2024, 04-02 Study Session
AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION FORMAT
Tuesday, April 02, 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
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
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CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
PROCLAMATION: National Public Health Week
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 unre
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.
ACTION ITEMS:
th
1. Motion Consideration: Bid Award, 16 Ave. Preservation Erica Amsden
\[public comment opportunity\]
2. Motion Consideration: Commute Trip Reduction Interlocal Morgan Koudelka
\[public comment opportunity\]
3. Motion Consideration: Barker Corridor Right of Way Consultant Contract Rob Lochmiller
\[public comment opportunity\]
4. Motion Consideration: Potential Grant Opportunity, Housing and Urban Development Gloria Mantz
\[public comment opportunity\]
NON-ACTION ITEMS:
5. Admin Report: Police Funding Update Erik Lamb, Deanna Gregory
6. Admin Report: Yellowstone Franchise Agreement Tony Beattie
7. Advance Agenda Mayor Haley
Council Agenda April 2, 2024 Page 1 of 2
COUNCIL COMMENTS
CITY MANAGER COMMENTS
ADJOURN
Council Agenda April 2, 2024 Page 2 of 2
Proclamation
City of Spokane Valley, Washington
National Public Health Week
WHEREAS, The week of April 1 through April 5, 2024, is National Public Health Week recognizing
the contributions of public health in the areas of improving the health of the people of the
United States and achieving health equity; and
WHEREAS, Each 10 percent increase in local public health spending contributes to a 6.9 percent
decrease in infant deaths, a 3.2 percent decrease in deaths related to cardiovascular
disease, a 1.4 percent decrease in deaths due to diabetes, and a 1.1 percent decrease in
cancer related deaths; and
WHEREAS, Public health professionals help communities prevent, prepare for, mitigate, and recover
from the impact of a full range of health threats; and
WHEREAS, Public health professionals collaborate with partners outside of the health sector,
including city planners, transportation officials, education officials, and private sector
businesses, recognizing that other sectors can influence health outcomes and support
health equity efforts.
NOW, THEREFORE, I, Pam Haley, Mayor of the City of Spokane Valley, on behalf of the Spokane
Valley City Councilmembers, do hereby proclaim the week of April 1 through April 5, 2024, as
National Public Health Week
and I encourage citizens to support the goals of National Public Health Week and the vision of Spokane
Regional Health District to help create healthy lives, safe environments, and thriving communities in the
Spokane region.
nd
Dated this 2 day of April, 2024.
Pam Haley, Mayor
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 04/02/2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
informationadmin. reportpending legislationexecutive session
th
AGENDA ITEM TITLE:Motion Consideration –BidAwardfor 16Ave PreservationProject–
Evergreen to Adams: CIP #0354
GOVERNING LEGISLATION: SVMC 3.35.10 – Contract Authority
PREVIOUS COUNCIL ACTION TAKEN:
06/20/2023-Council passed Resolution 23-007 adopting the 2024-2029 TIP, which
included this project.
02/20/2024- Admin report discussing the 2024 construction projects, which included this
project.
BACKGROUND:
th
The 16Ave Preservation project extends from Evergreen Road to Adams Road. This project
will install curb extensions to reduce pedestrian crossing distances near a school, upgrade
existing curb ramps to current ADA standards, install ITS infrastructure and complete a
grind/overlay of the asphalt pavement.
Project Costs Project Budget
Preliminary Engineering $ 51,350Fund 311 $ 1,122,539
Right of Way $ 0REET Fund $ 352,711
Construction Phase$ 1,423,900
Total Estimated Costs $ 1,475,250Total Budget: $ 1,475,250
The Engineer’s Estimate for construction was $1,217,979. The project was advertised on
February 16, 2024. The city received and opened three bids on March 1, 2024. The lowest,
responsive bidder is Shamrock Paving, Inc with a bid of $1,115,000, approximately 8% less
than the engineer’s estimate. The project’s bid tabulation is attached.
OPTIONS:1) Move to award the contract to the lowest responsive and responsible bidder, or 2)
take other appropriate action.
th
RECOMMENDED ACTION OR MOTION: Move to award the 16Ave Preservation Project –
Evergreen to Adams contract to Shamrock Paving, Inc. in the amount of $1,115,000 and
authorize the City Manager to finalize and execute the construction contract.
BUDGET/FINANCIAL IMPACTS: The total project budget is $1,475,250 and there are
sufficient funds to cover the costs for this project.
STAFF CONTACT: Erica Amsden, PE, CIP Engineering Manager
th
Ave Preservation
ATTACHMENTS: Bid Tabulation – 16
Project Limits Exhibit
FWFSHSFFO!SE/!UP!BEBNT!SE/
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 2, 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 - Interlocal Agreement for Commute Trip Reduction
(CTR)
GOVERNING LEGISLATION: RCW 70A.15
PREVIOUS COUNCIL ACTION TAKEN: Spokane County has provided CTR services as
required by law since 2003 pursuant to interlocal agreements approved by Council. An
administrative report was provided on March 26, 2024 and Council approved forwarding the item
to a motion consideration.
BACKGROUND: The CTR Law was passed by the State legislature in 1991 to address traffic
congestion, air pollution and petroleum fuel consumption. The CTR Efficiency Act was passed in
2006 requiring local governments in urban areas with traffic congestion to develop programs that
reduce drive-alone trips and vehicle miles travelled per capita. All employers with one hundred
or more full time employees are required to implement CTR programs and make good faith efforts
to achieving goals for reducing single-occupant vehicle trips. There are 18 affected employers in
Spokane Valley.
The attached interlocal agreement is between Spokane County and the City of Spokane Valley.
The agreement allows the Spokane County Commute Trip Reduction (CTR) department to retain
the City’s state-issued CTR funds in return for developing, implementing, and administering the
CTR ordinance and plan for all affected employers within the City of Spokane Valley. Spokane
County has provided CTR services for the City since 2003.
The agreement is for two years. The agreement aligns with the state budget cycle but each new
agreement comes out a few months after the previous cycle has ended. The County continues
to provide services through the interim period.
There are no substantive changes from the previous agreement. The legal department has
reviewed the agreement.
OPTIONS: Move to authorize City Manager to finalize and execute the interlocal agreement for
Spokane County to perform CTR services; keep funds and find internal staff to manage oversight
of the 18 affected employers in Spokane Valley; explore other options.
RECOMMENDED ACTION OR MOTION: Move to authorize City Manager to finalize and
execute the 2023-2025 Interlocal Agreement for Spokane County Commute Trip Reduction
Services.
BUDGET/FINANCIAL IMPACTS: The County would retain the City’s state-appropriated funds
of $121,331. If the agreement is not approved, the City would have to dedicate these funds to
the CTR program and administer the CTR programs of all 18 affected employers in Spokane
Valley.
STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst; Erik Lamb Deputy City
Manager
___________________________________________________________________________
ATTACHMENTS: (1) Interlocal Agreement; (2) List of Affected Employers in Spokane Valley
INTERGOVERNMENTAL AGREEMENT
Between Spokane County and the City of Spokane Valley
Regarding Commute Trip Reduction Implementation
THIS AGREEMENT, made and entered into by and between the City of Spokane
Valley, a municipal corporation of the State of Washington, having offices for the transaction of
business at 10210 E. Sprague Ave, Spokane Valley, WA, 99206, hereinafter referred to as the
"City" and Spokane County, a political subdivision of the State of Washington, having offices
for the transaction of business at West 1026 Broadway Avenue, Spokane, Washington, 99260,
hereinafter referred to as the "County," jointly hereinafter referred to as the "Parties."
