of the Council. The Removal resolution shall include a description of the violation(s) and a copy of the Hearing In the case where the Subject Councilmember(s) did not timely request a hearing, then the resolution shall also include a copy of the Following adoption of the Removal resolution, the Subject Councilmember(s) found to have committed a violation(s) shall be provided fifteen (15) minutes to speak to the hearing e but only in the following circumstances: (1) the Council Review Meeting occurred in an City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards and Enforcement | 2024 DRAFT Page 62 of 85 Executive Session of Council, or (2) the Council Review Meeting occurred in a separate open public meeting prior to the open public meeting at which the discipline is imposed. Nothing herein shall be construed as giving Council authority to remove a Councilmember from their position as a Councilmember. iii. By way of a formal resolution adopted by a majority-plus-one vote of the Council, Remove the Subject Councilmember(s) found to have committed a severe or subsequent violation(s) from her/his (a) Council Committee assignments, AND (b) assignments to non-City boards, committees, or commissions to which the City Mayor has authority to appoint members (with or without Council approval). Said removal shall be for a period of time deemed appropriate by a majority-plus-one vote of the Council. The Removal resolution shall include a description of the violation(s) and a copy of the hearing e In the case where the Subject Councilmember(s) did not timely request a hearing, then the resolution shall also include Following adoption of the Removal resolution, the Subject Councilmember(s) found to have committed a violation(s) shall be provided fifteen (15) minutes to speak to the but only in the following circumstances: (1) the Council Review Meeting occurred in an Executive Session of Council, or (2) the Council Review Meeting occurred in a separate open public meeting prior to the open public meeting at which the discipline is imposed. Nothing herein shall be construed as giving Council authority to remove a Councilmember from their position as a Councilmember. Council does not have authority to overrule the hearing e determining whether and how to discipline the Subject Councilmember. NOTE: The application of one of the remedies described above shall not preclude the application of additional remedies described above or otherwise available at law. Furthermore, certain violations committed by a Councilmember(s) may be subject to prosecution or other legal action pursuant to Washington State law. If a Councilmember does not cease conduct that has been deemed in violation of the Council Conduct Standards, then the Council may direct city administration to pursue legal action to prevent ongoing violations, provided such an action is not prohibited by applicable law. In the event a Councilmember intentionally violates provisions of the Council Conduct Standards which cause harm or damages to the city, then the Council may by affirmative City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards and Enforcement | 2024 DRAFT Page 63 of 85 vote seek to recover those damages against the Councilmember on behalf of the city, provided such action is not prohibited by applicable law. 5. Appeal unty , but only after completion of the Council Review Meeting. The Subject Councilmember must exhaust the available administrative remedies described herein prior to seeking an appeal in the Superior Court. A failure to request a hearing shall result in dismissal of an appeal to Superior Court. Appeal shall be by the Subject Councilmember filing a Petition for Review or other legally sufficient pleading with the Superior Court and delivering a copy of the Petition for Review to the city manager within ten (10) business days after the Council Review Meeting is completed. The manner in which the notice of appeal must be delivered to the city manager is the same as that required for a request for hearing before the city hearing examiner. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards and Enforcement | 2024 DRAFT Page 64 of 85 Page 65 of 85 A. COPIES Councilmembers and the public are highly encouraged to access city documents electronically in order to decrease the amount of paper, toner, ink, etc. used in generating paper documents, thereby lowering city expenditures. Paper documents will always be made available upon request. While Councilmembers are permitted the use of city copy machines, paper, toner, ink, etc., they are limited to no more than a total of ten pages per week in advance of Council meetings. B. OUT-OF-STATE TRAVEL POLICY Out-of-state travel involving more than one day requires prior approval by a vote of a majority of the City Council during a regular or special City Council meeting. All requests for approval of out-of-state travel should be sought no later than one week prior to the beginning of the travel. Travel to Idaho or Oregon are exceptions to this provision. C. DRESS CODE POLICY Councilmembers should dress in business attire when publicly representing the City as a Councilmember, including at City Council meetings, during interviews, and when participating in any meetings with external attendees whether at City Hall or another location. Examples of business attire include skirts, dresses, slacks, khakis, trousers, blouses, collared shirts, button-down shirts, sport coats, blazers, and sweaters. Jeans, t-shirts, shorts, athletic wear, or sports clothing are not considered business attire and should not be worn. The exception to business attire may be at community events such as Valleyfest, Spokane Valley Farmers Market, etc. where casual clothing may be more appropriate. D. VOLUNTEERS/LEGISLATIVE ASSISTANTS Councilmembers are required to attend to their own duties and responsibilities and therefore, shall not advertise for or retain volunteer legislative assistants to conduct these duties. This provision is intended to prevent unauthorized access to City systems and facilities. If assistance is needed for certain tasks, Councilmembers are encouraged to discuss their needs with the City Manager, who may provide support City of Spokane Valley | Governance Manual | Chapter 6: General Considerations | 2024 DRAFT Page 66 of 85 Page 67 of 85 APPENDIX A Quasi-Judicial Hearings 1. Purpose Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the “record” developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig, MRSC Legal Consultant August 1998) 2. Specific Statutory Provisions a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, pursuant to RCW 42.36.040, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b. Ex-parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex-parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1) places on the record the substance of such verbal or written communications; and (2) provides that a public announcement of the content of the communication and of the parties’ rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) 3. Actions/Procedures for a Quasi-Judicial Public Hearing See Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures. City of Spokane Valley | Governance Manual | Appendix A: Quasi-Judicial Hearings | 2024 DRAFT Page 68 of 85 APPENDIX B Resolution 07-019 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 07-019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE, RESPONSIVE, AND OPEN GOVERNMENT WHEREAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged with promulgating Ordinances and Resolutions which become the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and state statutes and regulations; and WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; as set forth below by adding new section 7. The Section 1. Modifying Resolution 03-027 remainder of the resolution 03-027 is unchanged: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public’s legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. City of Spokane Valley | Governance Manual | Appendix B: Resolution 07-019 Core Beliefs | 2024 DRAFT Page 69 of 85 Section 3.We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020. Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Section 5. We believe that the City of Spokane Valley’s governance should be known as “user friendly,” and that governance practices and general operations should consider how citizens will be served in the most responsive, effective and courteous manner. Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base. Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d) Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council, the staff, or the public. (e) Accepting the principle of majority rule and working to advance the success of “corporate” decisions. Section 8. We solicit the City Manager’s support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective, responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and City of Spokane Valley | Governance Manual | Appendix B: Resolution 07-019 Core Beliefs | 2024 DRAFT Page 70 of 85 financial capability of the city, including organizational and job description documents while pursuing “best practices” in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a database of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. th Approved by the City Council this 11 day of December, 2007. ATTEST: /s/ DIANA WILHITE______________________ Diana Wilhite, Mayor /s/ CHRISTINE BAINBRIDGE___________ Christine Bainbridge, City Clerk Approved as to form: /S/ MICHAEL F. CONNELLY___________ Office of the City Attorney City of Spokane Valley | Governance Manual | Appendix B: Resolution 07-019 Core Beliefs | 2024 DRAFT Page 71 of 85 APPENDIX C Statement of Ethics SPOKANE VALLEY CITY COUNCILMEMBERS’ STATEMENT OF ETHICS By adoption of the Resolution which adopts this Governance Manual, the Spokane Valley City Councilmembers hereby agree to be bound by the following rules of ethics: 1.DECLARATION OF PURPOSE: Provide guidelines and set high ethicalstandards for Councilmembers to perform their duties in an open, honest, and unbiased manner. Establish procedures for prevention and/or elimination of possible conflicts of interest. Improve and strengthen the public’s perception and trust in their local government. 2.DEFINITIONS: (a)Compensation: Anything of economic value regardless of amount, however designated, which is paid, loaned, advanced, granted, transferred, or gifted, or to be paid, loaned, advanced, granted, transferred or gifted for or in consideration of personal services to any person or that person’s immediate family as that term is defined in RCW 42.17A.005. (b)Contract: Includes any contract or agreement, sale, lease, purchase, or any combination of the foregoing. A contracting party is any person, partnership, association, cooperative, corporation, whether for profit or otherwise, or other business entity which is a party to a contract with a municipality. (c)Confidential Information: Includes any information provided during executive session to any Councilmember (whether written or oral), statements subject to the attorney-client privilege, and information considered exempt from disclosure under RCW 42.23 et seq. and/or the Washington Public Records Act (RCW 42.56 et seq.). 3.PROHIBITED CONDUCT: (a)Acceptance of Gifts: No Councilmember, based upon their position with the City of Spokane Valley, shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value regardless of the amount, as a gift, gratuity, or favor from any person or entity outside the City organization. Exceptions to this prohibition are if an item less than $50.00 value is provided to a Councilmember while that person is participating in business related to their position as a Councilmember. Campaign donations made and reported in conformance with Washington law are exempt from this provision. \[RCW 42.23.070\] City of Spokane Valley | Governance Manual | Appendix C: Statement of Ethics | 2024 DRAFT Page 72 of 85 (b)Interest in Contracts, Exceptions: Councilmembers must comply with all applicable provisions of RCW 42.23.030, including but not limited to those provisions prohibiting Councilmembers from being beneficially interested, directly or indirectly, in any contract where the City of Spokane Valley is named as a party to the contract; and preventing Councilmembers from accepting, directly or indirectly, any compensation, gratuity or reward in connection with such contract. This prohibition shall not apply to the exceptions specified in RCW 42.23.030 which are incorporated herein as if fully set forth. (c)Special Privileges Prohibited: Councilmembers are prohibited from using their position as a member of City Council to secure special privileges or exemptions for himself, herself, or others. (d)Conflict of Interest/Incompatible Service: No Councilmember shall engage in or accept private employment or render services for any person, or engage in any business or professional activity when (1) the Councilmember might reasonably expect doing so would require or induce them by reason of their official position to disclose confidential information acquired by reason of their official position, or (2) doing so is otherwise incompatible with the faithful discharge of his/her official duties as a Councilmember. (e)Confidential Information: Councilmembers are prohibited from disclosing confidential information acquired by reason of such official position, nor shall such information be used for the Councilmember’s personal gain or benefit. (f)Inappropriate Councilmember Intervention: Councilmembers shall not intervene or interfere with the administration or operation of the City’s executive branch of government in violation of Chapter 3 of the Governance Manual, paragraphs A.2 - .4 and/or B.3. PERSONAL OR PRIVATE INTERESTS, PUBLIC DISCLOSURE: Any Councilmember who has a financial or other private or personal interest in any ordinance, resolution, contract, proceeding, or other action pending before the City Council or any of its committees, shall promptly disclose such interest at the first public meeting when such matter is being considered by the City Council, and a summary of the nature of such interest shall be incorporated into the official minutes of the City Council proceedings. Any Councilmember who feels disqualified by reason of such interest in any matter before the City Council, shall make a public statement and disclose the reasons why that Councilmember feels disqualified, and state that they are recusing themselves from the issue, and with permission of the Presiding Officer, will leave the meeting place until such time as the issue at hand has been disposed of in the regular course of business. City of Spokane Valley | Governance Manual | Appendix C: Statement of Ethics | 2024 DRAFT Page 73 of 85 APPENDIX D Frequently Used Acronyms AACE American Association of Code Enforcement GAAP Generally Accepted Accounting Principles ADA Americans with Disabilities Act GASB Governmental Accounting Standards Board ADT Average Daily Traffic GIS Geographic Information System ATF Bureau of Alcohol, Tobacco and Firearms GMA Growth Management Act AWC Association of Washington Cities GPM Gallons Per Minute BOCC Board of County Commissioners HOV High-Occupancy Vehicle CAFR Comprehensive Annual Financial Report HR Human Resources CDBG Community Development Block Grant HUD Department of Housing & Urban Development CIP Capital Improvement Plan ICMA International City/County Management Assoc. CM City Manager L&I Department of Labor and Industries CMAQ Congestion Mitigation and Air Quality Program LID Local Improvement District CTR Commute Trip Reduction (legislation)MGD Million Gallons per Day CUP Conditional Use Permit MOA Memorandum of Agreement DEIS Draft Environmental Impact Statement MOU Memorandum of Understanding DEM Department of Emergency Management MPO Metropolitan Planning Organization DNR Department of Natural Resources MRSC Municipal Research Services Center DNS Declaration