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2024, 04-23 Formal Meeting
AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT Tuesday, April 23, 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 Trevor Seaman, Victory Faith PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COUNCILMEMBER REPORTS MAYOR’S REPORT PROCLAMATIONS:Arbor Day GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person. If a person engages in disruptive behavior or makes individual personal attacks regarding matters unrelated to City business, then the Council and/or Mayor may end that person’s public comment time before the three-minute mark. To comment via zoom: use the link above for oral or written comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it is not required. A sign-in sheet will be provided at the meeting. NEW BUSINESS: 1. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Council Agenda April 23, 2024 Page 1 of 2 Proposed Motion: I move to approve the Consent Agenda. a. Approval of Claim Vouchers, April 23, 2024, Request for Council Action Form: $6,508,331.93. b. Approval of Payroll for Pay Period ending March 31, 2024: $754,449.68. c. Approval of Payroll for Pay Period ending April 15, 2024: $415,982.63. d. Approval of Council Meeting Minutes of January 30, 2024 e. Approval of Council Meeting Minutes of March 26, 2024 e. Approval of Council Meeting Minutes of April 2, 2024 g. Approval of Council Meeting Minutes of April 9, 2024 2. First Reading: Ordinance 24-005 - Amending SVMC Appendix B & 18.20.030 \[public comment opportunity\] 3. Motion Consideration: Clean Building Requirements & Potential Grant Opportunity – Gloria Mantz \[public comment opportunity\] 4. Motion Consideration: Parks Janitorial Contract – John Bottelli \[public comment opportunity\] ADMINISTRATIVE REPORT: 5. Admin Report: SVPD Update – Chief Ellis, Aubrey Siino 6. Admin Report: Local Drug Use Regulation – Kelly Konkright 7. Admin Report: Cross Country Course Update – Mike Basinger 8. Admin Report: Construction Management Overview – Bill Helbig 9. Admin Report: Solid Waste Program Update – Bill Helbig 10. Admin Report: Recreation and Aquatic Season Preview – Kendall May 11. Advance Agenda – Mayor Haley INFORMATION ONLY (will not be reported or discussed): 12. Potential Opioid Settlement Agreement 13. Department Monthly Reports 14. Fire Dept Monthly Report COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURNMENT Council Agenda April 23, 2024 Page 2 of 2 Proclamation City of Spokane Valley, Washington Arbor Day WHEREAS, Among the pioneers moving into the Nebraska Territory in 1854, was J. Sterling Morton from Detroit; he and his wife were lovers of nature and their new home in Nebraska was quickly planted with trees, shrubs, and flowers; and WHEREAS, On January 4, 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special tree-planting holiday be set aside for the planting of trees, with that first date set for April 10, 1872; that first observed Arbor Day holiday included the planting of more than a million trees in Nebraska; and WHEREAS, The tradition began in schools nationwide in 1882, and in 1885 Arbor Day was the date for its permanent observance; and WHEREAS, Today the most common date for the state observance is the last Friday in April; and all 50 states as well as many countries, recognize Arbor Day in some manner; and WHEREAS, Trees can reduce the erosion of topsoil by wind and water, cut heat and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen and provide habitat for wildlife; and WHEREAS, Trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and beauty to our community; and WHEREAS Trees in our city increase property values, enhance the economic vitality of business areas, and provide character to our community. NOW, THEREFORE, I, Pam Haley, Mayor of the City of Spokane Valley, on behalf of the Spokane Valley City Council and the citizens of the City of Spokane Valley, do hereby proclaim Friday, April 26, 2024 as ARBOR DAY in the City of Spokane Valley, and I urge all citizens to celebrate Arbor Day, to support efforts to protect our trees and woodlands rd Dated this 23 day of April, 2024. Pam Haley, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 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 3/22/2024 63570-63597 124,808.08 3/26/202463598-6362161,294.53 3/28/2024 63622-63661 669,858.71 3/28/2024 10526-10537 (Park refunds) 2,379.00 3/29/2024 63662 43,925.01 4/2/2024 63663-63688 110,952.43 4/4/2024 63689-63704 39,357.73 4/9/2024 Wire 23774871 (LE Contract) 2,256,609.00 4/9/2024Wire 23775103 (Spokane Co Svcs)247,514.33 4/9/2024 Wire 24013223 (LE Contract) 2,256,609.00 4/9/2024 Wire 24009405 (Spokane Co Svcs 223,371.70 4/8/2024 10538-10557 (Park refunds) 2,968.00 4/10/2024 63705-63747 342,251.19 4/11/2024 63748-63771 126,433.22 TOTAL AMOUNT 6,508,331.93 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: 249 - Sullivan & Wellesley Intersection Improv 143 - Barker Rd/BNSF Grade Separation 273 - Barker/I-90 Interchange 205 - Sprague/Barker Intersection Improvement 275 - Barker Rd Widening - River to Euclid 223 - Pines Rd Underpass @ BNSF & Trent 285 - Indiana Ave Pres - Evergreen to Sullivan 286 - Broadway Preservation: Havana to Fancher 328 - Sullivan Park Waterline 293 - 2018 CSS Citywide Reflective Signal BP 329 - Barker Road Imp- City Limits to Appleway 294 - Citywide Reflective Post Panels 330 - WTSC 2021 School Zone Beacons 299 - Argonne Rd Concrete Pavement Indiana to Mont. 331 - COVID-19 Relief Funds 300 - Pines & Mission Intersection Improvement 332 - NE Industrial Area - Sewer Extension 308 - Regional Decant Facility Canopy 333 - Evergreen Rd Pres Broadway to Mission 309 - Local Access Streets: Barker Homes 334 - Sprague Ave Preservation 311 - Sullivan Rd./SR 290 Interchange Project 335 - Mission Ave over Evergreen Rd Deck Repair 313 - Barker Road/Union Pacific Crossing 338 - Loop Trail Project 314 - Balfour Park Frontage Improvements 339 - 2022 Local Access Streets: Summerfield E 315 - Brown's Park 2020 Improvements 340 - 8th Ave Sidewalk (Coleman to Park) 316 - Balfour Park Improvements - Phase 1 341 - Broadway Preservation- Fancher to Park 317 - Appleway Stormwater Improvements 342 - 2022 School Zone Flashing Beacons 318 - Wilbur Sidewalk: Boone to Mission 343 - Buckeye Avenue Sewer Extension th 320 - Sullivan Preservation: Sprague-8 344 - Park Rd Sidewalk- Broadway to Cataldo 321 - Argonne Corridor Improvements- North of Knox 345 - Park Rd Sidewalk- Nora to Baldwin 322 - City Hall Repairs 346 - Bowdish Sidewalk 12th to 22nd 323 - Evergreen Road Preservation Project 347 - Broadway and Park Intersection 326 - 2020 Citywide Reflective Post Panels 350 – Balfour Facility 327 - Sprague Avenue Stormwater 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 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 65398-63621 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 1 50 Page Page 10538-10557 04/08/2024240408K12,968.00 04/08/2024 11:49:54Karla White (KWhite)apwarrnt I, The undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said Claim._____________________________________________ ________________Finance Director or designee DateCouncil member reviewed:_____________________________________________ ________________Mayor Date__________________________________________ ___ ________________Council Member Date Djuz!pg!Tqplbof!Wbmmfz-!XB!BQ!Difdl!Svo!Sfqpsu DATE:WARRANT:AMOUNT:Report generated:User:Program ID: 2 DIFDL 51 Page Page WPVDIFS 310311312313315316 EPDVNFOU 799800801802804805 75.00 86/11 75.00 86/11 75.00 86/11 210.00 321/11 463.00 574/11 210.00 321/11 BNPVOU 75.0075.0075.00 210.00463.00210.00 MJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOU DIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBM JOWPJDF Auditorium 3/21/24Auditorium 3/15/24Fireside Lounge 3/23Room 109 - 12/10/202Great Room 3/3/24Room 205 - 2/27-2/28 03/31/202403/31/202403/31/202403/31/202403/31/202403/31/2024 EVF!EBUF INVINVINVINVINVINV UZQF CPRefCPRefCPRefCPRefCPRefCPRef QP General FDGeneral FDGeneral FDGeneral FDGeneral FDGeneral FD Qbsl!Pqfsbujoh 000000000000000000000000 SFNJU 237109237109237109237109237109237109 ::2213 04/08/2024 GF001000GF001000GF001000GF001000GF001000GF001000 111111 DT:::111 BDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJM 240408K104/08/2024 04/08/2024 11:49:54Karla White (KWhite)apwarrnt Arland, KatieBarenti, JulietBlakesley, KarrieBouten ConstructionCooke, BartonCPM/Oldcastle DBTI!BDDPVOU; 999999999999999999999999999999999999 Djuz!pg!Tqplbof!Wbmmfz-!XB!BQ!Difdl!Svo!SfqpsuEfubjm!Jowpjdf!Mjtu WARRANT:DUE DATE:WFOEPS Report generated:User:Program ID: 3 DIFDL 52 Page Page WPVDIFS 317318319320321322 EPDVNFOU 806807808809810811 75.00 86/11 75.00 86/11 75.00 86/11 75.00 86/11 75.00 86/11 75.00 86/11 BNPVOU 75.0075.0075.0075.0075.0075.00 MJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOU DIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBM JOWPJDF Room 110 - 2/3/24Room 109 - 3/22/2024Sm Dining Room 3/24 Room 110 - 1/26/24 &Room 213 - 3/10/24Room 108 - 2/29/2024 03/31/202403/31/202403/31/202403/31/202403/31/202403/31/2024 EVF!EBUF INVINVINVINVINVINV UZQF CPRefCPRefCPRefCPRefCPRefCPRef QP General FDGeneral FDGeneral FDGeneral FDGeneral FDGeneral FD Qbsl!Pqfsbujoh 000000000000000000000000 SFNJU 237109237109237109237109237109237109 ::2213 04/08/2024 GF001000GF001000GF001000GF001000GF001000GF001000 111111 DT:::111 BDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJM 240408K104/08/2024 04/08/2024 11:49:54Karla White (KWhite)apwarrnt Curtis, JoeDIVCONFalcone, AngelaGroover, AlHayden, StephanieHurley Engineering DBTI!BDDPVOU; 999999999999999999999999999999999999 Djuz!pg!Tqplbof!Wbmmfz-!XB!BQ!Difdl!Svo!SfqpsuEfubjm!Jowpjdf!Mjtu WARRANT:DUE DATE:WFOEPS Report generated:User:Program ID: 4 DIFDL 53 Page Page WPVDIFS 323324325326327328 EPDVNFOU 812813814815816817 75.00 86/11 210.00 321/11 210.00 321/11 210.00 321/11 210.00 321/11 210.00 321/11 BNPVOU 75.00 210.00210.00210.00210.00210.00 MJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOU DIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBM JOWPJDF Great Room 12/11/23 Fireside Lounge Mar Fireside Lounge 3/24Room 205 - 2/24/2024Great Room 2/25/2024Great Room 10/27/202 03/31/202403/31/202403/31/202403/31/202403/31/202403/31/2024 EVF!EBUF INVINVINVINVINVINV UZQF CPRefCPRefCPRefCPRefCPRefCPRef QP General FDGeneral FDGeneral FDGeneral FDGeneral FDGeneral FD Qbsl!Pqfsbujoh 000000000000000000000000 SFNJU 237109237109237109237109237109237109 ::2213 04/08/2024 GF001000GF001000GF001000GF001000GF001000GF001000 111111 DT:::111 BDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJM 240408K104/08/2024 04/08/2024 11:49:54Karla White (KWhite)apwarrnt Kalivas, BillKlingler, NicoleLadd, RobertMartinez, CassondraNEWANAPartnering for Progre DBTI!BDDPVOU; 999999999999999999999999999999999999 Djuz!pg!Tqplbof!Wbmmfz-!XB!BQ!Difdl!Svo!SfqpsuEfubjm!Jowpjdf!Mjtu WARRANT:DUE DATE:WFOEPS Report generated:User:Program ID: 5 DIFDL 54 Page Page WPVDIFS 329330 EPDVNFOU 818819 75.00 86/11 210.00 321/11 3-:79/11 BNPVOU 75.00 210.00 3-:79/11 MJOF!BNPVOUMJOF!BNPVOU DIFDL!UPUBMDIFDL!UPUBM JOWPJDF Room 109 - 3/21/2024Great Room/Mtg Rooms 03/31/202403/31/2024 EVF!EBUF INVINV UZQF CPRefCPRef XBSSBOU!UPUBM QP General FDGeneral FD Qbsl!Pqfsbujoh 00000000 SFNJU 237109237109 ::2213 04/08/2024 GF001000GF001000 11 DT:::111 BDDPVOU!EFUBJMBDDPVOU!EFUBJM 240408K104/08/2024 04/08/2024 11:49:54Karla White (KWhite)apwarrnt Rental Housing Assn oSiteOne Landscape Sup JOWPJDFT 31 DBTI!BDDPVOU; 999999999999 Djuz!pg!Tqplbof!Wbmmfz-!XB!BQ!Difdl!Svo!SfqpsuEfubjm!Jowpjdf!Mjtu WARRANT:DUE DATE:WFOEPS Report generated:User:Program ID: 1 55 Page Page 63705-63747 04/10/2024240410K1342,251.19 04/10/2024 07:15:31Karla White (KWhite)apwarrnt I, The undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said Claim._____________________________________________ ________________Finance Director or designee DateCouncil member reviewed:_____________________________________________ ________________Mayor Date__________________________________________ ___ ________________Council Member Date Djuz!pg!Tqplbof!Wbmmfz-!XB!BQ!Difdl!Svo!Sfqpsu DATE:WARRANT:AMOUNT:Report generated:User:Program ID: 2 DIFDL 56 Page Page WPVDIFS 34720109 EPDVNFOU 836250521356317609 97.1398.22 2:6/46 228.71 339/82 539.47 64:/58 103.63 BNPVOU 61,729.65 72-83:/76 32.8932.8931.3558.9319.6419.6513.4090.23 228.71539.47 2,469.18 59,260.47 MJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOU DIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBM JOWPJDF 786641VL9-VTQL-VNH71GY7-XWQV-MRYLI125074393301EXPENSES 3-4-2024 03/30/202404/02/202404/15/202404/11/202404/05/202404/06/2024 EVF!EBUF INVINVINVINVINVINV UZQF ContSWContStrtMxVehSuppVehSuppOffSuppOffSuppOffSuppOffSuppVehSuppR&MsuppEmpTrvlR&Msupp QP SWSDUtSDMxRdwyEGOHMgmtSDMxEngEGPmtPlnBDPlnRevPLPlanningEDEconDevWTSnIcCtrlSDMxRdwyPRParksPXParks Pqfsbujoh!'!BQ 000000010001000000010000 SFNJU 541047541011531010531010531001531001531001531001531010531008543001531008 ::2211 04/10/2024 SW531000SD542300EG543100SD542100EG558500BD558500PL558600ED558700WT542660SD542300PR576800PX576800 121231231112 DT:::111 BDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJM 240410K104/10/2024 04/10/2024 07:15:31Karla White (KWhite)apwarrnt BRETT R. SARGENTAMAZON CAPITAL SERVICAMAZON CAPITAL SERVICALASKA RUBBER GROUP IARROW CONSTRUCTION SUBOTTELLI, JOHN 702702 2501212520051314 DBTI!BDDPVOU; Djuz!pg!Tqplbof!Wbmmfz-!XB!BQ!Difdl!Svo!SfqpsuEfubjm!Jowpjdf!Mjtu WARRANT:DUE DATE:WFOEPS Report generated:User:Program ID: 3 DIFDL 57 Page Page WPVDIFS 108 EPDVNFOU 60840320188158357 10.00 21/11 214/74 649.55 75:/66 113.14 224/25 407.29 518/3: 8,032.91 9-143/:2 BNPVOU 30,943.12 41-:54/23 10.00 649.55113.14407.29 8,032.91 30,943.12 MJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOU DIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBM JOWPJDF EXPENSES 3-25-20243RU50924929RE-313-ATB40213061RE 46 JG6531 L00693916053 04/25/202404/14/202403/23/202403/14/202403/14/202403/30/2024 EVF!EBUF INVINVINVINVINVINV UZQF EmpTrvlCapVehRepMxSvcWSDOTMxCntEng&ArchRepMxSvc QP 45309 EDEconDevFMCAPksBMMxSDMxRdwy311PEFMPWMP Pqfsbujoh!'!BQ 000000000000000100070001 SFNJU 543001564006548001546065541002548001 ::2211 04/10/2024 ED558700FM594760BM518300SD54230031159510FM548700 111111 DT:::111 BDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJM 240410K104/10/2024 04/10/2024 07:15:31Karla White (KWhite)apwarrnt BRASSFIELD, LESLICLARY LONGVIEW, LLCNORTHWEST DISASTER REDEPT OF TRANSPORTATIODEPT OF TRANSPORTATIOEMERALD SERVICES INC 808970363737737517 DBTI!BDDPVOU; Djuz!pg!Tqplbof!Wbmmfz-!XB!BQ!Difdl!Svo!SfqpsuEfubjm!Jowpjdf!Mjtu WARRANT:DUE DATE:WFOEPS Report generated:User:Program ID: 4 DIFDL 58 Page Page WPVDIFS 31236354 EPDVNFOU 278160251533745843231 168.20 279/31 526.19 637/2: 7,249.235,650.83 6-761/94 1,140.00 BNPVOU 14,494.2014,500.59 47-355/13 26.76 168.20499.43 7,249.235,650.831,140.00 14,494.2014,500.59 MJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOU DIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBM JOWPJDF V5431924-138524-150824-1531MARCH 2024 1042MARCH 2024-94202002 3380 03/03/202404/05/202404/10/202404/24/202404/30/202404/27/202403/27/2024 EVF!EBUF INVINVINVINVINVINVINV UZQF AdvOpSuppOpSuppOpSuppStLobbyGas/ElecGas/ElecHearExm QP 452754527545275 LSRdMxEngWTSnIcCtrlWTSnIcCtrlWTSnIcCtrlCCLobbyTRMxLightsPXParksPLPlanning Pqfsbujoh!'!BQ 0000000100010001000000000001 SFNJU 541017531004531004531004541029547001547001541054 ::2211 04/10/2024 LS542100WT542660WT542660WT542660CC511700TR542630PX576800PL558600 11111121 DT:::111 BDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJM 240410K104/10/2024 04/10/2024 07:15:31Karla White (KWhite)apwarrnt FREE PRESS PUBLISHINGGMCOGMCOGMCOGORDON THOMAS HONEYWEINLAND POWER & LIGHT KOTTKAMP, YEDINAK & E 5843 668 1333133313331365 DBTI!BDDPVOU; 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Djuz!pg!Tqplbof!Wbmmfz-!XB!BQ!Difdl!Svo!SfqpsuEfubjm!Jowpjdf!Mjtu WARRANT:DUE DATE:WFOEPS Report generated:User:Program ID: 9 DIFDL 63 Page Page WPVDIFS 125 EPDVNFOU 474234625475476208 50.00 61/11 -54.49 112.47 223/58 907.54:18/65 3-796/67 9,195.50:-2:6/61 1,345.42 2-456/53 BNPVOU 50.00 -54.49 112.47907.54 9,195.501,345.42 MJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOU DIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBM JOWPJDF XA106073240:0175450032224 REQUEST2646240099981-00849817555 04/12/202403/16/202404/21/202404/07/202404/12/202403/31/2024 EVF!EBUF CRMINVINVINVINVINV UZQF VehSuppPrfSvcsGenRecordFeeVehSuppSafeSuppSubscSvc QP WTSnIcCtrlPLPlanningCAIntAdvWTSnIcCtrlSDMxEngCAIntAdv Pqfsbujoh!'!BQ 000100000000000000000000 SFNJU 531010541005549005531010531006549001 ::2211 04/10/2024 WT542660PL558600CA515310WT542660SD542100CA515310 111111 DT:::111 BDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJM 240410K104/10/2024 04/10/2024 07:15:31Karla White (KWhite)apwarrnt RWC INTERNATION LTDSHEA. CARR & JEWELL ISECRETARY OF STATE - SPRAY CENTER ELECTRONTACOMA SCREW PRODUCTSWEST PUBLISHING CORPO 44 166704128263429 DBTI!BDDPVOU; Djuz!pg!Tqplbof!Wbmmfz-!XB!BQ!Difdl!Svo!SfqpsuEfubjm!Jowpjdf!Mjtu WARRANT:DUE DATE:WFOEPS Report generated:User:Program ID: 10 DIFDL 64 Page Page WPVDIFS 398 EPDVNFOU 191890323185262263 395.88 4:6/99 335.18479.86 1,349.45 2-45:/56 4,917.85 5-:28/96 7,755.70 9-1:1/99 BNPVOU 429.90270.36326.23285.03110.85335.18479.86 1,349.453,891.367,755.70 MJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOU DIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBMDIFDL!UPUBM JOWPJDF 274-0013993MARCH 2024CINV-051452IN002700761IN0027094860000060414 03/22/202405/08/202403/31/202403/24/202404/03/202404/10/2024 EVF!EBUF INVINVINVINVINVINV UZQF RepMxSvcGas/ElecWaerGas/ElecWaerSubscSvcSubscSvcEqpRentEqpRentCapTrfEqp QP 2400010 WTSnIcCtrlSDMxLightsSWSDUtPXParksPXParksWTSnIcCtrlSWSDUtWTSnIcCtrlWTSnIcCtrl359TRFCN Pqfsbujoh!'!BQ 000000000001000100010000 SFNJU 548001547001547002547001547002549001549001545003545003563003 ::2211 04/10/2024 WT542660SD542630SW531000PX576800PX576800WT542660SW531000WT542660WT54266035959564 1123412111 DT:::111 BDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJM 240410K104/10/2024 04/10/2024 07:15:31Karla White (KWhite)apwarrnt TRUCKPRO HOLDING CORPVERA WATER & POWERTHE VESTIGE GROUP LLCWESTERN STATES EQUIPMWESTERN STATES EQUIPMWESTERN SYSTEMS INC 78 565148148 21542725 DBTI!BDDPVOU; Djuz!pg!Tqplbof!Wbmmfz-!XB!BQ!Difdl!Svo!SfqpsuEfubjm!Jowpjdf!Mjtu WARRANT:DUE DATE:WFOEPS Report generated:User:Program ID: 11 DIFDL 65 Page Page WPVDIFS 185 EPDVNFOU 264265687 164.53 1,395.00 2-4:6/11 BNPVOU 54,858.50 66-613/9: 453-362/2: 164.53 1,395.00 54,858.50 453-362/2: MJOF!BNPVOUMJOF!BNPVOUMJOF!BNPVOU DIFDL!UPUBMDIFDL!UPUBM JOWPJDF 00000604160000060421Invoice #2 03/31/202404/10/202404/04/2024 EVF!EBUF INVINVINV UZQF CapTrfEqpCapTrfEqpPrfSvcsGen XBSSBOU!UPUBM QP 453282400010 TRCASO359TRFCNEGPmtPln Pqfsbujoh!'!BQ 000000000000 SFNJU 563003563003541005 ::2211 04/10/2024 TR59444035959564EG558500 111 DT:::111 BDDPVOU!EFUBJMBDDPVOU!EFUBJMBDDPVOU!EFUBJM 240410K104/10/2024 04/10/2024 07:15:31Karla White (KWhite)apwarrnt WESTERN SYSTEMS INCWESTERN SYSTEMS INCDUANE ZIMMERMAN JOWPJDFT 71 272527252900 DBTI!BDDPVOU; Djuz!pg!Tqplbof!Wbmmfz-!XB!BQ!Difdl!Svo!SfqpsuEfubjm!Jowpjdf!Mjtu WARRANT:DUE DATE:WFOEPS Report generated:User:Program ID: 13 0.000.000.00 -240.78 9,363.321,081.89 -3,649.39-1,308.09-9,078.34-1,058.56-2,586.39 19,908.4373,085.58 66 Page -11,402.80-16,368.57 144,042.60360,473.16 -141,057.36-129,248.82-117,835.86 Page 43.54 499.43164.53285.03113.14 224/25 429.90110.85407.29 8,032.913,891.364,727.348,090.881,349.451,289.96 2-39:/:7 16,928.6336,244.0275,176.0055,338.36 66-449/47 59,260.47 6:-912/33 30,943.12 42-4:4/:6 267-43:/84453-362/2:453-362/2: GVOE!UPUBMGVOE!UPUBMGVOE!UPUBMGVOE!UPUBMGVOE!UPUBMGVOE!UPUBM HSBOE!UPUBM XBSSBOU!TVNNBSZ!UPUBM Contracted Street MaiWSDOT Maintenance ConGas/Electric Service Gas/Electric Service Capital Traffic ContrOperating SuppliesVehicle SuppliesContracted Snow/Ice REquipment RentalRepair & Maintenance Subscription ServicesProfessional ServicesCapital Traffic ContrEngineering & ArchiteContracted SW MaintenWater ServiceSubscription ServicesVehicle SuppliesRepair & Maintenance Capital Vehicles 101-40-42200-542300-10-000-541011-101-40-42200-542300-10-000-546065-101-40-42200-542630-10-000-547001-101-40-42500-542630-10-000-547001-101-40-42500-594440-10-000-563003-101-40-42100-542660-10-000-53 1004-101-40-42100-542660-10-000-531010-101-40-42100-542660-10-000-541012-101-40-42100-542660-10-000-545003-101-40-42100-542660-10-000-548001-101-40-42100-542660-10-000-549001-109-50-46000-557300-00-0 00-541005-303-40-41000-595640-00-359-563003-314-40-41000-595100-10-311-541002-402-00-41500-531000-10-000-541047-402-00-41500-531000-10-000-547002-402-00-41500-531000-10-000-549001-501-10-88000-548700 -10-000-531010-501-10-88000-548700-10-000-548001-501-70-88000-594760-10-000-564006- Streets Street Maint-Streets Street Maint-Streets Street Maint-Traffic Street Maint-Traffic Capital-StreeWinterOps Maint-Snow/WinterOps Maint-Snow/WinterOps Maint-Snow/WinterOps Maint-Snow/WinterOps Maint-Snow/WinterOps Maint-Snow/109 Community Svcs-To359 Sprague Ave Ped- 311 Sullivan InterchaStmWater Storm DrainaStmWater Storm DrainaStmWater Storm DrainaFltMnt PW-Motor Pool FltMnt PW-Motor Pool FltMnt Capital-Parks 04/10/2024 07:15:31Karla White (KWhite)apwarrnt SD542300SD542300SD542630TR542630TR594440WT542660WT542660WT542660WT542660WT542660WT542660TA5573003595956431159510SW531000SW531000SW531000FM548700FM548700FM594760 Djuz!pg!Tqplbof!Wbmmfz-!XB!BQ!Difdl!Svo!Sfqpsu 101101101101101101101101101101101109303314402402402501501501 Report generated:User:Program ID: 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page DJUZ!PG!TQPLBOF!WBMMFZ! Sfrvftu!gps!Dpvodjm!Bdujpo! Nffujoh!Ebuf; April 23,2024 Efqbsunfou!Ejsfdups!Bqqspwbm: Jufn;!Difdl!bmm!uibu!bqqmz: consent old business new business public hearing information admin. report pending legislation BHFOEB!JUFN!UJUMF;!!!Qbzspmm!gps!Qbz!Qfsjpe!Foejoh!Nbsdi!42-!3135! ! HPWFSOJOH!MFHJTMBUJPO;!! ! QSFWJPVT!DPVODJM!BDUJPO!UBLFO;!! ! CBDLHSPVOE;!! CVEHFU0GJOBODJBM!JNQBDUT; EmployeesCouncilTotal Gross: $ 459,614.45$ 13,050.00 $ 472,664.45 Benefits: $ 265,240.97$ 16,544.26 $ 281,785.23 Total payroll %!!!!!!!!835-966/53%!!!!!!!!!3:-6:5/37!%!!!!!!865-55:/79 ! ! SFDPNNFOEFE!BDUJPO!PS!NPUJPO;!Move to Approve above payroll/!!\[Approved as part of the Consent Agenda, or may be removed and discussed separately.\] ! TUBGG!DPOUBDU: Raba Nimri DJUZ!PG!TQPLBOF!WBMMFZ! Sfrvftu!gps!Dpvodjm!Bdujpo! Nffujoh!Ebuf; May 14, 2024 Efqbsunfou!Ejsfdups!Bqqspwbm: Jufn;!Difdl!bmm!uibu!bqqmz: consent old business new business public hearing information admin. report pending legislation BHFOEB!JUFN!UJUMF;!!!Qbzspmm!gps!Qbz!Qfsjpe!Foejoh!Bqsjm!26-!3135! ! HPWFSOJOH!MFHJTMBUJPO;!! ! QSFWJPVT!DPVODJM!BDUJPO!UBLFO;!! ! CBDLHSPVOE;!! CVEHFU0GJOBODJBM!JNQBDUT; EmployeesCouncilTotal Gross: $ 327,948.99$ -$ 327,948.99 Benefits: $ 88,033.64 $ -$ 88,033.64 Total payroll %!!!!!!!!526-:93/74%!!!!!!!!!!!!!!!!!!!.%!!!!!!526-:93/74 ! ! SFDPNNFOEFE!BDUJPO!PS!NPUJPO;!Move to Approve above payroll/!!\[Approved as part of the Consent Agenda, or may be removed and discussed separately.\] ! TUBGG!DPOUBDU: Raba Nimri MINUTES City of Spokane Valley City Council Study Session Meeting Tuesday, January 30, 2024 Mayor Haley called the meeting to order at 6:00 p.m. The meeting was held in person in Council Chambers, and also remotely via Zoom meeting. ___________________ Attendance: Councilmembers Staff Pam Haley, Councilmember John Hohman, City Manager Rod Higgins, Councilmember Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember Chelsie Taylor, Finance Director Laura Padden, Councilmember Gloria Mantz, City Services Administrator Al Merkel, Councilmember Kelly Konkright, City Attorney Ben Wick, Councilmember Bill Helbig, Community & PW Director Jessica Yaeger, Councilmember Virginia Clough, Legislative Policy Coordinator Tony Beattie, Sr. Deputy City Attorney Dave Ellis, Police Chief Jill Smith, Communications Manager John Bottelli, Parks & Rec Director Morgan Koudelka, Sr. Administrative Analyst Nikki Kole, 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 Hattenburg, 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): asked about the the scheduling of the deputies. Mr. Dan Allison, Spokane Valley: spoke about the budget meeting that Councilmember Merkel held. Ms. Diana Wilhite, Spokane Valley: spoke about the city logo. Mr. John Harding, Spokane Valley: spoke about lawlessness in our area. Ms. Brandi Peetz, Spokane Valley: spoke about the prosecutor and the need for better services from that office. Ms. Laura Renz, Spokane Valley: spoke about the decorum of the council meetings in comparison to the City of Spokane. ACTION ITEM: 1. Motion Consideration: Mayoral Appointments, Planning Commission Mayor Haley It was moved by Deputy Mayor Hattenburg and seconded to Robertson and Justin Weathermon to the Planning Commission for terms beginning January 1, 2024 and ending December 31, 2026 and Vadim Smelik to the Planning Commission for a term beginning January 1, 2024 and ending December 31, 2024. Mayor Haley opened the discussion with an explanation of the openings on the Planning Commission. The Mayor spoke about the section process and that she became aware of an additional opening and would invite Matthew Hurd to be appointed at the next meeting if he was still interested. Councilmember Merkel questioned the Mayor as to whether or not she contacted the applicants. Councilmember Higgins poised a point of order. Mayor Haley asked him to speak to the point. appointment and that no where should the councilmembers be contacting the applicants. The Mayor noted that the point was taken and it violates our rules. This is not a debate over who was appointed, it is whether you agree with who I appointed or not. Councilmember Merkel asked for a hand vote on the point of order ruling. Those in favor of the ruling: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers, Yaeger, Padden and Higgins. Opposed: Councilmembers Wick and Merkel. Councilmember Higgins poised a point of order. Mayor Haley asked Council Meeting Minutes, Study Session: 01-02-2024 Page 1 of 4 Approved by Council: to speak to the point. Councilmember Higgins asked if another councilman was purposely trying to undercut the Mayor and make her look bad and requested a cease. Without being allowed to rule on the original point, Councilmember Merkel poised a point of order that the comments were a direct accusation and would like to see the evidence for what was trying to be represented. Mayor Haley called on the attorney. City Attorney Konkright stated that it is not a debatable matter. Mayor Haley ruled on Councilmember Councilmember Merkel was out of order. Mayor Haley ruled that Councilmember Higgins was not out of order. Councilmember Merkel requested to appeal that ruling. The Mayor called for all those who thought Councilmember Higgins was out of order. All those in favor: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Higgins, Padden, Yaeger and Wick. Opposed. Councilmember Merkel. Mayor Haley called for public comment. Councilmember Merkel asked if the Mayor was discontinuing questions from council right now. Mayor Haley stated yes. Mr. John Robertson, Spokane Valley: happy to be on the Planning Commission and would like to understand the process for nominating people. Mr. Matthew Hurd, Spokane Valley: read a statement regarding his qualifications and spoke about his concern for the process for the appointments and open staff positions. Ms. Marchauna Rodgers, Spokane Valley: stated that she was disappointed and that we should reduce bureaucracy, but that she has an interest in the community. Mr. John Harding, Spokane Valley: feels that the Planning Commission positions are important and the process should be reexamined. Mr. Walt Haneke, Spokane Valley Commission as well as the process for choosing the candidates. After much debate regarding the process, Councilmember Higgins poised a point of order. Mayor Haley stated to speak to the point. Councilmember Higgins asked to call for the vote. Mayor Haley stated that it could be time to call for the vote. Councilmember Merkel stated a point of order and asked if silencing him called for a vote. Mayor Haley asked to speak to the point. Councilmember Merkel asked if a vote was needed to call for the question if wanting to end the discussion. Mayor called on the City Attorney and he stated if you want to end debate you can call for a vote to have the question called and then the motion. Mayor Haley started to called for the question to end debate and Councilmember Merkel called for a point of order to reference what the city attorney had just stated. City Attorney Konkright noted that there is no special language necessary and that the Mayor may call to end the debate and then call for the vote on the motion. Mayor Haley then called for those who would like to end debate and call for the question. Those in favor: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Padden, Higgins, and Yaeger. Opposed: Councilmembers Wick and Merkel. Vote by acclamation on the original motion: in favor: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Higgins, Yaeger and Padden. Opposed: Councilmembers Wick and Merkel. Motion carried. NON-ACTION ITEMS: 2. Admin Report Prosecuting Attorney Update Erik Lamb, Larry Haskell Mr. Lamb provided a brief overview of the prosecuting attorney services for the City and then introduced Mr. Larry Haskell, Spokane County Prosecuting Attorney. Mr. Haskell opened the discussion with a review of the current staffing levels of his office. He also provided council with details on the current caseloads and what costs are associated with the large caseloads. He also explained the time frame for hiring and training new staff and what costs are associated with hiring new staff. Council discussed legislature that may require more public defenders be available and may be an additional unfunded mandate. There was office, and the need to review each case individually as opposed to specific metrics for overall cases. Mr. Haskell concluded the discussion by thanking council for their time and that he would gladly return at a later date with updated information to review. Mayor Haley called for a recess at 7:20 p.m.; she reconvened the meeting at 7:30 p.m. 4. Admin Report Police Staffing Update Erik Lamb, Chief Ellis, Morgan Koudelka Mr. Lamb opened the discussion to introduce Chief Ellis and Senior Administrative Analyst Morgan Koudelka. Mr. Lamb proceeded with a review of a PowerPoint presentation regarding right-sizing the police. Mr. Lamb provided details regarding the background of the law enforcement services within the Council Meeting Minutes, Study Session: 01-02-2024 Page 2 of 4 Approved by Council: city and then provided details on the Matrix study findings as were previously reviewed at a prior council meeting. Mr. Lamb also reviewed the recommended increases in staffing submitted by Matrix. Chief Ellis detailed the staffing based on current needs in each department and provided a proposal on implementation of those additional staff. Mr. Koudelka reviewed the cost, both start-up costs and long-term costs for the additional hires. There was a breakdown of what considerations were being reviewed for those costs and what would be reviewed moving forward. Mr. Lamb provided details on the implementation considerations that should be considered with hiring additional staff to include training and hiring costs, prioritizing units and the need for specific officers. Finally, staff provided details regarding overall costs and what the next steps may look like depending on what council chose to do. Staff estimated that the implementation of all staff recommended in the Matrix Report would cost approximately $6.2 million for salaries, benefits, indirect costs, and vehicles, based solely on 2024 costs. Additional costs include costs for capital improvements that may be required for certain units, which are unknown at this time, costs to implement desired funding sources (such as election costs and informational materials for any identified election), annual and step increases in salaries, and potential downstream cost impacts in other public safety services. Total annual costs will depend on implementation selected by Council and costs will continue to be refined as further discussions occur. The Matrix study also noted recommended powershift changes and Chief Ellis noted that the change would be brought up with the next shift review. Council discussed multiple points including the positions and who would be hired first, how the hires would take place with the county, the calls for service, being proactive with patrols, community involvement with the process, prosecting services once more officers are hired, the opportunity for the public to provide feedback with the open houses that are being planned and getting the potential of 10 officers in place in order to continue reviewing the Matrix study and filling more positions. 