WITNESSETH
WHEREAS, the Washington State Legislature has adopted legislation codified in RCW
70A.15.4000-4110, the purpose of which is to improve air quality, improve transportation system
efficiency and reduce the consumption of petroleum fuels through employer-based programs that
encourage the use of alternatives to the single occupant vehicle for commute trips and reduce
vehicle miles traveled (VMT); and
WHEREAS, RCW 70A.15.4020 requires counties containing urban growth areas and
cities and towns with “major employers,” that are located within urban growth areas with a state
highway segment exceeding the threshold of one hundred person hours of delay or jurisdictions
that are located in contiguous urban growth areas, or are within an urban growth area with a
population greater than seventy thousand people that adopted an ordinance before the year 2000
or jurisdictions that are located in contiguous urban growth areas, or contain a major
employment installation in an affected county to develop ordinances, plans and programs to
reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips, and
thereby reduce vehicle-related air pollution, traffic congestion and energy use, and
WHEREAS, the County and each affected city within Spokane County have adopted
Commute Trip Reduction Ordinances and must implement a Commute Trip Reduction (CTR)
Plan for all major employers; and
WHEREAS, the Washington State Department of Transportation (WSDOT) Public
Transportation Division is responsible for administering funds on behalf of the state Legislature
and is desirous of making available to Spokane County certain funds and requiring Spokane
County to enter into agreements through the Interlocal Cooperation Act or by Resolution or
Ordinance as appropriate with other jurisdictions, local transit agencies, or regional
transportation planning organizations to coordinate the development, implementation and
administration of CTR Plans and Ordinances as described in RCW 70A.15.4000-4110.
Page - 1
WHEREAS, Spokane County has entered into an agreement with WSDOT under
Agreement No. PTD0845, hereinafter referred to as "WSDOT Agreement," pursuant to which
Spokane County is eligible to receive a reimbursable amount of funds which the County will
distribute to itself and cities to implement and administer CTR Plans and Ordinances; and
WHEREAS, Spokane County has allocated $121,331 to the City from the Agreement
No. PTD0845 which the City is now desirous of making available to the County to perform those
tasks which are the responsibility of the City.
NOW, THEREFORE, for and in consideration of the mutual promises set forth
hereinafter, and as authorized under chapter RCW 70A.15.4020 (5), the parties hereto do
mutually agree as follows:
Section 1: PURPOSE
The County has entered into a WSDOT Agreement with WSDOT under which it will
receive $647,100 for two years. This funding is to be allocated to the County and cities within
Spokane County for their use in the implementation and administration of their CTR Plans and
Ordinances. The County, based upon an allocation formula established by the WSDOT, has
determined that the City shall receive $121,331 from the WSDOT Agreement from which it shall
perform certain tasks. The City agrees to its proportionate share of the monies made available to
the County in the WSDOT Agreement and agrees to allow Spokane County to retain its
proportionate share in consideration of the County performing those tasks as more particularly
set forth in Attachment "A" attached hereto and incorporated herein by reference. In conjunction
with allowing the County to retain its proportionate share of monies, the City will execute any
and all necessary documents which may be required by WSDOT.
It is understood by the parties hereto, that in order for the County to perform those tasks
as set forth in Attachment "A" for the City, the City must perform certain tasks. Attached hereto
as Attachment "B" and incorporated herein by reference, is a listing of tasks which the City
agrees to perform in conjunction with the County performing those tasks set forth in Attachment
"A."
Section 2: DURATION
The County agrees to provide those tasks set forth in Section 1 and complete performing
such tasks on or before June 30, 2025.
Section 3: TERMINATION
The parties agree that this Agreement may be terminated by either party for material
breach of any provision set forth herein, upon ninety (90) days advance written notice to the
other party at the address set forth hereinabove. Provided, however, the parties agree that any
notification of termination shall set forth the specific provision(s) for which such notification is
being provided and additionally, advise that if such default is cured within such ninety (90) day
time frame, said termination notification shall be of no force and effect. In the event of
Page - 2
termination, the County agrees to provide to the City all written documentation which it has
completed to the date of termination under the terms of this Agreement. Additionally, the County
agrees to return to the City that portion of the monies set forth in Section 1 hereinabove, which
has not been expended by the county, prior to the date of termination, on the City's behalf in
providing those tasks as set forth in Attachment "A."
Provided, further, the parties recognize that the WSDOT in Agreement No. PTD0845,
has retained the right to unilaterally terminate all or a part of such contract if there is a reduction
of funds from the funding source. Accordingly, in the event that the WSDOT terminates all or
part of the WSDOT Agreement with Spokane County, and such action affects the allocation of
funds by the County to the City herein, and/or modifies the tasks to be performed hereunder, the
parties will immediately meet to renegotiate the provisions of this Agreement.
Section 4: DESIGNATION OF ADMINISTRATOR
The County hereby designated Ms. LeAnn M. Yamamoto, the Spokane County
Transportation Demand Management Manager, as its designee for the purpose of administering
and coordinating the County's responsibilities under the terms of this Agreement.
Section 5: ACQUISITION/DISPOSITION OF PROPERTY
The parties hereto agree that any real or personal property acquired by the County with
those monies made available to the County by the City under Section 1 hereinabove shall be and
remain the sole property of the County upon acquisition and/or termination of this Agreement.
Section 6: COMPLIANCE WITH LAWS
The County agrees to observe all applicable federal, state and local laws, ordinances and
regulations including, but no necessarily limited to, the Americans with Disabilities Act and
chapter 49.60 RCW, to the extent that they may have any bearing on performing those tasks for
the City as set forth in Section 1 hereinabove. Additionally, the County agrees to comply with all
applicable funding audit requirements of WSDOT in conjunction with performing those tasks for
the City. The County agrees to make available to the City or its duly authorized representative
during normal County business hours and all records which it has kept in conjunction with
providing those services for the City as set forth herein above.
Section 7: NOTICES
All notices or other communications given under this Agreement shall be considered given
on the day such notices or other communications are received when sent by personal delivery; or the
third day following the day on which the notice or communication has been mailed by certified mail
delivery, receipt requested and postage prepaid addressed to the other Party at the address set forth
below, or at such other address as the Parties shall from time-to-time designate by notice in writing
to the other Party:
CITY: City Clerk
Page - 3
City of Spokane Valley
10210 E. Sprague Ave
Spokane Valley, WA, 99206
COUNTY: Board of County Commissioners
Spokane County Courthouse
1116 West Broadway Avenue
Spokane, Washington 99260
Section 8: HEADINGS
The section headings 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 appertain.
Section 9: MODIFICATION
No modification or amendment of this Agreement shall be valid until the same is reduced
to writing and executed with the same formalities as this present Agreement.
Section 10: ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the Parties. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the Parties hereto. The City has read and understands all of this
Agreement, and now states that no representation, promise or agreement not expressed in this
Agreement has been made to induce the City to execute the same.
Section 11: LIABILITY
The County shall indemnify, defend and hold harmless the City, its officers and
employees from all claims, demands, or suits in law or equity arising from the County’s
intentional or negligent acts or breach of its obligations under the Agreement. The County’s
duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of
the City, its officers and employees.
The City shall indemnify, defend and hold harmless the County, its officers and
employees from all claims, demands, or suits in law or equity arising from the City’s intentional
or negligent acts or breach of its obligations under the Agreement. The City’s duty to indemnify
shall not apply to loss or liability caused by the intentional or negligent acts of the County, its
officers and employees. 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.
Page - 4
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.
Each Party’s duty to indemnify shall survive the termination or expiration of the
Agreement.
Each Party waives, with respect to the other Party only, its immunity under RCW Title
51, Industrial Insurance. The Parties have specificallynegotiated this provision.
Section 12: ANTI-KICKBACK
No officer or employee of the City, having the power or duty to perform an official act
or action related to this Agreement shall have or acquire any interest in the Agreement, or have
solicited, accepted or granted a present or future gift, favor, service or other thing of value from or
to any person involved in the Agreement.
Section 13: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered
within the State of Washington. 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 of its provisions, shall be instituted only
in courts of competent jurisdiction within Spokane County, Washington.