of Non-Significance NEPA National Environment Policy Act DOC Department of Commerce NIMBY Not In My Backyard DOE Department of Ecology; Department of Energy NPDES National Pollutant Discharge Elimination System DOT Department of Transportation (also WSDOT)PE Preliminary Engineering; Professional Engineer E911 Enhanced 911 PERC Public Employment Relations Commission EA Environment Assessment PMS Pavement Management System EDC Economic Development Council PPE Personal Protective Equipment EEO/AA Equal Employment Opportunity/Affirmative Action PPM Parts Per Million; Policy & Procedure Manual EEOC Equal Employment Opportunity Commission PUD Public Utility District EIS Environmental Impact Statement PW Public Works EOE Equal Opportunity Employer QA Quality Assurance EPA Environmental Protection Agency RCW Revised Code of Washington ERU Equivalent Residential Unit* REET Real Estate Excise Tax ESU Equivalent Service Unit**RONR Roberts Rules of Order Newly Revised F&WS Federal Fish & Wildlife Service ROW Right of Way FAA Federal Aviation Administration SAO State Auditor’s Office FCC Federal Communications Commission SBA Small Business Administration FEIS Final Environmental Impact Statement SEPA State Environmental Policy Act FEMA Federal Emergency Management Agency SMA Shorelines Management Act FICA Federal Insurance Contribution Act SWAC Solid Waste Advisory Committee FIRM Flood Insurance Rate Maps TIB Transportation Improvement Board FLSA Fair Labor Standards Act TMDL Total Maximum Daily Load FMSIB Freight Mobility Strategic Investment Boart UBC Uniform Building Code FY Fiscal Year UFC Uniform Fire Code UGA Urban Growth Area WHO World Health Organization WAC Washington Administrative Code WSDOT Washington State Department of Transportation WACO Washington Association of County Officials WSP Washington State Patrol Washington Utilities & Transportation Commission WCIA Washington Cities Insurance Authority WUTC WCMA Washington City/County Management Assoc.WWTP Wastewater Treatment Plant *for measuring water-sewer capacity and demand **for measuring stormwater utility fees City of Spokane Valley | Governance Manual | Appendix D: Frequently Used Acronyms | 2024 DRAFT Page 74 of 85 APPENDIX E CITY OF SPOKANE VALLEY 10210 E Sprague Avenue Spokane Valley WA 99206 (509) 720-5000 APPLICATION FOR INTERIM COUNCIL POSITION Thank you for your interest in serving the Spokane Valley community as an Interim Council Member. An Interim Council Member is the term used for someone to serve in a vacated council position until that vacated position can be filled as a result of the next general municipal election (held odd years) \[RCW 42.12.070\] To be considered, applicants must use this form. Applications shall be completed, signed, and received at the City Clerk’s office, 10210 E. Sprague Avenue, Spokane Valley WA no later than ________ p.m. on _____________________ (late arriving applications will not be considered). Applications may be hand-delivered or mailed. Faxed or e-mailed applications will not be accepted because the original application with the original signature must be received by the City. During the interview process, current Councilmembers will ask applicants several questions on a variety of topical subjects, which could include but are not limited to: budget, pavement preservation, transportation, infrastructure, public safety, economic development, planning and development, open space, familiarity with Council meetings, Open Public Meetings Act, Public Records Act, and Council/Manager form of government. Name (please print): _____________________________________________________________________ Complete Residence Address: _____________________________________________________________ Complete Mailing Address (if different from above) Length of Time at current Address U.S. Citizen? \[ \]yes \[ \]no WA State Registered Voter? \[ \]yes \[ \]no If you have lived at your current address less than one year, please list your previous addresses and state how long you lived at those residences: Complete Previous Address Length of Time at this Address City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | 2024 DRAFT Page 75 of 85 Which is your preferred way for us to contact you: \[Note: If you have an unlisted phone number, or do not wish your e-mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.\] \[ \] Home Phone __________________ \[ \] work phone ______________________ \[ \] Cell Phone ______________________ \[ \] other message phone _______________ \[ \] e-mail address: (please print plainly): _____________________________________________________ \[ \] regular mail to residence or mailing address shown above EMPLOYMENT: Sta rt with most recent 1. \[ \] present \[ \] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 2. \[ \] present \[ \] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 3. \[ \] present \[ \] previous Name of Employer: Address: Phone: Position held: Dates of Employment: City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | 2024 DRAFT Page 76 of 85 EDUCATION: Name of High School _____________________________ Address: _______________________________ Diploma or GED: \[ \] yes \[ \] no Trade School/College/University: Name of School _____________________________ Address: ___________________________________ Diploma: \[ \] yes \[ \] no Degree or Certification Earned: ___________________________ Trade School/College/University: Name of School _____________________________ Address: ___________________________________ Diploma: \[ \] yes \[ \] no Degree or Certification Earned: ___________________________ Other Certifications/Licenses: VOLUNTEER EXPERIENCE: name of social, fraternal, organizations, etc. 1. \[ \] current \[ \] previous_________________________________________________________________ 2. \[ \] current \[ \] previous_________________________________________________________________ 3. \[ \] current \[ \] previous_________________________________________________________________ 4. \[ \] current \[ \] previous_________________________________________________________________ 5. \[ \] current \[ \] previous_________________________________________________________________ LOCAL, STATE OR NATIONAL PROFESSIONAL ORGANIZATIONS, INCLUDING GOVERNMENT BOARDS, COMMITTEES, OR COMMISSIONS 1. \[ \] current \[ \] previous_________________________________________________________________ 2. \[ \] current \[ \] previous_________________________________________________________________ 3. \[ \] current \[ \] previous_________________________________________________________________ 4. \[ \] current \[ \] previous_________________________________________________________________ 5. \[ \] current \[ \] previous_________________________________________________________________ 1. Are you a registered voter in the City of Spokane Valley? Yes \[ \] No \[ \] 2. Have you continuously resided within the city limits of the City of Spokane Valley for a year or more? (State law requires a councilmember to be a resident of Spokane Valley for at least a year prior to appointment, and to be a registered voter at the time of application.) Yes \[ \] No \[ \] City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | 2024 DRAFT Page 77 of 85 3. Have you ever been convicted of anything other than a minor traffic infraction? Yes \[ \]No \[ \] 4. If you answered “YES” to #3 above, please explain: 5. Do you or your spouse or any immediate family member (spouse, children, siblings, parents) have a financial interest in, or are you an employee or officer of any business or agency which does business with the City of Spokane Valley? Yes \[ \] No \[ \] If yes, please explain: 6. Is any member of your immediate family currently employed, either full time or part time, by the City of Spokane Valley, or currently perform any volunteer work for the City of Spokane Valley? Yes \[ \] No \[ \] If yes, please explain: 7. Would your appointment create a conflict of interest or an appearance of a conflict of interest? Yes \[ \] No \[ \] If yes, please explain: 8. Why are you interested in serving in this position? 9. What do you feel is the primary responsibility of a Councilperson? ______________________________________________________________________________________ ______________________________________________________________________________________ City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | 2024 DRAFT Page 78 of 85 10.Have you ever attended a live meeting of the Spokane Valley City Council? Yes \[ \] No \[ \] If yes, give an estimate of how many meetings you have attended in the past twelve months: ___________________ 11.Appointment to the City Council will require your attendance at regularly scheduled Council meetings, which generally occur on Tuesday evenings, as well as other special meetings that may be scheduled from time to time. This meeting commitment includes preparation time, such as reading the Council packet materials. Councilmembers also participate on various boards and committees (such as Spokane Transit Authority, Visit Spokane, Health Board, etc.) as assigned by the Mayor and confirmed by Council. Many of these groups meet during regular work hours. Can you commit the appropriate time and energy to participate as an interim member of the Spokane Valley City Council? Yes \[ \] No \[ \] City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | 2024 DRAFT Page 79 of 85 12. References: Please list name, address and phone number: 1. _____________________________________________________________________________ 2. _____________________________________________________________________________ 3. _____________________________________________________________________________ Once submitted, applications and related materials become a public record subject to public disclosure, and could be included in Council agenda packets. Selection of the applicant must be approved by a majority vote of the remaining Councilmembers. No City officer shall hold any other office or employment within the Spokane Valley City government. By signing this application, I certify under penalty of perjury, that such appointment would not represent a conflict of interest or an appearance of a conflict of interest; that I recognize this application is subject to public disclosure; and that the information entered hereon by me is true and correct to the best of my knowledge and belief. ________________________________________________________ Signature Date Signed City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | 2024 DRAFT Page 80 of 85 APPENDIX F CITY COUNCIL 10210E Sprague Avenue | Spokane Valley WA 99206 Phone: (509) 720-5000 | Fax: (509) 720-5075 | www.spokanevalley.org Request to transfer travel/mileage/registration Budgetsbetween Councilmembers Transfer fromTransfer to Councilmember’s nameCouncilmember’s name Account numberAmountAccount numberAmount SignatureDateSignatureDate City of Spokane Valley | Governance Manual | Appendix F: Transfer Travel Allocation | 2024 DRAFT Page 81 of 85 APPENDIX G Definitions Action All transactions of a governing body’s business, including receipt of public testimony, deliberations, discussions, considerations, reviews, and evaluations, as well as “final” action. \[RCW 42.30.010, 42.30.020(3)\]. Codified The process of forming a legal code (i.e., a municipal code or book of laws) by collecting and including the laws of a jurisdiction or municipality. Consensus A collective judgment or belief; solidarity of opinion: “The consensus of the group was that they should meet twice a month. General agreement or harmony. \[Random House Webster’s College Dictionary, April 2001\] \[Wikipedia: explains it as a group decision making process, or Does anyone object?\] It is not unanimity, but more a process for deciding what is best overall. Members of the group reach a decision to which they consent because they know it is the best one overall. It differs from voting which is a procedure for tallying preferences. It does not require each member of the group to justify their feelings. \[Taken from: Consensus Is Not Unanimity: Making Decisions Cooperatively, by Randy Schutt.”\] Similar to a type of verbal “show of hands” on who feels particularly strong on this?” Sometimes thought of as preliminary approval without taking final “action.” A show of hands is not an action that has any legal effect. \[“Voting and Taking Action in Closed Sessions” by Frayda Bulestein.\] Ex-parte From a one-sided or partisan point of view; on the application of one party alone. An ex-parte judicial proceeding is conducted for the benefit of only one party. Ex-parte may also describe contact with a person represented by an attorney, outside the presence of the attorney. Immediate Family Includes a spouse or domestic partner, dependent children, and other dependent relatives, if living in the household. For the purposes of the definition of "intermediary" in this section, "immediate family" means an individual's spouse or domestic partner, child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half-sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half-brother, sister, or half-sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person (RCW 42.17A.005(24)). City of Spokane Valley | Governance Manual | Appendix G: Definitions | 2024 DRAFT Page 82 of 85 Motion An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. Once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing state or federal statutes, City ordinances or resolutions. Ordinance An enacted ordinance is a law passed \[enacted\] by a municipal organization legislatively prescribing specific rules of organization or conduct relating to the corporate affairs of the municipality and those citizens and businesses therein. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. Special ordinances such as adopting the budget, vacating a street, amending the Comprehensive Plan and/or Map, and placing a matter on an election ballot, including general obligation bonds, are not codified into the City’s municipal code. Resolution An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. Regular Meeting Any Council meeting that meets on a Tuesday at 6:00 p.m. shall be deemed a “regular meeting.” Social Media A term used to define the various activities that integrate technology, social interaction and content creation. Through social media, individuals or collaborations of individuals create on-line web content, organize content, edit or comment on content, combine content, and share content. Includes many technologies and forms including syndicated web feeds, weblogs (blogs), wiki, photo-sharing, video-sharing, podcasts, and social networking. (From MRSC, and Social Media and Web 2.0 in Government, WebContent.gov) City of Spokane Valley | Governance Manual | Appendix G: Definitions | 2024 DRAFT Page 83 of 85 APPENDIX H Councilmember Social Media Policy OFFICIAL COUNCILMEMBER-SPECIFIC SOCIAL MEDIA ACCOUNTS Councilmembers may choose to create and maintain a Councilmember-specific social media account, such as on Facebook, X (formerly Twitter) and/or Instagram, to communicate with constituents as part of their Councilmember role. When doing so, Councilmembers agree to the following guidelines: Requirements: 1.Before setting up a social media account on any given platform, you must receive written verification from the c compatible with the c including posts and comments, is archived for public records retention. Such verification may be by email from the IT manager to you. If the IT manager does not provide the above verification, then you are not able to establish a Councilmember -specific account on that particular social media platform. 2.Create the account using your @SpokaneValleyWA.gov email alias. On Facebook, per Facebook policy, 3.When creating Councilmember accounts, include: Â first last name) Â Â Identifiable, official Councilmember photo (can be provided by city staff) Â 4.Familiarize yourself with and adhere to the City of Spokane Valley Social Media Policy, outlined in Administrative Policy and Procedure No. 300.020 Communications Policy. 