5. Advance Agenda Mayor Haley Councilmember Yaeger would like to put forward a resolution or statement regarding that standing with our borders and keeping our communities safe. There was consensus to move the item forward. COUNCIL COMMENTS Councilmember Wick may be attending virtually next but still not sure as his schedule will require him to request was noted and approved. Councilmember Merkel spoke about performance metrics in the contracts. CITY MANAGER COMMENTS Mr. Hohman introduced our Legislative Coordinator Virginia Clough to review the Spokane County Hazard Mitigation Plan. Council provided consensus to proceed with participation in the county plan. Ms. Clough also spoke about SB6076 granting local taxing authority to fund criminal justice. Ms. Clough provided details on the bill and asked if council would like to take a position on it. After a brief discussion, council chose to have City Manager Hohman speak with our legislative lobbyist, Briahna Murray with Gordon Thomas Honeywell to potentially get some amendments added to the bill and report back to council. Mr. Hohman presented a letter of support for Kaiser for a plant expansion project to the Department of Commerce. Council provided consensus to sign the support letter. Mr. Hohman stated he spoke with Dan Wilson of the United Steel Workers Union regarding the future of the dams in Washington and presenting that information to council at a future meeting and potentially amending our Federal Legislative Agenda to include the support of the dams. Council provided consensus to move forward with the presentation. Mr. th that there is a community meeting on February 7 at Chase Middle School to hear about the flood plain mapping process with Spokane and Spokane County. It was moved by Mayor Haley, seconded and unanimously agreed to extend the council meeting by 30 minutes. Council Meeting Minutes, Study Session: 01-02-2024 Page 3 of 4 Approved by Council: Executive Session: It was moved by Deputy Mayor Hattenburg, seconded, and unanimously agreed to adjourn into executive session for 30minutes to discuss potential acquisition of real estate, and that no action will be taken upon return to open session. Council adjourned into executive session at 8:58p.m. Deputy Mayor Hattenburg declared Council out of executive session at 9:28 p.m., at which time it was moved and seconded and unanimously agreed to adjourn. ATTEST: ______________________________ Pam Haley, Mayor ___________________________ Marci Patterson, City Clerk Council Meeting Minutes, Study Session: 01-02-2024 Page 4 of 4 Approved by Council: MINUTES City of Spokane Valley City Council Regular Meeting Formal Format Tuesday, March 26, 2024 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in Council Chambers, and also remotely via Zoom meeting. ___________________ Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Tim Hattenburg, Deputy Mayor Erik Lamb, Deputy City Manager Rod Higgins, Councilmember Chelsie Taylor, Finance Director Jessica Yaeger, Councilmember Gloria Mantz, City Services Administrator Al Merkel, Councilmember Kelly Konkright, City Attorney Laura Padden, Councilmember Jill Smith, Communications Manager Ben Wick, Councilmember Bill Helbig, Community & PW Director Tony Beattie, Sr. Deputy City Attorney Dave Ellis, Police Chief Virginia Clough, Legislative Policy Coordinator John Bottelli, Parks & Rec Director John Whitehead, HR Director Mike Basinger, Economic Development Director Deanna Horton, Administrative Assistant Morgan Koudelka, Sr. Administrative Analyst Adam Jackson, Engineering Manager Deputy Pratt, Homeless Outreach Officer Chad Knodel, IT Manager Marci Patterson, City Clerk INVOCATION: Pastor Manuel Denning with Fountain Ministries Church gave the invocation. 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 Hattenburg to approve the presented agenda, seconded and agreed unanimously. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COUNCILMEMBER REPORTS Councilmember Yaeger: attended a Meals on Wheels event. Councilmember Padden: spoke about the recent trip to Washington DC and noted that they met with Representative McMorris Rodgers, Senator Murray and DOJ. Councilmember Higgins: attended the steering committee of elected officials meeting. Councilmember Wick: attended a ribbon cutting for travelers insurance, attended an East Valley School strategic core planning meeting, Spokane valley fire department strategic planning meeting and a FMSIB meeting six year investment plan meeting. He also attend an HCDAC kick off meeting and a Kiwanis club meeting. Deputy Mayor Hattenburg: spoke about STA related projects in our area and the importance of STA in our area for all our residents. He also spoke about the STA funding and the benefits of having such a robust transit system in our area. Council Meeting Minutes, Formal: 03-26-2024 Page 1 of 5 Approved by Council: Councilmember Merkel: spoke about his meeting with the Opioid Abatement Board. He also spoke about his concerns over the Sprague Stormwater Project and produced nearly 100 emails from people against the stormwater project. He noted that he would submit the emails as part of the packet. The Mayor attended the STA committee meeting as well and provided an update on the para transit opportunities for the residents of the city. PROCLAMATIONS: GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited comments from the public. Mr. Mike Dolan, Spokane Valley: spoke about the reprimand that was given to Councilmember Merkel, the Governance Manual and car tabs. Ms. Mary Lloyd, Spokane Valley: spoke about the Mirabeau Transit Center and that she is excited to see the newest STA project grow the area. Mr. Dan Allison, Spokane Valley: spoke about the Pines GSP and the railroad group that has left the area and asked about the funding. City Manager Hohman provided clarification on the project for Mr. Allison. Ms. Kim Pollari, Spokane Valley: spoke about the SCRAP contract review. Mr. Tim Malick, Spokane: spoke about SCRAPS not being an animal shelter. Ms. Kendra Dinning, Spokane Valley: spoke about SCRAPS employment and the lack of skills for an animal shelter or agency. Mr. Jason Schriver, Spokane Valley: spoke about SCRAPS Executive Director and the incorrect information he feels was presented to council at the previous council meeting. Mr. John Harding, Spokane Valley: spoke about the repeat felons, a possible roundtable event for a jail discussion and addressing judges, and processing issues. 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 January 23, 2024, Request for Council Action Form: $260,394.85. b. Approval of Payroll for Pay Period Ending March 15, 2024: $562,129.92. c. Approval of Council Meeting Minutes of January 9, 2024 d. Approval of Council Meeting Minutes of January 17, 2024 e. Approval of Council Meeting Minutes of January 23, 2024 f. Approval of Council Meeting Minutes of March 12, 2024 It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to approve the Consent Agenda. 2. Resolution 24-007: Commitment to Safe Communities Councilmember Yaeger It was moved by Deputy Mayor Hattenburg and seconded to approve Resolution #24-007 declaring our commitment to a safe community and the elimination of any and all activities that contribute to the influx of illegal activities. Councilmember Yaeger read the resolution aloud and provided a brief summary on why she requested the resolution be adopted. Councilmember Merkel questioned the legal impacts of the resolution, the statements of facts and how we would summarize the intent of the resolution. Mayor Haley invited public comment. Mr. Mike Dolan, Spokane Valley stated he supported the proposal, but felt it should have been a proclamation. Vote by acclamation: in favor: Mayor Haley, Councilmembers Wick, Padden, Yaeger, and Higgins. Opposed: Councilmember Merkel. Motion carried. 3. Motion Consideration: Mayoral Appointment Planning Commission Mayor Haley It was moved by Deputy Mayor Hattenburg and seconded to confirm the Kelly to the Planning Commission for a term beginning March 26, 2024 and ending December 31, 2025. Mayor Haley stated that she had an hour-long conversation with Mr. Kelly and felt that he would be a qualified resident to add to the Planning Commission. Councilmember Merkel questioned why the previous applicants were not considered. Mayor Haley stated that they were offered the chance to submit an Council Meeting Minutes, Formal: 03-26-2024 Page 2 of 5 Approved by Council: application and only one previous individual applied. Mayor Haley invited public comments; no public comments were offered. Vote by acclamation: in favor: Mayor Haley, Councilmembers Wick, Padden, Yaeger, and Higgins. Opposed: None. Councilmember Merkel chose to abstain as he stated he did not have the opportunity to talk to Mr. Kelly. Per the Governance Manual, abstaining is not permitted. Clerk Patterson did not correct the abstention. Motion carried. 4. Motion Consideration: Street Maintenance Interlocal Agreement - Bill Helbig It was moved by Deputy Mayor Hattenburg and seconded to authorize the City Manager to finalize and execute the Interlocal Agreement for Road and Traffic Maintenance and Miscellaneous Services between Spokane County and the City. Mr. Helbig reviewed the background information provided in the RCA and reviewed the current interlocal considerations. Council briefly discussed the terms of the interlocal. Mayor Haley invited public comments. Mr. John Harding, Spokane Valley: stated he had concerns about traffic, several intersections where they have to wait for multiple lights to travel through traffic. Vote by acclamation: in favor: Mayor Haley, Councilmembers Wick, Padden, Yaeger, and Higgins. Opposed: Councilmember Merkel. Motion carried. 5. Motion Consideration: FMSIB Grant Applications Adam Jackson Prior to the motion, Councilmember Wick requested to recuse himself as he is on the FMSIB Board and will be a part of the grant application approvals with FMSIB. Mayor Haley approved the request and Councilmember Wick excused himself out of chambers until the item was completed. It was moved by Deputy Mayor Hattenburg and seconded to authorize the City Manager, or designee, to Table 1. Mr. Jackson spoke about the meeting that he had with FMSIB today and the need to revise table 1 was based on that conversation. He also provided background on the FMSIB call for projects and what is needed to be considered eligible for the projects. He stated that staff reviewed the grant scoring criteria and compared to our legislative agenda and the other city programs and came up with the Table of recommendations for projects. Council briefly discussed the projects listed and the funding that would be requested. Mayor Haley incited public comments; no comments were offered. Vote by acclamation: in favor: Mayor Haley, Councilmembers Padden, Yaeger, and Higgins. Opposed: Councilmember Merkel. Councilmember Wick was recused. Motion carried. Councilmember Wick was invited back into the meeting after the vote on the grant applications. ADMINISTRATIVE REPORTS: 6. Admin Report: Regional Stabilization Center Potential Expansion Erik Lamb, Justin Johnson Mr. Lamb introduced the Director of Spokane County Community Services Department, Mr. Justin Johnson, Integrated Behavioral Healthcare Manager, Ms. Ashley Magee, Integrated Care Coordinator, Ms. Jessica Thompson and Spokane County Homeless Services Deputy, Mr. Josh Pratt. Mr. Johnson spoke about the Spokane Regional Stabilization Center and the services that are provided at the facility. Currently, there are 45 beds total and they provide 23-hour crisis relief and sobering services. Ms. Thompson provided additional details on what the crisis relief center is and what the requirements are for the facility. Ms. Magee explained the details on the expansion project and that it would all for more individuals to access services and assist in the prevention of future behavioral health crises and divert from hospitals and the criminal justice system. Allowing these services in a single location helps to address multiple needs in a seamless transition from one service to another. Mr. Johnson stated that the partnership for the center is critical in getting the funding support that is needed and will allow the growth for the center that is also needed. Council discussed the collaboration with the surrounding community and agreed the center has greatly assisted with those in need of assistance. The council provided a consensus to allow the Mayor to sign support letters to assist the county with requesting federal funding for expansion of the center. 7. Admin Report: Commute Trip Reduction Interlocal Morgan Koudelka Mr. Koudelka discussed the state required program that Spokane Valley has historically had an interlocal agreement with Spokane County for providing the required services. There are currently 18 affected Council Meeting Minutes, Formal: 03-26-2024 Page 3 of 5 Approved by Council: employers that must comply with the program requirements, the city being one of the employers. Mr. Koudelka stated that there were not any substantive changes from the previous agreementand that the county would retain the funding to administer the program and facilitate all the requirements from the state. Council discussed various topics to include the CTR board representation, how the state handles the funding, and reporting of the data that is compiled. The council provided a consensus to bring the interlocal agreement forward to a future council meeting for approval. 8. Advance Agenda Mayor Haley Councilmember Yaeger asked about a community clean up event for Earth Day for next year as it was too late for this year. Councilmember Wick noted that while the city may not be able to do an Earth Day event, th the Kiwanis group was cleaning the Appleway Trail on the 20 of April and invited the community to participate. City Manager Hohman stated the city was collaborating with WSDOT for litter clean up as well and would follow up with an admin report on the details if council approved. Consensus was provided to bring back an admin report with an update on the WSDOT collaboration. Councilmember Merkel asked about considering having a town hall on Sprague Stormwater project and admin report to cancel the report. There was not consensus to move that item forward. Councilmember Merkel requested that committees being open to the public. There was not consensus to move that item forward. Councilmember Merkel requested to have an ordinance to have minutes to get it done at the following meeting. There was not consensus to bring that item forward. Councilmember Merkel spoke about changing the city code regarding the trees along the street line as he believes they are covering the business signs. There was not consensus to bring the item forward. Councilmember Merkel requested the city submit an amicus brief regarding supreme court Johnson v grants pass. Deputy City Manager Lamb stated that it may be too late to sign on at this time, but would look into a summary of arguments that AWC will come out at a later date. Councilmember Merkel amended his request to be an admin report covering the summary of arguments from AWC. Council provided consensus to add that item to the advance agenda. INFORMATION ONLY (will not be reported or discussed) 9. Department Monthly Reports 10. Fire Dept Monthly Report COUNCIL COMMENTS Councilmember Merkel made a general comment about a youth volleyball tournament in town and felt it should be posted on the website. He also questioned the marketing services RFQ and wanted to know what it was for. Councilmember Merkel submitted his own changes to the RFP for homeless outreach services and submitted it for the record. Councilmember Merkel spoke about the Sprague Stormwater project. Deputy Mayor Hattenburg stated that the Sprague Stormwater project is for just over a block and not 10 miles and there is state funding involved. City Manager Hohman noted that staff spoke with property and business owners when the project initially started. Councilmember Higgins cautioned that opening the SCRAPS contract to review it could double or triple our funding requirements. Councilmember Padden stated that she may be gone for the meeting next week but may be able to Zoom in and was looking for approval for the absence. Permission was granted for the absence. Councilmember Merkel brought up the Sprague Stormwater project once again. Councilmember Higgins poised a Point of Order. Mayor Haley asked that he speak to the point. Councilmember Higgins noted that the topic had already been discussed. Mayor Haley noted that point and agreed and asked to move to city manager comments. Council Meeting Minutes, Formal: 03-26-2024 Page 4 of 5 Approved by Council: CITY MANAGER COMMENTS City Manager Hohman stated that the Right-Sizing Police Project presentations will begin next week and provided dates and locations for each of the presentations and open houses. He also stated that the meeting for April 9th will be a special meeting and will begin at 5:00pm - Andrew Ballard will be facilitating that meeting as well. It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:10 p.m. ATTEST: ________________________________ Pam Haley, Mayor ____________________________ Marci Patterson, City Clerk Council Meeting Minutes, Formal: 03-26-2024 Page 5 of 5 Approved by Council: MINUTES City of Spokane Valley City Council Study Session Meeting Tuesday, April 2, 2024 Mayor Haley called the meeting to order at 6:00 p.m. The meeting was held in person in Council Chambers, and also remotely via Zoom meeting. ___________________ Attendance: Councilmembers Staff Pam Haley, Councilmember John Hohman, City Manager Rod Higgins, Councilmember Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember Chelsie Taylor, Finance Director Laura Padden, Councilmember (via Zoom) Gloria Mantz, City Services Administrator Al Merkel, Councilmember Kelly Konkright, City Attorney Ben Wick, Councilmember Bill Helbig, Community & PW Director Jessica Yaeger, Councilmember Jill Smith, Communications Manager Tony Beattie, Sr. Deputy City Attorney Dave Ellis, Police Chief Mike Basinger, Economic Dev. Director John Bottelli, Parks & Rec Director John Whitehead, HR Director Erica Amsden, CIP Engineering Manager Rob Lochmiller, CIP Engineering Manager Sarah Farr, Accounting & Finance Program Mngr Morgan Koudelka, Sr. Administrative Analyst Nikki Kole, IT Specialist Marci Patterson, City Clerk ROLL CALL: City Clerk Patterson called roll; all Councilmembers were present with Councilmember Padden joining the meeting via Zoom. APPROVAL OF AMENDED AGENDA Prior to the motion, Councilmember Merkel questioned why the agenda was amended. Deputy Mayor Hattenburg noted that the action item regarding the CDBG funds was changed to a non-action item as there was not adequate time provided for the review of the 53 applications received and for council to make a decision on the applications. It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to approve the amended agenda. Mayor Haley read a statement regarding information on the Sprague Ave stormwater project. The Mayor also congratulated Councilmember Wick as the recipient of the 2023 Harry E. Nelson Citizen of the Year award. Councilmember Merkel stated a Point of Privilege. Mayor Haley asked him to state the point. Councilmember Merkel then provided a verbal dissent regarding what the Mayor had just presented. PROCLAMATION: Mayor Haley read the proclamation for National Public Health Week, which was accepted with thanks from Ms. Kelly Hawkins GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comment. Barb Howard, Spokane Valley (via Zoom): spoke about SCRAPS. Mr. Mike Dolan, Spokane Valley: spoke about the need for council to be non-partisan and not continue to bicker. Ms. Kim Pollari, Spokane Valley: spoke about the SCRAPS contract and holding them accountable to the contract. Council Meeting Minutes, Study Session: 04-02-2024 Page 1 of 4 Approved by Council: Ms. Anna Rounsville, Spokane Valley: spoke about SCRAPS and the Director of SCRAPS. Mr. Tim Malick, Spokane: spoke about the inaccuracies in the SCRAPS presentation at a previous council meeting. Ms. Kelle Masterson, Spokane Valley: spoke about the average number of days that the animals are held at SCRAPS and their claim not to be a shelter. Ms. Marie Pechous, Suncrest: spoke about the capacity functions at SCRAPS. Ms. Anna Martin, Spokane Valley: spoke about what a true no-kill shelter represents. Mr. John Harding, Spokane Valley: spoke about an article in the newspaper and thoughts about the need for a different form of government for the valley. Ms. Jason Schriver, Spokane Valley: spoke about SCRAPS and no-kill requirements and what little effort it takes to maintain a clean facility. Ms. Kendra Dinning, Spokane Valley: spoke about the former and current management of SCRAPS. Ms. Kim Slinger, Spokane Valley: spoke about her dismay at the way council conducts business. ACTION ITEM: 1. Motion Consideration: Bid Award, 16th Ave. Preservation Erica Amsden It was moved by Deputy Mayor Hattenburg and seconded to award the 16th Ave 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. Ms. Amsden provided additional details regarding the project and the bid award. Council discussed the bump outs at the corners/crosswalks and it was noted that it is compliant with ADA requirements and is a safety factor for pedestrians at the crosswalks. Mayor Haley called for public comment. Mr. Mike Dolan, Spokane Valley questioned the bump outs and the impact on snow removal, large trucks and questioned why children need them. City Manager Hohman stated the bump outs have been reviewed by the engineering department and are the best practice for all pedestrian traffic. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 2. Motion Consideration: Commute Trip Reduction Interlocal Morgan Koudelka It was moved by Deputy Mayor Hattenburg and seconded to authorize City Manager to finalize and execute the 2023-2025 Interlocal Agreement for Spokane County Commute Trip Reduction Services. Mr. Koudelka briefly explained the interlocal agreement and a background on the program. Councilmember Merkel made a motion to amend the contract to include monitoring and evaluation requirements such that we are collecting put in a process where we can have input into the administrator that the county has chosen should they choose to change the administrator. With no second, the motion died. Mayor Haley continued the discussion to include cost questions should the city try to administer the funding in house. Mr. Koudelka stated that there is not time for current staff to administer the funding and the funding we receive would not cover additional staff to administer funds. Mayor Haley called for public comment; no comments were provided. Vote by acclamation on the original motion: in favor: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Higgins, Wick, Yaeger and Padden. Opposed: Councilmember Merkel. Motion carried. 3. Motion Consideration: Barker Corridor Right of Way Consultant Contract Rob Lochmiller It was moved by Deputy Mayor Hattenburg and seconded 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. Mr. Lochmiller provided details on the project regarding the scope of work for the contractor, background on the project and an overview of the breakdown of project. Council discussed cost and qualifications of the consultant to do the project. As a federal funded project, there are additional details required for the contractor on the project. This project was extensively reviewed and will serve current and future traffic well. Mayor Haley called for public comment. Mr. Bob West, Spokane Valley: stated that he appreciated the City Managers comments but feels that we should just train an engineer on staff to do the work. Vote by acclamation on the original motion: in favor: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Higgins, Wick, Yaeger and Padden. Opposed: Councilmember Merkel. Motion carried. 4. Motion Consideration: Potential Grant Opportunity, Housing and Urban Development Gloria Mantz Mayor Haley called for a recess at 7:35 p.m.; she reconvened the meeting at 7:45 p.m. Council Meeting Minutes, Study Session: 04-02-2024 Page 2 of 4 Approved by Council: NON-ACTION ITEMS: 4. Admin Report: Housing and Urban Development, 2024 Program Funding Gloria Mantz Ms. Mantz provided details on the background of the funding and reviewed the current city set-aside amounts for each funding opportunity. She stated that the county received 53 applications in total for all funding sources and provided a summary sheet detailing each application. Deputy Mayor Hattenburg provided additional details on the applications and the selection process as he and Councilmember Wick are part of the selection board. He highlighted some of the Spokane Valley businesses that service our residents and that they would be prioritizing those applications during the selection process. Those applications included and Mirabeau Townhouse. Council discussed the applicants and how funding is appropriated. Ultimately, council agreed that recommended applicants were a good option to move forward with during the selection process. 5. Admin Report Police Funding Update Erik Lamb, Chief Ellis, Chelsie Taylor, Morgan Koudelka Mr. Lamb opened the discussion by introducing city staff, Chief Ellis and Deanna Gregory with Pacifica Law Group (via Zoom). Ms. Gregory then presented a PowerPoint presentation that detailed options for council to review for election considerations for funding the police and the legal requirements for each option. Ms. Gregory provided details on a property tax levy lid lift and a public safety sales tax and a utility tax. She went over differences in the options in great detail and then provided information on timing for each option for election purposes and implementation of funds. Mr. Lamb reviewed the cost of the officers and Mr. Koudelka provided details on the remaining phases of the implantation of the officers. Council thoroughly discussed the variety of options and questioned timing of each election cycle and when funding would happen. If council chose to utilize the August primary election, staff noted that they would need to return in a very short period of time with all the necessary documentation to proceed with getting the item on the ballot. Ultimately at the end of the discussion, the consensus was to not proceed with putting anything on the August ballot. It was moved by Councilmember Yaeger and seconded and unanimously agreed to extend the meeting by 30 minutes. 6. Admin Report: Yellowstone Franchise Agreement Tony Beattie Mr. Beattie provided details regarding the need for the franchise agreement. This agreement will allow Yellowstone to make necessary changes to the pipeline location within the Pines Grade Separation Project. Council discussed the project timeline and if there were any fees associated with the agreement. A consensus was provided to bring the franchise ordinance forward to a future meeting. 7. Advance Agenda Mayor Haley Councilmember Merkel proposed a mandate that the 3 touches happen within a calendar year, there was not consensus to move that request forward. Councilmember Yaeger questioned the timing of Executive Sessions and the possibility of having them at the beginning of the meeting. City Manager Hohman noted that there are times when the Executive Sessions are at the beginning of the meeting and that it was typically based on the availability of the councilmembers. Councilmember Merkel requested an Ordinance that would prohibit the council from taking action after an Executive Session unless in emergency situations. There was not consensus to bring that item forward. COUNCIL COMMENTS meetings. CITY MANAGER COMMENTS Mr. Hohman thanked the members of the public that attended the Right Sizing Police Project Open House that evening. He also mentioned that the council meeting the following week would be a Special Meeting that would be a follow-up on the Strategic Planning meeting from February and would be facilitated by Andrew Ballard with Marketing Solutions. Council Meeting Minutes, Study Session: 04-02-2024 Page 3 of 4 Approved by Council: It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:06p.m. ATTEST: ______________________________ Pam Haley, Mayor ___________________________ Marci Patterson, City Clerk Council Meeting Minutes, Study Session: 04-02-2024 Page 4 of 4 Approved by Council: MINUTES City of Spokane Valley City Council Special Meeting Tuesday, April 9, 2024 Mayor Haley called the meeting to order at 5 p.m. The meeting was held in person by Council and staff in Council Chambers, and also remotely via Zoom meeting. ___________________ Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Tim Hattenburg, Deputy Mayor Erik Lamb, Deputy City Manager Rod Higgins, Councilmember Chelsie Taylor, Finance Director Laura Padden, Councilmember Gloria Mantz, City Services Administrator Al Merkel, Councilmember Kelly Konkright, City Attorney Jessica Yaeger, Councilmember Bill Helbig, Community & PW Director Ben Wick , Councilmember John Bottelli, Parks & Rec Director John Whitehead, Human Resources Director Tony Beattie, Sr. Deputy City Attorney Jill Smith, Communications Manager Mike Basinger, Economic Dev. Director Dave Ellis, Police Chief Justan Kinsel, IT Specialist Marci Patterson, City Clerk ROLL CALL: City Clerk Patterson called roll; all Councilmembers were present. WELCOME: Mayor Haley opened the meeting with an introduction of Andrew Ballard with Marketing Solutions as our facilitator for the Strategic Planning meeting. Mr. Ballard opened with a review of the agenda for the evening and a brief overview of the previous Strategic Planning meeting held on February 13, 2024. COUNCIL 2026 PRIORITY GOALS: Mr. Ballard reviewed the procedures for the 4-step process to get to the councils 2026 priority goals. He stated that each councilmember will be allowed three opportunities for brainstorming a topic to add to the board. There are 21 openings for the brainstorming in order to get to the goal concepts. Mr. Ballard reviewed the previous SWOT (strengths, weaknesses, opportunities, and threats) report from the previous meeting. Councilmembers brainstormed a variety of topics. Once 21 brainstorming ideas were listed, council then consolidated some of the ideas on the list and prioritized each goal. Mr. Ballard called for a recess at 6:10 p.m.; she reconvened the meeting at 6:25 p.m. The final component of the process was to frame up the top five council goals. Council discussed the goals they had initially outlined and narrowed the scope down to ultimately achieve the five goals. 