Section 14: 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 15: SEVERABILITY
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 it
should appear 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 may 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 modify to conform to such statutory provision.
Section 16: RCW 39.34 REQUIRED CLAUSES
A. PURPOSE: See Section 1.
Page - 5
B.DURATION:See Section 2.
C.ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate
legal or administrative entity is created to administer the provisions of this Agreement.
D. RESPONSIBILITIES OF THE PARTIES: See Agreement provisions.
E.AGREEMENT TO BE FILED: The City shall file this Agreement with its City Clerk. The
County shall file this Agreement with its County Auditor or place it on its web site or other
electronically retrievable public source.
F. FINANCING: See Section 1.
G. TERMINATION: See Section 3.
H. PROPERTY UPON TERMINATION: See Section 5.
Page - 6
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day
and year first above written.
CITY OF SPOKANE VALLEY BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
John Hohman, City Manager Chair
Approved by: Vice Chair
Office of the City Attorney Commissioner
Commissioner
Commissioner
ATTEST: ATTEST:
Marci Patterson, City Clerk Ginna Vasquez, Clerk of the Board
Date Date
Page - 7
Exhibit I
Funding Allocation Methodology
RCW 70A.15.4080authorizes the CTR Board to determine the allocation of program funds made
available for the purpose of implementing CTR plans. The funding allocated for local
implementation of CTR activities from July 1, 2023 through June 30, 2025 is based on the 2023-
2025 Commute Trip Reduction (CTR) Notice of Award issued by WSDOT on June 23, 2023.
Page - 8
ATTACHMENT "A"
STATEMENT OF WORK
The County will:
1. Promote consistency within all affected local government jurisdictions within Spokane
County, while serving the City's specific needs.
2. Maintain and administer the City's CTR Ordinances and Plan.
3. Employ a full-time Transportation Demand Management Manager to administer the
County's and City's CTR Plans and Ordinances.
4. Take reasonable measures to identify and notify all affected employers within the City.
5. Assist each affected employer within the City in preparing a program and promoting
the principles of Transportation Demand Management (TDM) with the employer's
employees.
6. Maintain an appeals process consistent with RCW 70A.15.4060 (e) by which major
employers, who as a result of special characteristics of their business or its locations
would be unable to meet the requirements of a commute trip reduction plan, may obtain a
waiver or modification of those requirements and criteria for determining eligibility for
waiver or modification. Within 30 days from the date of approval, submit to WSDOT the
name and employer identification code for any worksite that has been granted an
exemption. Include information about the duration of all exemptions and information on
the type of modification granted.
7. Submit to WSDOT periodic progress reports summarizing the overall CTR
implementation costs incurred by the County and shall be reported in a format provided
by WSDOT.
8. Provide WSDOT with a public hearing notice and copies of any proposed amendments to
the CTR ordinance, plan, and/or administrative guidelines within the first week of the
public review period and final copies of all actions within one (1) month of adoption.
9. Coordinate and administer baseline and measurement CTR employer surveys. Provide
employer survey assistance, training and state-supplied survey forms.
10. Notify WSDOT prior to sending any surveys to University of Washington for processing.
The notification must include the name of the worksite, employer identification code and
type of survey for each survey being submitted for processing. The notification shall be
Page - 9
submitted as an electronic spreadsheet via electronic mail. The County agrees to wait for
confirmation from WSDOT prior to sending or delivering the surveys for processing.
11. Provide WSDOT with updated lists of affected worksites and jurisdiction contacts on a
periodic basis or as requested by WSDOT. These updates will be submitted electronically
in a format specified by WSDOT.
12. Continue to monitor the programs of each of the affected employers in the City to
determine compliance with the CTR Ordinance and Plan. Complete annual review of
employer CTR programs including a determination as to whether the employer is acting
in good faith to meet the goals established by the CTR Law.
13. Provide on-going support to all employer designated Employee Transportation
Coordinators (ETCs) and assist ETCs in facilitating regular employer networking
opportunities and obtaining information necessary to perform their duties including
information materials that explain a range of measures and activities to encourage
employee use of commute alternatives.
14. Market available services to affected employers to assist in accomplishing CTR goals.
15. Work collaboratively with and provide technical guidance and support to employers in
developing successful CTR programs.
16. Conduct at least one Basic ETC Training Course per year, using WSDOT-provided
ETC Handbook and other training materials reviewed and approved by WSDOT.
17. Provide employers with written information on basic requirements of the CTR
ordinance and goals set forth in approved CTR plans.
18. Attend transportation or health/benefits fairs at affected employer worksites to encourage
high-occupancy vehicle commuting and promote the employer's CTR program.
19. Design, construct and distribute worksite Commuting Options Boards. Provide
professional materials such as brochures, flyers, posters, newsletters, clip art and other
tools to assist employer implementation of worksite CTR programs.
20. Provide all affected employers with the WSDOT-approved "Program Description &
Employer Annual Report" form. Ensure completed reports are submitted by affected
employers to meet applicable deadlines.
21. Submit to WSDOT periodic invoices along with progress reports that accurately assess
the progress made by County, on behalf of City, in implementing RCW 70A.15.4000-
4110.
Report contents include:
a. Detailed summary of CTR events and projects, including implementation
assistance provided to affected employers within the City;
Page - 10
b. Actual total CTR expenditures used by the County for all state CTR funds
expended by the County during the previous quarter for the purpose of CTR
implementation using WSDOT pre-approved format;
c. Updated list of affected employers and worksites (electronic);
d. Total number of worksites by jurisdiction;
e. List of sites which have applied for exemptions or modifications;
22. Establish and maintain books, records, documents and other evidence and accounting
procedures and practices sufficient to reflect properly all direct and indirect costs of
whatever nature claimed to have been incurred and anticipated to be incurred solely
for the performance of this Agreement. Establish and maintain a separate "CTR
Account" within Spokane County along with supporting documentation such as payroll
and time records, invoices, contracts, vouchers or products proving in proper detail the
nature and propriety of the charges.
23. Participate in local implementation of statewide CTR public awareness and
recognition programs developed by WSDOT.
24. Offer recommendations to the City for policies on parking and site design which will
encourage the use of alternative transportation modes.
25. Encourage employers to develop site designs and improvements to office and
industrial sites that promote the use of alternative transportation modes.
26. Assist WSDOT with CTR evaluation.
27. Serve as liaison between WSDOT and cities, towns, transit agencies and regional
transportation planning organizations for the purpose of RCW 70A.15.4000-4110.
28. Continue applying for funding opportunities to further encourage the use of commute
alternatives.
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ATTACHMENT "B"
STATEMENT OF WORK
The City will:
1. Provide SpokaneCounty with copies of any proposed amendments to the CTR Plan
and Ordinance.
2. Provide Spokane County with copies of any CTR-related amendments to parking
ordinances prior to public review.
3. Develop, implement and maintain its own CTR Program as an affected employer or as
otherwise specified in the CTR Board Guidelines or RCW 70A.15.4000-4110.
4. Reimburse the County for the services provided by this Agreement in an amount equal
to the City's share of the CTR funding as provided in RCW 70A.15.4080.
Page - 12
Spokane Valley - 18 Worksites
Amazon - Valley (GEG2)18007 E. Garland Ave.
Boeing Employee Credit Union12810 E. Mirabeau Pkwy
City of Spokane Valley10210 E Sprague
EnerSys16125 E Euclid Avenue
Honeywell15128 E. Euclid Avenue
Horizon Credit Union13224 E. Mansfield Ave.