5.Contact the c handles. The IT manager or designee will associate your account with the c archiving platform, currently Page Freezer, to ensure that all content, including posts and comments, is archived for public records retention. Content may be public record if it relates to the conduct of government or the performance of your office. Costs for the social media archiving platform shall be deducted from each councilmembers individual annual budgets. 6.Be aware that the Open Public Meetings Act (OPMA) applies to social media/electronic platform interactions between elected officials just as it does to in-person or phone interactions. Please do not have a discussion of agency business publicly or privately on social media, because if it constitutes a quorum, you may be in violation of the OPMA. An City of Spokane Valley | Governance Manual | Appendix H: Social Media Policy | 2024 DRAFT Page 84 of 85 OPMA prohibited meeting may be deemed to have occurred electronicallywhen a quorum is ultimately involved and a discussion of city business occurs. 7.Be aware that all posts, comments and content are public records when they are set forth on an official city account and may constitute speech protected by the constitutions of Washington and the United States of America. Do not delete posts, comments or content Administrative Policy and Procedure No. 300.020 Communications Policy. 8.The Council desires to ensure Council remains in compliance with the OPMA. The Council therefore agrees that this policy prevents any individual Councilmember from (a) following 9.10.Once a Councilmember term ends, close the page. All records will be archived through the c Recommendations: 10.11.For best practices, post regularly (suggested minimal post of once per week). Accounts that are not actively used should be closed or hidden. 11.12.Keep your followers informed of city events, projects and opportunities to get involved and inform city decision-making by sharing City of Spokane Valley social media messages. City of Spokane Valley | Governance Manual | Appendix H: Social Media Policy | 2024 DRAFT Page 85 of 85 PERSONAL OR CAMPAIGN SOCIAL MEDIA ACCOUNTS OF INDIVIDUAL COUNCILMEMBERS Councilmembers who maintain a personal or campaign social media account shall: 1.Use a personal or campaign email alias. Do not use an @SpokaneValleyWA.gov alias to set up and manage any personal or campaign account. State law prohibits the use of official city accounts for campaign purposes so all campaign-related social media communications must be made on personal or campaign accounts. Campaign purposes include supporting or opposing any candidate for public office and supporting or opposing any ballot proposition. 2.Post a disclaimer on your personal account that identifies the account purpose and that the opinions expressed are your own. 3.Not write posts on personal or campaign accounts that relate to the conduct of city government or the performance of your office. Merely posting Council agendas or activities is not conducting city business and will not convert your personal post or the posts of others into public records. Personal communications that are not related to the conduct of government or the performance of your office are not public records. However, if you use your personal account to transact city business, any posts or comments generated in doing so may be public records. 4.Not link private or campaign accounts to a city account, with the exception of Facebook requirements for setting up a Facebook page. 5.Refrain from discussing personal accounts in public meetings or documents. 6.Not use city devices to maintain or access private accounts. Resources City of Spokane Valley Social Media Policy Association of Washington Cities social media guidelines for elected officials MRSC social media policies City of Spokane Valley | Governance Manual | Appendix H: Social Media Policy | 2024 DRAFT CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 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: Ordinance 24-005 Amending Section 18.20.030 and Appendix B of the Spokane Valley Municipal Code GOVERNING LEGISLATION: RCW 35A.12.120; RCW 35A.63.170; City Council Governance Manual PREVIOUS COUNCIL ACTION TAKEN: Consideration of Resolution 24-006 on 3-12-2024. BACKGROUND: At the March 12, 2024, Council meeting, Council considered adoption of Resolution 24-006 amending the City Council Governance Manual. The amendments were recommended by the Council Governance Committee and include the addition of Chapter 5. Chapter 5 defines the standards of conduct for Councilmembers and provides procedures for alleged violations to be investigated and presented to Council for action. These procedures include providing an accused Councilmember the opportunity to request a hearing before the City Hearing Examiner to contest an investigator’s findings and conclusions that the accused Councilmember engaged in conduct violating the standards of conduct. If Council approves the passage of Resolution 24-006, then section 18.20.030 of the Spokane Valley Municipal Code (“SVMC”) needs to be amended to provide the City Hearing Examiner with jurisdiction to preside over hearings contesting an investigator’s findings and conclusions of misconduct. Additionally, the City Hearing Examiner procedural rules, located in Appendix B of the SVMC, must be amended to include rules and procedures for such hearings. The rules and procedures currently in Appendix B are not appropriate for such hearings because they are designed for matters related to land use decisions of the City, not hearings to determine whether Councilmembers engaged in misconduct. If Council does not approve passage of Resolution 24-006, then adopting Ordinance 24-005 is neither necessary nor recommended because it would create code provisions referencing non-existent provisions of the City Council Governance Manual. OPTIONS: (1) Adopt Ordinance 24-005, or (2) take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: I move to waive the rules and approve Ordinance 24-005 Amending Section 18.20.030 and Appendix B of the Spokane Valley Municipal Code. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Kelly Konkright, City Attorney ATTACHMENTS: Ordinance 24-005 Amending Section 18.20.030 and Appendix B of the Spokane Valley Municipal Code CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 24-005 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING THE CITY COUNCIL GOVERNANCE MANUAL, SPOKANE VALLEY MUNICIPAL CODE SECTION 18.20.030 AND APPENDIX B RELATING TO ENFORCEMENT OF COUNCIL CONDUCT STANDARDS, HEARING EXAMINER AUTHORITY, AND PROCEDURAL RULES FOR HEARINGS BEFORE THE HEARING EXAMINER WHEREAS, the Council Governance Manual contains standards of conduct applicable to individual Councilmembers (hereinafter “Conduct Standards”); and WHEREAS, the Council Governance Manual provides that Councilmembers may submit complaints that another Councilmember violated the Conduct Standards, and identifies mandatory procedures for an independent third party to investigate said allegations before Council disciplines an accused Councilmember; and WHEREAS, the Council Governance Manual provides accused Councilmembers with the ability to demand a hearing before the City Hearing Examiner to contest the findings of the investigation; and WHEREAS, the current scope of the City Hearing Examiner’s authority as defined in the Spokane Valley Municipal Code does not include the authority to conduct a hearing to determine whether a Councilmember violated a Conduct Standard; and WHEREAS, RCW 35A.12.120 authorizes the Council to adopt and enforce rules governing Council conduct, andRCW 35A.63.170 authorizethe City to vest the City Hearing Examiner with the power to hear and decide appeals of administrative decisions or determinations; and WHEREAS, the City’s current rules of procedure for hearings before the Hearing Examiner identified in SVMC Appendix B were not designed for hearings to determine whether a Councilmember violated conduct standards; and WHEREAS, the proposed amendments to SVMC 18.20.030 and SVMC Appendix B are in the best interests of the health, safety, and welfare of the citizens of the City. Ordinance 24-005 Page 1 of 10 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 18.20.030 and Appendix B of the Spokane Valley Municipal Code (SVMC)to authorize and provide procedural rules for the City Hearing Examiner to conduct hearings requested under Chapter 5 of the Council Governance Manual to contest findings and conclusions that a Councilmember violated Conduct Standards. Section 2. Amendment. Section 18.20.030 is hereby amended as follows: 18.20.030 Powers and duties. A. The hearing examiner shall be under the administrative supervision of the city manager. B. The hearing examiner shall have the following powers and duties: 1. Annually provide a written report to the city manager or designee and city council that states the number and type of hearings conducted and decisions issued during the past year, the outcome of such decisions, recommendations for improving the hearing examiner system, and pertinent observations and recommendations regarding land use policies and development regulations. 2. Upon request, meet with the city manager or designee or city council to discuss the written report. 3. Receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decisions, or recommendations. 4. As a part of the conduct of public hearings, the hearing examiner shall have the authority to: a. Conduct pre-hearing conferences; b. Require the submittal of information; c. Schedule and continue hearings; d. Rule on all evidentiary and procedural matters, including motions and objections appropriate to the proceedings; e. Receive evidence and cause preparation of the record; f. Regulate the course of hearings and the conduct of the parties and their agents; Ordinance 24-005 Page 2 of 10 g. Maintain order during the hearing process; h. Render decisions and issue written findings and conclusions; i. Include in a decision the conditions of approval necessary to ensure that the application complies with the applicable criteria for its approval; and j. Revoke any approval for failure to comply with the conditions imposed by the hearing examiner where specifically authorized by the SVMC or state law. 5. The hearing examiner shall hear the following matters: a. Variances; b. Conditional use permits; c. Special use permits; d. Shoreline letter of exemption appeals; e. Preliminary plats; f. Appeals from any administrative decision of the department of community and public works or the building official in the administration or enforcement of Chapter 7.05 SVMC and Title 17 through 24 SVMC and any other land use code or regulation; g. Appeals on State Environmental Policy Act (SEPA) determinations; h. Site-specific zone changes of property, including any environmental determination (under SEPA); and i. Hearings requested under Chapter 5 of the Council Governance Manual contesting findings and conclusions that a Councilmember violated the Council Conduct Standards enumerated in said Governance Manual. j.i. Any other applications or appeals that the city council may refer by motion or ordinance, specifically declaring whether the decision of the hearing examiner is a final decision or may be appealed to the city council. 6. All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth in Appendix B. 7. Hearing Examiner decisions shall be given the effect of a final decision of the legislative body, except for rezones and where otherwise specified by City Council or the applicable SVMC. Ordinance 24-005 Page 3 of 10 8. Appeals of any decision of the hearing examiner, other than decisions that a Councilmember violated the Council Conduct Standards, shall be as is set forth in Chapter 17.90 SVMC. A Hearing Examiner decision that a Councilmember violated the Council Conduct Standards may only be appealed to the Washington Superior Court as set forth in Chapter 5, Section D.5 of the Council’s Governance Manual. Section 3. Amendment. Chapter 1, Section B ofAppendix B SVMC is amended as follows: B. Jurisdiction. The scope of the Hearing Examiner’s jurisdiction is set forth in RCW 35A.63.170 and chapter 18.20 SVMC. The Hearing Examiner shall have the authority set forth in RCW 35A.63.170 and chapter 18.20 SVMC. The scope of this jurisdiction includes the power to issue orders and make a decision or recommendation on an application or appeal as provided in the SVMC. This jurisdiction also includes the power to issue decisions with findings, conclusions, and recommendations when a Councilmember requests a hearing to contest an investigator’s written finding and/or conclusion that the Councilmember violated the Council Conduct Standards, but only when the investigator’s findings/conclusions are incident to investigating a complaint made in accordance with Chapter 5 of the Council Governance Manual. Section 4. Amendment. A new Chapter IV is hereby added to Appendix B of the SVMC as follows: Chapter IV: Hearings on Council Conduct Standards Violation Chapter IV applies to all hearings requested by a Councilmember to contest a finding that they violated the City’s Council Conduct Standards. Sections: A. Participation by Parties. B.Scheduling and Notice of Hearings. C.Conduct of Hearings. D. Withdrawal of Heating Request. E.Dismissal Based on Failure to Participate. F. Decisions/ Recommendations. G. Reconsideration. A. Parties and Participation at Hearing. 1. “Investigator” Definition. At all times used herein, “Investigator” shall refer to the independent third-party attorney retained by the City in accordance with Chapter 5 of the Council Governance Manual to investigate allegations that a Councilmember breached the Council Conduct Standards set forth in the Council Governance Manual. Ordinance 24-005 Page 4 of 10 2. Investigator Participation. No City employee may directly participate in the hearing, unless called as a witness by the Investigator or Subject Councilmember, but shall be provided notice thereof. At the hearing, the Investigator who issued the Investigator’s report shall present evidence and testimony, object, cross-examine and make motions, arguments, recommendations, and all other actions essential to a fair hearing. 3. Councilmember Participation. The Councilmember who requested the hearing (“Subject Councilmember”) shall be provided notice and the opportunity to present evidence and testimony, object, cross-examine, and make motions, arguments, recommendations, and all other actions essential to a fair hearing. 4. Participation by the Public. The hearing shall be open to the public, but the public does not have a right to participate therein. 5. Responsibilities of Investigator. At least ten (10) business days before the hearing, the Investigator shall provide the Investigator’s report and all documents in their possession relating to the investigation to the Subject Councilmember and Hearing Examiner. 6. Responsibilities of Subject Councilmember. The Subject Councilmember shall provide the Hearing Examiner and Investigator any material that Subject Councilmember wishes to present or intends to rely upon at the hearing at least five (5) business days prior to the hearing. The intent of SVMC Appendix B, Chapter IV, Section (A)(5)& (6) is to ensure that all documents and arguments to be relied upon by any of the principal parties in the hearing before the Hearing Examiner are available for review by all other parties prior to the hearing, thus avoiding “surprise” at the hearing and facilitating efficiency. These rules will be interpreted by the Hearing Examiner to facilitate that purpose in conformance with applicable legal requirements for open record hearings. 