1. Increase public safety response to ensure everyone feels safe in Spokane Valley. 2. Expand homeownership opportunities so more local people own homes. 3. Continue economic development efforts to maximize business growth. 4. Maintain our strong financial position. 5. Utilize strategic partnerships to aggressively reduce and prevent Spokane Valley homelessness. Once the goals were achieved, Mr. Ballard stated that the goals were very well stated and would be something the city could use to work with. He provided closing remarks and Mayor Haley thanked Mr. Ballard for his time and assistance with the workshop. Council Meeting Minutes, Study Session: 01-17-2024 Page 1 of 2 Approved by Council: It was moved by Mayor Haley, seconded and unanimously agreed to adjourn.The meeting adjourned at 7:27 p.m. ATTEST: ______________________________ Pam Haley, Mayor ___________________________ Marci Patterson, City Clerk Council Meeting Minutes, Study Session: 01-17-2024 Page 2 of 2 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 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: First Reading of 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. Consideration of Ordinance 24-005 on 3-12-2024. Adoption of Resolution 24-006 on 4-16-2024. BACKGROUND: At the April 16, 2024, Council meeting, Council adopted 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. Due to the addition of Chapter 5 to the Governance Manual, 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. This is the second time these proposed changes have been presented to Council. Council first considered Ordinance 24-005 during the March 12, 2024, Council meeting. OPTIONS: (1) Adopt Ordinance 24-005, or (2) take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: I move to advance Ordinance 24-005 Amending Section 18.20.030 and Appendix B of the Spokane Valley Municipal Code to a second reading. 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: April 23, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: Motion Consideration: Clean Building Requirements and Potential Grant Opportunity GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: April 12, 2024: Admin report discussing Clean Building requirements and two potential grant opportunities. BACKGROUND: Governor Inslee signed the Clean Building Law (H.B. 1257) in 2019 and Senate Bill 5722 in 2022. The Department of Commerce (Commerce) developed energy performance standards for non- residential buildings. Tier 2 buildings have a gross area between 20,000 and 50,000 square feet (sq ft). Tier 1 buildings have a gross area that exceeds 50,000 sq ft. These requirements apply to three city-owned buildings: CenterPlace (56,055 sq ft), City Hall (65,299 sq ft) and the Police Precint (22,010 sq ft). Compliance dates for the city’s Tier 1 and Tier 2 buildings are June 1, 2028, and June 1, 2027, respectively. These standards implement the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 100-2018. WAC 194-50-001. The law aims to reduce carbon pollution caused by non-residential buildings by establishing energy use intensity targets (EUIt) specific to Washington. The law has the added effect of requiring buildings to efficiently use energy saving measures. There are several preliminary steps required for compliance. First, the City must conduct a benchmark for Tier 1 buildings which is the process of measuring and tracking energy use. This process is intended to document building characteristics and energy consumption so it can be compared to similar buildings. This must be done using at least 12 consecutive months of data. The benchmark was completed for City Hall and CenterPlace and indicates that City Hall meets the required target, however, CenterPlace does not. An energy audit will be required for CenterPlace to determine the most cost effective measures to achieve the required target. The audit is estimated to cost $40,000. For Tier 1 and Tier 2 buildings, the City also has to establish and implement an operation and maintenance (O&M) program. The purpose of this program is to preserve the life of energy systems. The O&M program must be implemented at least 12 months prior to the compliance date. Concurrently, the City must establish an energy management plan which identifies energy efficiency measures that will enable the building to meet its target energy use. The energy management plan establishes energy efficiency measures to reach and maintain compliance, develops a replacement schedule of key assets, establishes training plans. The estimated cost of developing the O&M program and energy management plan is estimated to cost $10,000 to $15,000 per building. Page 1 of 2 There are two funding opportunities that can help offset the initial costs of the Clean Building requirements: 1) Energy Efficiency Revolving and Conservation Formula (EERCF) Program. The formula allocation for the City for the EERCF program is $154,350. Applications are due on April 30, 2024. This funding can be utilized for developing and implementing energy efficiency strategies, audits, and conducting energy retrofits. Staff recommend applying for this funding opportunity for $154,350 to develop the O&M program and energy management plan for the Tier 1 and Tier 2 buildings owned by the City and to make energy upgrades up to $100,000 at one of the City owned facilities. 2) Washington State Department of Commerce (Commerce) Clean Building Audit Incentive Program. Commerce is accepting applications until April 20, 2025 contingent on funding availability. This funding provides up $0.50/sq ft of floor area to conduct energy audit. Staff recommend pursuing this funding opportunity to pay for a portion of the audit cost for Centerplace or approximately $28K. Staff estimates both applications can be prepared in one week. OPTIONS: 1) Proceed with the staff recommendation and move to authorize the City Manager to apply for the EERCF Program and the Clean Building Audit Incentive Program, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to apply for the EERCF Program and the Clean Building Audit Incentive Program as proposed by staff, or 2) take other appropriate action. BUDGET/FINANCIAL IMPACTS: The 2024 budget does not include funding to comply with the Clean Building requirements. The initial estimate to complete an audit for CenterPlace ($40,000) and developing the O&M program and energy management plan ($45,000) is estimated to cost $85,000. The ongoing costs to implement the Clean Building requirements will be determined when the O&M program, energy management plan and audit are completed. STAFF CONTACT: Gloria Mantz, City Services Administrator ATTACHMENTS: Presentation Page 2 of 2 Agenda Background Clean Building Requirements Clean Building Requirements Clean Building Requirements Early Adopter Incentive Program Budget Impacts Potential Grant Opportunity Potential Grant Opportunity CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: Motion Consideration –Parks Janitorial Contract GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Parks Maintenance Agreement: Contract 16- 174, Awarded 12/17/2016; Administrative Report: Parks Maintenance Contract, 11/15/2022; Administrative Report: Parks Maintenance Update, 5/30/2023; Administrative Report: Park Maintenance Contract, 8/8/2023; Administrative Report: Park Maintenance RFP Update, 12/05/2023. Motion Consideration: Park Landscape Maintenance Contract Awards, 12/12/2024. BACKGROUND: The City of Spokane Valley offers a diverse range of parks and trails throughout its parks system for use and enjoyment of residents and visitors. As a contract city, Spokane Valley contracted for its Parks System Maintenance needs through a single contractor from 2005 through 2023. Three successive contracts for City-wide parks maintenance Services were competitively bid through RFP processes in 2004, 2009, and 2016, the last of which expired December 31, 2023. In 2016, the City received one bid from Senske Services. At that time, Council identified serious concerns about the structure of the contract resulting in a lack of competition and only receiving one bid. The contract with Senske Services from 2016 through 2023 included all necessary services, including traditional landscape work, janitorial services, event set-up, and general maintenance services. It also had no provision for price escalation and so there were no price increases during the contract term other than for added park areas or services. As a result of the contractor providing services through the term of the contract without any price increases and the all-inclusive structure of the contract, the City experienced increasing service challenges and burden on contract management in the final years of the contract. Throughout 2023 staff held three successive discussions with Council regarding park maintenance services and how best to structure future Parks Maintenance RFP(s) to be competitively bid for new contracts beginning in 2024. The dates of these meetings are listed above under the Previous Council Action Taken section of this report. In August of 2023 the City Council provided consensus to utilize a “multiple contractor” approach for Park Maintenance services beginning in 2024. This included breaking services into multiple contracts, including (1) contracts for traditional landscape maintenance services, (2) janitorial and event set-up services, and (3) maintenance work. Based on this direction from Council, the first step in this process was an RFP for Landscape Maintenance Services that resulted in three separate contracts being awarded in December 2023 for the City’s Signature Parks, Designated Parks, and Linear Parks and Roadways to Senske Services and to Clearwater Summit Group. The new model also separates out needed park services such as janitorial and event services to enable more competition and opportunity. On March 19, 2024, an RFP was issued for Janitorial and Event Services across all the City’s Parks and Trail facilities during the Parks Season, which is generally mid-April to mid-October each year. The RFP was advertised in the Valley Herald, The Exchange, and the Spokesman Review, as well as on the City Website. The RFP was also sent directly to all registered vendors on the MRSC roster. A Pre-submittal meeting was held at City Hall on March 27, which was attended by two interested companies. Two proposals were received by the submittal deadline of April 9, 2024. A selection committee comprised of City staff reviewed the proposals on April 9 and held informal interviews with both firms on April 10, 2024. The two firms who submitted proposals were Senske Services and ABM Industry Groups, LLC, with local offices in Spokane Valley and Spokane respectively. Senske Services had the higher scored submittal and the lower of the two base bids, at $275,002.71. Notably, ABM’s base bid was very close to that amount at $275,700.00. Given the close bid amounts, staff believe this reflects the true cost of the required work. The services to be provided under the base bid amount include daily cleaning and re-stocking of 34 park restrooms and 20 picnic sheltersseven days per week, as well as posting, preparing, and cleaning up after approximately 450 park reservations and special events. In addition to the base bid, the contract provides for unforeseen increases in the number of park reservations during the season, or for providing extra event support services for larger community events such as Valleyfest, Crave!, or others and for unanticipated maintenance needs. The City is budgeting an additional $50,000 for these unanticipated increases or needs and event support, but such amount will not be paid unless work actually is required and occurs. The Contract Documents provide for a high level of service and accountability, with performance metrics and reporting requirements to ensure value to the City for the services provided. OPTIONS: Move to award the Contract for Janitorial and Event Services, Parks and Trails, to Senske Services, and authorize the City Manager to negotiate, finalize and execute said contract; or take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to award the Contract for Janitorial and Event Services, Parks and Trails, to Senske Services, in an amount not to exceed $325,002.71 in the first year, and authorize the City Manager to negotiate, finalize and execute said contract in substantially the form as attached. BUDGET/FINANCIAL IMPACTS: The Adopted 2024 Parks Maintenance Budget is $1,618,105 (including one new parks maintenance position and a Parks Maintenance Coordinator position in the Parks Administration Division). The previously awarded landscape maintenance contracts and other estimated expenses anticipated a 2024 Budget Amendment of at least $668,752 for total anticipated 2024 costs of $2,286,857. With the award of the Janitorial and Event Services Contract, anticipated 2024 costs will be $2,419,165. This will necessitate an additional $132,308 in the pending 2024 Budget Amendment. Finance has indicated that the General Fund can currently support this increase based on estimated 2024 and 2025 budgeted revenues and expenditures. STAFF CONTACT: John Bottelli, Parks & Recreation Director ATTACHMENTS: 1. PowerPoint Presentation 2. Contract for Janitorial and Event Services Contract No 24-095 JANITORIAL AND EVENT SERVICES AGREEMENT Parks and Trails Senske Lawn and Tree Care, Inc. THIS AGREEMENT (the “Agreement”) is made by and between the City of Spokane Valley, a code city of the State of Washington (“City”) and Senske Lawn and Tree Care, Inc., (“Contractor”) jointly referred to as the “Parties”. IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1.Work to Be Performed. Contractor shall do all work and furnish all labor, supervision, tools, materials, supplies and equipment and other items necessary for the Scope of Services (hereinafter “Work”) described in Exhibit A – Special Provisions. The Contract Documents include this Agreement, Exhibit A - Special Provisions, Exhibit B –Bid Schedule, Exhibit C - Insurance Certificates, and Exhibit D - Performance and Payment Bonds which are by this reference incorporated herein and made part hereof (the “Contract Documents”). The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the compensation set forth in the Contractor’s bid proposal attached hereto, assume and be responsible for the cost and expense of all work required for completing the Work and related activities provided for in the Contract Documents (except those items mentioned therein to be furnished by the City) to City’s satisfaction. The City Manager, or designee, shall administer and be the primary contact for Contractor. Upon notice from City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this Agreement. Unless otherwise directed by the City, all work shall be performed in conformance with the Contract Documents, and all City, state and federal standards, codes, ordinances, regulations and laws as now existing or as may be adopted or amended. Contractor acknowledges review of the Contract Documents and accepts the same. 2.Term of Contract. This agreement shall be in full force and effect upon execution and shall remain in st effect through December 31, 2026, with three additional one-year renewal options which may be exercised by the City Manager or designee. Renewals, if any, shall coincide with the calendar year. The City may terminate the contract with a minimum of 120 days’ written notice. The Contractor may terminate the contract by sending written notice prior to November 1 of each year to the City stating the Contractor’s intent to terminate. Termination by the Contractor shall be effective no sooner than January 1 of the following year. In the event of such termination by either party, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the effective date of termination. 3.Liquidated Damages. See section 4, Compensation, and section 5, Payment for details regarding incomplete or unsatisfactory Work. 4.Compensation. Contractor shall be compensated as follows: Parks Janitorial and Event Services Agreement 2024 Page 1 of 10 Contract No 24-095 Lump sum compensation for base bid services. The City shall pay the Contractor up to $275,00.7 annually as full compensation for all Work as identified in the Contract Documents. Compensation may be adjusted pursuant to the Special Provisions for subsequent contract years or renewals. Unit pricing for additional event services. In the event that the City requests the Contractor to assist with additional reservations or special events beyond the maximum combined total number outlined in the Special Provisions and bid schedule for each month then the City shall pay the following rate for each additional reservation or special event: $50.00. Unit pricing for additional restroom cleanings. In the event that the City requests that the Contractor assist with additional restroom cleanings beyond the maximum required of two per restroom per day pursuant to Section 3.1 in the Special Provisions or additional cleanings beyond what is required for park reservations or special events pursuant to Section 4.1 in the Special Provisions, then the City shall pay the following rate for each additional cleaning: $65.00. Large Community Event Services. Upon request, the Contractor shall provide an estimate of the costs for event services for specific community events as noted in Section 4.2 of the Special Provisions. If the Contractor is directed by the City to complete the work, the City shall pay the Contractor based on an approved estimate that is inclusive of furnishing all tools, labor, equipment, and materials required. Any amount above the estimate shall be borne by the Contractor unless agreed to in writing by the City. The costs of 4(b), 4(c), and 4(d) above shall not exceed $25,000 in the aggregate, inclusive of any applicable sales tax, unless agreed to in writing by the parties with a formal amendment. Force account maintenance work. Upon the request of the City for the Contractor to complete specific work outside the scope of the lump sum contract, the City shall pay the Contractor on a time and materials basis for all work completed and materials used based on an estimate provided by the Contractor and approved by the City. Force account maintenance shall not exceed $25,000 inclusive of sales tax per year. 5.Payment. Contractor shall be paid in seven monthly installments each equal to 1/7 of the amount of compensation owed pursuant to section 4(a) above, less amounts identified in section 5(a) and 5(b) below. The Contractor shall also be paid for additional event services, restroom cleanings, large community event services, and any force account maintenance work as contemplated by the Special Provisions, and sections 4(b) – 4(f) above. The Contractor shall submit invoices to the City which document the work performed for the previous month. The City shall pay the Contractor within 30 days of receipt of a properly submitted invoice that has been approved by the City, except as described in section 5(a) and 5(b) below. Upon request, the Contractor shall provide further documentation to support the invoice. (a)Pursuant to RCW 60.28 et seq., 5% of the compensation due Contractor shall be retained by City and administered in accordance with applicable Washington law. (b)The City reserves the right to withhold payment under this Agreement for that portion of the Work (if any) which is determined in the reasonable judgment of the Contract Administrator to be incomplete or noncompliant with the Contract Documents, Special Provisions, City standards, City code, or federal or state standards. The amount withheld shall be determined in the reasonable Parks Janitorial and Event Services Agreement 2024 Page 2 of 10 Contract No 24-095 judgment of the Contract Administrator, based on the estimated value of the incomplete or noncompliant work, which was not timely remedied pursuant to section 2.4 of the Special Provisions. 6. Notice.Noticeother than applications for paymentshall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Marci Patterson, City Clerk Name: Andrew Spears Phone: (509) 921-1000 Phone: (509) 308-1238 Address: 10210 East Sprague Ave Address: 7115 E Cataldo Spokane Valley, WA 99206 Spokane Valley, WA 99212 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws, codes and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters – Primary Covered Transactions. A. By executing this Agreement, the Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 9. Prevailing Wages on Public Works. Contractor, any subcontractor, or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries (“L&I”). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. The contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to Parks Janitorial and Event Services Agreement 2024 Page 3 of 10 Contract No 24-095 comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project, published by L&I are located at the L&I website address: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ B. This Project is located in Spokane County. C. Except as provided herein, the effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the offices of City located at 10210 East Sprague, Spokane Valley, WA 99206. Upon request, the City will mail a hard copy of the applicable prevailing wages for this project. Pursuant to WAC 296-127-023, Contractor shall pay the applicable prevailing wages in effect on January 1 of each subsequent contract year. 10. Relationship of the Parties. It is understood, agreed, and declared that Contractor shall be an independent contractor, and not the agent or employee of City, that City is interested in only 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 Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. As such, the Contractor shall be solely responsible for the safety of all Contractor employees and shall comply with all appropriate state safety and health standards, codes, rules, and regulations, including, but not limited to, those promulgated under the Washington Industry Safety and Health Act, chapter 49.17 RCW, and Title 296 WAC. 11. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Contractor under this Agreement are and shall be the property of City and may be subject to disclosure pursuant to chapter 42.56 RCW, or other applicable public record laws. 12. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor’s records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor’s other obligations under this Agreement. Parks Janitorial and Event Services Agreement 2024 Page 4 of 10 Contract No 24-095 14. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed, registered and bonded by the State of Washington at all times this Agreement is in effect. 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond each in the full amount of the contract on the City’s bond forms, which shall be executed and attached to this Agreement as part of the Contract Documents. 16. Insurance. Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor’s work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers’ compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Contractor’s insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor’s insurance and shall not contribute with it. Parks Janitorial and Event Services Agreement 2024 Page 5 of 10 Contract No 24-095 2. Contractor shall fax or send electronically in .pdf format a copy of the insurer’s cancellation notice within two business days of receipt by Contractor. 3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. D. No Limitation. The Contractor’s maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement, which shall be included herein as a Contract Document. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. G. Maintaining Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days’ notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor-provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 17. Criminal Background Checks. Contractor agrees that it shall not ask or direct any person to go to any City Park property in the performance of this Agreement, whether the person is an employee or volunteer, unless that person has passed a criminal background check by an agreed upon entity that performs criminal background checks as a part of its regular services. 18. Indemnification and Hold Harmless. Contractor shall at its sole expense, defend, indemnify, and hold harmless the City, and its officers, agents, Parks Janitorial and Event Services Agreement 2024 Page 6 of 10 Contract No 24-095 employees and volunteers from any and all claims, actions, suits, liability, loss, costs, attorney’s fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Contractor, Contractor’s agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, except for injuries and damages caused by the sole negligence of the City, and subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 19. Waiver. No officer, employee, agent, or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 20. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 21. Confidentiality. Contractor may, from time to time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 22. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County, unless otherwise required by applicable federal or state law. The prevailing party in any legal action arising out of this Agreement shall be entitled to recover their reasonable attorney fees and costs incurred in said action. 23. Subcontractor Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first-tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 24. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. This Agreement shall be interpreted, enforced, and governed by Washington law. Parks Janitorial and Event Services Agreement 2024 Page 7 of 10 Contract No 24-095 25. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. 26. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 27. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business. 28. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in subsection G, below (“Pertinent Non-Discrimination Authorities”) relative to non-discrimination in federally-assisted programs as adopted or amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Contractor, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. Contractor shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. Withholding payments to Contractor under the Agreement until Contractor complies; and/or Parks Janitorial and Event Services Agreement 2024 Page 8 of 10 Contract No 24-095 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; Parks Janitorial and Event Services Agreement 2024 Page 9 of 10 Contract No 24-095 The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. §1681 et seq.). 29. Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 30. Attachments. Attachments and Exhibits incorporated into this Agreement are: Exhibit A – Special Provisions Exhibit B – Bid Schedule Exhibit C – Insurance Certificates Exhibit D – Payment and Performance Bonds The Parties have executed this Agreement this day of __________, 2024. CITY OF SPOKANE VALLEY: Contractor: John Hohman, City Manager By: Its: Authorized Representative ATTEST: APPROVED AS TO FORM: Marci Patterson, City Clerk Office of the City Attorney Parks Janitorial and Event Services Agreement 2024 Page 10 of 10 Exhibit A SPECIAL PROVISIONS FOR JANITORIAL AND EVENT SERVICES PARKS AND TRAILS 1 GENERAL REQUIREMENTS AND CONTRACT PROVISIONS This Chapter includes ¢®³± ¢³ ¬ ¦¤¬¤³ ¯±®µ¨²¨®² and requirements for payment approval. 1.1 WORK SUMMARY The City of Spokane Valley is contracting purchased services for the regular cleaning and preparation of park restrooms, shelters, and other facilities operated by the Parks and Recreation Department in specified parks and paved trails including the Centennial Trail and Appleway Trail. General expectations of these services include: Cleaning and sanitizing restrooms Cleaning and sanitizing picnic shelters Cleaning and sanitizing drinking fountains Posting facility reservations at picnic shelters and park kiosks Litter control Moving picnic tables Emptying garbage cans Restocking restroom supplies Replacing interior and exterior light bulbs Sweeping patios, hardscapes, and walkways Preparing for Special Events Responding to calls for extra cleaning Pressure washing Cleaning picnic benches and trash receptacles Monitoring grounds and facilities to provide recommendations for maintenance Additionally, this contract includes the supplying of all labor, materials and supplies necessary to fulfill the terms of the contract. The work description above is not all inclusive but is representative of a comprehensivejanitorial and event servicescontract. This contract does not include landscape maintenance services. 1.2 OBJECTIVE The objective of this janitorial and event services contract is to provide consistently well- maintained facilities that are clean, healthy, and safe. The City is seeking a high-quality contractor that is responsive, reliable, and provides superior service. 