Hotstart, Inc.5723 E. Alki
Kaiser Aluminum Washington LLCPO Box 15108 99215-5108
Keytronic4424 N. Sullivan Road
Multicare Valley Hospital12606 E. Mission Avenue
Multifab, Inc.3808 N. Sullivan Rd, Building #6
Numerica Credit Union14610 E Sprague Avenue
Servatron, Inc.12825 E. Mirabeau Parkway, Suite 104
TTEC3309 N. Cherry
WA State DSHS - Trent CSO/CCNE/Region 18517 E. Trent Avenue
WA State Employment Security Department15912 E. Marietta
WA State Office of Administrative Hearings*16201 E. Indiana, Suite 5600
Department of Health*16201 E Indiana Avenue, Suite 1500
Wagstaff, Inc.3910 N. Flora Road
* Co-located worksites - state agencies located in same building with under 100 employees, combined count as 1 affect
Spokane Valley, WA 99216
Spokane Valley, WA 99216
Spokane Valley, WA 99206
Spokane Valley, WA 99216
Spokane Valley, WA 99216
Spokane Valley, WA 99216
Spokane Valley, WA 99212
Spokane Valley, WA 99215
Spokane Valley, WA 99216
Spokane Valley, WA 99216
Spokane Valley, WA 99216
Spokane Valley, WA 99216
Spokane Valley, WA 99216
Spokane Valley, WA 99212
Spokane Valley, WA 99206
Spokane Valley, WA 99214
Spokane Valley, WA 99216
Spokane Valley, WA 99216
Spokane Valley, WA 99216
ted worksite
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 2, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
informationadmin. reportpending legislationexecutive session
AGENDA ITEM TITLE: Motion Consideration: Consultant Agreement-South Barker Road
Corridor Improvements, Right-of-Way Services
GOVERNING LEGISLATION: RCW 35.77.010, Perpetual Advanced Six-Year plans for
coordinated transportation program expenditures.
PREVIOUS COUNCIL ACTION TAKEN:
June 7, 2022: Council consensus to bring a resolution for Council approval consideration
for Transportation Impact Fee Rate Studies for the External Areas of the South Barker
Corridor;
June 14, 2022: Council passed Resolution 22-012, adopting Transportation Impact Fee
Rate Studies for the External Areas of the South Barker Corridor;
June 20, 2023: Council passed Resolution 23-007, adopting the 2024-2029 Six Year
Transportation Improvement Plan, which included the Barker Road Corridor (Mission
Ave. to South City Limits);
July 11, 2023: Council authorized staff to applying for a TIB Grant for the intersection
th
improvements at Barker Road and 8Avenue;
BACKGROUND:
The 2022 South Barker Corridor Study recommended several traffic and multi-model
improvements on S. Barker Road from the south City limits to Mission Avenue. Engineering has
completed the preliminary engineering and environmental (NEPA) work associated with the
improvements, south of Appleway Boulevard. The planned improvements within these limits
include widening Barker Road from two to three lanes (center turn lane), install bike lanes,
stormwater improvements, curb, and sidewalks. Improvements also include intersection
thth
improvements at E. Sprague Avenue, E. 4 Avenue and E. 8 Avenue converting these stop-
controlled intersections to single lane roundabouts. The Barker and Sprague roundabout was
constructed in 2022.
The South Barker Corridor Improvement Project is currently broken up into four smaller projects:
#205 Sprague and Barker Intersection Improvements (PE, ROW and CN)-Completed
#329 Barker Road Improvements-Appleway to City Limits (PE & ROW)
#348 Barker Road Improvements-Appleway to I-90 (PE Only)
#351 Barker Road Improvements-Appleway to Sprague (ROW and CN)
To construct the remaining corridor improvements, south of Appleway Blvd, for projects #329
and 351, additional right-of-way (ROW) will be needed from the majority of the abutting property
owners. The existing ROW width varies between 60 to 65 feet in width. A 70-foot ROW width
will be needed for the full proposed road and sidewalk improvements. Additional ROW will also
be needed at intersections and proposed stormwater pond locations.
Withreceiving federal grants for the South Barker Corridor, the ROW must be acquired in
accordance with the “Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended.” To follow these federal ROW requirements and to go through the right-
of-way certification for each project, the Engineering Division relies on approved, expert
consultants to perform the appraisals, negotiations, and acquisitions for the right-of-way for all
federal funded projects.
Engineering solicited Statements of Qualifications for consultants, as required by federal and
state guidelines, from firms to provide ROW services for the South Barker Corridor Improvement
Project south of Appleway Blvd. The most qualified firm through the consultant selection
process was Epic Land Solutions, Inc. After selection, the City has negotiated a fee with Epic to
provide the right-of-way services needed for the South Barker Corridor, south of Appleway Blvd.
The final negotiated fee is $675,572.00. The federal and state grants received to date will
completely fund the consultant agreement. These grants include:
FFY 2022 Congressional Directed Spending (CDS) $3,000,000 Federal
Surface Transportation Block Grant-Urban (STBG) $1,083,400 Federal
2023-2025 Transportation Budget-Capital Projects (FMSIB) $3,000,000 State
OPTIONS: 1) Authorize the City Manager to execute the consultant agreement with Epic Land
Solutions, Inc for right-of-way services on the South Barker Corridor Improvements. 2) Take
other appropriate action.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and
execute the consultant agreement with Epic Land Solutions, Inc in an amount not to exceed
$675,572.00 for the South Barker Corridor Improvements.
BUDGET/FINANCIAL IMPACTS: The City has secured $7,083,000 of federal and state grants
to help fund the right-of-way phases and construction phases of the South Barker Corridor
Improvements. A portion of these funds will be used to completely fund the right-of-way
services agreement. Staff will continue to pursue additional funding opportunities for the
remaining planned corridor improvements as they become available and as directed by Council.
Currently, the remaining unfunded corridor costs are estimated at $31 million. This amount
does not reflect future anticipated impact or mitigation fees.
STAFF CONTACT: Rob Lochmiller, Engineer Manager
___________________________________________________________________________
ATTACHMENTS: Consultant Agreement
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 2, 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: Housing & Urban Development (HUD) 2024 Program Funding
GOVERNING LEGISLATION: CDBG – Federal Department of Housing and Urban Development
(HUD) 24 CFR § 570; Chapter 39.34 RCW
PREVIOUS COUNCIL ACTION TAKEN: In 2023, Council elected to defer its entitlement and to
participate as part of the urban county consortium for the next three-year cycle (2024-2026).
Administrative report to Council February 6, 2024.
BACKGROUND: The City of Spokane Valley participates in the Spokane County urban
consortium for the HUD Entitlement Funds including the Community Development Block Grant,
the Home Investment Partnership Program (HOME) and the Emergency Solutions Grants (ESG).
Each year the Federal Department of Housing and Urban Development provides HUD entitlement
funding to Spokane County.
In 2023, the City entered into a new cooperation agreement (attached) that increased the City’s
set-aside for CDBG, HOME and ESG based on its share of Consortium population. In previous
agreements, the City did not have a set-aside for the HOME and ESG funds.
Spokane County recently a Requests for Proposals (RFP) for the use of HUD entitlement funds
for the program year 2024, as well as several other funding sources for which the City does not
have an entitlement. Proposals were due on March 8, 2024.
Available funding amounts in the current RFP are as follows:
Community Development Funding
CDBG - $1.5M region-wide, $445K City set-aside
Homeless Services Funding
Consolidated Homeless Grant (CHG) - $4,270,449
Document Recording Surcharge - $750K for Homeless Services
ESG - $225K region-wide, $45K City set-aside
Affordable Housing Funding
HOME - $2.75M region-wide, $290K City set-aside
HOME for Community Housing Development Organization (CHDO) - $500K
Document Recording Surcharge – 500K
Affordable & Supportive Housing, Sales and Use Tax - $750K
Spokane County received 53 applications (attached), with a total request of $21.5M, see attached
table summarizing the funding request. The applications are grouped according the funding types:
Affordable Housing, Community Development and Homeless Services. The Housing and
Community Development Advisory Committee (HCDAC) is currently reviewing and rating the
applications and will provide funding recommendations on April 11, 2024. At tonight’s meeting,
Page 1 of 2
Councilmember Wick and Deputy Mayor Hattenburg will discuss the applications with the rest of
council and seek consensus on how to prioritize the applications at the April 11 meeting.