7. Responsibilities of All Parties, Witnesses, and Observers. Parties, witnesses, or observers shall conduct themselves with civility and deal courteously with all involved in the proceedings. Failure to do so may result in removal from the hearing at the discretion of the Hearing Examiner. Testimony shall be directed to the Hearing Examiner and not at other parties, and shall be limited to matters relevant to the issues before the Hearing Examiner. 8. Documentary evidence may be received in the form of copies or excerpts at the Hearing Examiner’s discretion. The Hearing Examiner may require that the original of a document be produced. True and correct copies shall also be given to the Investigator, the Hearing Examiner, and any other party in attendance at the hearing. Ordinance 24-005 Page 5 of 10 9. Except for the initial Notice of Hearing, all documents delivered to another party or the Hearing Examiner may be made by email. Appeals shall be filed and served pursuant to Chapter 5, Section D.5. of the Governance Manual. B.Scheduling and Notice of Hearings. 1. The Hearing Examiner shall set the hearing within 60 days of the City Manager receiving the request for a hearing by the Subject Councilmember. The Hearing Examiner is encouraged to coordinate with the Subject Councilmember and Investigator, when setting the date(s), time(s), and location at which the hearing will occur. The Hearing Examiner may set any other deadline the Hearing Examiner determines will promote efficient and fair resolution of the matter. 2. The Hearing Examiner shall serve the Subject Councilmember and Investigator, with a copy to the City Manager, with a Notice of Hearing identifying the date(s), time(s) and location of the hearing and any other deadlines set by the Hearing Examiner. Service of the Notice of Hearing shall be by email, and first-class mail. Unless agreed to otherwise, the Notice of Hearing shall be delivered no later than 21 days prior to the date of the hearing. For the purpose of this section, delivery is deemed to have occurred on the third day following mailing of the Notice of Hearing. 3. The Notice of Hearing shall contain a statement that the hearing will be conducted in the manner set forth in SVMC, Appendix B, Chapter IV. 4. If a person entitled to receive notice of the hearing does not actually receive notice, then the Hearing Examiner shall continue the hearing to a later date. 5. A person is deemed to have received notice if the person appears at the hearing and failed to object to the lack of notice promptly after the person obtained actual knowledge of the hearing date. C. Conduct of Hearings. 1. Content of the Record. The record of a hearing conducted by the Hearing Examiner under this Chapter of Appendix B shall include, but need not be limited to, the following materials: a. The Council Conduct Standards Complaint; b. The report of the Investigator who investigated the above Complaint; c. All evidence received or considered by the Hearing Examiner, which shall include oral testimony given at the hearing, all exhibits, and other materials submitted; d. A statement of all matters officially noticed by the Hearing Examiner; e. A decision containing the findings and conclusions of the Hearing Examiner; Ordinance 24-005 Page 6 of 10 f.A recommendation of whether to impose discipline and the discipline to impose; g. Electronic recordings of the hearing and proceedings by the Hearing Examiner; h. The Notice of Hearing along with an affidavit of service attesting that the hearing notice was delivered to the Subject Councilmember (including the date and how delivery was made) pursuant to Appendix B Chapter IV, Section B.2. 2. Hearing format. A hearing generally includes, but is not limited to, the following elements: a. A brief introductory statement of the matter and overview of the hearing process by the Hearing Examiner; b. A report by the independent Investigator, including introduction of the Council Conduct Standards complaint, the Investigator’s investigation, the procedural history and an explanation of the Investigator’s investigation and findings which can include the use of visual aids, and the Investigator’s recommendations; c. The submittal of testimony and documents by the Subject Councilmember; d. Rebuttal of testimony, if applicable; e. Closing arguments; f.An opportunity for questions by the Hearing Examiner; and g. Closure of hearing and record. 3. Evidence. a. Burden of Proof. The Investigator shall have the burden of proof to show on a more probable than not basis, that the Subject Councilmember violated one or more of the provisions of the Council Conduct Standards. b. Admissibility. The hearing generally will not be conducted in strict adherence to Rules of Evidence, but evidentiary rules may be used for guidance. Any relevant information and material shall be admitted if it possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The Hearing Examiner may exclude all evidence that is irrelevant, immaterial, unduly repetitious, or whose probative value is substantially outweighed by undue prejudice that would result from it being admitted into evidence. The rules of privilege shall be effective to the extent recognized by law. The Hearing Examiner shall have discretion on the admissibility of all evidence. The Hearing Examiner Ordinance 24-005 Page 7 of 10 shall give such weight to the evidence submitted as he or she deems appropriate and as may be required by law. c. Copies. Documentary evidence may be received in the form of copies, excerpts, or incorporation by reference at the Hearing Examiner’s discretion. The Hearing Examiner may require an original, in which case it shall be provided to the Hearing Examiner. Parties shall provide copies of all evidence submitted to the Hearing Examiner to all other parties. Upon request, parties shall be given an opportunity to compare the copy with the original. d. Judicial Notice. The Hearing Examiner may take judicial notice of judicially cognizable facts; federal, state, and local laws, ordinances, or regulations, the City’s Comprehensive Plan and other adopted plans or policies of the City; and may take notice of general, technical, or scientific facts within his or her specialized knowledge, so long as any judicially noticed facts are included in the record and referenced or are apparent in the Hearing Examiner’s final decision. The Hearing Examiner shall not take notice of disputed adjudicative facts that are at the center of a particular proceeding. e. The Hearing Examiner may occasionally request material to be filed after the close of testimony. Only those items referred to at the hearing and specifically requested by the Hearing Examiner may be submitted in this manner. Nothing in this subsection allows any ex parte submission of any document or communication to the Hearing Examiner. All parties shall have the opportunity to address, respond, and/or provide responsive documents as may be allowed by the Hearing Examiner. f.The Hearing Examiner may call witnesses and request written evidence in order to obtain the information necessary to make a decision. The Hearing Examiner may also request written information from or the appearance of a representative from any City department necessary to make a decision. g. Additional evidence may only be submitted upon a request for reconsideration based on the discovery of new evidence which could not reasonably be available at the time of the hearing. If additional evidence is submitted with a request for reconsideration, it will only be considered upon a showing of significant relevance and good cause for delay in its submission. All parties shall be given notice of the consideration of such evidence and granted an opportunity to review such evidence and file rebuttal arguments. h. All parties shall be allowed an opportunity to make a record of evidence admitted or denied during the course of the hearing. This record shall include offers of proof. D. Recommendations/Decisions. 1. Written Decisions. The Hearing Examiner shall prepare and issue a writtendecision that includes findings of fact and conclusions. The decision shall be forwarded to the Ordinance 24-005 Page 8 of 10 Subject Councilmember, Investigator and City Manager within ten (10) working days after the hearing, unless a longer time period is mutually agreed to in writing by the Subject Councilmember, Investigator, and the Hearing Examiner. The Hearing Examiner’s decision shall be the final decision of the City as to the findings of fact and conclusions of law. If the Hearing Examiner concludes that the Subject Councilmember violated the Council Conduct Standards, then the Hearing Examiner’s decision shall provide a recommendation whether discipline should be imposed, and if so, identify the recommended disciplinary measure(s). 2. Content of Decision. a. Findings of fact upon which the decision or recommendation, including any conditions, was based. The findings shall be based exclusively on the evidence presented in the hearing and those matters officially noticed pursuant to SVMC Appendix B, Chapter IV, section C.3.d. b. Conclusions shall include a resolution of all the issue(s) based upon the findings. The conclusions shall reference the Council Conduct Standards at issue in the matter and shall include a determination, based on the findings of fact, as to whether the Investigator met their burden. c. Recommendation to the Council whether the Subject Councilmember should be disciplined and, if so, the recommended discipline authorized by Chapter 5 of the Council’s Governance Manual. d. The date of the decision and time period for appeal to the Washington Superior Court identified in Chapter 5, Section D.5 of the Council’s Governance Manual. Section 5. Other sections unchanged. All other provisions of chapter 18.20 SVMCnot specifically referenced hereto shall remain in full force and effect. Section 6. 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 7. 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. Ordinance 24-005 Page 9 of 10 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 24-005 Page 10 of 10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 2024 Department Director Approval: Check all that apply: consentold businessnew businesspublic hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: First Reading – Proposed Ordinance 24-004 Wholesail Networks, LLC Franchise GOVERNING LEGISLATION: RCW 35A.47.040; RCW 35A.11.020; and chapter 35.99 RCW. PREVIOUS COUNCIL ACTION TAKEN: Approval of Ordinance 14-009 on August 12, 2014. Administrative Report for Ordinance 24-004 on March 5, 2024. 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 2014, Council approved a franchise with Noel Communications, Inc. n/k/a Wholesail Networks, LLC (“Wholesail”), for installation and maintenance of fiber optics telecommunications facilities within the boundaries of the City of Spokane Valley. Wholesail is a wholly owned subsidiary of Northwest Fiber, LLC d/b/a Ziply Fiber. The ten-year franchise requires renewal, and Wholesail Networks, 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 three minor substantive differences in this draft from Ordinance 14- 009, as follows: 1) Section 4: The City requires access to four dark fiber strands (2 pairs) from the Grantee for the exclusive use of the City. The reoccurring monthly charge of $20.00 per fiber pair per mile (the “City Fiber Rate”) previously paid to the Grantee will increase to $34.00 per fiber pair per mile. The City does not utilize any City Reserved Fibers with Wholesail; 2) Section 20: This is what the City now requires of all Grantees. In short, a Grantee cannot abandon its’ facilities in the ROW, 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 requires 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 the title of “Community and Public Works Director” and the updating of definitions used in Section 1. Wholesail has reviewed this draft and is in agreement with its terms for a new 10-year franchise. Staff recommends approval of the proposed franchise. OPTIONS: (1) move to advance Ordinance 24-004 related to a grant of franchise to Wholesail Networks, LLC to a second reading; (2) move to waive the rules and approve Ordinance 24-004 related to a grant of franchise to Wholesail Networks, LLC; or (3) take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to waive the rules and approve Ordinance 24-004 related to a grant of franchise to Wholesail Networks, LLC. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney; Kelly Konkright, City Attorney. ___________________________________________________________________________ ATTACHMENTS: Draft Ordinance No. 24-004, a 10-year franchise to Wholesail Networks, 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. 24-004 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TOWHOLESAIL NETWORKS, 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, do ordain 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 24-004 Wholesail Network, LLC Franchise 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. “permittee” shall mean a person 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. “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 Ordinance 24-004 Wholesail Network, LLC Franchise 2 of 17 DRAFT 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 untoWholesail Networks, LLC, (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 municipal, non-commercial use or designation (the “City Reserved Fibers”). City agrees that it shall not use the City Reserved Fibers as a public utility provider of telecommunications business service to the public. 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 sole responsibility of the Grantee. 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. C. In the event the City Reserved Fibers are the last fibers remaining in Grantee’s fiber 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. Ordinance 24-004 Wholesail Network, LLC Franchise 3 of 17 DRAFT 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. The City shall pay all costs associated with constructing any connection 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 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 municipal, non- commercial purposes. 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 franchiseor 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 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 Ordinance 24-004 Wholesail Network, LLC Franchise 4 of 17 DRAFT 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, conduits or 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 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 Ordinance 24-004 Wholesail Network, LLC Franchise 5 of 17 DRAFT 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 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 Ordinance 24-004 Wholesail Network, LLC Franchise 6 of 17 DRAFT 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 locallaws, 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 specification, Grantee shall complete relocation 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). Ordinance 24-004 Wholesail Network, LLC Franchise 7 of 17 DRAFT 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, Grantee shall 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: 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 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. Ordinance 24-004 Wholesail Network, LLC Franchise 8 of 17 DRAFT Section 21. Maps and Records Required. Granteeshall 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 City by 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 Granteeshowing 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 franchisearea. 