1.3 GENERAL INFORMATION These Special Provisions focus on the daily cleaning of restrooms and picnic shelters throughout the City Park System which includes approximately 7 miles of the Centennial Trail, the 6.5-mile City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ Appleway Trail and nine Neighborhood, Community and Regional Parks. There is currently one (1) restroom (vault toilet) on the City-managed portion of the Centennial Trail at Barker Rd. There are three (3) restroom buildings on the City’s Appleway Trail, each with two individual restrooms. And there are 11 restroom buildings with 32 separate restrooms and 20 picnic shelters of various sizes distributed throughout the rest of the City parks. Also included in this contract are several unique amenities such as a concrete stage, covered pavilion, waterfall viewing platforms, and various outdoor event spaces where community events and private rentals may occur. The parks host numerous park reservations and special events each year such as weddings, fun runs, company picnics, and car shows. The contractor will be responsible for assisting in these events by posting reservation notices and cleaning and preparing park facilities before and after events. Duties may include special preparations, alteration of routine schedules, moving picnic tables, unlocking gates and bollards, checking electrical outlets, coordinating with landscaping contractors to turn off irrigation, and other assistance as needed. Special events are generally pre- scheduled but may require action on short notice. The park properties included in the scope of services for this contract are: Balfour Park located at 105 N. Balfour Road (1 restroom building) Browns Park located at 3101 S. Pines Road (2 restroom bldgs., 3 shelters) Edgecliff Park located at 800 S. Park Road (1 restroom bldg., 1 shelter) Greenacres Park located at 1311 N. Long Road (1 restroom bldg., 2 shelters) Sullivan Park located at 1901 N Sullivan Road (1 restroom bldg., 3 shelters) th Terrace View Park located at 13525 E. 24 Ave. (1 restroom bldg., 1 shelter) Valley Mission Park located at 11123 E. Mission Avenue (1 restroom bldg., 1 shelter) Mirabeau Point Park located at 13500 E. Mirabeau Parkway, including: o Mirabeau Meadows (1 restroom bldg., 1 shelter, 1 stage) o Mirabeau Springs Waterfall and Pond (1 gazebo, dock, decking) CenterPlace Regional Event Center located at 2426 N. Discovery Place, including: o West Lawn Plaza at CenterPlace, (1 restroom building, hardscape plaza, pavilion) o Discovery Playground (2 restroom bldgs., 2 picnic shelters, shade canopy) Appleway Trail o Trailhead located at 201 S. University Road (1 restroom bldg.) o Trailhead located at 3 S. Tschirley Road (1 restroom bldg.) nd o Trailhead located at 14310 E. 2 Ave (1 restroom bldg.) Centennial Trail o Trailhead located at 2210 N Barker Road (vault toilet) 1.4 CONTRACT TYPE This Contract is a lump sum fixed fee, purchased service-type Contract. Prevailing wages are required to be paid to the Contractor’s employeesper chapter 39.12 RCW. Pursuant to RCW 60.28 et seq., 5% of the compensation due to the contractor shall be retained by the City and administered in accordance with applicable Washington law. The City will City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ release the retainage annually when the affidavit of wages paid has been approved by the WA State Department of Labor and Industries. Contractor to Provide Performance and Payment Bonds. The contractor shall provide a payment bond and a performance bond in the full amount of the contract on the City’s bond forms. 1.5 MINIMUM REQUIREMENTS 1. Firms must have experience in the provision of janitorial and/or event services similar in nature and scope to those described in these Special Provisions.Anemphasis on public park system maintenance is preferred due to the critical nature of frequent interaction with our citizenry. 2. Firms must have sufficient equipment and vehicles to perform the services outlined herein. 3. Firms must have employees to fulfill the necessary roles and who meet the necessary qualifications to carry out the work described in these Special Provisions. 4. Knowledge of and compliance with federal, state, and local laws and regulations including but not limited to relevant licenses and requirements necessary to complete the work. 5. Firms must have adequate locked, secured storage including inside storage for the equipment and supplies necessary to complete the work herein. 6. Response time is critical to this contract. Successful firm shall be located within the City of Spokane Valley or be able to demonstrate the ability to consistently respond when called within 30 minutes. 7. Successful firms shall be required to obtain a City of Spokane Valley business registration. 1.6 CONTRACT ADMINISTRATOR The City Manager’s designated Administrator for this contract is the Parks & Recreation Director or his/her assigns. The day-to-day field inspection and oversight of the contract will be administered by City Parks & Recreation Department personnel following these Special Provisions. 1.7 ONE GENERAL CONTRACTOR 1.7.1 Subcontractors The Contractor shall neither subcontract nor assignany obligation or interest in this agreement without the prior written approval of the City. All subcontracted work will remain the sole responsibility of the general Contractor and the general Contractor will remain the sole contact with the City. 1.7.2 Contractor’s Supervisor The Contractor shall designate a competent supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. 1.8 CONTRACT DOCUMENTS City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ The complete Contract includes these parts: The Janitorial and Event Services Agreement, these Special Provisions, the Contractor’s Base Bid Schedule, Insurance Certificates, and the Performance and Payment Bonds. These parts complement eachother in describing the complete work. Any requirement binds as if stated in all parts. The contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 1.9 CONTRACT TERM The contract shall commenceon the date the contract isexecuted and continue through December 31, 2026. Thereafter thecontract may be renewed annually, with up to three additional one-year terms. Renewals shall coincide with the calendar year. The City may terminate the contract with a minimum of 120 days’ written notice. The Contractor may terminate the contract by sending written notice prior to November 1 of each year to the City stating the Contractor’s intent to terminate. Such termination by the Contractor shall be effective no sooner than January 1 of the following year. 1.10 COMPENSATION The lump sum fixed price items include all supplies, labor, material, components, equipment, insurance and bond costs, and appurtenances necessary to complete the services which shall conform to the best practice known to the trade in design, quality, material, and workmanship and be subject to these Special Provisions in full. These Special Provisions shall be construed as minimum performance. Prices shall remain firm for the duration of the contract except as noted in section 1.19 of these Special Provisions. 1.11 CONTRACTOR REQUIRED QUALIFICATIONS The Contractor reaffirms meeting all required qualifications and will remain qualified throughout the duration of the Contract and subsequent contract renewals. The Contractor represents and warrants to the City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the Contractor to practice its profession. The Contractor shall maintain a City of Spokane Valley business license. If the Contractor’s status changes at any time, the Contractor shall immediately inform the Administrator of the change in qualification status. The Contractor shall also supply in writing to the Administrator the Contractor’s written plan and timeframe for reinstatement of acceptable status. 1.12 EXAMINATION OF WORK SITES The Contractor acknowledges visiting thework areas and becoming fully acquainted with site conditions to understand the facilities, difficulties, and restrictions attending the execution of the work under the contract prior to executing this contract. The failure or omission of the Contractor to receive or examine any form, instrument, or other documents, or to visit the City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ sitesand get acquainted with conditions existing therein and verifying project area dimensions, shall in no way relievethe Contractorfrom obligation with respect to his/her original proposed bid or to this contract. 1.13 CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS & SUPPORT FACILITIES Unlessstatedotherwiseandagreedin writing,theContractoris expectedtoprovideall materials, supplies and support facilities required to execute Contract obligations. This will include, but not be limited to equipment, cleaning supplies, paper products, trash bags, garbage cans, disposal containers, support facilities, vehicle oil and fuel, etc. 1.13.1SupportFacilities The City will not provide equipment storage, shop facilities, workspace, or office space aspart of this contract. The Contractor will be responsible for providing all support facilities at their own location(s). The Contractor shall furnish at its own expense, storage and/or repair facilities for equipment. The Contractor will not be required to locate such facilities within the City. 1.13.2 Equipment Identification All vehicles used by the Contractor mustbe clearly identified with the name of the company. 1.14 VERIFICATION OF COMPLIANCE Non-compliance with any applicable law, rule, permit requirement, or regulation relatedto this work shall be reported to the City immediately. The City may require that the Contractor provide a report of the infraction(s) and steps that will be taken by the Contractor to regain compliance. Any continued non-compliance is grounds for the City to penalize the Contractor, up to and including withholding of payment, or early dismissal from the Contract. Failure to meet the terms of these Special Provisions is more specifically covered by Sections 1.18.1 and 2.4 herein, and section 5(b) of the Janitorial and Event Services Agreement. 1.15 DEBRIS DISPOSAL Allcollected material, debris, and litter becomes the property of the Contractor and shall be disposed of in a manner consistent with federal, state, and local laws. The Contractor shall pay all costs associated with disposal of the collected material,including collection, storage, transportation, and tipping fees. 1.16 CHANGES, CORRECTIONS, AND CLARIFICATIONS City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ 1.16.1 Changes The City reserves the right to make, at any time during the contract term, such changes in quantities and such alterations in these Special Provisions as are necessary to satisfactorily complete the work. Such changes in quantities and alterations shall not invalidate the Contract nor release the Performance and Payment Bond, and the Contractor agrees to perform the work as altered. Among others, these changes and alterations may include: Deleting any part of the janitorial or event services work Increasing or decreasing quantities Altering these Special Provisions Altering the way the janitorial or event services work is performed Adding new janitorial or event services work Altering facilities, equipment, materials, services, or sites, provided by the Contracting Agency Ordering the Contractor to speed up or delay the janitorial or event services work Any change that affects the overall Contract effort and amount of work to be performed or that costs or saves Contractor and/or City resources shall be documented through a contract amendment and shall indicate any associated impacts on price,schedule, or performance. The City will execute a writtencontract amendment, negotiated with theContractor, priorto the implementation of any change unless ordered by the City through emergency action(s). Any change not executed through written documentation and acceptance will not be valid unless the change is determined to be a Correction and/or Clarifications. 1.16.2 Corrections & Clarifications To continuously improve City operations and return value to citizens and rate payers, Corrections and/or Clarifications to these Special Provisionsmay be required from time to time. Where a change is of no value in time or cost to either the Contractor or the City, it will be determined to be a Correction and/or Clarification and shall be updated within and become part of these Contract documents through addendum. The City reserves the right to update and revise the Special Provisions reflecting any changes by addendum with the optional contract annual renewal. 1.17 PREVAILING WAGES The Contractorshall complywith all state and federal laws relating to the employment of labor and wage rates to be paid. The hourly wages and benefits of laborers, workers, or mechanics shall not be less than the applicable prevailing wages published by the Department of Labor & Industries (LNI) for Spokane County. Find the most recent prevailing wage rates at LNI’s website at: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ The contractor shalluse rates effective April 8, 2024. Pursuant to WAC 296-127-023, prevailing wage rates for janitorial services shall be adjusted annually to include the current rate of City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ prevailing wages. If this adjustment in prevailing wages is not covered by the annual renewal adjustment as described in Section 1.19, the City shall bear the cost of any necessary increase, which shall be reflected in the annual renewal. No payment will be made until the Contractor hassubmitted a “Statement of Intent toPay Prevailing Wages.” No final payment or release of any bond will be made on a Contract Term until the Contractor has submitted an “Affidavit of Wages Paid”. These documents must be certified by the industrial statistician of the Washington State Department of Labor and Industries and the “owners” copy shall be in the possession of the City. 1.18 PAYMENT AUTHORIZATION 1.18.1 CityInspection The City will periodically inspect the work and condition of facilities under the careof the Contractor. If the Contractor’s work or conditions at the City’s facilities are shown to not meet these Special Provisions, the Contractor will be notified of the deficiency and allowed to respond to meet the standard pursuant to Section 2.4 of these Special Provisions. If the deficiency is not made whole within the time specified, the Administrator reserves the right to withhold payment pursuant to section 5(b) of the Janitorial and Event Services Agreement. 1.18.2 Contractor Reports The Contractor shall complete and transmit to the City thereferenced reporting documents included in these Special Provisions, including the following at the identified frequency: Annual work plans – annually by April 15 Periodic reports – with each invoice Annual report – annually by November 15 1.18.3 Pay Estimate Submittal,Review, & Approval Paymentsshallbemadeafterreview,approval,andauthorizationbytheCity.Payment authorization shall be conditioned upon the submittal of an invoice including a breakdown of work and services that have been provided as specified in Section 2.5.2 – Periodic Reporting. Invoices for lump sum services (regular custodial work and typical park reservations/special events) may be submitted monthly for 7 equal amounts from April through October, and may include additional charges, as applicable, for reservations and special events in excess of the monthly lump sum amounts. Invoices for approved Force Account maintenance or repair work may be submitted on an as-needed basis upon completion and approval of work performed. Generally, park reservations and special events occur between April 15 and October 15. The city may request,and the contractor may agree to perform additional maintenance or repair work or provide services for special events outside these dates on a case-by-case basis. 1.19 ANNUAL FEE ADJUSTMENT City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ The Contractor and/or the City may requestan adjustment of the lump sumfixed fee annually no later than November 1st for the following calendar year. Such prices shall be negotiated by the City and Contractor and shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI-U) or 3%, whichever is less. The reference point will be the CPI-U for September. The source of this percent change shall be the U.S. Department of Labor, Bureau of Labor Statistics. Notwithstanding the foregoing, pursuant to Section 1.17 herein, the Contractor must update and pay prevailing wages to the most recently published and effective Washington State Department of Labor & Industries rates for the next annual term. 2 GENERAL SPECIFICATIONS This Chapter discusses general items on Contractor and City conduct in executing the work. 2.1 WORK PLAN 2.1.1Annual Work Plan The Contractor shall submit an annualwork plan to the City in accordance with Section 1.18.2 – Contractor Reports. The plan communicates who, when, and how the Contractor will complete all planned work during the course of the year. Adjustments to the plan during the year may be necessary and the Contractor is to work with City staff on any necessary revisions. The Annual Work Plan should indicate suchthings as: Contact Information: contractor owner, supervisor(s), and crew lead(s), including cell phone numbers and, if applicable, email addresses. Planned invoicing amounts, periods, contact information, and a sample invoice with associated periodic report. Specific schedules for typical, daily routine work (for example only): o “Clean <Park Name> restroomsand shelter at 6 a.m. on Mondays,” etc. o “Post reservation notices by noon on Wednesdays,”etc. o “Inspect <facilities by location/times perweek>,” etc. General schedules for other work, for example: o Staff availability for scheduled park reservations and call-outs What types of equipment will be used, where, and when Any product or material information the contractor intends to use during the year (i.e. cleaners, sanitizers, custodial supplies, etc.) Self-inspection plan and reporting Employee uniform example City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ Weekly Work Plans If different from the Annual Work Plan, the Contractor shall submit an email to City designated staff and identify weekly work plans indicating where the Contractor will be working and what activities will be performed. It may be sent up to one day in advance for the next work period. 2.2 CONTRACTOR’S EMPLOYEES 2.2.1Licenses Contractor and staff who are supplying services under this agreement shall always possess and carry a valid driver’s license issued by the State of Washington and have all applicable certifications and licenses required to perform the contracted work. 2.2.2Uniforms Contractor employees shall be dressed professionally for the custodial and event services industry. Uniform approval is required by the city. 2.3 PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements, structures, utility facilities, adjacent property, trees, shrubbery, and motor vehicles. In the eventof property damage, the Contractor shall notify the property owners and City within 24 hours of the time of occurrence. If such objects are injured or damaged by reason oftheContractor’s operation, they shall be repaired at the Contractor’s expense to a condition as good as when the Contractor entered upon the work. Repairs to property damaged by the Contractor damaged by the contractor shall be made within 48 hours unless there is a different time agreed to by the parties. Any damage to utility lines shall be repaired immediately and in accordance with the appropriate building code under permits issued by the City in coordination with the utility provider affected. All costs shall be borne by the Contractor. 2.4 COMPLAINTS AND DEFICIENCIES Allcomplaintsand deficiencies, with regards tothis Contractshall be addressed and abated as soon as possible after notification, to the satisfaction of the City. The City will notify the Contractor by telephone, email, in writing, and/or other agreed upon method of each matter. City notifications to the Contractor will include a description of the issue and location. 2.4.1Deficiencies Allwork deficiencies of Contractor shall be corrected within 24 hours of notification from the City unless noted otherwise in these Special Provisions, or otherwise agreed to in writing to extend the time. City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ Writtennotification may be e-mailed, handdeliveredorpostmailed. As soon as the Contractor has corrected the listed deficiencies, the Contractor shall notify the designated City staff and request inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the designated City staff has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. 2.4.2Failure toPerform If the Contractor does not remedy the deficiency within the time allotted per 2.4.1, the City may withhold payment pursuant to section 5(b) of the Janitorial and Event Services Agreement. 2.5 INSPECTIONS & REPORTING 2.5.1City Inspections The City will periodically inspect the condition of each area depicted in these Special Provisions. The conditions shall be measured based on these Special Provisions and City staff judgment. 2.5.2Periodic Reporting The Contractor shall provide self-inspections and/or records of workit performs in each area depicted in these Special Provisions to provide as backup for each period invoiced. 2.5.3 Annual report The Contractor shallsubmit an annualreport by November15 each year that includes, at a minimum: A review of the Annual Work Plan’s scheduled tasks compared to the actual deliverables, including a comparison of whether or not tasks were consistently or reliably completed. A description of new or existing custodial or facility deficiencies and recommended remedies. Any recommendations for changes to Special Provisions that improve efficiency to the objective of this contract. 2.6 LOST AND FOUND All lost and found items shall be noted and locked in an agreed upon location. A record of lost and found items when encountered shall be submitted to the Administrator. The City shall be responsible for receiving calls and returning items to the public. Items not claimed shall be disposed of in a fair and appropriate manner at the City’s discretion; the contractor shall never dispose of any items without specific direction from the City to do such. In no case will the items be returned to the finder unless warranted by law. City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ 2.7 PARK SCHEDULE The parks are open for use by the public January 1 – December 31 (year-round). Park services (restrooms, park reservations, special events, etc.) are generally provided during the Park Season, April 15 – October 15. These may vary depending on weather/use. During the park season, park restrooms and picnic shelters require daily custodial service, seven days per week, with multiple stops at the same location often required. Custodial operations that coincide with the public’s use of the park facilities are generally required to be performed throughout the day, Monday-Sunday between the hours of 6:00AM and 5:00PM. The Contractor shall work in and around public use and always be courteous and respectful to park visitors. Weekend use by the public is extensive and extra weekend cleanings and event services may be required. Park Hours: park facilities are open and available for public use from 6:00AM – 9:00PM, April thththth 15 through October 15 (and from 6:00AM to 7:00PM, October 16 through April 14). 2.8 SERVICE LEVELS SUBJECT TO CHANGE These statements represent the City’s attempt to provide an overview of anticipated services. It should be understood by the bidders that the City park system is not static. The contractor’s ability and willingness to work in a dynamic system in a unique public/private partnership is critical to the success of this contract. Changes in quantities or service levels may, at the discretion of the City, be addressed in contract amendments or through annual price adjustments as contemplated in Section 1.19. 3 WORK SPECIFICATIONS – STANDARD FACILITY CLEANING This Chapter describes ±®´³¨¤ © ¨³®±¨ « ¶ork to be performed in ¯ ±ª ±¤²³±®®¬² £ ²§¤«³¤± areas including standards, schedule, quantity,and location. 3.1 CLEANING AND SANITATION OF RESTROOMS 3.1.1 General Requirements All park restrooms shall be cleaned completely a minimum of once per day seven days each week and re-inspected, restocked and/or cleaned as required a minimum of one additional time each day. Restrooms shall also receive inspection and spot cleaning whenever contractor personnel are on site for related or unrelated work. Additional cleaningsmay be required based on usage, park reservations, or special events and the contractor will be responsible for maintaining standards. Representative standards include but are not limited to: Empty trash and sanitary napkin holders, replace liners as needed. Replace all paper products to ensure sufficient supply until the following day. City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ All light fixtures shall be working properly and inspected daily; lamps replaced as needed; damaged fixtures reported to Director or designee. Toilet bowls and urinals shall be cleaned and disinfected daily. Hard water stains, rust, or other discoloration or soiling shall be removed. Sinks shall be scrubbed clean and disinfected daily. Disinfect fixtures, sinks, around floor drains, trash containers, walls, and doors, including all handles. Drinking Fountains shall be cleaned and sanitized on a daily basis. All porcelain and metal surfaces shall bewiped clean and disinfected. Walls and ceiling wiped clean where required, including cobwebs, dust, etc. from ledges, cracks, crevices, corners, etc. Sweep, mop or hose down floors and entrance ways. Squeegee as needed to prevent puddling. Pressure washing shall be required when needed. Restrooms shall smell clean and disinfected. All fixtures shall be working properly and reported immediately upon discovery of problems unless otherwise arranged with Parks and Recreation Director. Restrooms shallalways be deodorized through automatic spray, solid deodorizer or other method proposed by contractor and acceptable to Director. All storage facilities (pipe alleys) approved for use by the contractor shall be kept neat, clean, orderly, and free of offensive odors. All leaking fixtures, clogged drains, or other inoperable plumbing fixtures shall be reported immediately to the Director or designee and the Director or designee shall be notified of remedies or temporary closures. 3.1.2 Schedule The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The expected restroom services season is from April 15 – October 15 of each year. The estimated number of weekly cleanings is approximately 7-14 cleanings per restroom facility. Initial daily cleaning of restrooms shall be completed by 9:00 a.m. Every restroom shall be visited and inspected at least one additional time daily after 2:00 p.m. and re-stocked and/or cleaned again if conditions warrant. 3.1.3Storage/Receiving The contractor shall provide storage on their own premises. Traditional storage items are materials and supplies necessary to carry out the responsibilities outlined herein. Use of pipe alleys or other city premises for storage of supplies or equipment shall be prohibited except as approved in writing by Director or designee. City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ 3.1.4 Measurement & Location The approximate combinedarea of park and trail restroomfacilitiesis 6,000square feet. See maps and tables in Appendix A for more details. 3.1.5 Payment Payment shall be the lump sum Contract price for “Cleaning and Sanitation of Restrooms” inclusive of furnishing all tools, labor, equipment, and materials required. 3.2 CLEANING OF PICNIC SHELTERS AND PARK PLAZAS 3.2.1General Requirements Picnic shelters including picnic tables, counters, sinks, drinking fountains or other fixtures shall be cleaned and disinfected daily. Hard surfaces including shelter floors and entrances, plazas, pavilions, stages, and associated pathways, shall be swept, vacuumed or blown off as needed to maintain a clean appearance.Pressure washing shall be required when needed. Litter shall be collected, and garbage cans emptied from picnic shelters and event plazas. Trash containers, as noted in Appendix A, are available for use by the Contractor and are considered adequate. Additional containers may be provided by Contractor. Where decorative containers are desired by the City, the City shall purchase those containers. Representative standards include but are not limited to: Wipe down and/or scrub clean and sanitize picnic shelter tables and benches daily. Collect and remove litter and debris including cigarette buts, cardboard, paper, plastic, cans, bottles, food waste, containers, clothing, scrap metal, wood, etc. Empty trash cansand replace liners as needed. Shelter sinks and counters shall be scrubbed clean and disinfected daily. Drinking Fountains shall be cleaned and sanitized daily. Shelter support posts and ceilings shall be wiped clean where required, including cobwebs, dust, etc. from ledges, cracks, crevices, corners, etc. Concrete surfaces shall be swept, mopped or hosed down as needed. Squeegee as needed to prevent puddling. Pressure washing shall be required when needed. Electrical outlets shall be inspected and working properly; damaged fixtures shall be immediately reported to the Director or designee. City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ 3.2.1Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. 3.2.2Measurement The approximate combined area of picnic shelters is 14,000 square feet. See maps and tables in Appendix A for more details. 3.2.3Payment Payment shall be lump sum Contract price for “Cleaning of Picnic Shelters and Park Plazas” and is inclusive of furnishing all tools, labor, equipment, and materials required. 4 WORK SPECIFICATIONS – FACILITY RESERVATIONS AND SPECIAL EVENTS, LARGE COMMUNITY EVENTS, AND ADDITIONAL RESTROOM CLEANINGS This Chapter describes the work to be performed ¥®± ¯±¤¯ ±¨¦ ¯ ±ª ²§¤«³¤±² £ ¥ ¢¨«¨³¨¤² ¥®± ¯ ±ª ±¤²¤±µ ³¨®² £ ²¯¤¢¨ « eventsǾ « ±¦¤ ¢®¬¬´¨³¸ ¤µ¤³²Ǿ £ ¤·³± ±¤²³±®®¬ ¢«¤ ¨¦² including standards, schedule, quantity, and location. 