The HCDAC recommendations will be presented to the Board of County Commissioners for a
formal funding decision in May 2024.
RECOMMENDED ACTION OR MOTION: None.
BUDGET/FINANCIAL IMPACTS: There are no budget impacts for the City.
STAFF CONTACT: Gloria Mantz, City Services Administrator and Sarah Farr, Accounting &
Finance Program Manager
ATTACHMENTS:
PowerPoint Presentation
Summary of funding requests – Community Development
Community Proposals
Summary of funding requests – Homeless Services
Homeless Services Proposals
Summary of funding requests – Affordable Housing
Affordable Housing Proposals
Page 2 of 2
aside )
-
aside )
-
aside)
-
aside)
-
$2.75M ($290K City’ set
–
$1.5M ($445K City’ set
-
aside $780K)
-
Sales and Use Tax (Local)
$225K ($45K City’s set
Homeless Services
-
Affordable Housing (Local)
–
––
$11.3M ( City’ set
-
Community Housing Development Organization (CHDO) (Federal)
–
Community Development Block Grant (CDBG) Home Investment Partnership Program (HOME) Emergency Solutions Grant (ESG) HOME Document Recording Surcharge Affordable & Supportive Housing
Document Recording Surcharge Consolidated Homeless Grant (CHG) (State)
————————
All community development, affordable housing and homelessness funding sources administered by Spokane CountyHousing Urban Development (includes City’s setOther funding sources Total
funding available
CDBG Project Types & Funding
income people
-
aside $290K
-
Building, buying, and/or rehabilitating affordable housing for rent or homeownershipDirect rental assistance to lowPermanent supportiveMulti family serving LMI individualsSenior housingTransitional
housing$2.75M regionwideCity set
————————
HOME Project Types & Funding
housing activity
-
aside $45K
-
Rehabilitate or convert buildings for use as emergency sheltersCertain expenses for the operation of emergency sheltersEssential services related to emergency sheltersStreet outreach
for the homelessHomeless prevention and rapid re2024 is the first year that Spokane County is eligible for ESG$225k regionwideCity set
————————
ESG Project Types & Funding
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 2, 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: Police Funding Update
GOVERNING LEGISLATION: Interlocal Agreement with Spokane County and the Spokane
County Sheriff’s Office for Law Enforcement Services (No. 17-104.06) (“Interlocal Agreement”).
PREVIOUS COUNCIL ACTION TAKEN: Interlocal Agreement for Law Enforcement Services as
provided by the Spokane County Sheriff’s Office (“Sheriff”) to the City of Spokane Valley, contract
number 17-104, adopted by Council on July 25, 2017, amended multiple times and renewed on
November 22, 2022; Administrative Report from Matrix on April 18, 2023. Staff presented the
Police Calls for Service and Staffing Evaluation completed by Matrix on November 6, 2023. Staff
presented an update on implementation of the Matrix recommendations on January 30, 2024.
Spokane Valley Police Chief Ellis provided an administrative report on the Spokane County
Sheriff’s Office new recruitment and retention plan on February 6, 2024. On February 13, 2024,
City Council ranked public safety as its top priority for 2024. On February 27, 2024, City Council
voted to approve hiring of ten new commissioned officers, one civilian analyst, and the shared
lieutenant for the Office of Professional Standards.
BACKGROUND:
The City has proactively managed law enforcement services since incorporation through ongoing
contracted law enforcement services with the Spokane County Sheriff’s Office. Pursuant to the
Interlocal Agreement renewed in 2022, the parties have agreed to 91 dedicated Spokane Valley
officers and 37 commissioned officers that are shared between Spokane Valley and Spokane
County. In 2023, the Sheriff’s Office added two additional shared positions – one for RIG 9
Investigative Unit tied to the Real Time Crime Center and one for an administrative undersheriff
position (originally an undersheriff that went to a civilian position and returned to an undersheriff
position). A third shared position for a lieutenant in the Office of Professional Standards was
added in the late fall of 2023, which is one of the positions recommended by Matrix (discussed
below). There are six patrol districts in Spokane Valley and Spokane Valley Police are required
to provide a minimum of one patrol officer per district on duty at all times.
Calls for service remained relatively stable in the city’s early years from 2004 through 2011.
However, as the City has continued to grow, we have seen calls for service increase significantly
year-over-year. Since 2011, calls for service have increased 63%. In the five-year period from
2017 to 2022, citizen calls for police service (excluding Crime Check calls) increased from 43,873
to 51,193, an increase of 17%. In response, the City has made several modifications over the
years to the Interlocal Agreement and law enforcement services (described in more detail in the
RCA for the items on January 30 and February 27, 2024). Despite these efforts, response times
have increased and the number of officer-initiated calls have decreased, meaning there is less
time for officers to conduct proactive policing. As a result, in late 2022, the City hired Matrix
Consulting Group Ltd. (“Matrix”) to complete a review of the Spokane Valley Police Department,
the calls for service, responses to calls for service, caseload for investigative units, and
operational delivery.
1 | Page
Relevant to the discussion tonight, Matrix made the following staffing recommendations:
Recommended increases:
• 25 additional dedicated commissioned officers
• 3 shared dedicated commissioned officers
• 2 civilian positions
• Note: through this process, staff identified significant challenges obtaining consistent,
timely data, and so recommend an additional civilian contract analyst.
On January 30, 2024, staff presented an extensive update on implementation of the
recommendations in the Matrix report. As part of that discussion, staff identified initial estimated
costs for full implementation and possible funding options, which included a public safety sales
tax, levy lid lift, and utility taxes. Chief Ellis identified that due to practical and logistical reasons,
the Sheriff’s Office could likely only hire approximately 10 officers in the first year, so full
implementation would likely take multiple years to complete.
On February 27, 2024, City Council unanimously approved an initial phase of implementation to
add ten additional dedicated new positions, account for the new shared lieutenant in the Office of
Professional Standards hired in 2023, and authorized the contract analyst position. Total
estimated costs for the initial phase are estimated at approximately $2.75 million, with $2.125
million for recurring costs and $624,000 for one-time costs. Funding for the initial phase without
additional revenues was made possible by prioritizing public safety within existing resources,
which is possible primarily due to the recently enacted Transportation Benefit District (“TBD”)
vehicle license fee and repurposing the streetwear fee to street maintenance. It also utilizes a
portion of the $1 million available from ARPA and identified by Council to go towards law
enforcement for one-time vehicle costs. The complete Request for Council Action (RCA) for both
the January 30 and February 27 items are available on the City Council agenda website for review
– www.SpokaneValleyWA.gov/Agendas.
After the initial phase, there are 19 remaining positions recommended by Matrix. Tonight, other
funding options for the remaining positions will be discussed. While non-voter approved funding
options exist to fund the remaining positions, such as utility taxes, to date Council has indicated
a desire to consider voter-approved measures for any new revenue sources. Thus, tonight the
two primary voter-approved options for a levy lid lift or public safety sales tax will be discussed.
Note that there are timing implications if Council desires to put a funding measure on the ballot at
either the August or November election dates in 2024.
Costs. Theinitial phase costs were estimated at $2.75 million, which included $2.125 million for
recurring costs for the initial 12 positions and $624,000 one-time costs primarily for vehicles and
other equipment. Phase 2 costs for the remaining 19 positions are estimated to be approximately
$4.34 million, which includes approximately $3.35 million in recurring costs and $990k for one-
time vehicle and equipment purchases.
Note that while these are direct costs estimated for the new police positions, there are also costs
for additional space (new offices) and potential costs for impacts to other public safety contracts
that should be considered. For example, with more officers, there are likely to be more arrests,
which would result in increased usage and costs within the court, public defender, prosecutor,
and jail service contracts. In addition to Law Enforcement, the City pays $5,624,501 for all other
aspects of public safety, including detention services, court services, prosecution, and public
defense services.