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 Disclosure Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure 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 24-004 Wholesail Network, LLC Franchise 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 agree 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 propertyof 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, itsagents, servants, officers or employees in performing the activities authorized by a franchise are the proximate cause; Ordinance 24-004 Wholesail Network, LLC Franchise 10 of 17 DRAFT 2. By virtue of Grantee’s exercise of the rights granted herein; 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, the reasonable costs of the City, and reasonable attorneys’ fees of recovering under this subsection. Ordinance 24-004 Wholesail Network, LLC Franchise 11 of 17 DRAFT 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 (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 endorsement acceptable to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with Ordinance 24-004 Wholesail Network, LLC Franchise 12 of 17 DRAFT 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. 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 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 Ordinance 24-004 Wholesail Network, LLC Franchise 13 of 17 DRAFT 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 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 its respective heirs, 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 Ordinance 24-004 Wholesail Network, LLC Franchise 14 of 17 DRAFT writing: The City: City of Spokane Valley Attn: City Clerk 10210 East Sprague Avenue Spokane Valley, WA 99206 Grantee: Wholesail Networks, LLC Attn: Legal Department 135 Lake Street South, Suite 155 Kirkland, WA 98033 legal@ziply.com 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: Marci Patterson, City Clerk Approved as to Form: Ordinance 24-004 Wholesail Network, LLC Franchise 15 of 17 DRAFT Office of the City Attorney Date of Publication: Effective Date: Ordinance 24-004 Wholesail Network, LLC Franchise 16 of 17 DRAFT Accepted by Wholesail Networks, LLC: By: The Grantee, Wholesail Networks, LLC for itself, and for itssuccessors 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 24-004 Wholesail Network, LLC Franchise 17 of 17 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 2024 Department Director Approval: Check all that apply: consentold businessnew businesspublic hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: First Reading – Proposed Ordinance 24-003 Ziply Fiber Pacific, LLC Franchise GOVERNING LEGISLATION: RCW 35A.47.040; RCW 35A.11.020; and chapter 35.99 RCW. PREVIOUS COUNCIL ACTION TAKEN: Approval of Noel Communications, Inc., n/k/a Wholesail Network, LLC Franchise Ordinance 14-009 on August 12, 2014. Ziply Fiber Pacific, LLC is an affiliate of Wholesail Network, LLC. Administrative Report for Ordinance 24-003 on February 27, 2024. 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 2014, Council approved a franchise with Noel Communications, Inc. n/k/a Wholesail Network LLC (“Wholesail”). Wholesail is a wholly owned subsidiary of Northwest Fiber, LLC d/b/a Ziply Fiber. Ziply Fiber Pacific, LLC (“Ziply”) is an affiliate of Wholesail. Ziply is requesting a franchise for installation and maintenance of fiber optics telecommunications facilities within the boundaries of the City of Spokane Valley. Ziply has requested the same or similar terms as Wholesail. Wholesail’s updated franchise will be coming forward on a future agenda. There are three minor substantive differences in this draft from Ordinance 14-009, as follows: 1) Section 4: The City requires access to four dark fiber strands (2 pairs) from the Grantee for the exclusive use of the City. The reoccurring monthly charge of $20.00 per fiber pair per mile (the “City Fiber Rate”) previously paid to the Grantee will increase to $34.00 per fiber pair per mile. The City does not utilize any City Reserved Fibers with Ziply; 2) Section 20: This is what the City now requires of all Grantees. In short, a Grantee cannot abandon its’ facilities in the ROW, 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 requires and is what the City now requires of all franchisees and nearly every contractor/consultant. There are other minor changes from previous franchises to this proposed franchise that relate mostly to the title of the “Community and Public Works Director” and the updating of definitions used in Section 1. Ziply Fiber Pacific, 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. OPTIONS: (1) move to advance Ordinance 24-003 related to a grant of franchise to Ziply Fiber Pacific, LLC to a second reading; (2) move to waive the rules and approve Ordinance 24-003 related to a grant of franchise to Ziply Fiber Pacific, LLC; or (3) take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to waive the rules and approve Ordinance 24-003 related to a grant of franchise to Ziply Fiber Pacific, LLC. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney; Kelly Konkright, City Attorney. ___________________________________________________________________________ ATTACHMENTS: Draft Ordinance No. 24-003, a 10-year franchise to Ziply Fiber Pacific, 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. 24-003 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVEFRANCHISE TO ZIPLY FIBER PACIFIC, 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, do ordain 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 24-003, Ziply Fiber Pacific, LLC Franchise 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. “permittee” shall mean a person 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. “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 Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 2 of 17 DRAFT 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 untoZiply Fiber Pacific, LLC (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 municipal, non-commercial use or designation (the “City Reserved Fibers”). City agrees that it shall not use the City Reserved Fibers as a public utility provider of telecommunications business service to the public. 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 sole responsibility of the Grantee. 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. C. In the event the City Reserved Fibers are the last fibers remaining in Grantee’s fiber 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. Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 3 of 17 DRAFT 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. The City shall pay all costs associated with constructing any connection 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 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 municipal, non- commercial purposes. 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 franchiseor 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 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 Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 4 of 17 DRAFT 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, conduits or 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 Granteeshall 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 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 Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 5 of 17 DRAFT 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’stelecommunications 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’sacquisition 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 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 Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 6 of 17 DRAFT 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 locallaws, 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’sacts 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 specification, Grantee shall complete relocation 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). Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 7 of 17 DRAFT 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, Grantee shall 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’sTelecommunications Facilities. A. Underground facilities: 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 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. Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 8 of 17 DRAFT Section 21. Maps and Records Required. Granteeshall 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 City by 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 Granteeshowing 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 franchisearea. 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 Disclosure Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure 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 24-003, Ziply Fiber Pacific, LLC Franchise 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 agree 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 propertyof 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, itsagents, servants, officers or employees in performing the activities authorized by a franchise are the proximate cause; Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 10 of 17 DRAFT 2. By virtue of Grantee’sexercise of the rights granted herein; 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, the reasonable costs of the City, and reasonable attorneys’ fees of recovering under this subsection. Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 11 of 17 DRAFT 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 (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 agr ees 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’sfacilities 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 Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 12 of 17 DRAFT 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. 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 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 Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 13 of 17 DRAFT 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 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 its respective heirs, 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 Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 14 of 17 DRAFT writing: The City: City of Spokane Valley Attn: City Clerk 10210 East Sprague Avenue Spokane Valley, WA 99206 Grantee: Ziply Fiber Pacific, LLC Attn: Legal Department 135 Lake Street South, Suite 155 Kirkland, WA 98033 legal@ziply.com 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: Marci Patterson, City Clerk Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 15 of 17 DRAFT Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 24-003, Ziply Fiber Pacific, LLC Franchise 16 of 17 DRAFT Accepted by Ziply Fiber Pacific, LLC: By: The Grantee, Ziply Fiber Pacific, 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 24-003, Ziply Fiber Pacific, LLC Franchise 17 of 17 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 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: Local Access Street Preservation Services Contract GOVERNING LEGISLATION: RCW 39.04, SVMC 3.35.010, Contract Authority PREVIOUS COUNCIL ACTION TAKEN: May 10, 2022 – Administrative Report – Council reached consensus to allocate an annual portion of Solid Waste Fund #106 to a new unit-price bid contract for pavement preservation. February 21, 2023 – Administrative Report, 2023 Capital Improvement Projects November 21, 2023 – Council adopted 2024 Budget, including funding for the Local Street Program. February 20, 2024 – Administrative Report, 2024 Capital Improvement Projects BACKGROUND: The 2021 Streets Sustainability Committee findings resulted in four potential options for City Council and staff consideration regarding the improvement of the City’s pavement management programs including: 1. Prioritize local access streets 2. Implement surface treatments 3. Establish project delivery options 4. Implementing funding options The Solid Waste Road Wear Fee paid for the following capital improvement projects for the preservation of local streets: Midilome Neighborhood Street Reconstruction Project (2019), the Barker Road Homes Neighborhood Reconstruction (a 2020 partnership with Spokane County for sewer expansion), and the 4th and Coleman Neighborhood Preservation Project (2021). In 2023, it funded two preservation projects in the Summerfield East and Hillview neighborhoods. This unit-priced contract provides various roadway preservation treatments for multiple local access street locations throughout the City. With this contract, work will be assigned to the contractor by work orders for each individual location using their contract unit rates and determined quantities at each project location. The contract amount is for a maximum not to exceed $1,124,000.00. The contract will commence in summer of 2024 and be completed by the end of the year. thrd The City advertised for bids on January 27 and February 3. Bids were due and opened on February 9, 2024. City received bids from Inland Asphalt Company, Poe Asphalt Paving, Inc., and Shamrock Paving, Inc. The lowest responsive and responsible bidder was determined using a hypothetical work order in which quantities were provided at the bid opening. Based on the contractor’s unit rates and the hypothetical work order quantities, Inland Asphalt Company was the lowest responsive and responsible bidder. Page 1 of 2 OPTIONS: 1) Move to award the contract to the lowest responsive and responsible bidder, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Local Access Street Preservation Services Contract to Inland Asphalt Company in the amount of $1,124,000 and authorize the City Manager to finalize and execute the contract. BUDGET/FINANCIAL IMPACTS: This contract will be financed with $860,000 from the annual Solid Waste Road Wear Fee for the pavement preservation work and $264,000 from the Stormwater Management Fund (Fund #402) for any stormwater improvements within the paving limits. STAFF CONTACT: Bill Helbig, Public Works Director ATTACHMENTS: Bid Tabulation of the Hypothetical Work Order Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 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: Spokane County Regional Animal Protection Services (SCRAPS) Update GOVERNING LEGISLATION: COSV Interlocal Agreement 13-015 - Animal Control Services; Washington RCW Title 16 - Animals and Livestock; WAC 246-203-121 - Disposal of Dead Animals; WAC 246-100-197 - Rabies – Measures to Prevent Human Disease; Spokane County Code Title 5 - Animals; City of Spokane Valley Municipal Code 7.30 Animal Regulations; Washington RCW 39.34 – Interlocal Cooperation Act; and RCW 35A.11.020 Powers Vested in Legislative Bodies of Non-charter and Charter Code Cities. PREVIOUS COUNCIL ACTION TAKEN: Council adopted the SCRAPS interlocal agreement on January 8, 2013. An update to Council was provided on February 23, 2016 and October 19, 2021. Additionally, updates to Council have been provided annually during budget workshops. BACKGROUND: The City of Spokane Valley has contracted with Spokane County Regional Animal Protections Service (SCRAPS) to provide statutorily required animal control services for its entire existence. Recently, City Council has received a number of public comments regarding SCRAPS and has requested an update on the interlocal agreement. Staff have been working with SCRAPS regarding several of the identified issues. In order to provide information timely and to allow Council an opportunity to receive direct information, we have invited Spokane County CEO Scott Simmons, Spokane County Community Affairs Senior Director Cat Nichols, SCRAPS Director Jess Ferrari, SCRAPS Shelter Operations Manager Nick Hobbs Doyle, and SCRAPS Field Operations Manager Chris Miller, to speak with Council at the March 12 meeting about the comments that were made and to answer any other questions that Council may have. In addition to the information that Spokane County and SCRAPS staff may provide Tuesday night, the following provides additional background information. Animal control services provided by cities are fundamentally based out of a city’s role to ensure public safety for its community-members. Cities are required to undertake certain aspects of animal control and protection services to comply with state laws regarding animal cruelty, dangerous dogs, and rabies vaccination requirements, as well as to implement local requirements regarding licensing and leash laws which further protect the public. While not required by law, cities may also provide animal control-related services to assist community members by providing for the ability to return lost pets. The City’s current interlocal agreement for animal control services with SCRAPS was entered into after a competitive selection process to explore all options. As part of that process, two responses were received from SCRAPS and SpokAnimal. SCRAPS proposal included a regional services model to serve the majority of cities within the region and costs for a new facility, as their prior facility was undersized, had significant access issues, and no room for expansion. City Council ultimately chose SCRAPS due to a higher level of customer service, having a facility located in Spokane Valley, better trained and better paid officers, a higher live release rate, having the financial backing of the County, and having an already established relationship. The City entered into a twenty-year agreement with SCRAPS beginning in 2014 with first year cost of $242,081 for operating costs and $45,000 for capital costs to fund the new SCRAPS facility on Trent in Spokane Valley. Pursuant to the terms of the interlocal agreement, operating costs do not increase more than CPI each year and capital costs remain fixed for the life of the agreement. The total costs were a reduction of 17% from 2013 costs and $100,000 less than the highest costs that occurred in 2007. The current 2024 costs of $367,405 are still lower than the 2007 costs. The reason the agreement was twenty years in length was to match the length of the debt service on the new facility. Staff are reviewing current services under the interlocal agreement and at a subsequent City Council meeting will be providing a discussion regarding potential compliance issues and Council’s desired levels of service for SCRAPS. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: The twenty-year SCRAPS Agreement has two cost components: an operational component that increases each year by no more than the annual change in the Consumer Price Index and which is currently $322,405, and a capital component which is fixed at $45,000 per year for twenty years. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst; Erik Lamb, Deputy City Manager ATTACHMENTS: Interlocal Agreement 13-015 for Animal Control Services CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 12, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: Administrative Report: Road & Traffic Maintenance – Spokane County Interlocal Agreement GOVERNING LEGISLATION: RCW chapter 39.34 – Interlocal Cooperation Act PREVIOUS COUNCIL ACTION TAKEN: April 22, 2003 – Approved motion to execute 2003 County Interlocal Agreement for Street Maintenance. February 14, 2006 – Approved motion to execute 2006 County Interlocal Agreement for Street Maintenance. October 6, 2009 – Approved motion to execute 2009 County Interlocal Agreement for Road Maintenance. December 12, 2023 – Council consensus for the City to develop its own Traffic Signal Maintenance Shop BACKGROUND: Since the City incorporated in March 2003, the City has contracted with Spokane County to provide some level of support for road and traffic system maintenance. The work provided by the County has undergone change over the last 21 years as the City has grown and taken on its own road and traffic programs. For reference, the significant road and traffic maintenance activities include the following. Road Maintenance Activities – Pavement patching, pavement replacement, storm drain maintenance, roadside vegetation management, and winter operations (plowing, deicing, etc.). Traffic Maintenance Activities – Signal maintenance, street light maintenance, traffic sign maintenance, and roadway pavement markings (striping, arrows, etc.). The initial 2003 agreement provided for the County to complete all road and traffic maintenance activities for the City as the City had recently incorporated. The 2006 agreement modified the services provided by the County. This agreement included a two-year transition plan for the City to take over all road maintenance activities. It was during this period that the City established its current form of in-house road maintenance division, which includes contracting with private entities for road and stormwater maintenance activities. The 2009 interlocal agreement, currently in place, is structured so that the County provides only traffic maintenance services (signals, signs, striping, etc.) to the City. The agreement is not a reciprocal agreement as the City does not provide any services to the County. Historically, the County met the level of service required by the City regarding traffic maintenance activities. However, beginning in mid-2022 and continuing into 2023, the County has not performed the required maintenance duties due to staffing issues. On May 15, 2023, the County notified the City in writing that they could not provide traffic signal maintenance services anymore. On December 12, 2023, the City Council provided consensus for the development of a City Traffic Signal Maintenance Shop. Since the services provided by the County change with the signal shop, a new interlocal agreement is required. The proposed 2024 Interlocal Agreement is necessary to align the services provided by both the City and County. Per the agreement, the following services will be provided: County provided service to City – Traffic sign maintenance and pavement markings. Mutually provided services – Traffic signal maintenance, street light maintenance, crosswalk/flasher maintenance, road maintenance, miscellaneous services, and emergency assistance. The mutually provided services are on an as-needed, limited basis, and only if resources are available. The agreement also contains a provision for Emergency Assistance. This is of great benefit should an emergency arise (fire, windstorm, etc.), making disaster relief assistance more streamlined for services and reimbursements. The City labor rates identified in the agreement were developed to include fully burdened rates which include wages, benefits, overtime, etc. The City equipment rates are inclusive of ownership costs and maintenance costs associated with the equipment. OPTIONS: Discussion only. RECOMMENDED ACTION OR MOTION: Seeking consensus to bring a Motion Consideration for execution of the 2024 Interlocal Agreement with Spokane County to a future meeting. BUDGET/FINANCIAL IMPACTS: For 2024, the City has budgeted $405,000 for the traffic, sign, and pavement marking services provided by the County, as these are the only services anticipated this year. Should other services be provided, appropriate budgets will be reviewed as part of coordinating the activities. The funds for the work associated with the interlocal are included in the adopted 2024 budget and will be financed from Fund #101 (Street Fund). STAFF CONTACT: Bill Helbig, Public Works Director Kelly Konkright, City Attorney ATTACHMENTS: 1. 2024 Interlocal Agreement for Road and Traffic Maintenance and Miscellaneous Services 2. PowerPoint Presentation INTERLOCAL AGREEMENT FOR ROAD AND TRAFFIC MAINTENANCE AND MISCELLANEOUS SERVICES BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY THIS AGREEMENT is made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as “COUNTY” and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at 10210 East Sprague Avenue, Spokane Valley, Washington 99206, hereinafter referred to as “CITY,” jointly hereinafter referred to as the “PARTIES.” The COUNTY and CITY agree as follows. SECTION NO. 1: RECITALS AND FINDINGS (a) The Board of County Commissioners of Spokane County is responsible for the care of County property and the management of County funds and business. (b) The City Council of the City of Spokane Valley is responsible for the care of City property and the management of City funds and business. (c) Counties and cities may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RCW (Interlocal Cooperation Act). (d) Spokane County and the City of Spokane Valley desire to utilize the services of each respective party for the purpose of providing emergency assistance and roadway maintenance including, but not limited to, traffic sign, signal, pavement marking, inspection, and maintenance services on the public rights-of-way in the County and City. SECTION NO. 2: DEFINITIONS (a) Agreement: “Agreement” means this Interlocal Agreement between the CITY and COUNTY regarding road maintenance, traffic maintenance, and emergency assistance services. (b) City: “CITY” means the City of Spokane Valley. (c) County: “COUNTY” means Spokane County. (d) Maintenance and Operations: “Maintenance and Operations” and “M&O” shall mean a combination of general maintenance, repair, and installation for the proper function and performance of a road and/or traffic system. For expenditures related to services, the expenditures must be directly attributable, and proportionate to services rendered by the PARTIES under the terms of this Agreement. (e) Services: “Services” means those services identified in Exhibit A. (f)Compensation: “Compensation” means that methodology set forth in Exhibit B used to establish the amount of money which the CITY will pay the COUNTY for providing Services and the COUNTY will pay the CITY for providing Services. (g) Capital Improvement: “Capital Improvement” shall mean the capitalization threshold adopted by either the County or City during the term of the Agreement. The PARTIES shall give advance notice of any increase in the capitalization threshold. Any such expenditure will be coded as provided for in the BARS-manual adopted by the State of Washington under RCW 43.88. Interlocal Agreement Page 1 of 9 Road and Traffic Maintenance and Miscellaneous Services (h) Uncontrollable Circumstances: “Uncontrollable Circumstances” means the following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect providing of such Services. (i) Report: “Report” shall mean the Invoice Supporting Documentation set forth in Exhibit B. (j)Inspection: “Inspection” shall mean construction inspection services as identified in Exhibit A. SECTION NO. 3: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms and conditions under which the COUNTY will provide Services and/or Equipment on behalf of the CITY and the CITY will provide Services and/or Equipment on behalf of the COUNTY. As provided herein, the PARTIES will provide the road and traffic maintenance and inspection services and equipment within the other PARTY’s jurisdiction as identified in Exhibit A, attached hereto and incorporated herein. SECTION NO. 4: DURATION/WITHDRAWAL This Agreement shall commence when fully executed and run through December 31, 2024, unless one of the PARTIES provides notice as set forth in Section 7. At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year thereafter effective January 1st to December 31st unless (1) a PARTY provides written notice to the other PARTY that it is not renewing the Agreement, and (2) the notice is provided at least sixty (60) days before the upcoming renewal date. All renewals shall be subject to all terms and conditions set forth herein. Either PARTY may terminate this Agreement any time from for any reason whatsoever upon a minimum of 180 days written notice as provided for in Section 7 to the other PARTY. If a PARTY materially breaches this Agreement, the non-breaching PARTY may terminate this Agreement at any time after giving the breaching PARTY written notice of the material breach and thirty (30) days to cure said breach, and the breaching PARTY fails to cure the same. The PARTIES’ obligations to pay for services rendered prior to termination, received reimbursement for overpayments, and indemnify the other PARTY for actions taken prior to termination shall survive termination of this Agreement. SECTION NO. 5: COST OF SERVICES AND PAYMENTS The CITY shall pay the COUNTY the costs for Services and Equipment provided under this Agreement as set forth in Exhibit B, attached hereto and incorporated herein by reference. The COUNTY shall pay the CITY the costs for Services and Equipment provided under this Agreement as set forth in Exhibit B, attached hereto and incorporated herein by reference. Each PARTY adopts labor and equipment rates each year. During the duration of this Agreement, when a PARTY’s administration adopts labor and equipment rates, that PARTY shall promptly communicate said rates to the other PARTY. Upon such notice, said rates shall replace the transmitting PARTY’s rates in Exhibit B, Attachment 2. The PARTIES recognize it is highly unlikely that Exhibit B, Attachment 2, setting forth the new billing rates for each year's Services and Equipment, will be available at the start of any Interlocal Agreement Page 2 of 9 Road and Traffic Maintenance and Miscellaneous Services renewal time frame. Accordingly, until new rates have been adopted and communicated between the PARTIES, the PARTIES agree that the PARTY providing service will bill the other PARTY at the same billing rates paid in the previous year. Upon the PARTIES updated rates being adopted and mutually communicated between the PARTIES, the PARTIES will be responsible for said rates in the current billing cycle commensurate with the invoicing requirements of this agreement. Updated rates shall be included in the invoice immediately following the rate adoption. Any overpayment for any Services will be credited to the first invoiced payment due following the reconciliation. The PARTIES agree that no interest shall be owing by either PARTY to the other PARTY for any overpayment or underpayment determined as a result of the reconciliation. Within thirty (30) days of receiving notice of the other PARTY’s updated rates, the receiving PARTY may elect to terminate this Agreement upon written notice to the other PARTY. This Agreement will terminate st on the thirty-first (31) day after such notice is delivered, but the PARTIES’ obligations to pay for services rendered, received reimbursement for overpayments, and indemnify the other PARTY shall survive termination of this Agreement. The COUNTY CEO or the CITY Manager shall advise the other PARTY as soon as possible of any anticipated or unanticipated capital improvement costs that arise during the contract period. Any such capital improvement costs shall be borne exclusively by the PARTY constructing said improvements unless otherwise provided pursuant to separate agreement of the PARTIES. The PARTIES agree to invoice the responsible PARTY for the cost of Services and Equipment quarterly, by the 15th of the month for the previous quarter. The responsible PARTY will make payments to the respective PARTY by the 5th of the following month. The PARTIES may dispute any quarterly billing. Pending resolution of any dispute, the PARTIES agree that the payment shall be timely for that portion of the bill that is undisputed. In the event a PARTY disputes any quarterly billing, the dispute shall include, in conjunction with the quarterly payment for the undisputed portion of the bill, a letter stating with specificity the basis for the dispute. The PARTIES agree to meet within thirty (30) calendar days of the receipt of the documentation letter stating the basis for the disputed billing to resolve the matter. In the event the PARTIES cannot mutually resolve the matter within the thirty (30) calendar day time frame, unless otherwise agreed by the PARTIES, the matter shall be resolved pursuant to the Dispute Resolution provisions set forth in Section 17. The selection of arbitrators as provided for in Section 17 shall commence within sixty (60) calendar days after the letter stating the basis of the disputed billing is received. Any resolution of a disputed amount through use of the arbitration process identified in Section 17 shall include, at the request of either PARTY, a determination of whether interest is appropriate, including the