4.1 PARK FACILITY RESERVATIONS & SPECIAL EVENTS 4.1.1General Requirements The contractor shall be responsible for printing and posting park reservations and special events at picnic shelters and/or park kiosks. Restrooms are to be cleaned daily but also tidied and restocked and/or re-cleaned, if necessary, prior to and after each park reservation or special event. Picnic shelters are to be cleaned daily but alsoprior to and after each reserveduse. Tables shall be wiped or sprayed clean as needed to remove all foreign material. Floors shall be swept and/orhosed off, and garbage cans shall be emptied prior to the start of each reservation if more than one third full. Care shall be taken to prevent water damageto structures and equipment. Depending uponthe number of reservations, this work may need to be done multiple times per day. 4.1.2 Schedule and Notification Park facilities may be used free of charge on a first-come, first-served basis, as long as the space is available and not reserved already. Park Reservations generally must be scheduled City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ by the customer a minimum of 48 hours in advance of the requested date and Special Events for 200 or more people must be scheduled 2 weeks in advance. City staff will provide park reservation postings for the Contractor to print and hang in the parks by Wednesday each week for the following week and send any new reservations received The reservation season for all for the then-current week to the Contractor as they occur. park facilities is from April 15 to October 15 of each year, seven days per week. Large shelters may be reserved in 5-hour blocks at Browns Park, Edgecliff Park, Greenacres Park, Mirabeau Meadows, Sullivan Park, Terrace View Park and Valley Mission Park: Large Shelters are available for two predefined, set times: from 9 am to 2 pm and 4 pm to 9 pm including customer setup and takedown. Small shelters at Discovery Playground, Browns Park and Mirabeau Springs may be reserved in 2-hour blocks: Set times for small shelters are: 10 am to noon, 1 to 3 pm, 4 to 6 pm including customer setup and takedown. Reserved shelters must be cleaned and prepared by the Contractor a minimum of 30 minutes prior to the customer’s reservation time. Contractor staff shall verify and document shelter and restroom conditions within 30 minutes of reservation start time and re-clean if necessary. Shelter reservations and special events sometimes require unlocking and relocking bollards, gates, and electrical boxes, and coordinating with landscaping contractors to adjust irrigation schedules. The following maximum combined total shelter reservations & special events per month shall be included in the lump sum contract value: Avg Lg. Shelters Avg. Sm. Shelters Max. Combined Total April: 10 6 16 May: 30 12 42 June: 75 30 105 July: 75 20 95 August: 75 20 95 September: 55 15 70 October: 15 5 20 City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ 4.1.3Measurement The approximate combined area of park picnic shelters is 14,000 square feet. Events may involve use of additional park spaces including stages, pavilions and plazas. See maps and tables in Appendix Afor more details. 4.1.4Payment Payment shall be lump sum Contract price for “Park Reservations and Special Events” and is inclusive offurnishing all tools, labor, equipment, and materials required.If the number of park reservations and special events in a given month exceeds the maximum amounts listed in section 4.1.2 above then the Contractor shall invoice the City for each event overage according to the unit price for “Additional Park Shelter Reservations” which shall be inclusive of furnishing all tools, labor, equipment, and materials required. 4.2 LARGE COMMUNITY EVENT PREPARATION AND CLEANUP 4.2.1 General Requirements In addition to regular park shelter reservations and special events, the City parks also host a number of large community events each year which may involve participation by thousands of people and last for more than one day. The contractor shall be responsible for assisting in these events. Assistance may include special preparations, alteration of routine schedules, coordinating with landscaping contractors for irrigation adjustments, and other services. The determination of whether a scheduled event is classified as a Large Community Event shall occur at the sole discretion of the City and shall not be unreasonably withheld. Representative standards include but are not limited to: moving picnic tables and garbage cans erecting barricades and event structures placing special signage providing extra trash removal 4.2.2 Schedule and Notification Examples of large community events that occur annually include “Valleyfest” which is a multi-day community celebration at Mirabeau Point Park involving food trucks, vendors, and multiple stages for live performances and competitions, and “CRAVE! Food and Beverage Festival” which draws thousands of participants to the West Lawn Plaza at CenterPlace for multiple days of dining and celebration. The City may host or accommodate additional large community events, each involving special permits and advance planning with parks staff and event organizers. The City shall notify the City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ Contractor when such events are scheduled and work with Contractor in advance of event dates to plan for needed services. 4.2.3 Measurement 4.2.4 Large Community Events may occur in any of the City’s Park Spaces and Facilities. See maps and tables in Appendix A for more details. 4.2.5Payment Payment shall be based on a Time and Materials approved estimate for “Large Community Event Services” and is inclusive of furnishing all tools, labor, equipment, and materials required. 4.3 ADDITIONAL CLEANING AND SANITATION OF RESTROOMS 4.3.1General Requirements From time-to-time, activities of the public may render park restrooms which have previously been cleaned in accordance with the provisions of Section 3.1 above (up to two times daily) or Section 4.1 above (as required for park reservations or special events) unusable or in need of additional service. In these circumstances the City may request, and the Contractor shall provide additional cleaning and sanitation. 4.3.2Schedule and Notification Additional cleaning and sanitation of restrooms as described in this section shall either be requested by the City Parks Director or designee or approved by the Director or designee upon request of the Contractorprior to work commencing. 4.3.3Payment Payment shall be the lump sum Contract price for “Additional Restroom Cleanings”and is inclusive of furnishing all tools, labor, equipment, and materials required. City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ 5 INSPECTION The Contactor shall perform visual site inspections when onsite for scheduled work. The Contractor shall notifythe City if any, but not limited to, the following are discovered: Graffiti Damage to restroom facilities, picnic shelters, benches, tables, kiosks, signs, or other fixtures Cracked concrete, crumbling edges of surfaces Damage to curbs or pathways Damaged or missing bollards or bollard locking mechanisms Area lights not working Potential homeless encampments Maintenance requirements identified by these inspections that are not covered under previous sections should be reported to the City and may be paid per Chapter 6 “Force Account Services.” The determination of whether the work is unanticipated maintenance shall be made by the City. The City may also request and the Contractor may agree to perform other maintenance on a time and materials basis for services not otherwise contemplated in these Special Provisions. 6 FORCE ACCOUNT MAINTENANCE AND REPAIRS The City may approve additional unanticipated maintenance work up to $25,000 at its sole discretion. If requested by the City, the Contractor shall provide a proposal outlining time and materials costs for the maintenance work. No unanticipated maintenance work shall commence prior to written approval from the City. It is within the sole discretion of the City to determine whether the maintenance is within the Special Provisions, and thus covered by the lump sum costs. In making this determination, the City may request that the Contractor provide a proposal outlining time and materials costs for the work and an explanation as to why/how the work is outside the scope of these Special Provisions. 7 LOCATIONS AND ESTIMATED QUANTITIES The attached appendices contain approximate quantities and the locations of the work to be performed under this contract. Appendix A: Estimated Quantities& Site Maps City of Spokane Valley Exhibit A – Special Provisions Janitorial and Event Services, Parks and Trails Contract No.: ________ Dock Stage Other W.L. Plaza Event Plaza Reservable? Counter Sink and Cans (#) Shelter / 1 Plaza Trash 0 1,7501,24043,40041,2004 Shelter(s) Size (Sq Ft) 29 1400117306 Picnic Shelters (#) 14,11 0 ft) 11,981 / Stage (sq 20 Event Plaza Baby Changing Station (#) 24,781 RR Drinking Fountains (#) (#) RR Trash Containers 31 901 1,100441,80021,240411,0502622,500 Size (Sq Ft) Restrooms 39 6,092 Towel DispensersHand Dryers 13 Appendix A Soap Dispensers 4 34 wĻƭƷƩƚƚƒ ğƓķ 9ǝĻƓƷ {ƦğĭĻ vǒğƓƷźƷźĻƭ ΛğƦƦƩƚǣ͵Μ 30 37 12 (#)ToiletsUrinalsSinksStalls Individual Restrooms 49 25555148052131222223002124750212312324803119004123123248073212634622144444448042211,00123124319223312422426002111262462 12222140121222214012122221401211114624444420422 Bldgs (#) Restroom 34 APPROX. QUANTITY TOTALS15 Park or Trail Location Name Appleway Trail University TrailheadAppleway Trail Best Rd TrailheadAppleway Trail Tschriley TrailheadCentennial Trail Barker TrailheadBalfour Park Browns ParkDiscovery PlaygroundEdgecliff ParkGreenacres ParkMirabeau Meadows Park Mirabeau Springs West Lawn PlazaSullivan Park Terrace View ParkValley Mission Park - North Browns Park, 3101 S. Pines Road Edgecliff Park, 800 S. Park Road Greenacres Park, 1311 N. Long Road Mirabeau Meadows Mirabeau Springs West Lawn Plaza Sullivan Park, 1901 N Sullivan Road Terrace View Park, 13525 E 24th Ave. Valley Mission Park, 11123 E Mission Ave. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 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 Valley Police Department Report GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Police Chief Ellis will give an overview of the Police Department’s current activity. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: Police Chief Ellis ATTACHMENTS: PowerPoint Presentation CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 Department Director Approval: Check all that apply: consentold businesspublic hearing information admin. report new business AGENDA ITEM TITLE: Local Drug Use Regulation GOVERNING LEGISLATION: RCW 69.50 et seq. and 69.41 et seq. as amended by SB 5536 PREVIOUS COUNCIL ACTION TAKEN: Administrative Report, May 16, 2023; Administrative Report, July 25, 2023. BACKGROUND: On May 16, 2023, the Governor signed SB 5536 into law (commonly referred to as “the Blake fix”), making use of illegal drugs in public and knowing possession gross misdemeanor crimes under Washington state law. At the February 20, 2024, Council meeting, Council requested staff present Council with information regarding the City’s ability to elevate drug possession in the City to a felony in the same or similar manner as Pierce County and the City of Tacoma. The City Attorney’s Office researched both Pierce County’s and Tacoma’s current drug possession/use laws, as well as Washington’s state law preemption doctrine. Neither Pierce County nor Tacoma have adopted any law designating drug possession/use crimes as felonies. Tacoma adopted its current drug possession code on June 13, 2023, after the Washington Legislature passed SB 5536 (commonly referred to as the “Blake fix”). Tacoma’s code incorporates the RCW drug possession criminal code as amended by SB 5536. Consequently, possession and/or use of legend drugs under Tacoma’s municipal code are gross misdemeanors with the same punishments as provided under the RCW. Attached herewith is a copy of Tacoma Municipal Code (“TMC”) 8.190 et seq. Pierce County’s drug possession code is similar. After the Washington Legislature reduced use and/or knowing possession of controlled substances to simple misdemeanors and required two warnings/referrals to treatment before charging persons with use and/or possession – but before passing SB 5536 – Pierce County Councilmember Marty Campbell proposed an ordinance making drug possession and/or use a gross misdemeanor (Pierce County proposed ordinance 2023-15s). However, the proposed ordinance was rescinded after SB 5536 was passed making possession and/or use gross misdemeanors. Pierce County appears to enforce only the RCW drug use and possession statutes due to the fact that there are no provisions in Pierce County’s criminal code (Title 9, Pierce County Code) governing possession or public use of controlled substances (other than certain exceptions for ephedrine and drug paraphernalia delivery – neither of which are designated as felony crimes). Under Washington’s preemption doctrine, a municipal ordinance may be preempted by Washington state law when and to the extent it conflicts with Washington law. See Washington Constitution, Article XI, § 11. The purpose of the preemption doctrine is to assure the supremacy of the laws passed by the Legislature. Preemption can occur expressly or by implication when the statute occupies the entire field, leaving no room for concurrent legislative jurisdiction. In regard to preemption in the area of controlled substances, the RCW expressly states: The state of Washington fully occupies and preempts the entire field of setting penalties for violations of the controlled substances act. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to controlled substances that are consistent with this chapter. Such local ordinances shall have the same penalties as provided for by state law. Local laws and ordinances that are inconsistent with the requirements of state law shall not be enacted and are preempted andrepealed, regardless of the nature of the code, charter, or home rule status of the city, town, county, or municipality. RCW 69.50.661 (emphasis added). By passing the above law, the Washington Legislature has made clear its intent to completely preempt and prevent the passage of local ordinances that prescribe penalties for drug use and/or possession that differ from those established by the Legislature. On a more fundamental level, the City does not have the power to designate what conduct does or does not constitute a felony crime. This is because the Washington Legislature only grants code cities the authority to create misdemeanor and gross misdemeanor crimes. Per RCW 35A.11.020, Council: \[M\]ay adopt and enforce ordinances of all kinds relating to and regulating its local or municipal affairs and appropriate to the good government of the city, and may impose penalties of fine not exceeding five thousand dollars or imprisonment for any term not exceeding one year, or both, for the violation of such ordinances, constituting a misdemeanor or gross misdemeanor as provided therein. However, the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. Consistent with RCW 35A.11.020, I am not aware of any municipality in Washington who has adopted ordinances designating conduct to constitute a felony crime. To my knowledge, the only city or county in Washington who has adopted enhanced penalties for drug use or possession is the City of Marysville. Like the RCW, the Marysville Municipal Code (“MMC”) makes using a controlled substance in a public place a gross misdemeanor punishable up to 180 days jail and/or a fine up to $1,000 for the first offense, and up to 364 days jail time and/or a $1,000 for two or more prior convictions for the same crime. See MMC 6.27.020. However, Marysville’s code goes further to impose a mandatory thirty (30) day jail sentence if the defendant has had two or more convictions of a “public rd disorder crime” within 5 years. “Public disorder crimes” include 3 degree theft, vehicle prowling, criminal trespass, and use of a controlled substance in a public area. See MMC 6.03.130. Marysville’s code is consistent with Washington law to the extent that it does not make the crimes felonies or increase the maximum jail time or fine. However, it does enact mandatory minimums for multiple offenses whereas the RCW simply provides a range of punishment without any mandatory minimum. Thus, the penalties for a third conviction of drug use/possession under the Marysville ordinance is 30 days to 364 days jail time, and the penalty under Washington law is 0 days to 364 days jail time. Under the plain language of RCW 69.50.611, the increase in the minimum jail time from 0 days to 30 days would likely be interpreted as not “the same penalties as provided for by state law.” Therefore, if Council wants to explore the Marysville model further, I recommend first having the City Attorney’s Office complete a comprehensive preemption analysis to fully assess the preemption risk. In speaking with Marysville’s city attorney, Marysville has and operates its own police department, municipal court, and municipal prosecutor. In comparison, Spokane Valley contracts with Spokane County to provide law enforcement, prosecution, court, and jail services. If Council wants to consider adopting mandatory sentencing minimums for controlled substance use and/or possession, then I also recommend first consulting with the Spokane County Sheriff’s Department, Spokane County Prosecutor’s Office, and Spokane County District Court to determine if the necessary coordination between the different local governments is feasible. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Kelly E. Konkright, City Attorney ___________________________________________________________________________ ATTACHMENTS: RCW 69.50.611; Tacoma Municipal Code 8.190 et seq. DJUZ!PG!TQPLBOF!WBMMFZ! Sfrvftu!gps!Dpvodjm!Bdujpo! ! Nffujoh!Ebuf;!April 23, 2024 Efqbsunfou!Ejsfdups!Bqqspwbm;! Difdl!bmm!uibu!bqqmz: consent old business new business public hearing information admin. report pending legislation executive session BHFOEB!JUFN!UJUMF;!!Cross Country Update HPWFSOJOH!MFHJTMBUJPO: Revised Code of Washington (RCW) 39.10 QSFWJPVT!DPVODJM!BDUJPO!UBLFO: On June 6, 2023, the Council heard a presentation and request from Spokane Sports to use $300,000 in TPA-generated revenue for sports recruitment and marketing. By consent, the Council directed staff to bring forward a motion to authorize the City Manager or designee to execute a contract with Spokane Sports for $300,000 to provide sports recruitment and marketing services for 2023. ! On June 20, 2023, Council approved a motion to approve City Manager or designee to execute a contract with Spokane Sports for $300,000 to provide sports recruitment and marketing services for 2023. On September 19, 2023, the Council authorized city staff to submit a 2024 Lodging Tax Grant Application, in partnership with Spokane Sports, for $4.4 million from the Lodging Tax Facilities Fund #104 to partially fund construction a cross country course. ! CBDLHSPVOE: In 2022, the City began a process to update its Tourism Strategy. This process included a SWOT analysis, a visioning process, and the identification of new development opportunities. The Tourism Strategy update process was led by a Project Steering Committee that included representation from hotels, arts & culture, parks & recreation, restaurants, events, sports, city administration, and the business community. The Tourism Strategy update process has resulted in a clear vision for the future of tourism in Spokane Valley and new development opportunities that have the potential to generate tourism. The strategy includes several recommendations for branding the City from a tourism perspective, as well as recommendations on how to utilize the City's TPA and lodging taxes to further develop tourism. The Tourism Strategy identified a cross country complex as the most favorable tourism asset for development based on return on investment. The cross country course at Flora Park is intended to host events for Youth, Middle School, High School, Collegiate, Post-Collegiate and Masters Athletes. This course will not only host premier events, but also serve the greater community through programming, clinics, and practice opportunities. In collaboration with Spokane Sports, it was determined that there was an opportunity to host NCAA Cross Country Championships if the course could be completed by 2025. To move this project forward, city staff hired an engineering planning consultant to design a course route and additional facilities such as a clubhouse, multiple restrooms, drop off and parking spaces, and other helpful infrastructure at the site. It was also determined that alternative delivery would be the best option for developing the course and meeting the aggressive timeline. In January 2024 Townsend Heery, received approval from the Washington State Project Review Committee (PRC) to use the Progressive Design Build (PDB) process. PDB is a delivery process in which both the design and construction of a project are procured from a single design-build entity that is selected through a qualifications-based selection at the earliest feasible stage of the project, allowing the City to select the most qualified team for the work. In April 2024, the City announced that Walker Construction and SPVV Landscape Architects were the highest scored finalist for the construction of the cross country complex. The process for utilizing an alternative delivery method is regulated by RCW 39.10. As stated above, this process requires approval from the PRC prior to moving forward with the required procurement procedures. The procurement procedures for the PDB selection are outlined below. First publication of the Request for Qualifications (RFQ) issued on January 26, 2024 Second publication of the RFQ issued on February 2, 2024 Statement of Qualifications due on February 14, 2024 Shortlist announced on February 20, 2024 Issued Requests for Proposals on February 22, 2024 Interactive meetings held on March 5, 2024 Proposals due on March 26, 2024 Highest scored finalist announced April 1, 2024 City Council Approval anticipated on April 30, 2024 Validation anticipated to be completed by May 15, 2024 The RFQ was advertised in the Spokesman Review, the Valley News Herald, the Exchange, and the Seattle Daily Journal of Commerce. Staff is scheduled for a Motion Consideration on April 30, 2024, requesting authorization from City Council to award the contract for PDB services to Walker Construction and SPVV Landscape Architecture. If awarded the contract, Walker Construction and SPVV Landscape Architecture will work with staff to further define the scope of work. The PDB process allows designers and contractors flexibility to creatively solve problems before construction begins. This process also allows for a shorter project delivery timeline which is necessary to meet the aggressive construction schedule. PQUJPOT: Discussion Only SFDPNNFOEFE!BDUJPO!PS!NPUJPO;!Discussion Only CVEHFU0GJOBODJBM!JNQBDUT: Presently, $4.4M has been allocated from the Hotel/Motel Tax Tourism Facilities Fund #104 for development of the cross country complex. TUBGG!DPOUBDU: Mike Basinger, AICP, Economic Development & Planning Director ! BUUBDINFOUT; None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE:Admin. Report –Construction Administration Overview GOVERNING LEGISLATION: Numerous Federal, State, and City Regulations PREVIOUS COUNCIL ACTION TAKEN: February 20, 2024 – Administrative Report discussing the 2024 Capital Improvement Projects BACKGROUND: On previous occasions, staff have presented various topics related to capital improvement project development. These presentations have included general project development and implementation overview, overview of project design, and overview of the right-of-way acquisition and documentation procedures. This presentation will center on the construction phase of a project. Topics that will be presented include performance measures and quality control metrics during construction, including project documentation control, project inspection, and project closeout. OPTIONS: Discussion Only RECOMMENDED ACTION OR MOTION: Discussion/Information only. BUDGET/FINANCIAL IMPACTS: Discussion/Information only. STAFF CONTACT: Bill Helbig, PE, Public Works Director ___________________________________________________________________________ ATTACHMENTS: Presentation CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: Admin. Report – Solid Waste Management Program Overview GOVERNING LEGISLATION: Chapter 70A.205 RCW: Solid Waste Management—Reduction and Recycling Chapter 70A.300 RCW: Hazardous Waste Management PREVIOUS COUNCIL ACTION TAKEN: November 4, 2014 – Resolution 14-011 Adopting Solid Waste Management Plan November 4, 2014 – Resolution 14-012 Adopting Moderate Risk Waste Plan June 22, 2021 – Resolution 21-003 Amending the Solid Waste Management Plan to include a Contamination Reduction and Outreach Plan March 1, 2022 – Administrative Report on the Solid Waste Management Plan Update process. October 10, 2022 – Council approval of Consultant Agreement for Solid Waste Management Plan Update. January 24, 2023 – Administrative Report on the Solid Waste Management Plan Update Status BACKGROUND: On November 16, 2014, the City’s interlocal agreement with the Spokane County Regional Solid Waste Management System expired. Prior to this expiration and in view of it, the City Council considered options and voted to assume responsibility of managing the solid waste generated within the City by privately contracting for solid waste services, including (1) transfer station, transport, and disposal services, (2) residential and business collection, and (3) drop-box collection services. This responsibility was progressively assumed primarily through the following key Council actions: 2014: Authorizing 10-year Solid Waste Disposal Contract with Sunshine Disposal, Inc. for University Road Transfer Station Operation (Expires December 31, 2024) 2014: Adopting Solid Waste Management Plan 2014: Adopting Moderate Risk Waste Plan 2017: Authorizing 10-year Solid Waste Collection Contract with Waste Management for Solid Waste Collection of Garbage, Recyclables and Compostables (Expires March 31, 2028) 2017: Authorizing 10-year Solid Waste Collection Contract with Sunshine Disposal for Solid Waste Drop Box Services (Expires March 31, 2028) 2017 Authorizing 10-year Solid Waste Collection Contract with Waste Management for Solid Waste Drop Box Services (Expires March 31, 2028) Solid Waste Management Planning Update. Pursuant to RCW 70A.205.040 (previously RCW 70.95.010), in order to assume responsibility for managing its solid waste independently of the County, the City was required to prepare a coordinated, comprehensive solid waste management plan. This plan provides guidance for the solid waste system in the City, including garbage collection and disposal, and programs for waste reduction, recycling, organics, special wastes and the administration of these programs. In 2014, the City’s plan was developed with assistance from a consultant. Also, pursuant to RCW 70A.300.350 (previously RCW 70.105.220), the City was required to prepare a local hazardous waste plan based on state guidelines. This plan provides guidance for the moderate-risk waste management system in the City, including hazardous wastes generated in small quantities by residents ("household hazardous wastes") and small quantities generated by businesses ("small-quantity generators"). In 2014, the City’s hazardous waste plan was developed with assistance from a consultant. In June 2021 a Contamination Reduction and Outreach Plan (CROP) was added to our Solid Waste Management Plan (Resolution No. 21-003) pursuant to legislatively adopted modifications to RCW 70A.205.045. As required in Chapter 70A.205 RCW and Chapter 70A.300 RCW, the City has a Solid Waste Management Plan and Moderate-Risk Waste Management Plan are required to be kept current, reviewed, and revised periodically. In November 2022, the City began work with a consultant to update the Solid Waste Management and the Moderate-Risk Waste Management Plans as required by law. The development of the updated Plan is anticipated to be complete by the end of 2024 following significant public involvement and coordination with the Department of Ecology as required. Transfer Station, Transport, and Disposal Contract Update. As noted, the Council took several actions in assuming management of its own solid waste program. The 2014 disposal contract with Sunshine Disposal for operations of the University Road Solid Waste Transfer Station expires at the end of 2024. The Sunshine contract requires the City to provide notice to Sunshine of its intent to renew, terminate, or otherwise modify the agreement by July 1, 2024. Currently, the general services provided by Sunshine Disposal include: Private ownership and operation of transfer station on University Road. Transfer station operation is open to the public seven days a week, excluding major holidays. Acceptance of garbage from the public, the City’s curbside collection contract, and the City’s two drop box contracts. Acceptance of private, dropped off (self-haul), recyclable materials, organic materials (yard and food waste), and household hazardous materials (such as paint and oil). Development and collection of disposal fees associated with solid waste and organic waste disposal at the transfer station. Other materials, within limitations, are accepted without a fee. The contract includes an automatic annual fee adjustment based on a percentage of CPI. Provide annual reports outlining operations, including waste quantities, number of transfer station users, summary of customer service inquiries, and extraordinary occurrences. Transfer of solid waste, recyclable, organic, and household hazardous materials to final disposal facilities. Staff have been evaluating options for ongoing solid waste transfer station, transport, and disposal services for 2025 and beyond and have identified two primary options: Sunshine Disposal (University Road Solid Waste Transfer Station) Spokane County (Sullivan Road Solid Waste Transfer Station) There are several key issues for ongoing solid waste transfer, transport, and disposal services that must be considered, including: Current and future transfer station rates, including consideration of how future rate adjustments will be addressed. For example, under the current Sunshine Disposal agreement, transfer station rates are automatically adjusted annually at 90% of CPI. This provides certainty in rates, but limits flexibility to address future changes, such as impacts from a pandemic, recession, or other event and may result in higher rates during high inflationary periods. However, under a Spokane County model, rates would be set by the Spokane County Board of County Commissioners, so the City would need assurances on how those rates would be adjusted and what role the City could play in providing input on rate adjustments, if any. Further, there are efficiencies in greater volumes of solid waste tonnages, so combining tonnages may result in lower overall rates. Current and future waste handling capacity, including ability and availability of handling solid waste, organic (yard) waste, household hazardous waste (oil and paint), recycling, and bulky/special waste (tires, refrigerators, and other appliances) Solid waste management – education and planning requirements. If the City stays with Sunshine Disposal, the City will continue to fully manage all of its solid waste and will be required to continue to plan and provide education. If the City contracts with Spokane County, planning and education will be provided by Spokane County and the City will not be responsible