The City does not have the $4.34 million need to fund ongoing costs for the remaining 19 positions
in the current 2024 budget and beyond. A new revenue source will be required to fund the
remaining positions.
2 | Page
Voter-Approved Options: Levy Lid Lift and Public Safety Sales Tax. As identified on January
30, 2024, there are two primary voter-approved funding options – a levy lid lift to increase property
taxes, and a public safety sales tax. Information about each option is included below.
Property tax – Levy Lid Lift (RCW 84.55.050). Generally, the City is limited to increasing
property taxes by the lower of 1% or inflation; however pursuant to state law, the City may
increase its property tax levy above the 1% limit so long as the levy does not result in a
levy rate that exceeds $1.60/$1,000. In order to increase its levy in this way, the City must
submit a levy lid lift to the voters and must receive a majority of voter approval (50%+1) to
be successful. Levy lid lifts may be phased over a period of years (e.g., raising an
additional $1 million in year one, an additional $2 million in year two, etc.) to accommodate
phased revenue needs, or may be implemented in a single year. Levy lid lifts may be
permanent or temporary. Levy proceeds may be restricted for particular purposes (e.g.,
public safety) or be used for any general governmental purpose depending on the
language in the ballot measure.
The City’s 2024 levy is $13,806,002, which results in a levy rate of approximately
$0.787/$1,000 of assessed value. The total additional revenue possible with a levy lid lift
is approximately $14 million, which would result in the maximum possible levy rate of
$1.60/$1,000 of assessed value. For smaller amounts, the levy rate would increase
$0.057/$1,000 for each $1 million raised. Thus, to levy an additional $4.34 million, the
levy rate would increase an additional $0.247/$1,000 to $1.035/$1,000.
On a median home with a value of $439,000, an increase in the property tax levy of $4.34
million per year would raise property taxes approximately $98.95 per year.
Note that the City’s beginning property tax rate was $1.60/$1,000 of valuation as the City
collected the maximum amount allowed by law. Due to a combination of statutory
restrictions on annual levy increases, the Council foregoing statutorily authorized
increases for 15 years, and rapidly rising assessed values, the City’s property tax rate has
decreased over time to the current rate of $0.787/$1,000.
City Council may opt to allow exemptions available for a levy lid lift for senior citizens,
disabled veterans, and certain others with disabilities.
While the focus of this discussion is on voter-approved options, another consideration for
property taxes is that the City Council may take its “banked” capacity, which is the
difference between what the City could levy if it had taken the statutorily authorized
increases each year and the amount the City actually levies. City Council has not taken
the statutorily authorized property tax increase since 2009. The banked capacity for 2024
is $1,197,507. The banked capacity can be accessed by the City through the annual
property tax levy ordinance adopted by the Council. Accessing the banked capacity does
not mean we can go back in time and collect the property taxes we’ve left behind. It simply
means we can reset the base upon which the calculation is made in future years. This
means that if the Council desired to use banked capacity, it could legislatively raise the
levy by $1,197,507 for collection in 2025 and beyond. Note that the City may only take
the banked capacity up to a level where the levy rate per $1,000 of assessed value does
not exceed $1.60/$1,000.
Electing to use banked capacity would increase the levy rate to approximately
$0.86/$1,000, which is well below the statutory limit. On a median home with a value of
$439,000, taking the banked capacity of approximately $1.19 million would result in an
increase in taxes of approximately $29.98 per year.
3 | Page
If Council desires to implement increases to property taxesthrough either a levy lid lift or
use of banked capacity, those increases take effect in the next year’s levy. Thus, any
increase approved in 2024 will not take effect until the levy in 2025. Any increase
approved in 2025 will not take effect until 2026.
For comparison purposes, Spokane Valley Fire Department’s operational levy results in a
levy rate of $1.48/$1,000. The Fire Department also has an additional voted levy of
$1.00/$1,000, resulting in a total fire levy rate of $2.48/$1,000.
Sales Tax – City Public Safety (RCW 82.14.450). Pursuant to state law, the City is
authorized under State law to levy up to 0.1% public safety sales tax if approved by a
majority of voters at the primary or general election (August or November). At least one-
third of the revenues must be used for criminal justice and/or fire protection purposes.
Auto sales and the first 36 months of a vehicle lease are exempt from the public safety
sales tax. Note that counties may also levy a public safety sales tax and the combined
county and city public safety sales tax may not exceed 0.3%. Currently, the County has
levied a 0.1% public safety sales tax, of which the City receives a portion (approximately
$1.6 million annually).
If the City levied its own 0.1% criminal justice sales tax, it would receive 85% of the tax
proceeds and the County would receive the remaining 15%. The public safety sales tax
would increase sales taxes to 9.0% in Spokane Valley. This would result in estimated
collections of $2.6-$2.8 million based on 2022 and 2023 sales tax collection trends.
Approximately 48% of sales taxes are estimated to be paid by non-Spokane Valley
residents.
A sales tax increase takes effect on January 1, April 1, or July 1, and no sooner than 75
days after the Department of Revenue receives notice of a favorable election (typically
after the election is certified). Thus, a sales tax increase approved in August 2024 would
take effect January 1, 2025. A sales tax increase approved in November 2024 would take
effect April 1, 2025 (January 1 is less than 75 days from November 5). Further, since the
public safety sales tax may only be submitted at the primary (August) or general
(November) election dates, if Council does not place it on the ballot this year, it will have
to wait until August of 2025 to place it on the ballot.
Note that there are non-voted options for funding, including utility taxes, that have been previously
discussed and which are still available. Information about these options is provided in the
materials presented on January 30 and February 27. Implementation of certain non-voted funding
options, such as utility taxes, could allow funding and hiring of officers to occur in 2024.
Voter-approved measures – Election Process.
If Council desires to place a measure on either the August or November elections in 2024, there
are several time-sensitive requirements. Pacifica Law Group, the city’s outside bond counsel, will
provide a detailed overview of the requirements to place a measure on either the August or
November elections. That information is included in the PowerPoint attached to this RCA.
Community Input: The City will host several community input opportunities in April regarding
the police staffing implementation project. These include:
Open House - Stop by any time to learn more and share your thoughts
o Tuesday, April 2 from 5 to 6 p.m. in the City Hall lobby before the City Council
meeting
4 | Page
o Tuesday, April 9 from 11 a.m. to 12:30 p.m. in the CenterPlace 2nd floor lounge
– Partnering with the Senior Center
o Wednesday, April 17 from 1 to 2:30 p.m. at the Spokane Valley Library – Bring
the kids for storytime and cookies with a cop!
Community Conversation – Meeting with a presentation and Q&A
o Thursday, April 11 from 8 to 9:30 a.m. at the CenterPlace Regional Event Center
and via Zoom – Registration is through Greater Spokane Valley Chamber of
Commerce for this date only
o Monday, April 15 from 5 to 7 p.m. at the Centennial Middle School gym
Online Survey – Ongoing (postcard mailed to 53,000 residences and businesses)
Next Steps: If Council desires to place a ballot measure on the August 6 election, Council would
need to approve the election ordinance by April 23 and to create “pro” and “con” statement
committees at around the same time. Given these timing issues, staff are seeking direction on
whether to begin preparing election documents for Council consideration for an August election,
or to continue to develop other funding options for a later election or other funding method.
OPTIONS: Discussion.
RECOMMENDED ACTION OR MOTION: Discussion.
BUDGET/FINANCIAL IMPACTS: Implementation of phase 1 is estimated to cost approximately
$2.75 million for ten dedicated officers, one shared lieutenant in the Office of Professional
Standards, and a contract analyst. This amount includes approximately $2.125 million annually
in ongoing costs, with an additional $624,000 required for one-time vehicle and equipment costs.