amount. SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES The COUNTY or designees agree to attend staff meetings as requested by the CITY Manager or its designees. Likewise, the CITY or designees agree to attend staff meetings as requested by the COUNTY CEO or its designees. The PARTIES or designees agree to meet upon request to discuss any Service provided under the terms of this Agreement. SECTION NO. 7: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (2) the third day following the Interlocal Agreement Page 3 of 9 Road and Traffic Maintenance and Miscellaneous Services day on which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such PARTY, or at such other address as either PARTY shall from time-to-time designate by notice in writing to the other PARTY: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative 10210 E Sprague Avenue Spokane Valley, Washington 99206 SECTION NO. 8:REPORTING Reports: Reports shall be prepared by the PARTY providing service, documenting actual usage under this Agreement at the same time each invoice requesting payment is made, unless otherwise mutually agreed by the PARTIES. Such reports shall be in a format as mutually agreed to between the PARTIES. The content and/or format for such reports may be changed from time-to-time by written agreement between CITY and COUNTY staff. Records Review: Either PARTY shall be allowed to conduct random reviews of the records generated by the other PARTY in the performance of this Agreement. The requesting PARTY shall provide the other PARTY with reasonable advance notice of the records reviews. The receiving PARTY may withhold records that are confidential or privileged. The PARTIES agree that they will make best efforts to achieve a resolution of any potential records confidentiality issues, including entering into confidentiality agreements or other similar mechanisms that will allow disclosure of the necessary information to accurately conduct a records review. If the PARTIES will be allowed to view only those records directly relating to Services provided within the other PARTY’S corporate boundaries, then each PARTY must keep a log of original documents used to charge the other PARTY, and those documents must have identifying numbers or letters so the original source documents can be easily retrieved. SECTION NO. 9: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 10: ASSIGNMENT No PARTY may assign in whole or part its interest in this Agreement without the written approval of the other PARTY. SECTION NO. 11: EMPLOYEES The PARTIES shall appoint, hire, assign, retain and discipline all employees performing Services under this Agreement according to those collective bargaining agreements and state and federal laws that apply to the PARTY taking such action. The PARTIES agree to meet and confer with respect to staff that are assigned to provide Services. Issues of discipline or performance will be specifically handled according to the respective PARTY policies. Interlocal Agreement Page 4 of 9 Road and Traffic Maintenance and Miscellaneous Services SECTION NO. 12: LIABILITY (a)The COUNTY shall indemnify and hold harmless the CITY and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the COUNTY, its officers, agents, and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the CITY, the COUNTY shall defend the same at its sole cost and expense; provided that the CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the CITY, and its officers, agents, and employees, or jointly against the CITY and the COUNTY and their respective officers, agents, and employees, the COUNTY shall satisfy the same. (b) The CITY shall indemnify and hold harmless the COUNTY and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the CITY, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the COUNTY, the CITY shall defend the same at its sole cost and expense; provided that the COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the COUNTY, and its officers, agents, and employees, or jointly against the COUNTY and the CITY and their respective officers, agents, and employees, the CITY shall satisfy the same. (c) If the comparative negligence of the PARTIES and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the PARTIES in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. (d) Where an officer or employee of a PARTY is acting under the direction and control of the other PARTY, the PARTY directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other PARTY’S officer or employee's negligence. (e) Each PARTY’S duty to indemnify shall survive the termination or expiration of the Agreement. (f) The foregoing indemnity is specifically intended to constitute a waiver of each PARTY’S immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other PARTY only, and only to the extent necessary to provide the indemnified PARTY with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (g) The COUNTY and the CITY agree to either self insure or purchase policies of insurance covering the matters contained in this Agreement with coverages of not less than $10,000,000 per occurrence, including professional liability and auto liability coverages. SECTION NO. 13: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. The PARTIES agree that the COUNTY shall be an independent contractor and not the agent or employee of the CITY and, that the CITY is interested only in the results to be achieved and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of Interlocal Agreement Page 5 of 9 Road and Traffic Maintenance and Miscellaneous Services the COUNTY. Likewise, the PARTIES agree that the CITY shall be an independent contractor and not the agent or employee of the COUNTY, and that the COUNTY is interested only in the results to be achieved and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the CITY. Any and all employees who provide Services under this Agreement shall be deemed employees solely of the PARTY with whom the employee has a formal employer-employee relationship. Each individual PARTY shall be solely responsible for negligent acts or omissions of that PARTY’s employees under this Agreement and any liability that may attach thereto. SECTION NO. 14: MODIFICATION This Agreement may be modified in writingonly by mutual written agreement of the PARTIES. SECTION NO. 15: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in conjunction with providing the Services shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. SECTION NO. 16: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO.17: DISPUTE RESOLUTION Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and considered by the COUNTY CEO and the CITY Manager. If the COUNTY CEO and the CITY Manager cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04A RCW. The prevailing party at arbitration shall be entitled to recover their costs and attorney fees incurred in the dispute. SECTION NO. 18: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each PARTY that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. Interlocal Agreement Page 6 of 9 Road and Traffic Maintenance and Miscellaneous Services SECTION NO. 19:SEVERABILITY The PARTIES agree that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If a court, arbitrator, or any other judicial officer determines, through a lawful exercise of their jurisdiction, that any part, term, or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that is determined to be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to be modified to conform to such statutory provision. SECTION NO. 20:RECORDS All public records prepared, owned, used, or retained by the COUNTY in conjunction with providing Services under the terms of this Agreement shall be deemed CITY property and shall be made available to the CITY upon request by the CITY Manager, subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law. Likewise, all public records prepared, owned, used, or retained by the CITY in conjunction with providing Services under the terms of this Agreement shall be deemed COUNTY property and shall be made available to the COUNTY upon request by the COUNTY CEO subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law. Each PARTY will notify the other PARTY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the PARTY’S response thereto. SECTION NO. 21: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit, or extend the scope or intent of the sections to which they pertain. SECTION NO. 22: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case either PARTY fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other PARTY may, at its election, hold the other PARTY liable for all costs and damages caused by such delay. SECTION NO. 23: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the PARTIES which render legally impossible the performance by the PARTIES of its obligations under this Agreement, shall be deemed not a default under this Agreement. Interlocal Agreement Page 7 of 9 Road and Traffic Maintenance and Miscellaneous Services SECTION NO. 24:FILING This Agreement shall be filed by the PARTIESwith such offices or agencies as required by chapter 39.34 RCW. SECTION NO. 25:EXECUTION AND APPROVAL The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the PARTY for purposes of confirming this Agreement. SECTION NO. 26: INITIATIVES The PARTIES recognize that revenue-reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for the CITY, COUNTY or both PARTIES. The PARTIES agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of revenue-reducing initiative(s). If such an event occurs, the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. SECTION NO. 27: COMPLIANCE WITH LAWS The PARTIES shall observe all federal, state, and local laws, ordinances, and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO. 28: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either PARTY’S authority or powers under laws. SECTION NO. 29: SUPERSEDE This Agreement shall supersede and terminate that agreement between the PARTIES entitled “INTERLOCAL AGREEMENT FOR ROAD MAINTENANCE SERVICES IN THE CITY OF SPOKANE VALLEY” executed by Spokane County on October 27, 2009, and executed by the CITY on October 12, 2009. SECTION NO. 30:ASSURANCE The PARTIES shall pay the appropriate PARTY the true and full cost of all Services provided under this Agreement. The intent of the PARTIES is that neither PARTY will subsidize the other and that the PARTIES will not subsidize any other jurisdiction that is receiving similar services. Interlocal Agreement Page 8 of 9 Road and Traffic Maintenance and Miscellaneous Services IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. SECTION NO. 31: RECORDING PUBLICATION Per RCW 39.34.040, the PARTIES shall file this Agreement with the Spokane County Auditor prior to performing services under the Agreement. SPOKANE COUNTY – BOARD OF COUNTY COMMISSIONERS DATED: MARY KUNEY, Chair JOSH KERNS, Vice-Chair AL FRENCH, Commissioner ATTEST: AMBER WALDREF, Commissioner GINNA VASQUEZ, Clerk of the Board CHRIS JORDAN, Commissioner CITY OF SPOKANE VALLEY DATED: JOHN HOHMAN, City Manager ATTEST: APPROVED AS TO FORM: Marci Patterson, City Clerk City Attorney’s Office Interlocal Agreement Page 9 of 9 Road and Traffic Maintenance and Miscellaneous Services EXHIBIT A ROAD AND TRAFFIC MAINTENANCE AND MISCELLANEOUS SERVICES The following are examples of road and traffic maintenance services provided by PARTIES. Actual services will be in the magnitude, nature and manner requested by PARTIES for mutual aid as outlined in this exhibit. SECTION NO. 1: COUNTY – RESPONSIBILITIES FOR PROVIDING SERVICES The COUNTY has authority to provide services and equipment as identified in this exhibit within the CITY’s incorporated jurisdiction. The CITY will direct these services within the limits of the COUNTY'S operational workforce and equipment. When completing work for the CITY, the COUNTY is a contractor for the CITY and will provide services and equipment requested by the CITY so long as such are within the COUNTY'S ability to provide, at the COUNTY’S sole discretion. Actual services provided by the COUNTY shall be of the type, nature and magnitude subsequently negotiated between the CITY and the COUNTY during the PARTIES' annual budget and planning processes. After adoption of budget and plan, within the constraints of the base level services program described, the CITY may request adjustments to individual tasks to meet specific needs. The COUNTY shall consider all such requests and, whenever practicable, alter the work program as necessary. The COUNTY is a contractor of services only and does not purport to represent the CITY professionally other than in providing the services requested by the CITY. In conjunction with the CITY providing the services and equipment described in Section 2, the COUNTY, in executing this Agreement, does confer onto the CITY the authority to perform the services within the unincorporated COUNTY limits for the purposes of carrying out this Agreement. SECTION NO. 2: CITY – RESPONSIBILITIES FOR PROVIDING SERVICES The CITY has authority to provide services and equipment as identified in this exhibit outside the CITY’s incorporated jurisdiction and within the unincorporated COUNTY. The COUNTY will direct these services within the limits of the CITY’S operational workforce and equipment. When completing work for the COUNTY, the CITY is a contractor for the COUNTY and will provide services and equipment requested by the COUNTY so long as such are within the CITY’S ability to provide, at the CITY’s sole discretion. Actual services provided by the CITY shall be of the type, nature and magnitude subsequently negotiated between the COUNTY and the CITY during the PARTIES' annual budget and planning processes. After adoption of budget and plan, within the constraints of the base level services program described, the COUNTY may request adjustments to individual tasks to meet specific needs. The CITY shall consider all such requests and, whenever practicable, alter the work program as necessary. The CITY is a contractor of services only and does not purport to represent the COUNTY professionally other than in providing the services requested by the COUNTY. In conjunction with the COUNTY providing the services and equipment described in Section 1, the CITY, in executing this Agreement, does confer onto the COUNTY the authority to perform the services within the CITY limits for the purposes of carrying out this Agreement. Exhibit A Page 1 of 4 Interlocal Agreement for Road and Traffic Maintenance and Miscellaneous Services SECTION NO. 3: COORDINATION The PARTIESwill identify specific liaisons forservices to handle day-to-day operational activities related to basic and discretionary services. The liaisons will meet regularly to review scheduled daily work activities, future planned work activities, completed work activities and the overall performance of this Agreement. Emergency work, including 911 calls, will be referred directly to the appropriate personnel as determined and coordinated between the PARTIES’ liaisons. Emergency work to protect public safety and/or property will be handled as the COUNTY and/or the CITY liaisons deem necessary. Emergency work may include, but not be limited to, repair of immediate road hazards, traffic signal malfunctions, or replacement of downed stop signs. The PARTIES’ liaisons will be informed of the incident as soon as practicable. Non-emergency citizen requests, during regular operating hours, will be referred to the individual PARTIES. SECTION NO. 4: TRAFFIC MAINTENANCE The COUNTY will provide Traffic Maintenance services within the CITY limits of Spokane Valley at the levels of service established within this exhibit. Service levels as set by the CITY shall reflect CITY policies and may or may not be similar to COUNTY policies. The CITY shall be solely responsible for setting service level policies for all roadway features as the COUNTY is merely a contractor for the purpose of implementing CITY policy. The