for solid waste management. This would not affect the ongoing solid waste collection contracts. Consideration of the term of any agreement. Shorter-term agreements (3-5 years) allow flexibility to move to different providers or models in the future. Longer-term agreements provide more certainty and may result in lower costs if capital improvements are needed and are built into rates to allow those costs to be spread out over more time. Staff will provide the two options for Council consideration at a future Council meeting. More information can be found on the City’s Solid Waste Management website. (https://www.spokanevalleywa.gov/349/Solid-Waste-Management) OPTIONS: Discussion Only RECOMMENDED ACTION OR MOTION: Discussion/Information only. No action is required of Council at this time. In late May, staff anticipates presenting waste disposal alternatives for consideration to address the 2014 disposal contract expiration occurring in December 2024, and the requirement to notify the current contract holder of the City’s solid waste disposal direction. BUDGET/FINANCIAL IMPACTS: None at this time. Disposal rates are passed on to curbside waste haulers and self-haulers from Spokane Valley through their use of the transfer station. STAFF CONTACT: Bill Helbig, PE, Public Works Director ___________________________________________________________________________ ATTACHMENTS: Presentation Sunshine Disposal, Inc. Agreement (w/o Insurance Certificates) Waste Collection CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: 2024 Recreation, Aquatics and Parks Season Preview GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN:N/A BACKGROUND: The Parks and Recreation Department is preparing for the upcoming spring and summer season. The recreation division is busy hiring seasonal staff, planning events and programs, and informing the community of the diverse set of opportunities offered throughout the City parks system. Recreational opportunities range from registration-based programs to free community events, providing a variety of affordable activities to do for both youth and adults. The recreation division also works with many different contracted entities to provide recreational services, including the operation of our outdoor pools. Staff is working diligently with the YMCA team to prepare to open our pools at Park Road, Terrace View th Park, and Valley Mission Park on June 15. The parks division began taking 2024 shelter reservations and special event applications on the first business day of the year. The whole team is working to make sure Spokane Valley’s parks are ready for the warm summer months and the uptick of activity that comes with the season. Tonight, staff will provide the Council with an update on 2024 recreation, aquatics, and park programs and what to look forward to for the Spring and Summer seasons. OPTIONS: Council Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: Recreation programs are designed to cover program expenses through revenues collected. STAFF CONTACT: Kendall May, Recreation Coordinator ATTACHMENTS: PowerPoint Presentation OUTDOOR MOVIES IN THE PARK 1 p.m. — 11:30 a.m. 1 p.m. — 11:30 a.m. 1:05 p.m. — 12:05 1:05 p.m. — 12:05 1:05 p.m. — 12:05 1:05 p.m. — 12:05 1:05 p.m. — 12:05 1:05 p.m. — 12:05 1:05 p.m. — 12:05 1:05 p.m. — 12:05 PAWS IN THE POOL SPECIAL EVENTS DRAFT ADVANCE AGENDA as of April 17, 2024; 9:00 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 April 30, 2024 Study Session, 6:00 p.m. \[due Tue April 23\] Proclamation: AAPI Heritage Month & Older Americans Month 1. Ordinance 24-00__: First Read for Comp. Plan Amendment 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. Motion Consideration: Cross Country Course Contract Award - Mike Basinger (10 minutes) thrd 5. Motion Consideration: Bowdish Road Project 12 Avenue to 23 Avenue Bid Award Erica Amsden (10 minutes) 6. Motion Consideration: Sprague Avenue Stormwater Project Bid Award Rob Lochmiller (25 minutes) 7. Admin Report: Public Defense Caseload Standard Update Tony Beattie, Morgan Koudelka (20 minutes) 8. Admin Report: Interlocal Agreement with Spokane Transit Authority Bill Helbig (10 minutes) 9. Admin Report: Potential Grant Opp: Active Transportation Infrastructure Investment Program Jackson (10 minutes) 10. Advance Agenda Mayor Haley (5 minutes) \[*estimated meeting: 115 mins\] May 7, 2024 Study Session, 6:00 p.m. \[due Tue April 30\] 1. Ordinance 24-00__: Second Read for Comp. Plan Amendment Levi Basinger (5 minutes) 2. Admin Report: Rayce Rudeen Foundation Erik Lamb, Marsha Malsam (30 minutes) 3. Admin Report: Resolution 24-00XX: Letters of Support Virginia Clough (10 minutes) 4. Admin Report: Pot. Grant Opp. Pedestrian Bicycle Prgm & Safe Routes to School Prgm- A. Jackson (10 minutes) 5. Admin Report: Street Vacation Update STV-2024-001 Lori Barlow (5 minutes) 6. Admin Report: Street Vacation STV-2024-002 (5 minutes) 7. Admin Report: 2024 Budget Amendment Chelsie Taylor (10 minutes) 8. Advance Agenda Mayor Haley (5 minutes) \[*estimated meeting: 80 mins\] May 14, 2024 Formal Meeting, 6:00 p.m. \[due Tue May 7\] Proclamation: National Police Week 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Ordinance 24-00 : First Read- STV-2024-001 Lori Barlow (5 minutes) 3. Motion Con: Potential Grant Opp. Pedestrian Bicycle Prgm & Safe Routes to School Prgm A. Jackson(5 minutes) 4. Motion Con: Potential Grant Opp: Active Transportation Infrastructure Investment Program A. Jackson (5 minutes) 5. Admin Report: Post-Session Report/Presentation Virginia Clough, Briahna Murray (30 minutes) 6. Admin Report: 6-Year Transportation Improvement Program Adam Jackson (10 minutes) 7. Advance Agenda Mayor Haley (5 minutes) \[*estimated meeting: 65 mins\] May 21, 2024 Study Session, 6:00 p.m. \[due Tue May 14\] 1. Public Hearing: 2024 Budget Amendment - Chelsie Taylor (10 minutes) 2. Ordinance 24-00 : First Read 2024 Budget Amendment Chelsie Taylor (5 minutes) 3. Ordinance 24-00 : Second Read- STV-2024-001 Lori Barlow (5 minutes) 4. Advance Agenda Mayor Haley (5 minutes) 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. Ordinance 24-00 : Second Read 2024 Budget Amendment Chelsie Taylor (5 minutes) Draft Advance Agenda 4/18/2024 2:36:20 PM Page 1 of 2 2. Admin Report: Presentation Aging & Long Term Care Lynn Kimball (15 minutes) 3. Advance Agenda Mayor Haley (5 minutes) June 11, 2024 BUDGET WORKSHOP 8:30 a.m. 3:00 p.m. \[due Tue June 4\] 1. BUDGET WORKSHOP June 18, 2024 Study Session, 6:00 p.m. \[due Tue June 11\] 1. Public Hearing: 6-Year Transportation Improvement Program Bill Helbig (20 minutes) 2. Motion Consideration: 6-Year Transportation Improvement Program Bill Helbig (5 minutes) 3. 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. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) 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) August 6, 2024 NO MEETING - National Night Out August 13, 2024 Formal Meeting, 6:00 p.m. \[due Tue Aug 6\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) August 20, 2024 Study Session, 6:00 p.m. \[due Tue Aug 13\] 1. Advance Agenda Mayor Haley (5 minutes) August 27, 2024 Formal Meeting, 6:00 p.m. \[due Tue, Aug 20\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: 250th USA Celebration Group Home Regulations SCRAPS 9-1-1 calls (delays, holding, etc.) Mirabeau Park Forestry Mgmt. Squatter Rights Review Appleway Trail Amenities ORV usage on streets Vehicle Wgt Infrastructure Impact AWC Summary of Arguments Park Camera Update City Brand Update Park Lighting DOT Clean Up Peer Court Gang Task Force Update Protection of Utility Infrastructures Draft Advance Agenda 4/18/2024 2:36:20 PM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 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: Information: Johnson & Johnson – Opioid Settlement GOVERNING LEGISLATION: SVMC 2.15.020 PREVIOUS COUNCIL ACTION TAKEN: Distributors Washington Settlement (“Settlement I”): April 26, 2022 approval of the One Washington MOU for settlement between the opioid distributors and cities/counties in Washington; July 19, 2022 approval of the Subdivision Participation Form to approve of and participate in the State settlement in Settlement I; September 6, 2022 approval of the Allocation Agreement for Settlement I; March 7, 2023 Administrative Report for Settlement II; March 21, 2023 approval of Motion Consideration – Participation Form and Allocation Agreement for Opioid Pharmacy and Manufacturer Settlements for Settlement II. August 29, 2023 approval of the Memorandum of Understanding establishing the Spokane Regional Opioid Abatement Council. BACKGROUND: In 2022, the State announced successful settlement with several opioid distributors (“Settlement I”) for approximately $518 million and provided a process for local entities to participate in the settlement and receive a portion of the settlement money. Approximately half was set aside for local governments. The City participated through approving the One Washington MOU, the Subdivision Participation Form, and the Allocation Agreement. The allocation amounts to each entity were set by the State as part of the original settlement, therefore the City had no ability to modify that amount at the time of the approval of the necessary MOU, Subdivision Participation Form, and Allocation Agreement. According to the Washington AG’s website, the City is currently set to receive approximately $147,106.76 from Settlement I over the approximately 17-year term of the agreement. The exact payment will include deductions for attorneys’ fees and settlement expenses. To date, the City has received $19,673.37 in payments from the Distributors Settlement relating to Settlement I. According to the national opioid settlement portal, the remaining projected annual allocation amounts range from approximately $5,773.12 to 9,727.98 through 2038 (see attached expected allocations for Settlement I). In all we expect a total of approximately $140,000. In addition to Settlement I, the State engaged in litigation with several pharmacies and manufacturers. On December 21, 2022, the State announced that it would be joining settlements with the pharmacy and manufacturers related to ongoing opioid litigation: CVS, Walgreens, Walmart, Teva, and Allergan. This settlement (“Settlement II”) resulted in an additional $217 million to local governments to abate the opioid epidemic. The allocation methodology and calculation used in Settlement I was also used for Settlement II. On March 15, 2024, the City received a total payment of $28,978.87 related to Settlement II. The payments are initially higher due to Walmart, and Allergan making their payments in a shorter span of time. As with Settlement I, Settlement II limits the use of funds received to certain approved uses related to addressing the opioid epidemic. The opioid settlement administrators are still calculating expected allocation amounts for each year. In addition to Settlement I and Settlement II, the State announced a settlement with Johnson & Johnson. This settlement (“Settlement III”) dated January 22, 2024 will include an additional $61.67 million distributed in June/July of 2024 to participating local governments to abate the opioid epidemic. The deadline to participate in Settlement III is May 11, 2024. Based on calculations with information provided by the Washington State Attorney General’s Office, the amount the City is projected to receive is approximately $35,866.34 after a deduction for attorneys’ fees of 15%. The terms of Settlement III with Johnson & Johnson can be found at the link in the Attachments section of this RCA. As with Settlement I and Settlement II, in order to join in the settlement to receive funds, local governments are being asked to finalize and execute a Participation Form. A local government that does not participate cannot share directly in the settlement funds. If not enough local governments participate, no one gets any money, and there is a steep drop in the settlement amount if not all local governments join. The deadline to participate in Settlement III is May 11, 2024. If not all cities and counties join Settlement III, the payment will be initially reduced by 5%, with the possibility that the 5% will be paid two years later if conditions are met. The alternative for cities is to pursue litigation on their own. If the City elects to participate in Settlement III, and if all local governments sign on to the settlement, staff estimates that the City will receive approximately $35,866.34 from Settlement III. This payment will be made as a one-time payment and includes the estimated deductions for attorneys’ fees. Thus far, out of the 130 local governments eligible, 53 Participation Forms have been sent to the settlement administrator. City Council has not expended any of the opioid remediation funds from any of the settlements. Staff intends to bring back this item for a motion consideration at the April 30, 2024 meeting. OPTIONS: Information only. RECOMMENDED ACTION OR MOTION: Information only. BUDGET/FINANCIAL IMPACTS: Settlement I: the City expects to receive approximately $140,000 over the course of 17 years; Settlement II: the City will receive an additional $148,486.91 less attorneys’ fees over the course of 15 years. Settlement III: the City will receive a one-time payment of approximately $35,866.34. STAFF CONTACT: Erik Lamb, Deputy City Manager; Tony Beattie, Senior Deputy City Attorney. ___________________________________________________________________________ ATTACHMENTS: JNJ WA Settlement (2-5-24) (link to Settlement III Agreement) Participation Form Johnson & Johnson Opioid Settlement and Settlements Update Presentation from Washington AGO Johnson & Johnson Opioid Settlement | Washington State (Office of the Attorney General website related to Johnson & Johnson settlement) Expected allocation amounts for Settlement I. 5344.755617.073094.485617.07 19673.37 $121,170.92$140,844.29 $7,030.55$7,030.55$7,030.55$5,773.12$9,431.39$9,727.98$9,727.98$8,177.35$8,177.35$8,177.35$8,177.35$8,177.35$8,177.35$8,177.35$8,177.35 Projected Allocation Amount Projected Allocations Payment Type Distributor Projected Payment 4 (July, 2024)Distributor Projected Payment 5 (July, 2025)Distributor Projected Payment 6 (July, 2026)Distributor Projected Payment 7 (July, 2027)Distributor Projected Payment 8 (July, 2028)Distributor Projected Payment 9 (July, 2029)Distributor Projected Payment 10 (July, 2030)Distributor Projected Payment 11 (July, 2031)Distributor Projected Payment 12 (July, 2032)Distributor Projected Payment 13 (July, 2033)Distributor Projected Payment 14 (July, 2034)Distributor Projected Payment 15 (July, 2035)Distributor Projected Payment 16 (July, 2036)Distributor Projected Payment 17 (July, 2037)Distributor Projected Payment 18 (July, 2038)Distributor Settlement expectation 1.2.3.4.5.6.7.8.9. 10.11.12.13.14.15. Row NOS 1017 City of Spokane Valley Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 PageTitle 1Cover Sheet 2Pre-A pplication Meeting Requested 3Construction Applications Received 4Engineering Applications Received 5Land Use Applications Received 6Construction Permits Issued 7Engineering Permits Issued 8Land Use Applications Completed 9Inspections Performed 10Code Enforcement 11Revenue 12Building Permit Valuations Created On: 4/8/2024Page 1 of 12 Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Pre-Application Meeting Requested A Pre-Application Meeting is a service provided to help our customers identify the code requirements related to their project proposal 18 Community & Public Works Department Pre-Application Meetings Scheduled: Spokane Valley Pre-Application Meeting Requests 18 16 14 12 10 8 6 4 2 0 JanFebMarAprMayJunJulAugSepOctNovDec Commercial Pre-AppLand Use Pre-AppMW Commercial Pre-App JanFebMarAprMayJunJulAugSepOctNovDec Commercial Pre-App1249 MW Commercial Pre-App 000 Land Use Pre-App277 ** Not Submitted / 012 Cancelled Monthly Totals141218000000000 Annual-To-Date:44 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 4/8/2024Page 2 of 12 Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Construction Applications Received The applications recevied are those that include projects for New, remodeled, and accessory buildings; Signs, Factory Assembled Structures (FAS), Trade, Roofs, and more. Community & Public Works Department Construction Applications Received: 525 Spokane Valley Construction Applications Received JanFebMarAprMayJunJulAugSepOctNovDec Commercial NewCommercial MFRCommercial TI Commercial TradeCommercial AccessoryResidential SFR/Duplex Residential RemodelResidential AdditionResidential Trade Residential AccessoryDemolitionSign Re-RoofFactory AssembledMillwood/Other Construction *Other Construction applications include, Millwood, Adult Family Home Inspections, Cell Tower Modifications, Solar Panels, Swimming Pool/Hot Tub JanFebMarAprMayJunJulAugSepOctNovDec Commercial New3310 Commercial MFR4022 Commercial TI8414 Commercial Trade294031 Commercial Accessory/Addition 046 Residential SFR/Duplex212560 Residential Remodel161615 Residential Addition355 Residential Trade170135230 Residential Accessory9213 Demolition267 Sign508 Re-Roof315571 Factory Assembled041 AFH Inspection479 Millwood/Other Construction 112610 ** Not Submitted / Cancelled 171413 Monthly Totals 333332525000000000 Annual-To-Date:1190 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 4/8/2024Page 3 of 12 Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Engineering Applications Received The applications received are those that include projects for all site work projects, such as Grading permits, Right-of-Way (ROW), approaches, and more. Community & Public Works Department Engineering Applications Received: 92 Engineering Applications Received 100 80 60 40 20 0 JanFebMarAprMayJunJulAugSepOctNovDec Engineered GradingRegular GradingRight-of-WayApproachClearing & Grubbing JanFebMarAprMayJunJulAugSepOctNovDec Engineered Grading8515 Regular Grading100 Right-of-Way696170 Approach085 Clearing & Grubbing002 ** Not Submitted / Cancelled 652 Monthly Totals847492000000000 Annual-To-Date:250 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 4/8/2024Page 4 of 12 Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Land Use Applications Received The applications received are those that include projects that involve land development, such as Platting actions, Boundary Lines Adjustments, Zoning, SEPA and Exceptions Community & Public Works Department Land Use Applications Received: 55 Spokane Valley Land Use Applications Received 80 60 40 20 0 JanFebMarAprMayJunJulAugSepOctNovDec Boundary Line AdjShort PlatLong PlatBinding Site PlanFinal Platting Zoning/Comp AmendAccessory DwellingSEPAAdmin ExceptionAdmin Interpretation Home Business LicOther Development** NOT SUBMITTED ** Other Development could include, Zoning Letter, Floodplain, Shoreline, Alterations, Variances, Small Cell, CUP, Street Vacations, etcÈ JanFebMarAprMayJunJulAugSepOctNovDec Boundary Line Adj312 Short Plat143 Long Plat010 Binding Site Plan00 Final Platting130 Zoning/Comp Amend000 Accessory Dwelling010 SEPA211 Admin Exception210 Admin Interpretation000 Home Business Lic444144 Other Development485 ** NOT SUBMITTED000 Monthly Totals576155000000000 Annual-To-Date:173 ** NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 4/8/2024Page 5 of 12 Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Construction Permits Issued The applications issued are those that include projects for New, remodeled, and accessory buildings; Signs, Factory Assembled Structures (FAS), Trade, Roofs, and more. Community & Public Works Department Construction Permits Issued: 346 Spokane Valley Construction Permits Issued 400 350 300 250 200 150 100 50 0 JanFebMarAprMayJunJulAugSepOctNovDec Commercial NewCommercial MFRCommercial TI Commercial TradeCommercial AccessoryResidential SFR/Plex Residential RemodelResidential AdditionResidential Trade Residential AccessoryDemolitionSign Re-RoofFactory AssembledMillwood/Other Construction* *Other Construction applications include, Millwood, Adult Family Home Inspections, Cell Tower Modifications, Swimming Pool/Hot Tub JanFebMarAprMayJunJulAugSepOctNovDec Commercial New103 Commercial MFR110 Commercial TI11011 Commercial Trade293830 Commercial Accessory/Additions 802 Residential SFR/Plex19249 Residential Remodel141613 Residential Addition221 Residential Trade187137155 Residential Accessory678 Demolition 467 Sign575 Re-Roof325571 Factory Assembled003 Millwood/Other Construction* 121923 Cancelled075 Monthly Totals331319346000000000 Annual-To-Date:996 Created On: 4/8/2024Page 6 of 12 Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Engineering Permits Issued The applications issued are those that include projects for all site work projects, such as Grading permits, Right-of-Way (ROW), approaches, and more. Community & Public Works Department Engineering Permits Issued: 71 Engineering Permits Issued 90 80 70 60 50 40 30 20 10 0 JanFebMarAprMayJunJulAugSepOctNovDec Engineered GradingRegular GradingRight-of-WayApproachClearing & Grubbing JanFebMarAprMayJunJulAugSepOctNovDec Engineered Grading322 Regular Grading100 Right-of-Way606763 Approach183 Clearing & Grubbing002 101 Cancelled Monthly Totals667771000000000 Annual-To-Date:214 Created On: 4/8/2024Page 7 of 12 Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Land Use Applications Completed The applications completed are those that include projects that involve land development, such as Platting actions, Boundary Line Adjustments, Zoning, SEPA and Exceptions Community & Public Works Department Land Use Applications Completed: 65 Spokane Valley Land Use Applications Completed 100 50 0 JanFebMarAprMayJunJulAugSepOctNovDec Boundary Line AdjShort Plat Long PlatBinding Site Plan Final PlattingZoning/Comp Amend/Code Text Amend Accessory DwellingSEPA ** Other Development could include, Zoning Letter, Floodplain, Shoreline, Alterations, Variances, Small Cell, CUP, Street Vacations, etcÈ JanFebMarAprMayJunJulAugSepOctNovDec Boundary Line Adj350 Short Plat108 Long Plat001 Binding Site Plan000 Final Platting133 Amend/Code Text Amend 000 Accessory Dwelling000 SEPA001 Admin Exception221 Admin Interpretation000 Home Business Lic453744 Other Development257 Monthly Totals545265000000000 Annual-To-Date:171 Created On: 4/8/2024Page 8 of 12 Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Development Inspections Performed Community & Public Works Department Development Inspections Performed: 1809 Development Inspections include building, planning, engineering and ROW Spokane Valley Development Inspections Performed 2500 2000 1500 1000 500 0 JanFebMarAprMayJunJulAugSepOctNovDec 202220232024 JanFebMarAprMayJunJulAugSepOctNovDecAnnual Totals 202494814581809 4,215 2023132110781596162317491905185719041973213516721098 19,911 202210791253184418301679191315741950174616981259964 18,789 Monthly Totals 94814581809000000000 4,215 Annual-To-Date:4,215 Created On: 4/8/2024Page 9 of 12 Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Code Enforcement Code Enforcement Officers Citizen Request Responses: 32 They are listed by type below. All complaints, even those with no violation, must be investigated. Code Enforcement Complaints Investigated 40 30 20 10 0 JanFebMarAprMayJunJulAugSepOctNovDec CE-Stop Work OrderComplaint (Non-Violent) EnvironmentalGeneral NuisanceProperty JanFebMarAprMayJunJulAugSepOctNovDec CE-Stop Work Order024 Business License Violation 210 Complaint (Non-Violent) 000 Environmental000 General8147 Nuisance31414 Property637 Monthly Totals193432000000000 Annual-To-Date:85 Created On: 4/8/2024Page 10 of 12 Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Revenue Community & Public Works Department Revenue Received: $191,729.00 Spokane Valley Revenue Received $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 JanFebMarAprMayJunJulAugSepOctNovDec 202420235-Yr Trend JanFebMarAprMayJunJulAugSepOctNovDec Totals 2024$288,858$214,351$191,729$694,939 5-Yr Trend$379,267$313,916$284,633$285,627$275,837$295,903$357,670$320,114$278,242$330,015$266,054$250,349$3,637,625 2023$242,817$601,763$249,699$325,351$277,568$291,181$261,372$243,206$276,627$418,962$211,627$180,382$3,580,553 2022$173,509$139,945$171,413$210,513$217,237$277,917$510,629$433,002$294,301$285,383$279,727$168,612$3,162,187 2021$1,087,310$196,293$364,569$459,905$239,948$367,253$433,461$430,383$323,636$396,162$292,643$329,244$4,920,807 2020$230,256$402,862$371,956$237,120$402,525$309,668$226,943$188,990$268,487$254,775$246,368$223,685$3,363,635 2019$162,441$228,717$265,529$195,244$241,906$233,496$355,943$304,988$228,157$294,794$299,906$349,821$3,160,942 Created On: 4/8/2024Page 11 of 12 Community & Public Works Department Monthly Report 3/1/2024 - 3/31/2024 Building Permit Valuation Community & Public Works Department Building Permit Valuation:$10,538,031.00 This includes residential, commercial, reroof, & FAS placed. Spokane Valley Permit Valuation $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $0 JanFebMarAprMayJunJulAugSepOctNovDec 5-Yr Trend20232024 JanFebMarAprMayJunJulAugSepOctNovDec Totals 2024 $11,286,505$16,547,293$10,538,091$38,371,889 5-Yr Trend $14,823,978$62,984,679$24,373,410$25,667,421$28,114,158$28,685,307$40,624,752$22,977,517$19,108,958$27,555,675$24,292,397$27,342,831$346,551,082 2023 $17,287,531$61,507,380$34,061,501$22,737,321$19,583,399$22,255,351$15,704,992$20,019,711$20,052,582$43,983,576$13,340,888$13,117,837$303,652,069 2022 $20,182,361$31,376,013$14,935,549$32,649,784$24,027,391$48,521,183$57,628,766$44,067,876$22,352,208$18,694,797$28,311,097$55,806,317$398,553,341 2021 $8,860,000$179,080,000$16,720,000$32,820,000$22,430,000$27,700,000$65,190,000$24,390,000$18,160,000$42,670,000$17,710,000$13,480,000$469,210,000 2020 $22,130,000$20,750,000$36,690,000$27,670,000$51,380,000$29,930,000$17,950,000$7,610,000$20,620,000$15,270,000$26,890,000$21,380,000$298,270,000 2019 $5,660,000$22,210,000$19,460,000$12,460,000$23,150,000$15,020,000$46,650,000$18,800,000$14,360,000$17,160,000$35,210,000$32,930,000$263,070,000 Created On: 4/8/2024Page 12 of 12 Public Works Department Monthly Report 02/01/24 02/29/24 MAINTENANCE Agreements for Services Adopted and In Operation - Updates for maintenance contracts will be updated for Aprilnew financial system. Citizen Requests for Public Works - Feb 2024 In Progress RequestSubmittedResolved / Waiting Construction - CPW101 Cross/Sidewalk Requests312 Dead Animal Removal606 Downed Tree / Branch101 General Street Maint404 Graffiti on City Property505 Gravel Shouldering202 Hazard on Street303 Illegal Dumping - Objects707 Report a Pothole21021 Scooters101 Street Sweeping101 Vegetation / Weeds101 STORMWATER752 Traffic20218 Signs: Missing / Damaged 24024 Comments101 Deicing202 ƚƷğƌƭЊЊЉБЊЉЋ 1 STREET MAINTENANCE ACTIVITY The following is a summary of Contractor maintenance activities in the City of Spokane Valley for February 2024: Geiger Work Crew Litter and garbage pickup, graffiti coverup. Pothole patching and graffiti abatement. De-icing and snow operations. AAA Sweeping Continued with arterial sweeping and residential sweeping to begin mid-March. Added gates to the Ponderosa Park property and Mission Park property. WASTEWATER Status of the process can be monitored at: http://www.spokaneriver.net/, http://www.ecy.wa.gov/geographic/spokane/spokane_river_basin.htm, http://www.spokanecounty.org/utilities/WaterReclamation/content.aspx?c=2224 and http://www.spokaneriverpartners.com/ STORMWATER UTILITY The following is a summary of City Stormwater Utility activities for February 2024: The Ridgemont Estates Stormwater Improvements project continues to make progress. The consultant team continues to collect and evaluate data received from the topographic surveys on on-going monitoring stations. Hydraulic modeling efforts will continue into March. The pump station on Best Rd., just south of Sprague Ave., had its pumps installed. Staff is working through final invoicing on the project. City Council has selected Senske for the Roadway Landscaping Services and Linear Parks maintenance contract for years 2024, 2025, and 2026. Staff worked to develop the annual work plans with Senske and the Parks and Recreation department. Further, invoicing process was developed with Finance. Both annual plans and invoicing processes will be finalized in March. City Council awarded the 2024 vactor cleaning services contract to AAA Sweeping, LLC. Staff worked to finalize the contract documents and execute the agreements in February. An executed agreement is anticipated by mid-March and work is expected to comment around April 1. Staff drafted the 2023 annual report, as required by the Dept. of Ecology. The report will be developed and completed by March 2024. The Stormwater Services contract with Cameron Reilly delivered various improvements including: o Swale repairs and structure rim lowering at two swales on the north side of Sprague, just east of Thierman. o A new grate/sidewalk on Sprague just east of Fancher. o A new sidewalk underdrain inlet on Carnahan, just south of Sprague. o Removed mechanical pipe plugs in a deep structure that included confined space entry requirements. 2 DEVELOPMENT ENGINEERING The following is a summary of Development Engineering activities for February 2024: Assisted Building and Planning Division with preparation of design requirements for (4) Commercial and (7) Land Use Pre-Application meetings. Prepared multiple Recommended Conditions of Approvals for preliminary plats and Dedication Languages for final plats. Reviewed multiple final plats and submittal packages to record final plats. Reviewed civil plans and drainage reports for Engineered Grading Permits associated with commercial and land use projects. Coordinated with private Engineers and Developers. Spoke with and emailed citizens and developers to answer inquiries and discuss design requirements for potential commercial and land use projects. Conducted preconstruction meetings, performed site visits, prepared punch lists, reviewed surety estimates, and reviewed and approved construction certification packages to finalize final plats and to issue commercial building certificates of occupancy. Reviewed civil plans for the following projects: o University Short Plat 3 lots o (EGR-2023-0063) (EGR-2024-0007) o Vistas at Bellaire Phase 4 42 lots o Polatov Short Plat 8 lots (EGR-2023-0067) (EGR-2024-0009) o Indiana Short Plat 7 lots o (EGR-2023-0068) (EGR-2024-0010) o Hollister Homes Office o Bafus Short Plat 2 lots (EGR-2024-0001) (EGR-2024-0011) o Kelsey Place 22 lots o Eastwood Duplex and Triplex (EGR-2024-0002) (EGR-2024-0013) th o 6 Avenue Private Driveway o Tilton Short Plat 9 lots (EGR-2024-0004) (EGR-2024-0014) 3 CAPITAL PROJECTS Qvcmjd!Xpslt!Qspkfdut Npouimz!Tvnnbsz!.!Eftjho!'