Implementation of phase 2 for the remaining 19 positions is estimated to cost $4.34 million. This
amount includes approximately $3.35 million for recurring costs and $990k for one-time vehicle
and equipment costs. No revenue source has been identified to fund these positions. Costs for
administering an election range from $30,000 to $200,000, depending on the number of other
election measures running and other factors such as how many ballots must be prepared.
STAFF CONTACT: Erik Lamb, Deputy City Manager; Morgan Koudelka, Senior Administrative
Analyst; Dave Ellis, Spokane Valley Police Chief; Chelsie Taylor, Finance Director; Deanna
Gregory, Pacifica Law Group
ATTACHMENTS:
1. Powerpoint
2. Phase 2 cost estimate
5 | Page
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 2, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
informationadmin. reportpending legislationexecutive session
AGENDA ITEM TITLE: Administrative report – Draft Ordinance 24-006 Amending Yellowstone Pipe
Line Company Franchise
GOVERNING LEGISLATION: RCW 35.47.040; RCW 35A.11.020.
PREVIOUS COUNCIL ACTION TAKEN: November 23, 2021 - Approval of Ordinance 21-022
granting City-wide franchise to Yellowstone Pipe Line Company.
BACKGROUND: The City Council approved Ordinance 21-022 on November 23, 2021, which granted a
25 year franchise to Yellowstone Pipe Line Company (Yellowstone) to construct, maintain, and operate its
petroleum products pipeline in the City’s rights-of-way. It is important to note that it only granted authority
relative to rights-of-way controlled by the City, but not other public property owned by the City.
The City has been working to finalize the design for the Pines Road Grade Separation Project (Pines GSP)
over the past year. In doing so, it became clear that the location of the underpasses will materially interfere
with the current location of Yellowstone’s facilities, which were placed in the BNSF corridor in 1952
pursuant to an easement granted to Yellowstone. As part of the Pines GSP planning, the City purchased
parcel number 45033.5010, which will be the location of the southerly starting point for the relocated Pines
Road.
Yellowstone evaluated design alternatives for their relocation and found extending the pipeline to the south
on the city owned parcel was less costly than remaining in their existing alignment. Pursuant to the design,
Yellowstone’s pipeline will be redirected south from their existing facility, cross under the proposed Pines
Road alignment just north of Pinecroft Way, then turn north and reconnect with the original pipeline
location.
The City needs to amend Ordinance 21-022 to include this specific parcel in the franchise granted to
Yellowstone in order to accommodate their relocation efforts in conjunction with the Pines GSP.
There are terms in the franchise that are very important for protecting the life, health, and safety of our
citizens and businesses, including hazardous materials handling requirements, safety plan requirements,
and very high insurance coverage requirements in the unlikely event of a spill or explosion. If approved,
this amendment would be subject to all of the terms of Ordinance 21-022 that are not specifically amended
by this ordinance. This includes requirements for Yellowstone to include this ordinance in its insurance
certificates naming the City as an additional insured, and adding this ordinance to the schedule listed in its
guarantees.
OPTIONS: (1) Consensus to advance the draft franchise amendment, Ordinance 24-006, to an ordinance
first reading; or (2) take other action as appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to place the proposed franchise amendment
with Yellowstone Pipe Line Company, Ordinance 24-006, on a future agenda for an ordinance first reading.
BUDGET/FINANCIAL IMPACTS: None anticipated specific to this franchise. However, the agreement
with Yellowstone for reimbursement for its relocation efforts will contain costs associated with the Pines
GSP capital improvement project, and will be brought forward at a later time.
STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney
___________________________________________________________________________
ATTACHMENTS:
(1) Draft Ordinance 24-006 Amending Yellowstone Pipeline Company Franchise
(2) Ordinance 21-022 – Yellowstone Pipe Line Company Franchise
(3) Map of Franchise Area
Draft
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 24-006
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING, MODIFYING, AND SUPPLEMENTING THE PROVISIONS OF
ORDINANCE 21-022, RELATING TO GRANTING A NON-EXCLUSIVE FRANCHISE TO THE
YELLOWSTONE PIPE LINE COMPANY TO CONSTRUCT, OPERATE, MAINTAIN,
REMOVE, REPLACE, AND REPAIR EXISTING PIPELINE FACILITIES FOR THE
TRANSPORTATION OF PETROLEUM PRODUCTS AND BYPRODUCTS WITHIN AND
THROUGH THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING
THERETO.
WHEREAS, Yellowstone Pipe Line Company (hereinafter “Yellowstone”) owns and operates
certain facilities related to a petroleum pipeline within and through the City of Spokane Valley (hereinafter
(“City” or “the City”) through a franchise agreement granted by Ordinance 21-022 in 2021; and
WHEREAS, Ordinance 21-022 governs Yellowstone’s existing pipelines in City rights-of-way, but
not other City-owned property; and
WHEREAS, Yellowstone currently has facilities in the Burlington Northern Santa Fe (BNSF) rail
corridor in the vicinity of Pines Road, running generally in a linear fashion from east to west; and
WHEREAS, the City is currently in the design stage for the construction of a grade separation
project that will result in Pines Road being relocated to the east of its current configuration, and which will
require reconstruction of Pines Road under the BNSF rail lines; and
WHEREAS, Yellowstone’s facilities are currently at a depth and location that will conflict with
the construction and operation of relocated Pines Road; and
WHEREAS, the City purchased a parcel of land, 45033.5010 in 2017 for the purpose of relocating
Pines Road east of its current configuration; and
WHEREAS, because the existing franchise granted through Ordinance 21-022 only relates to the
facilities in rights-of-way as they existed on the date the franchise became effective, the Parties desire to
amend Ordinance 21-022 to include the planned relocated portion of Yellowstone facilities in the future
right-of-way on parcel 45033.5010; and
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
Yellowstone Pipe Line Franchise Ordinance 24-006 Page 1 of 5
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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, the City of Spokane Valley previously adopted Ordinance 21-022 on November 23,
2021 granting a non-exclusive franchise to the Yellowstone Pipe Line Company; and
WHEREAS, Yellowstone Pipe Line Company (hereinafter “Yellowstone”) provided the City of
Spokane Valley with notice of intent to relocate the Yellowstone facilities within the franchise area to
Spokane County tax parcel # 45033.5010 to accommodate the aforementioned realignment of Pines Road;
and
WHEREAS, this Ordinance 24-006, amending Ordinance 21-022, has been submitted to the City
Attorney for review prior to its passage; and
WHEREAS, the Council finds that this Ordinance 24-006, an amendment to the grant of the
franchise to Yellowstone contained in Ordinance 21-022 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. Purpose. The purpose of this Ordinance is to amend the Franchise granted to Yellowstone in
Ordinance 21-022 by expanding the original Grant of Franchise to accommodate the relocation of
Yellowstone’s facilities from the BNSF rail corridor to the City-owned Spokane County parcel number
45033.5010, which is the subject of a capital improvement project involving the grade separation of Pines
Road. Nothing herein shall be construed as an authorization or a permit for the actual construction or
relocation of Yellowstone’s facilities onto City-owned parcel 45033.5010. Yellowstone is still responsible
to obtain all permits, authorizations and agreements for all work as required by Ordinance 21-022, and will
coordinate all work with the City so as to not negatively impact the City’s project, CIP number 0223.
Section 2. Amendment. The definition of “franchise area” in section 1 of Ordinance 21-022 is hereby
amended as follows:
franchise area – shall mean the area within the jurisdictional boundaries of the City where Yellowstone
currently has facilities in the pipeline corridor, including any areas annexed by City during the term of this
franchise, in which case the annexed area shall become subject to the terms of this franchise. Franchise
area shall also mean the areas on the City-owned Spokane County parcel number 45033.5010 depicted and
described in Exhibit 2.
Formatted: Indent: First line: 0"
Section 3. Amendment. Section 2 of Ordinance 21-022, is hereby amended to include the following new
section.