following are examples of traffic maintenance items. (a) Signs: Installing new signs, replacing faded sign faces and broken posts, straightening leaning posts, relocating signs for visibility, maintenance of vandalized signs or signs damaged by vehicle accidents, removal of signs when appropriate, provide sign maintenance records. (b) Crosswalk, Stop Bars, Arrows and Legends Pavement Markings: Refurbishing, installing new, and removal when appropriate. (c) Curb Painting: Maintenance of curbing and island painting. (d) Striping: Painting and removal of linear pavement markings such as; centerlines, edge lines, and wide lines. (e) Island Markers and Roadside Delineators: Replace, install new, and remove when requested. SECTION NO. 5: LUMINAIRE MAINTENANCE Occasionally, the PARTIES agree to provide mutual Luminaire Maintenance services as requested by either PARTY. These services will be provided when the requested PARTY has staff and equipment available for the requested service. Luminaire maintenance includes the repair and replacement of streetlight and luminaire heads, poles, wiring or bulbs in existing streetlights or luminaires which are incorporated within traffic signal and roadway systems. SECTION NO. 6: UTILITY LOCATING Occasionally, the PARTIES agree to provide mutual utility locating services as requested by either PARTY. These services will be provided when the requested PARTY has staff and equipment available for the requested service. Utility Locating services includes the identification of underground traffic facilities for utility work, pavement work, or other digging operations. Exhibit A Page 2 of 4 Interlocal Agreement for Road and Traffic Maintenance and Miscellaneous Services SECTION NO. 7: TRAFFIC SIGNAL MAINTENANCE Occasionally, the PARTIES agree to provide mutual Traffic Signal Maintenance services as requested by either PARTY. These services will be provided when the requested PARTY has staff and equipment available for the requested service. Traffic Signal Maintenance includes the replacement and cleaning of light systems for signal and flasher displays and signs, installation and repair of vehicle detector loops, installation and repair of other types of vehicle detection, checking and adjusting signal timing, programming the signal controller as approved by the engineer, examining traffic signal operation to assure it is operating as intended, inspecting hardware for wear or deficiencies, testing and repairing of electronic control devices and components, repair or replacement of signal and flasher displays, supports or wiring external to controller cabinets, testing of new and modified cabinets and control devices, traffic counter testing and repair and preventative maintenance. SECTION NO. 8: FLASHER/CROSSWALK PREVENTATIVE MAINTENANCE Occasionally, the PARTIES agree to provide mutual Flasher/Crosswalk Preventive Maintenance services as requested by either PARTY. These services will be provided when the requested PARTY has staff and equipment available for the requested service. Flasher/Crosswalk Preventative Maintenance services includes the examination of equipment to assure it is operating as intended, inspecting hardware for wear or deficiencies, and repair components as required. SECTION NO. 9: ROAD MAINTENANCE Occasionally, the PARTIES agree to provide mutual Road Maintenance services as requested by either PARTY. These services will be provided when the requested PARTY has staff and equipment available for the requested service. Road maintenance services may include, but not be limited to, patching of hard surfaced roads, the grading and patching of roadside shoulders, the patching and grading of gravel roads, the maintenance of roadside drainage systems, and winter maintenance operations. SECTION NO. 10: MISCELLANEOUS SERVICES Occasionally, the PARTIES agree to provide mutual Construction Inspection services as requested by either PARTY. These services will be provided when the requested PARTY has staff and equipment available for the requested service. Construction Inspection services may include, but not be limited to, plan review, verifying installations meet construction standards, documenting contractor activities, reviewing material submittals, helping contractor install specialized equipment, and coordination with the contracting agency. Occasionally, the PARTIES agree to provide mutual Right-of-Way (ROW) services as requested by either PARTY. These services will be provided when the requested PARTY has staff available for the requested service. ROW services may include, but not be limited to, ROW Plan review, property title review, appraisals, legal description coordination, property negotiations and settlements, and document recording. Occasionally, the PARTIES agree to provide mutual surveying services as requested by either PARTY. These services will be provided when the requested PARTY has staff available for the requested service. Surveying services may include, but not be limited to, topographic surveys, ROW or easement surveys, and legal description development and documentation. SECTION NO. 11: EQUIPMENT USAGE Occasionally, either PARTY may request the usage of the other PARTY’S equipment associated with road and traffic maintenance services. Usage of the equipment may be provided at the discretion of the requested PARTY, and the reimbursement rate for usage will follow the rates provided for in Exhibit B. The Exhibit A Page 3 of 4 Interlocal Agreement for Road and Traffic Maintenance and Miscellaneous Services equipment shall be operated by appropriately trained and licensed personnel of the receiving PARTY. Any damage to said equipment while being used by the requesting PARTY shall be repaired under the direction of the PARTY owning the equipment and repair costs shall be borne by the other PARTY. The types of equipment that may be requested include, but are not limited to, aerial maintenance vehicles (bucket trucks), traffic signal testing equipment, and construction equipment (backhoes, dump trailers, etc.). SECTION NO. 12: EMERGENCY ASSISTANCE Should either PARTY seek immediate, emergency assistance for Road and Traffic Maintenance services, the other PARTY shall determine if labor and/or equipment are available for requested assistance. If resources are available, the requested PARTY shall utilize available labor and/or equipment for requested assistance. Exhibit A Page 4 of 4 Interlocal Agreement for Road and Traffic Maintenance and Miscellaneous Services EXHIBIT B COSTS OF SERVICES AND PAYMENTS In consideration for PARTIES providing services and equipment as set forth herein, the PARTIES shall pay for quarterly costs (quarterly invoices will include costs by activity for direct labor for each employee, supervision, employee benefits, equipment rental, materials and supplies, utilities, subcontracted work and permits) after receipt of invoices and supporting documentation to include copies of timecards, updated material costs and quantities, and summary reports for labor and equipment charges. Attachment 1 identifies the billing documentation necessary for the quarterly invoices between the PARTIES. Standard labor rates can be affected by overtime, extra holiday pay, shift differential, labor contracts, and on-call rates. Labor and equipment rates are shown in Attachment 2 for 2024 and will be reviewed and modified when required. The PARTIES will notify each other in writing of any changes to or modifications of the labor and equipment rates. Estimated costs for requested services in future years will be provided by the PARTIES as a part of annual budget discussions. The PARTIES shall pay for the full cost (including salary, benefits, supplies, materials, and equipment, costs) of providing rapid-response staff in responding to emergencies as outlined in this Exhibit. Exhibit B Page 1 of 4 Interlocal Agreement for Road and Traffic Maintenance and Miscellaneous Services EXHIBIT B – ATTACHMENT 1 BILLING DOCUMENTATION The following items will be available, and may be included if agreeable by both PARTIES, throughout the billing cycle to aid in auditing the quarterly invoices for services. 1. Copies of employee time cards. 2. Current costs of inventoried items. 3. Current costs for contracted materials. 4. Current rental charges for fleet vehicles. 5. Summary Reports of Labor and Equipment. Exhibit B Page 2 of 4 Interlocal Agreement for Road and Traffic Maintenance Services EXHIBIT B – ATTACHMENT 2 LABOR AND EQUIPMENT RATES The following information outlines the labor and equipment rates for each of the PARTIES. CITY OF SPOKANE VALLEY 2024 Standard Labor and Equipment Rates LoadedLoaded MAINTENANCE WORKERSStandard RateOvertime Rate Position Title Grade Monthly (1) Hourly Hourly (2) Street MaintenanceWorker 14$12,577.71 $72.56 $104.77 Street Maintenance Foreman 15$13,974.16 $80.62 $116.40 Signal Technician I 14$12,577.71 $72.56 $104.77 Signal Technician II 15$13,974.16 $80.62 $116.40 Chief Signal Technician 16$15,525.76 $89.57 $129.32 ADMINISTRATION & MANGEMENT SOT RATE Position Title Grade MonthlyHourly Hourly (3) Public Works Superintendent18$19,169.62 $110.59 $123.58 Assistant Engineer 15$13,974.16 $80.62 $90.09 Engineer 16$15,525.76 $89.57 $100.09 Senior Engineer18$19,169.62 $110.59 $123.58 Engineering Manager 19$21,300.64 $122.89 $137.32 NOTES: (1) The "Monthly Rate" is the loaded labor rate per month for the employee at the top of the grade, including all benefits. (2) The OT rate is the loaded labor rate per hour (1.5X) for time worked over normal working hours. (3) Administration and Management are paid a loaded straight overtime time (SOT) for working beyond normal working hours. (4) Call-out after normal working hours is charged a minimum of 3 hours at the Loaded Overtime Hourly Rate for Maintenance Workers only. (5) City of Spokane Valley reserves the right to utilize any qualified worker for the Spokane County contracted work. Type Class Hourly Rate General Description Light Duty Maintenance Truck LDMT $46.00 F-150 Heavy Duty Maintenance Truck HDMT $53.00 F-350 w/ Utility Bed Bucket TruckHDBT $61.00 Dump TruckHDDT $63.00 International Dump Backhoe CEBH $141.00 John Deere 710L Snow Plow Truck HDSP $85.00 Dump Truck & One-Way Plow Exhibit B Page 3 of 4 Interlocal Agreement for Road and Traffic Maintenance Services of 4 4 $9.00 $30.00$13.00$58.00$11.00$10.00$80.00$45.00 $140.00$150.00$140.00$110.00$130.00 RATE Page HOURLY PU3/H PUFS2 TCL6SP4X4C PU4X4 TCL4ATCL8DTCL8V CLASS PTRKC SWEEP GRAD6 BACKH BROOM EQUIPMENT CHARGESCATEGORY Pickup Heavy Duty 4x4Pickup Heavy Duty 2x4Truck Class 6 BucketPickup Full Size 4x4Pickup Full Size 2x4Pickup Compact 4x4 Truck Class 7 StriperTruck Class 8 DumpGrader All WheelTruck Class 8 VactorSweeper SidecastSweeper PickupBackhoe $0.00 $58.59$74.20$83.52$77.16$89.82 n/an/an/an/an/an/an/an/an/a $103.97$126.41$134.08$100.98$109.89$134.08$110.88 2.5 X2.5 X RATE RATE (c) $35.15$44.52$50.11$62.38$75.84$80.45$46.30$53.89$60.59$65.93$80.45$41.11$66.53$64.70$56.26$48.10$62.25$57.32$38.97$44.87$56.26$60.59 SOT 1.5 X Labor and Equipment Rates RATE (b)RATE (d) SPOKANE COUNTY $23.44$41.02$46.17$57.47$69.88$74.12$42.65$49.65$55.82$60.74$74.12$60.60$61.29$95.37$82.93$66.48$86.02$79.22$53.86$62.01$77.75$83.74 Burdened RATERATE HOURLYHOURLY normal working hours. n/a $7,110$8,003$9,962$7,394$8,606$9,676$9,847$9,336 $12,112$12,847$10,529$12,847$10,624$15,497$13,476$11,523$14,911$13,732$10,748$13,476$14,515 2024 Standard RATE (a)RATE (a) MONTHLY MONTHLY working hours is charged a minimum 3 hours at the 1.5 X overtime rate for Maintenance Workers only. 16.81% - 61.94% - Technician 1 out after normal - CallAll rates are based on the most current labor contract available.Spokane County reserves the right to utilize any qualified worker for the City of Spokane Valley contracted work. County Indirect Rate tra Help Summer (5 month position)tra Help Traffic Sign Tech 1 (9 month position) -- MAINTENANCE WORKERSTITLE XXTraffic Signal Traffic Signal Technician 2Traffic Signal Technician 3Traffic Signal ForemanTraffic Sign Technician 1Traffic Sign Technician 2Traffic Sign Technician 3Traffic Sign Technician 4Traffic Sign ForemanTraffic Program AnalystAdmin Support Specialist 3 ADMINISTRATION & MANAGEMENTTITLE Traffic Engineer 3Engineer 2Engineer 1Land SurveyorReal Estate ManagerROW Agent 1ROW Agent 2PW Project Manager 1PW Project Manager 2 2024 2024 Fringe Rate (a) The "Monthly Rate" is the loaded labor rate per month for the class of employee at a top step placement, including fringe(b) The 1.5 X rate is the overtime labor charge per hour worked over (c) The 2.5 X rate is the overtime labor charge per hour worked for working recognized holidays.(d) Management is paid Straight Overtime (SOT) not the 1.5 X rate of the maintenance workers. Note 1:Note 2: Note 3: Exhibit BInterlocal Agreement for Road and Traffic Maintenance Services DRAFT ADVANCE AGENDA as of March 7, 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 March 19, 2024. NO MEETING WA DC TRIP March 26, 2024 Formal Meeting, 6:00 p.m. \[due Tue March 19\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Resolution 24-00__: Commitment to Safe Communities Councilmember Yaeger (5 minutes) 3. Motion Consideration: Mayoral Appointment Planning Commission Mayor Haley (5 minutes) 4. Motion Consideration: Street Maintenance Interlocal Agreement Bill Helbig (5 minutes) 5. Admin Report: Potential Grant Opportunity, CDBG Gloria Mantz (10 minutes) 6. Admin Report: Arts Council Contract Virginia Clough, Sarah Farr (5 minutes) 7. Advance Agenda Mayor Haley (5 minutes) 8. Info Only: Department Monthly Reports; Fire Dept Monthly Report \[*estimated meeting: 40 mins\] April 2, 2024 Study Session, 6:00 p.m. \[due Tue March 26\] th 1. Motion Consideration: Bid Award, 16 Ave. Preservation Erica Amsden (5 minutes) 2. Admin Report: Rayce Rudeen Foundation Presentation - Erik Lamb, Marsha Malsam (30 minutes) 3. Admin: Local Drug Use Regulation Kelly Konkright (5 minutes) 4. Admin Report: SVPD Update Chief Ellis (15 minutes) 5. Advance Agenda Mayor Haley (5 minutes) \[*estimated meeting: 60 mins\] April 9, 2024 SPECIAL MEETING 5:00PM \[due Tue April 2\] 1. Presentation: Andrew Ballard Follow up from 2/13/24 Workshop (3 hours) April 16, 2024 Study Session, 6:00 p.m. \[due Tue April 9\] 1. Advance Agenda Mayor Haley (5 minutes) April 23, 2024 Formal Meeting, 6:00 p.m. \[due Tue April 16\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Admin Report: Recreation Aquatic Season Preview Kendall May (15 minutes) 3. Advance Agenda Mayor Haley (5 minutes) 4. Info Only: Department Monthly Reports; Fire Dept Monthly Report April 30, 2024 Study Session, 6:00 p.m. \[due Tue April 23\] Proclamation: AAPI Heritage Month 1. Resolution: 24-___: Balfour Park RCO Grant - John Bottelli (10 minutes) 2. Admin: Post-Session Report/Presentation Virginia Clough, Briahna Murray (30 minutes) 3. Advance Agenda Mayor Haley (5 minutes) May 7, 2024 Study Session, 6:00 p.m. \[due Tue April 30\] 1. Advance Agenda Mayor Haley (5 minutes) May 14, 2024 Formal Meeting, 6:00 p.m. \[due Tue May 7\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) May 21, 2024 Study Session, 6:00 p.m. \[due Tue May 14\] 1. Advance Agenda Mayor Haley (5 minutes) Draft Advance Agenda 3/7/2024 3:03:49 PM Page 1 of 2 May 28, 2024 Formal Meeting, 6:00 p.m. \[due Tue May 21\] 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 June 4, 2024 Study Session, 6:00 p.m. \[due Tue May 28\] 1. Advance Agenda Mayor Haley (5 minutes) June 11, 2024 BUDGET WORKSHOP \[due Tue June 4\] 1. BUDGET WORKSHOP *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: 250th USA Celebration 9-1-1 calls (delays, holding, etc.) Appleway Trail Amenities City Brand Update CTR Agreement Gang Task Force Update Group Home Regulations Mirabeau Park Forestry Mgmt. ORV usage on streets Park Camera Update Park Lighting Peer Court Protection of Utility Infrastructures Vehicle Wgt Infrastructure Impact Yellowstone Franchise Agreement Draft Advance Agenda 3/7/2024 3:03:49 PM Page 2 of 2