!Dpotusvdujpo Gfcsvbsz.3135 Bid% EstimatedTotal Proposed Project #Design & Construction ProjectsFundingOpenCompleteConstructionProject Ad DateDatePECNCompletionCost Street Projects 0143 Barker Rd/BNSF Grade Separation FHWA - STP(U)11/30/2001/13/211009912/31/22$ 26,000,000 0205 Sprague/Barker Intersection Improvement FHWA - CMAQ04/26/2205/20/221009912/31/22$ 2,510,413 0249 Sullivan & Wellesley Intersection ImprovFHWA - STP(U)10/21/2111/17/211009912/31/22$ 1,370,000 0299 Argonne Rd Concrete Pvmt Indiana to MontTIB - UAP04/30/2105/14/211009912/31/21$ 2,800,000 0300 Pines & Mission Intersection ImprovementFHWA - CMAQ05/12/2306/09/23100012/31/24$ 2,386,100 0313 Barker Road/Union Pacific Crossing - Ph. 1FMSIB08/20/2109/10/211009912/31/22$ 1,434,000 0313 Barker Road/Union Pacific Crossing - Ph. 2FMSIB05/05/2306/01/231009912/31/23$ 1,434,000 0318 Wilbur Sidewalk: Boone to Mission STBG-SA05/20/2206/10/221009912/31/22$ 1,007,351 0344 Park Rd Sidewalk - Broadway to Cataldo CDBGTBDTBD80012/31/24$ 360,000 0345 Park Rd Sidewalk- Nora to Baldwin TIB - SP04/07/2304/21/231009912/31/23$ 786,000 0347 Broadway and Park Intersection TIB/COSV04/28/2305/12/231009912/31/23$ 2,806,000 Street Preservation Projects 0320 Sullivan Preservation: Sprague-8th COSV03/10/2303/31/231009912/31/23$ 5,278,405 0340 8th Ave Sidewalk (Coleman to Park) TIB/COSV04/28/2305/17/231009912/31/23$ 3,316,101 0341 Broadway Preservation- Fancher to Park FHWA-STP(E)04/21/2305/16/231009912/31/23$ 1,805,000 Traffic Projects 03262020 Citywide Reflective Post Panels HSIPN/AN/A1009212/31/24$ 164,100 0342 WTSC 2022 School Zone Beacons WTSCN/AN/A1009012/31/24$ 225,000 0352 2022 Citywide Signal Backplates HSIPN/AN/A80006/30/24$ 122,000 Parks Projects 0316 Balfour Park Improvements - Phase 1 COSV12/16/2201/13/231009012/31/23$ 5,700,023 0328 Sullivan Park Waterline COSVTBDTBD85012/31/24$ 152,858 0338 Loop Trail Project COSVTBDTBD10012/31/25$ 500,000 Stormwater Projects 0327Sprague Avenue Stormwater Improvements Dept of Ecology4/6/20244/26/2024100012/31/24$ 2,650,000 Design% Total Project #Design Only ProjectsFundingCompleteCompleteProject DatePECost Street Projects 0223 Pines Rd Underpass @ BNSF & Trent FHWA - STP(U)03/31/2490$ 7,312,793 0311 Sullivan Rd./SR 290 Interchange Project COSV03/31/2420$ 4,684,500 0321 Argonne Corridor Imprv- North of Knox COSVon hold15$ 30,000 0329 Barker Road Imp- City Limits to ApplewayIMPACT FEES12/31/2430$ 250,100 0346 Bowdish Sidewalk 12th to 22nd FHWA/COSV12/31/2410$ 4,122,565 0348 Barker Road Improvements - Appleway to IMPACT FEESTBD0$ 300,000 0351 Barker Rd Improv- Sprague to Appleway IMPACT FEES/DEMO03/31/240$ 850,000 0356 Argonne/I90 Bridge CRRSAA-HIPUL12/31/240$ 1,500,000 0359 Sprague Ave Ped Crossing TIB/REETTBD0$ 666,096 Street Preservation Projects 0286 Broadway Preservation: Havana to FancherCOSVOn Hold70$ 67,600 0353 Wellesley Pres- Sullivan to Flora/Trent COSV03/31/240$ 70,000 0354 16th Ave Pres- Evergreen to Adams COSV03/31/240$ 62,950 0355 32nd Ave Pres- Pines to SR-27 COSV03/31/240$ 70,000 0357 Fancher Rd- Broadway to Trent COSVTBD0$ 84,000 0358 Fancher Pres (Sprague to Broadway) COSVTBD0$ 85,000 Sewer Projects 0332 NE Industrial Area - Sewer Extension COSV12/31/2460$ 80,000 4 PLANNING AND GRANTS Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant In November 2023, the US Department of Transportation (USDOT) issued a call for projects for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program. On January 23, City Council authorized staff to move forward in apply for the program submitting the Sullivan/Trent Interchange project requesting $25M and leaving an unfunded amount of $13.8M. Applications were due February 28 and the City submitted its application on th February 27. Awards are expected to be announced in June 2024. Bridge Investment Program (BIP) Grant In December 2023, the USDOT issued a call for projects for the Bridge Investment Program (CIP) discretionary grant program. On February 6, City Council authorized staff to apply to the FY24 BIP call for projects for the Sullivan & Trent Interchange Project in the amount of $33,587,992. This would leave an unfunded amount of $5.2M. Applications are due March 19, and awards are anticipated in fall/winter 2024. Congressionally Directed Spending (CDS) Requests On February 27, 2024, staff requested Council consensus to develop applications for CDS funding requests for all four projects as identified Argonne/I-90 Bridge, 4. Barker/I-90 Interchange). As Federal appropriations are being finalized for FY24, Senators Murray and Cantwell and Representative McMorris Rogers have not yet announced FY25 funding opportunities. Staff anticipates that applications will be due in March or April and are scheduled to return to Council on March 5 for a motion consideration to authorize the City Manager to submit CDS requests. The staff recommended CDS request amounts are $5M, $3M, $3M, and $4M, respectively, for projects listed above. Pavement Management Program (PMP) On February 9, bids were opened various asphalt surface treatments including HMA paving, patching, concrete flatwork and miscellaneous stormwater repairs. The budget is approximately $1,100,000. Inland Asphalt Co, Poe Asphalt Inc, and Shamrock Paving Inc all bid for the work and the successful bid was Inland Asphalt for the amount of $797,457.75. Council is expected to announce the successful awarded contract in early March. 6-Year Transportation Improvement Program Staff began updating the appropriate documents for the 2025-2030 6-Year Transportation Improvement Program (TIP). A 60-day comment period is required by the Department of Commerce as part of the update. Staff will submit its draft TIP in early April for 60-day review. The final draft of the TIP will be presented to council in May and June. The TIP must be adopted by June 30 of each year. 5 FINANCE DEPARTMENT Chelsie Taylor, Finance Director 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Fax: (509) 720-5075 www.spokanevalley.org Memorandum To: John Hohman, City Manager From: Chelsie Taylor, Finance Director Date: April 10, 2024 Re: Finance Department Activity Report Î February 2024 Following is information pertaining to Finance Department activities through the end of February 2024 and included herein is an updated 2023 Budget to Actual Comparison of Revenues and Expenditures through the end of December 2023. For the next couple of months we will focus our financial analysis on 2023 rather than 2024, because how 2023 wraps up will largely guide our decision making process as we progress towards the 2025 Budget development process. 2023 Year-end Process In February we have continued to work on closing the books for 2023, and we hope to have this process complete by mid-April. This process typically continues through mid-April because we continue to receive additional information pertaining to 2023 for both revenues and expenditures (particularly construction related activity). Following the closing of the books, we will begin the process of preparing our annual financial report which will be finished by the end of May. We hope to have the State Auditor's Office onsite in June to begin the audit of 2023. Budget to Actual Comparison Report A report reflecting 2023 Budget to Actual Revenues and Expenditures for those funds for which a 2023 Budget was adopted is located on pages 5 through 18. ItÓs important to keep in mind that the figures included are preliminary and we anticipate they will continue to change as a result of the fact that we continue to receive invoices related to 2023 expenditure activity as well as some additional revenues. We will follow up with the final 2023 figures once the books are closed. WeÓve included the following information in the report: Revenues by source for all funds, and expenditures by department in the General Fund and by type in all other funds. A breakdown between recurring and nonrecurring revenues and expenditures in the General Fund, Street O&M Fund and Stormwater Fund. The change in fund balance including beginning and ending figures. The beginning fund balance figures are those that are reflected in our 2022 Annual Financial Report. Columns of information include: o The 2023 Budget as amended o December 2023 activity o Cumulative 2023 activity through December 2023 o Budget remaining in terms of dollars o The percent of budgeted revenue collected or budgeted expenditures disbursed P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2.docx Page 1 A few points related to the General Fund #001 (page 5): Recurring revenues collections are currently at 112.78% of the amount budgeted with 100.00% of the year elapsed. Property taxes are paid to Spokane County in two installments each year on April 30 and October 31 and are then remitted to the City primarily in May and November with lesser amounts typically remitted in June and December. Property taxes received thus far in 2023 are $13,459,913 or 99.19% of the amount budgeted. In January we received one final payment related to 2023 collections that is reflected herein. Sales tax collections finished the year at $32,522,920 which was $1,967,920 or 6.44% greater than the amount budgeted. Gambling taxes are at $556,439 or 45.28% greater than the amount budgeted. Gambling st taxes are paid quarterly and fourth quarter payments were due by January 31. Franchise Fee and Business Registration revenues are typically received in the month following a calendar year quarter. In 2023 we received $1,336,821 or 10.03% greater than the amount budgeted. State shared revenues are composed of State of Washington distributions that include items such as liquor board profits, liquor excise tax, streamlined sales tax mitigation and criminal justice monies. Most of these revenues are paid by the State in the month following a calendar quarter. These have collectively finished the year at $2,608,679 or 11.43% greater than the amount budgeted. Fines and forfeitures revenues are composed of monthly remittances from Spokane County with payments made in the month following the actual assessment of a fine and false alarm fees. These have finished the year at $503,792 which is $14,808 or 2.86% less than the amount budgeted. Community and Public Works service revenues are largely composed of building permit and plan review fees as well as right of way permits. Revenues collected in 2023 are at $3,864,148 or 22.83% greater than the amount budgeted. The amount collected is far in excess of the amount of the budget expectation primarily due to several large construction projects in the City that were permitted during 2023. Recreation program revenues are composed of revenues generated by the variety of parks and recreation programs including classes, swimming pools (in-season), and CenterPlace. The year ended with revenues totaling $875,639 or 39.99% greater than the amount budgeted. Recurring expenditures are currently at $53,367,934 or 99.26% of the amount budgeted with 100.00% of the year elapsed. Fund Balance / Reserves The fund balance at December 31, 2023 was anticipated to be $42,140,412 but actually finished the year at $49,232,307. The difference of $7,091,895 is the result of: Recurring revenues are $7,211,318 greater than budgeted, primarily in sales taxes, permitting revenues, and investment interest. Recurring expenditures are $398,546 less than budgeted, primarily in general government. Deficit from non-recurring activities is $517,969 less than budgeted. Investments (page 19) Investments at December 31 total $114,619,429 and are composed of $109,263,650 in the Washington State Local Government Investment Pool and $5,355,779 in bank CDs. P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2.docx Page 2 Total Sales Tax Receipts (page 20) Total sales tax receipts reflect State remittances through December and total $36,881,742 including general, criminal justice, and public safety taxes. This figure is $319,251 or 0.87% greater than the same twelve-month period in 2022. Economic Indicators (pages 21 Î 23) The following economic indicators provide information pertaining to three different sources of tax revenue that provide a good gauge of the health and direction of the overall economy. 1. Sales taxes (page 21) provide a sense of how much individuals and businesses are spending on the purchase of goods. 2. Hotel / Motel taxes (page 22) provide us with a sense of overnight stays and visits to our area by tourists or business travelers. 3. Real Estate Excise taxes (page 23) provide us with a sense of real estate sales. Page 21 provides a 10-year history of general sales tax receipts (not including public safety or criminal justice) with monthly detail beginning January 2015. Compared with calendar year 2023, 2024 collections have decreased by $56,912 or 1.94%. Tax receipts reached an all-time high in 2023 of $32,522,920, besting the previous record year of 2022 when $32,347,046 was collected. Page 22 provides a 10-year history of hotel/motel tax receipts with monthly detail beginning January 2015. Compared with calendar year 2023, 2024 collections have increased by $3,097 or 8.38%. Collections reached an all-time high in 2023 of $905,678, besting the previous record of $901,686 in 2022. Page 23 provides a 10-year history of real estate excise tax receipts with monthly detail beginning January 2015. Compared with calendar year 2023, 2024 collections have decreased by $1,654 or 0.97%. Collections appear to be more in line with historical amounts rather than the historic highs seen in 2021 and 2022. Collections reached an all-time high in 2021 of $6,218,227. Debt Capacity and Bonds Outstanding (page 24) This page provides information on the CityÓs debt capacity, or the dollar amount of General Obligation (G.O.) Bonds the City may issue, as well as an amortization schedule of the bonds the City currently has outstanding. The maximum amount of G.O. bonds the City may issue is determined by the assessed value for property taxes which for 2024 is $17,533,706,897. Following the December 1, 2023 debt service payments, the City has $9,085,000 of nonvoted G.O. bonds outstanding which represents 3.45% of our nonvoted bond capacity, and 0.69% of our total debt capacity for all types of bonds. Of this amount: o $3,040,000 remains on bonds issued for the construction of CenterPlace. These bonds are repaid with a portion of the 1/10 of 1% sales tax that is collected by the Spokane Public Facilities District. o The bonds issued for road and street improvements around CenterPlace were paid off as of December 1, 2023. The bonds were repaid with a portion of the real estate excise tax collected by the City. o $6,045,000 remains on bonds issued for construction of the new City Hall. The bonds are repaid with General Fund revenues. P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2.docx Page 3 Street Fund Revenue Sources (pages 25 and 26) The last two charts reflect a history for the two primary sources of revenue in Street Fund #101. These include: Page 25 provides a 10-year history of Motor Vehicle Fuel Tax collections with monthly detail beginning January 2015. Compared with calendar year 2023, 2024 collections have increased by $4,239 or 3.05%. Tax receipts peaked in 2007 at approximately $2.1 million and have generally ranged around $2 million in the years 2014 through 2023. Page 26 provides a 10-year history of Telephone Utility Tax collections with monthly detail beginning January 2015. Compared with 2023, 2024 collections have increased by $117 or 0.15%. Unlike tax revenues collected by the State and remitted monthly, these taxes are paid to the City directly by the service provider. Consequently, there is not a "clean cutoff' in terms of when a vendor pays the tax. Tax receipts peaked in 2009 at $3,054,473 and have decreased each year since due to what we suspect is the reduction in land lines by individual households as well as a reallocation of revenues from voice plans to data plans by cell phone companies. The 2023 Budget was adopted with a revenue estimate of $857,000, and actual receipts came in at approximately $976,000. The 2024 Budget is set at $900,000, and we will closely watch actual receipts as we progress through 2024. P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2.docx Page 4 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget #001 - GENERAL FUND RECURRING ACTIVITY Revenues Property Tax13,569,200677,78813,459,913(109,287)99.19% Sales Tax30,555,0005,252,93232,522,9201,967,920106.44% Sales Tax - Public Safety1,357,000264,4701,583,962226,962116.73% Sales Tax - Criminal Justice2,398,000463,5142,774,860376,860115.72% Gambling Tax and Leasehold Excise Tax383,000122,977556,439173,439145.28% Franchise Fees/Business Registration1,215,000282,0101,336,821121,821110.03% State Shared Revenues2,341,000649,0102,608,679267,679111.43% Fines, Forfeitures and Penalties518,60078,486503,792(14,808)97.14% Community and Public Works3,145,900278,6593,864,148718,248122.83% Recreation Program Revenues625,5009,722875,639250,139139.99% Grant Proceeds100,00000(100,000)0.00% Miscellaneous Department Revenue22,5007,08390,65168,151402.89% Miscellaneous & Investment Interest158,200610,2583,438,2383,280,0382173.35% Transfers in - #105 (h/m tax-CP advertising) 30,00014,15514,155(15,845)47.18% Total Recurring Revenues56,418,9008,711,06563,630,2187,211,318112.78% Expenditures City Council707,55865,631646,78860,77091.41% City Manager844,414(120,846)762,46581,94990.30% City Attorney1,209,856136,8641,100,291109,56590.94% City Services975,887479,407713,686262,20173.13% Public Safety32,772,3614,149,65034,066,136(1,293,775)103.95% Deputy City Manager604,75247,583602,5232,22999.63% Finance1,422,096100,1401,257,908164,18888.45% Human Resources385,58441,472386,544(960)100.25% Information Technology439,52233,162386,53652,98687.94% City Facilities Operations and Maintenance480,34452,644571,045(90,701)118.88% Community & Public Works - Administration375,20036,633339,05936,14190.37% Community & Public Works - Engineering1,866,05273,4811,699,241166,81191.06% Community & Public Works - Building2,117,009147,8781,866,664250,34588.17% Community & Public Works - Planning887,729102,269832,05255,67793.73% Economic Development1,150,97194,6091,144,7196,25299.46% Parks & Rec - Administration383,49631,569381,9641,53299.60% Parks & Rec - Maintenance972,455188,3761,150,110(177,655)118.27% Parks & Rec - Recreation 351,84320,187273,64578,19877.77% Parks & Rec - Aquatics565,70021,105604,667(38,967)106.89% Parks & Rec - Senior Center38,9162,21620,88318,03353.66% Parks & Rec - CenterPlace1,096,367121,9141,011,82484,54392.29% General Government1,945,418321,1621,376,234569,18470.74% Transfers out - #204 ('16 LTGO bond debt service) 401,15033,429401,1500100.00% Transfers out - #309 (park capital projects) 160,00013,333160,0000100.00% Transfers out - #311 (pavement preservation) 1,011,80084,3171,011,8000100.00% Transfers out - #502 (insurance premium)600,00050,000600,0000100.00% Total Recurring Expenditures53,766,4806,328,183 53,367,934 398,54699.26% Recurring Revenues Over (Under) Recurring Expenditures2,652,4202,382,88310,262,2847,609,864 Page 5 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget #001 - GENERAL FUND - continued NONRECURRING ACTIVITY Revenues Transfers in - #3122,600,0001,400,0001,400,000(1,200,000)53.85% Precinct Grant39,00000(39,000)0.00% County Portion of Plante's Ferry Study50,00048,27248,272(1,728)96.54% Coronavirus Local Fiscal Recovery Funds9,418,00034,3679,464,42646,426100.49% Judgments & Settlements3,560,00003,565,2985,298100.15% Total Nonrecurring Revenues15,667,0001,482,63914,477,996(1,189,004)92.41% Expenditures City Hall Repairs1,200,0001,687,8383,410,647(2,210,647)284.22% City Attorney (office furniture for new Paralegal)8,500008,5000.00% (Deputy City Clerk workstation) City Services 00558(558)0.00% Public Safety (police vehicles)1,550,08573,1371,531,08918,99698.77% (police staffing assessment) Public Safety 85,00033,23684,78721399.75% (access/fencing White Elephant) Public Safety 31,000030,73226899.13% Public Safety (install Precinct gutters)4,00001,4812,51937.03% (install security cameras at Precinct) Public Safety 20,00007,49112,50937.45% (concrete repair at Precinct) Public Safety 15,000014,30070095.33% (furniture for roll call room at Precinct) Public Safety 30,000025,2224,77884.07% (covert pole cameras) Public Safety 0039,103(39,103)0.00% (Precinct shop lift replacement) Public Safety 25,00047,90447,904(22,904)191.62% (remove street trees at City Hall) City Facilities 15,000076214,2385.08% (Balfour Facility evaluation) City Facilities 60,0001,50059,70529599.51% (20th Anniversary) Economic Development 34,7697134,6759499.73% (consulting services) Economic Development 209,9750165,19544,78078.67% (cubicle furniture) Engineering 16,600016,5198199.51% (equipment assessment) Parks & Rec 6,000006,0000.00% (repaint portico at CenterPlace) Parks & Rec 12,0000012,0000.00% (replace CenterPlace flooring) Parks & Rec 52,70035,73951,97972198.63% (backup batteries for CP emergency ligh Parks & Rec 10,0000010,0000.00% (sidewalk repairs at CenterPlace) Parks & Rec 24,000023,55944198.16% (CenterPlace lobby improvements) Parks & Rec 150,00000150,0000.00% General Government - IT capital replacements166,000033,830132,17020.38% Financial Software Capital Costs700,000113,575546,085153,91578.01% (CLFR related costs) General Government 8,006,000302,6506,095,2991,910,70176.13% (Street Fund operations) Transfers out - #101 3,530,048294,1713,530,0480100.00% (replenish reserve) Transfers out - #122 500,0000500,0000100.00% (Balfour Park Imp. Phase 1) Transfers out - #309 427,32700427,3270.00% (pump for Mirabeau Falls) Transfers out - #309 33,0000033,0000.00% Transfers out - #312 ('21 fund bal >50%)5,358,05405,358,0540100.00% Total Nonrecurring Expenditures22,280,0582,589,820 21,609,023 671,03596.99% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures(6,613,058)(1,107,180)(7,131,027)(517,969) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures(3,960,638)1,275,7023,131,2577,091,895 Beginning unrestricted fund balance46,101,05046,101,050 Ending fund balance42,140,41249,232,307 Page 6 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget SPECIAL REVENUE FUNDS #101 - STREET FUND RECURRING ACTIVITY Revenues Telephone Utility Tax857,000161,321975,869118,869113.87% Motor Vehicle Fuel (Gas) Tax2,062,600323,4691,969,114(93,486)95.47% Multimodal Transportation139,20034,767139,065(135)99.90% Right-of-Way Maintenance Fee95,00091,936112,55217,552118.48% Solid Waste Road Wear Fee1,700,000373,9512,163,489463,489127.26% Investment Interest50046,567122,690122,19024537.97% Miscellaneous Revenue10,00021213,2123,212132.12% Total Recurring Revenues4,864,3001,032,2245,495,991631,691112.99% Expenditures Wages / Benefits / Payroll Taxes1,617,994195,1571,647,423(29,429)101.82% Supplies198,0009,845198,116(116)100.06% Services & Charges2,820,089362,3992,846,752(26,663)100.95% Snow Operations1,081,915269,3371,081,18672999.93% Local Street Program3,918,1006812,212,1831,705,91756.46% Intergovernmental Payments1,000,00056,880641,562358,43864.16% Transfers out - #3111,655,955001,655,9550.00% Vehicle Rentals - #501 (non-plow vehicle rental)27,7502,31327,7500100.00% Vehicle Rentals - #501 (plow replace)275,00022,917275,0000100.00% Total Recurring Expenditures12,594,803919,5288,929,9723,664,83170.90% Recurring Revenues Over (Under) Recurring Expenditures(7,730,503)112,696(3,433,981)4,296,522 NONRECURRING ACTIVITY Revenues Insurance Proceeds04,43318,24518,2450.00% Transfers in - #0013,530,048294,1713,530,0480100.00% Transfers in - #1061,862,92901,862,9290100.00% Transfers in - #3112,677,09902,677,0990100.00% Transfers in - #312250,0000250,0000100.00% Total Nonrecurring Revenues8,320,076298,6048,338,32118,245100.22% Expenditures Replacement Parts for Snowplows0037,628(37,628)0.00% Generator for Maint. Shop (50% cost to #402)8,500034,969(26,469)411.40% Desks for Maintenance Shop (50% cost to #402)1,530001,5300.00% Signal Maintenance Equipment40,000037,9812,01994.95% Streetlight Replacement Program40,0006,47539,43656498.59% Transfers out - #501(truck for Signal Technician) 58,0000058,0000.00% Fixed Base Pole/Pedestrian Signal Post002,190(2,190)0.00% Retaining Wall Repair008,168(8,168)0.00% Bridge Maintenance10,0000010,0000.00% Total Nonrecurring Expenditures158,0306,475160,372(2,342)101.48% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures8,162,046292,1298,177,94915,903 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures431,543404,8254,743,9684,312,425 Beginning fund balance1,319,2061,319,206 Ending fund balance1,750,7496,063,173 Page 7 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget SPECIAL REVENUE FUNDS - continued #103 - PATHS & TRAILS Revenues Motor Vehicle Fuel (Gas) Tax8,7001,3648,305(395)95.46% Investment Interest1003801,9461,8461945.91% Total revenues8,8001,74410,2511,451116.49% Expenditures Capital Outlay00000.00% Total expenditures00000.00% Revenues over (under) expenditures8,8001,74410,2511,451 Beginning fund balance38,36838,368 Ending fund balance47,16848,620 #104 - TOURISM FACILITIES HOTEL/MOTEL TAX FUND Revenues Tourism Facilities Hotel/Motel Tax600,00080,834588,685(11,315)98.11% Investment Interest 5,00038,938234,243229,2434684.85% Transfers in - #105515,1980515,1980100.00% Total revenues1,120,198119,7711,338,125217,927119.45% Expenditures Spokane County - Avista Stadium Award2,000,00002,000,0000100.00% Total expenditures2,000,00002,000,0000100.00% Revenues over (under) expenditures(879,802)119,771(661,875)217,927 Beginning fund balance5,619,7055,619,705 Ending fund balance4,739,9034,957,830 #105 - HOTEL/MOTEL TAX FUND Revenues Hotel/Motel Tax900,000124,360905,6785,678100.63% Investment Interest 1,0004,76426,18925,1892618.87% Total revenues901,000129,124931,86730,867103.43% Expenditures Transfers out - #00130,00014,15514,15515,84547.18% Transfers out - #104515,1980515,1980100.00% Tourism Promotion309,702173,902309,7020100.00% Total expenditures854,900188,057839,05515,84598.15% Revenues over (under) expenditures46,100(58,933)92,81215,022 Beginning fund balance507,419507,419 Ending fund balance553,519600,231 #106 - SOLID WASTE Revenues Solid Waste Administrative Fees225,00054,586276,172(51,172)122.74% Investment Interest 4,0009,18691,696(87,696)2292.40% Total revenues229,00063,772367,868(138,868)160.64% Expenditures Transfers out - #1011,862,92901,862,9290100.00% Education & Contract Administration229,00047,522301,877(72,877)131.82% Total expenditures2,091,92947,522 2,164,806 (72,877)103.48% Revenues over (under) expenditures(1,862,929)16,250(1,796,938)(65,991) Beginning fund balance3,003,1613,003,161 Ending fund balance1,140,2321,206,223 Page 8 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget SPECIAL REVENUE FUNDS - continued #107 - PEG FUND Revenues Comcast PEG Contribution71,00013,05941,29829,70258.17% Investment Interest 01,68010,249(10,249)0.00% Total revenues71,00014,73951,54719,45372.60% Expenditures PEG Reimbursement - CMTV39,500038,96453698.64% Capital Outlay33,50014,86725,5657,93576.31% Total expenditures73,00014,86764,5298,47188.40% Revenues over (under) expenditures(2,000)(128)(12,982)10,982 Beginning fund balance233,782233,782 Ending fund balance231,782220,800 #108 - AFFORDABLE & SUPPORTIVE HOUSING TAX FUND Revenues Affordable & Supportive Housing Tax200,00045,196193,1056,89596.55% Investment Interest 06,17129,958(29,958)0.00% Total revenues200,00051,367223,063(23,063)111.53% Expenditures Affordable & Supportive Housing Program00000.00% Total expenditures00000.00% Revenues over (under) expenditures200,00051,367223,063(23,063) Beginning fund balance577,569577,569 Ending fund balance777,569800,632 #109 - TOURISM PROMOTION AREA Revenues Tourism Promotion Area Fee1,200,000211,0151,309,506(109,506)109.13% Investment Interest 06,19124,548(24,548)0.00% Tourism Interest07943,644(3,644)0.00% Total revenues1,200,000218,0001,337,697(137,697)111.47% Expenditures Services & Charges800,000385,624655,957144,04381.99% Total expenditures800,000385,624655,957144,04381.99% Revenues over (under) expenditures400,000(167,624)681,740(281,740) Beginning fund balance00 Ending fund balance400,000681,740 #110 - HOMELESS HOUSING PROGRAM FUND Revenues Recording Surcharge - Homeless Housing051,131125,527(125,527)0.00% Investment Interest 07341,020(1,020)0.00% Total revenues051,865126,547(126,547)0.00% Expenditures Services & Charges00000.00% Total expenditures00000.00% Revenues over (under) expenditures051,865126,547(126,547) Beginning fund balance00 Ending fund balance0126,547 Page 9 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget SPECIAL REVENUE FUNDS - continued #120 - CENTER PLACE OPERATING RESERVE FUND Revenues Transfers in00000.00% Total revenues00000.00% Expenditures Operations00000.00% Total expenditures00000.00% Revenues over (under) expenditures0000 Beginning fund balance300,000300,000 Ending fund balance300,000300,000 #121 - SERVICE LEVEL STABILIZATION RESERVE FUND Revenues Investment Interest050,964151,854151,8540.00% Transfers in00000.00% Total revenues050,964151,854151,8540.00% Expenditures Operations00000.00% Total expenditures00000.00% Revenues over (under) expenditures050,964151,854151,854 Beginning fund balance5,500,0005,500,000 Ending fund balance5,500,0005,651,854 #122 - WINTER WEATHER RESERVE FUND Revenues Investment Interest1,1004,32916,78815,6881526.20% Transfers in - #001500,0000500,0000100.00% Subtotal revenues501,1004,329516,78815,688103.13% Expenditures Snow removal expenses500,00000500,0000.00% Transfers out - #10100000.00% Total expenditures500,00000500,0000.00% Revenues over (under) expenditures1,1004,329516,788(484,312) Beginning fund balance31,78031,780 Ending fund balance32,880548,568 DEBT SERVICE FUNDS #204 - DEBT SERVICE FUND Revenues Spokane Public Facilities District527,200458,600527,2000100.00% Transfers in - #001401,15033,429401,1500100.00% Transfers in - #30180,6006,71780,6000100.00% Transfers in - #30280,6006,71780,6000100.00% Total revenues1,089,550505,4621,089,5500100.00% Expenditures Debt Service Payments - CenterPlace527,2000527,2000100.00% Debt Service Payments - Roads161,2000161,2000100.00% Debt Service Payments - '16 LTGO Bond401,1500401,1500100.00% Total expenditures1,089,55001,089,5500100.00% Revenues over (under) expenditures0505,46200 Beginning fund balance00 Ending fund balance00 Page 10 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget CAPITAL PROJECTS FUNDS #301 - CAPITAL PROJECTS FUND Revenues REET 1 - Taxes1,500,000224,2981,678,860178,860111.92% Investment Interest4,00049,144274,630270,6306865.76% Total revenues1,504,000273,4421,953,490449,490129.89% Expenditures Transfers out - #20480,6006,71780,6000100.00% Transfers out - #303560,4380831,000(270,562)148.28% (pavement preservation) Transfers out - #311 1,037,500001,037,5000.00% Transfers out - #3147,199007,1990.00% Total expenditures1,685,7376,717911,600774,13754.08% Revenues over (under) expenditures(181,737)266,7261,041,890(324,646) Beginning fund balance5,314,9285,314,928 Ending fund balance5,133,1916,356,817 #302 - SPECIAL CAPITAL PROJECTS FUND Revenues REET 2 - Taxes1,500,000224,2981,678,860178,860111.92% Investment Interest6,00044,197305,242299,2425087.37% Total revenues1,506,000268,4941,984,102478,102131.75% Expenditures Transfers out - #20480,6006,71780,6000100.00% Transfers out - #3032,520,83202,964,870(444,038)117.61% Transfers out - #3095,000005,0000.00% (pavement preservation) Transfers out - #311 1,037,500001,037,5000.00% Transfers out - #314136,87500136,8750.00% Total