2.1.1 In addition to the Grant of Franchise pursuant to section 2.1, the City hereby grants to Yellowstone,
a corporation organized and existing under and by virtue of the laws of the State of Delaware, and which is
authorized to transact business within the State of Washington, its successors and assigns (as provided in
Section 4), the right, privilege, authority and franchise to relocate its existing facilities to, operate and
maintain said facilities necessary for the transportation, distribution and handling of any petroleum product
or byproduct thereof, liquids and gases, in the locations of Spokane County parcel number 45033.5010 as
specifically depicted and described in Exhibit 2, to the extent necessary to accommodate the City’s Pines
Road grade separation project, CIP number 0223.
Yellowstone Pipe Line Franchise Ordinance 24-006 Page 2 of 5
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Section 4. New Exhibit. Ordinance 21-022 is hereby amended to include the attached and herein
incorporated Exhibit 2.
Section 5. Amendment. Section 2.8 of Ordinance 21-022 is hereby amended as follows:
2.8 The parties acknowledge that Yellowstone has facilities on private property and Interstate 90 (I-90)
within the City limits, in addition to those on publicly-owned rights-of-way and eventually parcel number
45033.5010 that are subject to this franchise, and that the terms of this franchise do not apply to those
facilities located on private property or within the I-90 corridor. A route map of Yellowstone’s facilities,
including whether located on private or public property, is attached as Exhibit 1. Provided however, that
the terms of this franchise specifically apply to the relocation activities of Yellowstone’s facilities from the
BNSF rail corridor and other property to city-owned parcel number 45033.5010 to the extent necessary to
accommodate the City’s Pines Road/BNSF Grade Separation Project, CIP number 0223, and the relocation
depicted in Exhibit 2.
Section 6. Stipulation. The City and Yellowstone recognize and agree that all terms of Ordinance 21-022
not specifically amended pursuant to Ordinance 24-006 shall apply equally and in the exact same manner
to Ordinance 24-006. Further, the City and Yellowstone specifically recognize and agree that Section 15
of Ordinance 21-022 shall also apply to this amendment, Ordinance 24-006, in its entirety, including as it
relates to the relocation activities of Yellowstone’s facilities from the BNSF rail corridor and other property
to city-owned parcel number 45033.5010 to accommodate the City’s Pines Road/BNSF Grade Separation
Project, CIP number 0223, in lieu of Yellowstone having to obtain duplicative coverage for this parcel-
specific expansion of the franchise. Yellowstone shall provide the City properly executed amendments to
the certificates of insurance, guarantees and self-insurance provisions adding Ordinance 24-006 to the list
of Agreements to which such insurance, guarantees, and self-insurance provisions apply. This provision
was specifically requested by Yellowstone, and any inconsistencies, errors, or interpretations shall be
construed against Yellowstone and not the City.
Section 7. Other Sections Unchanged. All other provisions of Ordinance 21-022 not specifically amended
herein shall remain in full force and effect.
Section 8. 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. Specifically, should
a court of competent jurisdiction determine that the franchise granted in section 3 of Ordinance 24-006 is
invalid or unconstitutional, the parties agree that the terms of Ordinance 21-022 and as amended, modified,
and supplemented by Ordinance 24-006, shall continue in full force and effect as to parcel number
45033.5010 as a license granted from the City to Yellowstone for the purposes described herein.
Section 9. Effective Date. This Ordinance shall be in full force and effect five (5) 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
Yellowstone Pipe Line Franchise Ordinance 24-006 Page 3 of 5
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ATTEST:
Marci Patterson, City Clerk
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Yellowstone Pipe Line Franchise Ordinance 24-006 Page 4 of 5
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UNCONDITIONAL ACCEPTANCE BY YELLOWSTONE:
I, the undersigned official of Yellowstone Pipe Line Company, am authorized to bind Yellowstone
Pipe Line Company and to unconditionally accept the terms and conditions of the foregoing franchise,
which are hereby accepted by Yellowstone Pipe Line Company this day of
, 2024.
Yellowstone Pipe Line Company
By:
Name:
Title:
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
Yellowstone Pipe Line Franchise Ordinance 24-006 Page 5 of 5
FYIJCJU!3
DRAFT
ADVANCE AGENDA
as of March 27, 2024; 11:30 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
April 9, 2024 Special Meeting, Right Sizing Police Services Project 11:00a.m. 12:30p.m. @ CenterPlace
April 9, 2024 SPECIAL MEETING 5:00p.m. \[due Tue April 2\]
1. Presentation: Andrew Ballard Follow up from 2/13/24 Workshop (3 hours)
April 11, 2024 Special Meeting, Right Sizing Police Services Project 8:00a.m. 9:30a.m. @ CenterPlace
April 15, 2024 Special Meeting, Right Sizing Police Services Project 5-7:00p.m @ Centennial Middle School
April 16, 2024 Study Session, 6:00 p.m. \[due Tue April 9\]
1. First Read: Ordinance 24-006: Yellowstone Franchise Tony Beattie (5 minutes)
2. Motion: Resolution 24-006: Governance Manual Update Mayor/Councilmember (10 minutes)
3. Motion Consideration: Pines GSP/Yellowstone Contract Erica Amsden (10 minutes)
4. Motion Consideration: Parks Janitorial Contract John Bottelli (10 minutes)
5. Admin Report: Comp. Plan Amendments Levi Basinger (10 minutes)
6. Advance Agenda Mayor Haley (5 minutes)
\[*estimated meeting: 45 mins\]
April 17, 2024 Special Meeting, Right Sizing Police Services Project 1 2:30p.m. @ Spokane Valley Library
April 23, 2024 Formal Meeting, 6:00 p.m. \[due Tue April 16\]
Proclamation: Arbor Day
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Admin Report: SVPD Update Chief Ellis, Aubrey Siino (15 minutes)
3. Admin Report: Recreation Aquatic Season Preview Kendall May (15 minutes)
4. Admin: Local Drug Use Regulation Kelly Konkright (5 minutes)
5. Admin: Clean building Requirements Gloria Mantz (10 minutes)
6. Advance Agenda Mayor Haley (5 minutes)
7. 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. Ordinance 24-00__: First Read for Comp. Plan Amendments Levi Basinger (5 minutes)
2. Resolution: 24-___: Balfour Park RCO Grant - John Bottelli (10 minutes)
3. Motion Consideration: Potential Opioid Settlement Agreement Tony Beattie (10 minutes)
4. Admin: Post-Session Report/Presentation Virginia Clough, Briahna Murray (30 minutes)
5. Advance Agenda Mayor Haley (5 minutes)
May 7, 2024 Study Session, 6:00 p.m. \[due Tue April 30\]
1. Ordinance 24-00__: Second Read for Comp. Plan Amendments Levi Basinger (5 minutes)
2. 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 3/28/2024 4:16:44 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
June 18, 2024 Study Session, 6:00 p.m. \[due Tue June 11\]
1. Advance Agenda Mayor Haley (5 minutes)
June 25, 2024 Formal Meeting, 6:00 p.m. \[due Tue June 18\]
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
July 2, 2024 Study Session, 6:00 p.m. \[due Tue June 25\]
1. Advance Agenda Mayor Haley (5 minutes)
July 9, 2024 Formal Meeting, 6:00 p.m. \[due Tue July 2\]
1. Advance Agenda Mayor Haley
July 16, 2024 Study Session, 6:00 p.m. \[due Tue July 9\]
1. Advance Agenda Mayor Haley (5 minutes)
July 23, 2024 Formal Meeting, 6:00 p.m. \[due Tue July 16\]
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
July 30, 2024 Study Session, 6:00 p.m. \[due Tue July 23\]
1. Advance Agenda Mayor Haley (5 minutes)
*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
AWC Summary of Arguments
City Brand Update
DOT Clean Up
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
SCRAPS
Vehicle Wgt Infrastructure Impact
Draft Advance Agenda 3/28/2024 4:16:44 PM Page 2 of 2