expenditures3,780,8076,7173,045,470735,33780.55% Revenues over (under) expenditures(2,274,807)261,778(1,061,368)(257,234) Beginning fund balance6,791,1756,791,175 Ending fund balance4,516,3685,729,807 Page 11 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget CAPITAL PROJECTS FUNDS - continued #303 STREET CAPITAL PROJECTS FUND Revenues Developer Contribution451,007057,250(393,757)12.69% Traffic Mitigation Fees010,770179,320179,3200.00% Investment Interest06,16450,21950,2190.00% Grant Proceeds9,521,716429,9065,764,160(3,757,556)60.54% Transfers in - #301560,4380831,000270,562148.28% Transfers in - #3022,520,83202,964,870444,038117.61% Transfers in - #312220,86600(220,866)0.00% Total revenues13,274,859 446,840 9,846,820 (3,428,039)74.18% Expenditures 205Sprague/Barker Intersection Improvement0019,580(19,580)0.00% 249Sullivan & Wellesley Intersection765,3210282,254483,06736.88% 275Barker Rd Widening - River to Euclid05931,983(31,983)0.00% 299Argonne Rd Concrete Pvmt Indiana to Mont03382,035(2,035)0.00% 300Pines & Mission Intersection Improvements342,5464,579229,490113,05667.00% 313Barker Road/Union Pacific Crossing1,044,000642,1223,506,982(2,462,982)335.92% 318Wilbur Sidewalk: Boone to Mission172,701012,034160,6676.97% 320Sullivan Preservation: Sprague-8th2,466,04072,224797,7561,668,28432.35% 321Argonne Corridor Imprv - North of Knox10,0000010,0000.00% 3262020 Citywide Retroreflective Post Panel89,50226,85530,60158,90134.19% 327Sprague Avenue Stormwater1,557,41051,23551,3721,506,0383.30% 329Barker Road Imp - City Limits to Appleway97,97116,476118,246(20,275)120.69% 334Sprague Avenue Preservation003,363(3,363)0.00% 335Mission Ave over Evergreen Rd Deck Repair409,5390320,96088,57978.37% 3408th Ave Sidewalk (Coleman to Park)1,325,16621,7771,357,398(32,232)102.43% 3422022 School Zone Flashing Beacons112,41701,223111,1941.09% 344Park Rd Sidewalk - Broadway to Cataldo338,8622,005230,689108,17368.08% 345Park Rd Sidewalk - Nora to Baldwin311,6000425,235(113,635)136.47% 346Bowdish Sidewalk - 12th to 22nd477,37326,88489,650387,72318.78% 347Broadway and Park Intersection2,124,41126,9431,863,610260,80187.72% 348Barker Rd Improvements - Appleway to I-90300,00048,75377,139222,86125.71% 349Trent Ave Access Control & Safety Improv089916,644(16,644)0.00% 351Barker Rd Improv - Sprague to Appleway255,0001,0194,298250,7021.69% 3522022 Citywide Signal Backplates02673,189(3,189)0.00% 356Argonne/I90 Bridge75,0000075,0000.00% Contingency1,000,000001,000,0000.00% Total expenditures13,274,859942,434 9,475,730 3,799,12971.38% Revenues over (under) expenditures0(495,593)371,090(7,227,168) Beginning fund balance1,943,1511,943,151 Ending fund balance1,943,1512,314,241 Note: Work performed in the Street Capital Projects Fund for preservation projects is for items such as sidewalk upgrades that were bid with the pavement preservation work. Page 12 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget CAPITAL PROJECTS FUNDS - continued #309 - PARKS CAPITAL PROJECTS FUND Revenues Transfers in - #001620,32713,333160,000(460,327)25.79% Transfers in - #31040,19200(40,192)0.00% Transfers in - #3125,682,84604,223,646(1,459,200)74.32% Grant Proceeds326,890158,658158,658(168,232)48.54% Investment Interest 001,1581,1580.00% Total revenues6,670,255171,9924,543,462(2,126,793)68.12% Expenditures 314Balfour Park Frontage Improvements5,00005,0000100.00% 316Balfour Park Improvements - Phase 15,222,255483,8854,764,890457,36591.24% 328Sullivan Park Waterline500,00019140,499459,5018.10% 338Loop Trail Project750,0009,35348,478701,5226.46% Parking & Trail Design (Summerfield, Ponderosa, Fl 136,90000136,9000.00% West Lawn Shade Canopy for Stage23,1000023,1000.00% Pump replacement for Mirabeau Falls33,0000033,0000.00% Total expenditures6,670,255493,4294,858,8671,811,38872.84% Revenues over (under) expenditures0(321,438)(315,405)(3,938,181) Beginning fund balance177,301177,301 Ending fund balance177,301(138,104) #310 - CIVIC FACILITIES CAPITAL PROJECTS FUND Revenues Investment Interest 1,0004694,8513,851485.05% Total revenues1,0004694,8513,851485.05% Expenditures Transfers out - #30940,1920040,1920.00% Payment to Library District799,0930799,0930100.00% Total expenditures839,2850799,09340,19295.21% Revenues over (under) expenditures(838,285)469(794,242)(36,341) Beginning fund balance853,709853,709 Ending fund balance15,42459,466 Page 13 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget CAPITAL PROJECTS FUNDS - continued #311 - PAVEMENT PRESERVATION FUND Revenues Transfers in - #0011,011,80084,3171,011,8000100.00% Transfers in - #1011,655,95500(1,655,955)0.00% Transfers in - #3011,037,50000(1,037,500)0.00% Transfers in - #3021,037,50000(1,037,500)0.00% Grant Proceeds2,636,000(113,723)2,643,9157,915100.30% Investment Interest 03,639138,460138,4600.00% Total revenues7,378,755(25,768) 3,794,175 (3,584,580)51.42% Expenditures Transfers out - #1012,677,09902,677,0990100.00% Pre-project GeoTech Services50,0000050,0000.00% Pavement Preservation7,781,651007,781,6510.00% 320Sullivan Preservation: Sprague-8th09,8812,595,577(2,595,577)0.00% 334Sprague Avenue Preservation006,013(6,013)0.00% 3392022 Local Access Streets: Summerfield E04,1401,402,461(1,402,461)0.00% 3408th Ave Sidewalk (Coleman to Park)029,459958,721(958,721)0.00% 341Broadway Preservation - Fancher to Park06,6381,383,547(1,383,547)0.00% 346Bowdish Sidewalk - 12th to 22nd0560560(560)0.00% 347Broadway and Park Intersection027,849241,580(241,580)0.00% 353Wellesley Pres - Sullivan to Flora/Trent03,5206,744(6,744)0.00% 35416th Ave Pres - Evergreen to Adams010,81720,664(20,664)0.00% 35532nd Ave Pres - Pines to SR-2703,45312,624(12,624)0.00% 357Fancher Rd - Broadway to Trent02,1272,127(2,127)0.00% 358Fancher Pres (Sprague to Broadway)02,1272,127(2,127)0.00% Total expenditures10,508,750100,572 9,309,8461,198,90488.59% Revenues over (under) expenditures(3,129,995)(126,340)(5,515,671)(4,783,485) Beginning fund balance6,615,7006,615,700 Ending fund balance3,485,7051,100,029 #312 - CAPITAL RESERVE FUND Revenues Transfers in - #0015,358,05405,358,0540100.00% Investment Interest 20,000136,507803,378783,3784016.89% Total revenues5,378,054136,5076,161,432783,378114.57% Expenditures Transfers out - #0012,600,0001,400,0001,400,0001,200,00053.85% Transfers out - #101250,0000250,0000100.00% Transfers out - #303220,86600220,8660.00% Transfers out - #3095,677,84604,223,6461,454,20074.39% Transfers out - #314797,5680256,011541,55732.10% (E Sprague) Land Acquisition 791,0000790,78321799.97% (Sullivan Park) Land Acquisition 759,60000759,6000.00% Total expenditures11,096,8801,400,0006,920,4404,176,44062.36% Revenues over (under) expenditures(5,718,826)(1,263,493)(759,008)(3,393,062) Beginning fund balance16,658,02016,658,020 Ending fund balance10,939,19415,899,012 Page 14 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget CAPITAL PROJECTS FUNDS - continued #314 - RAILROAD GRADE SEPARATION PROJECTS FUND Revenues Developer Contribution454,041144,686144,686(309,355)31.87% Grant Proceeds4,897,01351,887799,966(4,097,047)16.34% Investment Interest 00000.00% Transfers in - #3017,19900(7,199)0.00% Transfers in - #302136,87500(136,875)0.00% Transfers in - #312797,5680256,011(541,557)32.10% Total revenues6,292,696196,5741,200,663 (5,092,033)19.08% Expenditures 143Barker Rd/BNSF Grade Separation990,89471,715413,771577,12341.76% 223Pines Rd Underpass3,865,89780,5701,175,9082,689,98930.42% 311Sullivan Rd./SR 290 Interchange Project1,615,462112,512130,1211,485,3418.05% Total expenditures6,472,253264,7971,719,8004,752,45326.57% Revenues over (under) expenditures(179,557)(68,223)(519,137)(9,844,486) Beginning fund balance267,460267,460 Ending fund balance87,903(251,678) #315 - TRANSPORTATION IMPACT FEES Revenues Transportation Impact Fees200,000100,473429,485229,485214.74% Investment Interest 08,97842,40442,4040.00% Total revenues200,000109,451 471,889 271,889235.94% Expenditures Transfers out - #30300000.00% Total expenditures00000.00% Revenues over (under) expenditures200,000109,451471,889271,889 Beginning fund balance665,904665,904 Ending fund balance865,9041,137,793 #316 - ECONOMIC DEVELOPMENT CAPITAL PROJECT FUND Revenues Transfers in - #31200000.00% Total revenues00000.00% Expenditures Cross Country Complex01,8001,800(1,800)0.00% Total expenditures01,8001,800(1,800)0.00% Revenues over (under) expenditures0(1,800)(1,800)1,800 Beginning fund balance00 Ending fund balance0(1,800) Page 15 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget ENTERPRISE FUNDS #402 - STORMWATER FUND RECURRING ACTIVITY Revenues Stormwater Management Fees5,600,000404,4015,585,386(14,614)99.74% Investment Interest2,00040,324172,947170,9478647.36% Total Recurring Revenues5,602,000444,726 5,758,333156,333102.79% Expenditures Wages / Benefits / Payroll Taxes957,36866,760 658,467298,90168.78% Supplies99,3002,452 102,742(3,442)103.47% Services & Charges1,764,822263,555 1,464,283300,53982.97% Intergovernmental Payments48,000045,6402,36095.08% Vehicle Rentals - #5016,7505636,7500100.00% Total Recurring Expenditures2,876,240333,329 2,277,882 598,35879.20% Recurring Revenues Over (Under) Recurring Expenditures2,725,760111,396 3,480,451754,691 NONRECURRING ACTIVITY Revenues Grant Proceeds00306,665306,6650.00% Total Nonrecurring Revenues00306,665306,6650.00% Expenditures Capital - various projects350,0000134,938215,06238.55% 300Pines & Mission Intersection Improvement005,200(5,200)0.00% 314Balfour Park Frontage Improvements00393(393)0.00% 334Sprague Avenue Preservation002,124(2,124)0.00% 3408th Ave Sidewalk (Coleman to Park)0191717,411(717,411)0.00% 345Park Rd Sidewalk - Nora to Baldwin0225161,970(161,970)0.00% 346Bowdish Sidewalk - 12th to 22nd06,5276,527(6,527)0.00% Transfers out - #50160,0000060,0000.00% Watershed Studies100,0005,84923,04476,95623.04% Land Acquisition (Spokane Conservation Dist.)260,0000252,8357,16697.24% Motor & Pump Replacement/Rebuild088,44188,441(88,441)0.00% Desks for Maintenance Shop (50% cost to #101)1,530001,5300.00% Generator for Maint. Shop (50% cost to #101)8,500034,969(26,469)411.40% Stormwater Comprehensive Plan50,0000050,0000.00% Total Nonrecurring Expenditures830,030101,234 1,427,853 (597,823)172.02% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures(830,030)(101,234)(1,121,187)(291,157) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures1,895,73010,1632,359,264463,534 Beginning working capital2,278,3632,278,363 Ending working capital4,174,0934,637,627 Note: Work performed in the Stormwater Fund for preservation projects is for stormwater improvements that were bid with the pavement preservation work. #403 - AQUIFER PROTECTION AREA Revenues Spokane County460,000228,199515,89855,898112.15% Grant Proceeds397,5003,729621,476223,976156.35% Investment Interest 1,90010,63657,69255,7923036.40% Total revenues859,400242,5631,195,066335,666139.06% Expenditures Capital - various projects1,421,10093,0461,125,339295,76179.19% Effectiveness study55,0000055,0000.00% Total expenditures1,476,10093,0461,125,339350,76176.24% Revenues over (under) expenditures(616,700)149,51769,727(15,096) Beginning working capital1,520,5221,520,522 Ending working capital903,8221,590,248 Page 16 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget INTERNAL SERVICE FUNDS #501 - ER&R FUND Revenues Interfund vehicle lease - #00159,6004,96759,6000100.00% Interfund vehicle lease - #10127,7502,31327,7500100.00% Interfund vehicle lease - #101 (plow replace)275,00022,917275,0000100.00% Interfund vehicle lease - #4026,7505636,7500100.00% Transfers in - #101 (additional dump bed truck)58,00000(58,000)0.00% Transfers in - #40260,00000(60,000)0.00% Investment Interest2,0009,82552,63950,6392631.94% Total revenues489,100 40,583 421,739 (67,361)86.23% Expenditures Wages / Benefits / Payroll Taxes0015,870(15,870)0.00% Small Tools & Minor Equipment10,0001,67312,201(2,201)122.01% Equipment Repair & Maintenance06985,743(5,743)0.00% Vehicle Purchase751,50010,433537,092214,40871.47% Total expenditures761,50012,803570,906190,59474.97% Revenues over (under) expenditures(272,400)27,780(149,168)(257,955) Beginning working capital1,417,1191,417,119 Ending working capital1,144,7191,267,952 #502 - RISK MANAGEMENT FUND Revenues Investment Interest03,2394,8034,8030.00% Transfers in - #001600,00050,000600,0000100.00% Total revenues600,00053,239604,8034,803100.80% Expenditures Auto & Property Insurance600,0000572,25127,74995.38% Unemployment Claims0049(49)0.00% Total expenditures600,0000572,30027,70095.38% Revenues over (under) expenditures053,23932,503(22,897) Beginning working capital428,022428,022 Ending working capital428,022460,525 FIDUCIARY FUNDS #632 - PASSTHROUGH FEES & TAXES Revenues Passthrough Fees & Taxes591,000100,535599,6008,600101.46% Total revenues591,000100,535599,6008,600101.46% Expenditures Passthrough Fees & Taxes591,000115,514600,183(9,183)101.55% Total expenditures591,000115,514600,183(9,183)101.55% Revenues over (under) expenditures0(14,979)(583)17,784 Beginning working capital00 Ending working capital0(583) Page 17 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA Budget Year2023 Budget to Actual Comparison of Revenues and Expenditures Elapsed =100.00% For the Twelve-Month Period Ended December 31, 2023 2023 ActualActual throughBudget% of BudgetDecemberDecember 31RemainingBudget SUMMARY FOR ALL FUNDS Total of Revenues for all Funds140,938,04315,195,319136,934,774 Per Revenue Status Report140,938,04315,195,319136,934,774 Difference- - - Total of Expenditures for all Funds157,672,44614,352,466134,498,309 Per Expenditure Status Report157,672,44614,352,466134,498,309 Difference- - - Total Capital expenditures (included in total expenditures)41,223,9032,092,52028,777,221 Page 18 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA 3/26/2024 Investment Report For the Twelve-Month Period Ended December 31, 2023 NW BankGesaTotal LGIP*CD #2068CD #9613Investments Beginning$106,640,316.42$3,195,435.19$2,095,825.25$111,931,576.86 Deposits3,870,605.610.000.003,870,605.61 Withdrawls(1,740,000.00)0.000.00(1,740,000.00) Interest989,729.2639,036.4325,482.061,054,247.75 Jan'24 Accrued Interest Receivable(497,001.35)0.000.00(497,001.35) Ending$109,263,649.94$3,234,471.62$2,121,307.31$114,619,428.87 matures:7/26/20241/2/2025 rate:5.15%5.30% Earnings BalanceCurrent PeriodYear to dateBudget 001General Fund$61,294,537.49$580,028.983,262,325.72$65,000.00 101Street Fund5,140,924.2246,567.39122,689.83500.00 103Trails & Paths41,934.32379.841,945.91100.00 104Tourism Facilities Hotel/Motel4,298,603.8538,937.50234,242.715,000.00 105Hotel/Motel525,970.824,764.3326,188.661,000.00 106Solid Waste Fund1,014,160.079,186.4491,695.944,000.00 107PEG Fund185,476.271,680.0810,249.000.00 108Affordable & Supportive Housing681,239.396,170.7829,957.770.00 109Tourism Promotion Area683,470.186,190.9924,547.840.00 110Homeless Housing Program81,010.00733.811,020.470.00 120CenterPlace Operating Reserve0.000.000.000.00 121Service Level Stabilization Reserve5,626,262.0250,963.67151,853.880.00 122Winter Weather Reserve477,885.934,328.7716,788.181,100.00 301Capital Projects 5,425,421.7449,144.42274,630.464,000.00 302Special Capital Projects4,879,200.5344,196.65305,242.426,000.00 303Street Capital Projects680,516.886,164.2450,219.320.00 309Parks Capital Projects0.000.001,157.550.00 310Civic Buildings Capital Projects51,804.07469.254,850.521,000.00 311Pavement Preservation401,686.503,638.55138,459.730.00 312Capital Reserve Fund15,070,056.82136,507.21803,377.7820,000.00 314Railroad Grade Separation Projects0.000.000.000.00 315Transportation Impact Fees991,189.968,978.3742,403.610.00 316Economic Development Capital Proj0.000.000.000.00 402Stormwater Management4,451,704.4840,324.31172,947.192,000.00 403Aquifer Protection1,174,132.2110,635.5057,691.521,900.00 501Equipment Rental & Replacement1,084,611.619,824.6052,638.722,000.00 502Risk Management357,629.513,239.474,802.820.00 632Passthrough Fees & Taxes0.000.000.000.00 $114,619,428.87$1,063,055.15$5,881,927.55$113,600.00 *Local Government Investment Pool Page 19 P:\\Finance\\Finance Activity Reports\\Council Monthly Reports\\2024\\2024 02 29 - 2023 12 PRELIMINARY No 2 CITY OF SPOKANE VALLEY, WA 3/26/2024 Sales Tax Receipts For the Twelve-Month Period Ended December 31, 2023 Month Difference Received20222023$% February3,202,171.483,327,068.41124,896.933.90% March2,441,337.892,669,835.22228,497.339.36% April2,550,319.992,592,511.3642,191.371.65% May3,153,928.133,105,321.94(48,606.19)(1.54%) June3,039,845.652,995,877.23(43,968.42)(1.45%) July3,009,859.023,212,629.74202,770.726.74% August3,235,239.663,389,163.24153,923.584.76% September3,139,069.663,170,059.3730,989.710.99% October3,284,249.153,159,258.80(124,990.35)(3.81%) November3,413,874.543,279,100.86(134,773.68)(3.95%) December3,179,520.403,072,314.83(107,205.57)(3.37%) January2,913,075.292,908,601.23(4,474.06)(0.15%) 36,562,490.8636,881,742.23319,251.370.87% 36,562,490.8636,881,742.23 Sales tax receipts reported here reflect remittances for general sales tax, criminal justice sales tax and public safety tax. The sales tax rate for retail sales transacted within the boundaries of the City of Spokane Valley is 8.9%. The tax that is paid by a purchaser at the point of sale is remitted by the vendor to the Washington State Department of Revenue who then remits the taxes back to the various agencies that have imposed the tax. The allocation of the total 8.9% tax rate to the agencies is as follows: -State of Washington6.50% -City of Spokane Valley0.85% -Spokane County0.15% -Spokane Public Facilities District0.10%* -Criminal Justice0.10% -Public Safety0.10%*2.40%local tax -Juvenile Jail0.10%* -Mental Health0.10%* -Law Enforcement Communications0.10%* -Spokane Transit Authority0.80%* 8.90% *Indicates voter approved sales taxes In addition to the .85% reported above that the City receives, we also receive a portion of the Criminal Justice and Public Safety sales taxes. The distribution of those taxes is computed as follows: Criminal Justice: The tax is assessed county-wide and of the total collected, the State distributes 10% of the receipts to Spokane County, with the remainder allocated on a per capita basis to the County and the cities within the County. Public Safety: The tax is assessed county-wide and of the total collected, the State distributes 60% of the receipts to Spokane County, with the remainder allocated on a per capita basis to the cities within the County. Page 20 Page 21 3/6/2024 Difference January 2023 to 2024 January y P:\\Finance\\Finance Activity Reports\\Tax Revenue\\Sales Tax\\2024\\sales tax collections 2024 9.51%9.37%9.45%9.18%9.26%8.93%8.30%8.76%9.04%n/a A 4 2015201620172018201920202021202220232024$% January - 2015201620172018201920202021202220232024 collected y collected 0 budgetactual total 500,000 3,500,0003,000,0002,500,0002,000,0001,500,0001,000,000 CITY OF SPOKANE VALLEY, WSales Tax Collections For the years 2015 through 202 January1,732,2991,863,2251,992,2732,078,4122,240,9082,253,8522,615,3262,834,6862,938,6992,881,787(56,912)(1.94%) Collected to date1,732,2991,863,2251,992,2732,078,4122,240,9082,253,8522,615,3262,834,6862,938,6992,881,787(56,912)(1.94%)February1,197,3231,316,6821,369,7401,536,2521,648,6571,776,8982,185,8762,16 1,4982,360,3560March1,235,2521,378,3001,389,6441,564,2821,549,2751,687,3552,317,6712,256,3142,299,0850April1,462,0961,640,9131,737,9331,926,5511,955,4701,627,5963,029,0902,790,6672,741,0950May1,373,7 101,566,1781,564,1191,762,1191,946,1121,651,9372,768,7432,695,7172,645,6560June1,693,4611,641,6421,751,9361,871,0772,067,9872,291,8422,795,9202,658,9882,838,4680July1,718,4281,776,6531,935,0282,053,9 612,232,3422,368,4952,804,9302,848,6182,982,4620August1,684,7001,746,3711,877,8991,980,9402,121,0512,393,5972,623,9342,777,8892,797,7910September1,563,9501,816,9231,946,6892,019,1982,223,5762,258,489 2,627,9972,908,3222,780,3940October1,618,8211,822,9981,898,0672,005,8362,134,9852,431,9202,648,7483,027,3412,885,9820November1,487,6241,652,1811,768,8171,925,8172,064,5042,317,6852,504,8842,818,2232, 703,2270December1,441,9041,664,9831,856,9891,918,4112,019,8952,178,8152,576,4152,568,7832,549,7050 Total Collections18,209,56819,887,04921,089,13422,642,85624,204,76225,238,48131,499,53432,347,04632 ,522,9202,881,787 Budget Estimate17,628,40018,480,50019,852,10020,881,90022,917,00021,784,00025,200,00030,000,00030,555,00033,709,600Actual over (under) budg581,1681,406,5491,237,0341,760,9561,287,7 623,454,4816,299,5342,347,0461,967,920(30,827,813)Total actual collections as a % of total budget103.30%107.61%106.23%108.43%105.62%115.86%125.00%107.82%106.44%n/a% change in annual total collected4.41%9.21%6.04%7.37%6.90%4.27%24.81%2.69%0.54%n/a% of through January9.83%10.08%10.04%9.95%9.78%10.35%10.38%9.45%9.62%8.55%% of through Januar Chart Reflecting History of Collections through the Month of Januar Page 22 3/7/2024 January Difference 2023 to 2024 January P:\\Finance\\Finance Activity Reports\\Tax Revenue\\Lodging Tax\\2024\\105 hotel motel tax 2024 January 2015201620172018201920202021202220232024$% 2015201620172018201920202021202220232024 collected collected 0 budgetactual total 60,00050,00040,00030,00020,00010,000 ctual over (under) budg31,23716,37435,98066,976143,85197,243(5,563)301,6865,678(859,938) CITY OF SPOKANE VALLEY, WAHotel/Motel Tax Receipts through -Actual for the years 2015 through 2024 ATotal actual collections as a % of total budget105.68%102.82%106.20%111.55%123.98%128.10%99.26%150 .28%100.63%n/a% change in annual total collected5.82%2.60%3.29%5.03%14.97%(40.41%)67.95%21.12%0.44%n/a% of through January4.93%5.50%4.69%4.96%5.31%10.46%3.47%8.13%4.11%4.45%% of January27,09231,88727,21028,75231,86536,20326,00648,75936,96540,0623,0978.38% Total Collections27,09231,88727,21028,75231,86536,20326,00648,75936,96540,0623,0978.38%February27,11127,77326,79528,8783 2,82131,03531,04138,36945,9720March32,99834,33031,60131,90640,07637,39530,53644,48348,8700April50,45552,55152,24257,66459,11724,95944,47687,56185,9780May44,28350,23050,11251,77753,59616,90649,00274,6 1373,1940June56,97555,06060,63762,04873,72128,91066,26286,75888,7830July61,80965,00769,33771,86584,62841,83694,49597,413100,3030August72,69773,70076,97279,36891,63749,772101,171113,078107,0700Septemb er74,05170,30580,17379,66197,53159,116104,494106,013109,5400October49,88055,66056,63161,82677,93250,84492,92478,04884,6430November42,37646,39347,09052,86859,25239,69462,32277,87177,1880December41,510 33,47837,18040,36341,67526,57341,70848,72047,1720 Total Collections581,237596,374615,980646,976743,851443,243744,437901,686905,67840,062 Budget Estimate550,000580,000580,000580,000600,000346,000750 ,000600,000900,000900,000 through January4.66%5.35%4.42%4.44%4.28%8.17%3.49%5.41%4.08%n/a Chart Reflecting History of Collections through the Month of January ) Page 23 0.97% ( 3/7/2024 January ) Difference 2023 to 2024 1,654 ( ) 6 168,12n/a 2,831,874 ( ) 0 39.85% 169,78356,451 ( ) 8 3 10.26% ( 1,580,03 7 2,218,22 6 9.73%69.99% 212,512277,311420,39 1,658,02 ) 99 12.28% 120,80 ( January 7 800,432533,54 3 153,661239,43 P:\\Finance\\Finance Activity Reports\\Tax Revenue\\REET\\2024\\301 and 302 REET for 2024 6 353,8221,007,57 January 8 6.87%5.22%7.68%7.98%4.31%10.63%6.93%10.51%5.66%5.60%4.51%4.44%5.11%6.30%3.62%5.81%4.46%7.53%5.06%n/a 96,141104,44 731,57152.26%117.69%150.38%126.68%119.06%182.90%155.46%139.50%111.88%n/a 2015201620172018201920202021202220232024$% 2015201620172018201920202021202220232024 t e g t e g bud ) collected e yy 0 under collected ( 50,000 450,000400,000350,000300,000250,000200,000150,000100,000 h Januarh Januar gg budgetactual total ctual over CITY OF SPOKANE VALLEY, WA1st and 2nd 1/4% REET Collections throughActual for the years 2015 through 2024 January96,141104,446153,661239,437120,809212,512277,311420,393169,780168,126(1,654)(0.97%) Collected to datFebruary103,50883,583124,514146,892199,209242,927283,644239,226198,1350March165,868220,637282,724310,562193,913203,774497,974543,267278,0830April236,521205,654169,060218,842347,5281 97,928470,818381,096279,9140May165,748192,806202,734646,397263,171258,784380,346521,957371,4590June347,421284,897248,768277,424465,044329,801426,592564,764397,5590July217,375248,899449,654302,941327, 636234,040408,246397,408422,4440August202,525231,200472,420261,626300,312365,838666,6451,059,352248,6680September179,849178,046187,348259,492335,824381,224471,991218,701288,3310October128,833253,0382 07,895584,792225,216381,163440,971386,071253,4820November129,870186,434229,800263,115319,161370,4491,208,216389,073177,2780December157,919164,180278,995288,912235,726479,586685,473458,730271,3180 Total distributed by Spokane County2,131,5782,353,8223,007,5733,800,4323,333,5493,658,0266,218,2275,580,0383,356,451168,126 Budget estimate1,400,0002,000,0002,000,0003,000,0002,800,0002,000,0004,0 00,0004,000,0003,000,0003,000,000ATotal actual collections as a % of total bud% change in annual total collected35.99%10.43%27.77%26.36%% of throu% of throu Chart Reflecting History of Collections through the Month of January P:\\Finance\\Finance Activity Reports\\Debt Capacity\\2024\\debt capacity 2024 CITY OF SPOKANE VALLEY, WA Debt Capacity 2023 Assessed Value for 2024 Property Taxes17,533,706,897 MaximumOutstandingRemaining Deb tas ofDebt% Capacity12/31/2023CapacityUtilized Voted (UTGO)1.00%of assessed value175,337,0690175,337,0690.00% Nonvoted (LTGO)1.50%of assessed value263,005,6039,085,000253,920,6033.45% Voted park2.50%of assessed value438,342,6720438,342,6720.00% Voted utilit y2.50%of assessed value438,342,6720438,342,6720.00% 1,315,028,0169,085,0001,305,943,0160.69% 2014 LTGO Bonds Road <GO Bonds PeriodStreet2016 LTGOGrand EndingCenterPlaceImprovementsTotalBondsTotal 12/1/2014225,000135,000360,0000360,000 Bonds 12/1/2015175,000125,000300,0000300,000 Repaid 12/1/2016185,000130,000315,00075,000390,000 12/1/2017190,000130,000320,000150,000470,000 12/1/2018230,000135,000365,000155,000520,000 12/1/2019255,000140,000395,000160,000555,000 12/1/2020290,000140,000430,000165,000595,000 12/1/2021320,000145,000465,000170,000635,000 12/1/2022350,000150,000500,000175,000675,000 12/1/2023390,000155,000545,000180,000725,000 2,610,0001,385,0003,995,0001,230,0005,225,000 12/1/2024430,0000430,000185,000615,000 12/1/2025465,0000465,000195,000660,000 12/1/2026505,0000505,000200,000705,000 12/1/2027395,0000395,000205,000600,000 12/1/2028300,0000300,000215,000515,000 12/1/2029245,0000245,000220,000465,000 12/1/2030225,0000225,000225,000450,000 Bonds 12/1/2031180,0000180,000235,000415,000 Remaining 12/1/2032130,0000130,000240,000370,000 12/1/2033165,0000165,000250,000415,000 12/1/2034000260,000260,000 12/1/2035000270,000270,000 12/1/2036000280,000280,000 12/1/2037000290,000290,000 12/1/2038000305,000305,000 12/1/2039000315,000315,000 12/1/2040000330,000330,000 12/1/2041000340,000340,000 12/1/2042000355,000355,000 12/1/2043000365,000365,000 12/1/2044000375,000375,000 12/1/2045000390,000390,000 3,040,00003,040,0006,045,0009,085,000 5,650,0001,385,0007,035,0007,275,00014,310,000 Page 24 Page 25 3/7/2024 January Difference 2023 to 2024 January P:\\Finance\\Finance Activity Reports\\Tax Revenue\\MVFT\\2024\\motor vehicle fuel tax collections 2024 January A 2015201620172018201920202021202220232024$% collected 2015201620172018201920202021202220232024 collected budgetactual total 170,000165,000160,000155,000150,000145,000140,000135,000130,000125,000 CITY OF SPOKANE VALLEY, WMotor Fuel (Gas) Tax Collections -For the years 2015 through 2024 January152,598163,918150,654162,359148,530152,686143,576162,156138,984143,2234,2393.05% Collected to date152,598163,918150,654162,359148,530152,686143,576162,156138,984143,2234,2393.05%February145,455163,037164,807175,936181,823170,461150,882156,245168,1370March140,999145,537138,205139,826131,00 9146,280117,784135,183133,0380April157,994167,304168,000168,796144,08090,589141,080160,396161,8890May156,259171,829174,211193,986185,669130,168175,706181,782181,9260June164,872157,737174,838144,30817 5,985128,359156,670162,670165,4760July168,205177,427177,019194,267169,733138,932163,103190,587180,0720August186,277177,567195,780205,438195,107136,633185,516192,966198,2650September174,505194,640184, 342180,874180,605195,550178,022173,143172,0550October161,520166,369163,780158,062162,187160,272161,171142,054152,7430November181,771176,178194,814199,282196,240175,980187,269155,426183,4420December15 3,338152,787154,298148,960155,728119,282149,169147,059141,3910 Total Collections1,943,7932,014,3302,040,7482,072,0942,026,6961,745,1921,909,9481,959,6671,977,418143,223 Budget Estimate1,867,7002,01 3,4002,048,9002,061,1002,039,5001,715,0001,808,7001,904,0002,071,3001,958,900Actual over (under) budg76,093930(8,152)10,994(12,804)30,192101,24855,667(93,882)(1,815,677)Total actual collections as a % of total budget104.07%100.05%99.60%100.53%99.37%101.76%105.60%102.92%95.47%n/a% change in annual total collected3.48%3.63%1.31%1.54%(2.19%)(13.89%)9.44%2.60%0.91%n/a% of through January8.17%8.14%7.35%7.88%7.28%8.90%7.94%8.52%6.71%7.31%% of through January7.85%8.14%7.38%7.84%7.33%8.75%7.52%8.27%7.03%n/a Chart Reflecting History of Collections through the Month of January Page 26 3/7/2024 January Difference 2023 to 2024 January y P:\\Finance\\Finance Activity Reports\\Tax Revenue\\Telephone Tax\\2024\\telephone utility tax collections 2024 January - 6.94%7.78%8.14%6.85%8.54%8.11%(0.03%)8.74%9.25%8.82%7.88%8.80%8.60%7.40%8.73%9.35%(0.03%)8.11%8.12%n/a A 2015201620172018201920202021202220232024$% 4 2015201620172018201920202021202220232024 collected yy 0 collected t 80,00060,00040,00020,000 200,000180,000160,000140,000120,000100,000 budgeactual total ugust185,172171,909150,644148,158127,303112,35185,25182,14675,9120ctual over (under) budg(307,917)(270,692)(107,095)(141,630)(35,848)(202,370)33,91571,639118,868(820,644) CITY OF SPOKANE VALLEY, WTelephone Utility Tax Collections AA% of through Januar Chart Reflecting History of Collections through the Month of Januar For the years 2015 through 202 January177,948182,167162,734130,196136,615123,292(333)81,43979,23979,3561170.15% Collected to date177,948182,167162,734130,196136,615123,292(333)81,43979,23979,3561170 .15%February212,845173,971163,300164,060132,538121,596155,91180,73080,3990March174,738177,209162,536158,416138,727121,938100,56681,03827,4070April214,431171,770157,285146,519126,455120,01683,10981,61 3146,5990May187,856174,512161,506149,434135,704118,01894,86485,28579,1280June187,412170,450156,023150,780129,602117,90585,94963,09481,1630July190,984174,405157,502147,281130,723120,92286,834107,59779 ,3930September183,351170,476155,977141,290128,01891,86687,39190,11486,6630October183,739166,784153,075142,925127,21490,27286,94185,68378,6450November175,235166,823151,208139,209125,02788,21282,79781, 06580,0590December183,472168,832161,115140,102126,22692,24284,63583,83581,2610 Total Collections2,257,1832,069,3081,892,9051,758,3701,564,1521,318,6301,033,9151,003,639975,86879,356 Budget Estimate2,565,1002,340,0002,000,0001,900,0001,600,0001,521,0001,000,000932,000857,000900,000Total actual collections as a % of total budget88.00%88.43%94.65%92.55%97.76%86.69%103.39%107.69% 113.87%n/a% change in annual total collected(8.28%)(8.32%)(8.52%)(7.11%)(11.05%)(15.70%)(21.59%)(2.93%)(2.77%)n/a% of through Januar