2024, 07-16 Study session
AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION FORMAT
Tuesday, July 16, 2024 6:00 p.m.
Remotely via ZOOM Meeting and
In Person at Spokane Valley City Hall, Council Chambers
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Council Requests Please Silence Your Cell Phones During Council Meeting
NOTE: Members of the public may attend Spokane Valley Council meetings in-person at the address
provided above, or via Zoom at the link below. Members of the public will be allowed to comment in-
person or via Zoom as described below. Public comments will only be accepted for those items noted on
If making a comment via Zoom, comments must be received
by 4:00 pm the day of the meeting.
Sign up to Provide Oral Public Comment at the Meeting via Calling-In
Submit Written Public Comment Prior to the Meeting
Join the Zoom WEB Meeting
-------------------------------------------------------------------------------------------------------------------------------
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
PROCLAMATION:
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
comment time before the three-minute mark. To comment via zoom: use the link above for oral or written
comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it
is not required. A sign-in sheet will be provided at the meeting.
ACTION ITEMS:
1. Motion Consideration: Opioid Settlement- Kroger Tony Beattie
\[public comment opportunity\]
NON-ACTION ITEMS:
2. Admin Report: Solid Waste Contract Discussion Bill Helbig
3. Admin Report: Street Vacation STV-2024-0002 Lori Barlow
4. Admin Report: Oversize and Overweight Vehicle Permit Jerremy Clark
5. Admin Report: Grants Pass v. Johnson Update Kelly Konkright
6. Advance Agenda Mayor Haley
Council Agenda July 16, 2024 Page 1 of 2
COUNCIL COMMENTS
CITY MANAGER COMMENTS
ADJOURN
Council Agenda July 16, 2024 Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 16, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: Motion Consideration: Opioid Settlement - Kroger
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 Pharmacy and Manufacturers
Settlement (“Settlement II”); March 21, 2023 approval of Motion Consideration – Participation Form and
Allocation Agreement for Settlement II. August 29, 2023 approval of the Memorandum of Understanding
establishing the Spokane Regional Opioid Abatement Council. April 23, 2024, Johnson & Johnson – Opioid
Settlement information item. April 30, 2024, approval of Motion Consideration: Johnson & Johnson –
Opioid Settlement. July 9, 2024, Administrative Report: Opioid Settlement – Kroger.
BACKGROUND: Over the course of the previous two years, the State of Washington and litigating local
jurisdictions secured settlements against various entities involved in the production, sale, and distribution
of opioids. City Council chose to participate in each of the settlements secured by the State of Washington
against various entities contributing to the opioid crisis, which include the following:
The distributors settlement (“Settlement I”). The City is expected to receive a total of $140,844.29
through 2038, with payments ranging from $5,773 to $9,727.98 per year. To date, the City has
received a total of $19,673.37 from Settlement I.
The pharmacies and manufactures settlement (“Settlement II”). Settlement II provides $217
million to local governments. The City anticipates receiving a total amount similar to Settlement I
over the course of 15 years. The national opioid settlement administrator has yet to provide the
exact breakdown for local governments for Settlement II. To date, the City has received a total of
$28,978.87 as a result of Settlement II. Payment amounts are higher in the first two years given
the structure of the settlement.
The Johnson & Johnson settlement (“Settlement III”), included a one-time payment in mid-June,
which resulted in $37,680.96 to the City.
In total the City has received $86,333.20 from the settlements to date. According to a press release in late
April from the Office of the Attorney General, the total expected funds allocated to the City of Spokane
Valley for all settlements thus far is projected to be $354,164.66 (to be received through approximately
2038).
In addition to the three settlements listed above, the Washington State Attorney General recently announced
a settlement with Kroger (“Settlement IV”). If all eligible cities and counties join, the total amount allocated
to Washington is $47.5 million over 11 years – half of which will be distributed to local governments.
Settlement IV follows the same allocation methodology as the first three settlements, which means that the
total amount received by the City is expected to be approximately $12,000. In order to participate, the City
must return the attached Subdivision Participation and Release Form, and a signed Allocation Agreement
III by August 12, 2024. A link to the Allocation Agreement III and the Kroger Settlement itself are included
in the attachments of this RCA.
All money received from the settlementsmust be spent on opioid abatement related measures. Approved
uses were attached to last week’s administrative report. As stated then, City staff will be coming forward
with an additional item toget direction from City Council on its priorities for the funds.
OPTIONS:(1) Move to participate in the settlement with Kroger and authorize the City Manager or
designee to finalize and execute all required forms; (2) take any other action deemed appropriate.
RECOMMENDED ACTION OR MOTION: I move that the City of Spokane Valley participate in the
settlement with Kroger and authorize the City Manager or designee to finalize and execute all documents
necessary for participation.
BUDGET/FINANCIAL IMPACTS:To date, the City has received a total of $86,333.20 as a result of
settlements I-III. The table below provides a breakdown of the total payments distributed thus far. Please
note that the “Janssen”(i.e. Johnson & Johnson)amount in row two is blank because the State of
Washington secured a separate settlement directly with Janssen as evidenced by row eight.
The City could receive approximately $12,000 from Settlement IVover the course of 11 yearsif City
Council chooses to participate.
STAFF CONTACT:Erik Lamb, Deputy City Manager; Tony Beattie, Senior Deputy City Attorney.
___________________________________________________________________________
ATTACHMENTS:
Subdivision Participation and Release Form
Link to Allocation AgreementIII: Allocation Agreement III.pdf
Link to Kroger Settlement Agreement: Kroger-Multistate-Settlement-Agreement
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
Governmental Entityorder to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated March 22, 2024 Kroger Settlement
authorized official, hereby elects to participate in the Kroger Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Kroger Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein,
and agrees that by executing this Participation and Release Form, the Governmental Entity
elects to participate in the Kroger Settlement and become a Participating Subdivision as
provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form
found at https://nationalopioidsettlement.com/.
3. The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Kroger
Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
as provided in, and for resolving disputes to the extent provided in, the Kroger Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
as provided in, and for resolving disputes to the extent otherwise provided in, the Kroger
Settlement.
7. The Governmental Entity has the right to enforce the Kroger Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Kroger Settlement, including without limitation all provisions of Section
XI (Release), and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in their official
capacity elected or appointed to serve any of the foregoing and any agency, person, or other
entity claiming by or through any of the foregoing, and any other entity identified in the
definition of Releasor, provides for a release to the fullest extent of its authority. As a
Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably
covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or
claimed, or to otherwise seek to establish liability for any Released Claims against any
Released Entity in any forum whatsoever. The releases provided for in the Kroger
Settlement are intended by the Parties to be broad and shall be interpreted so as to give the
Released Entities the broadest possible bar against any liability relating in any way to
Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Kroger Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Kroger Settlement.
10. In connection with the releases provided for in the Kroger Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other
jurisdiction, or principle of common law, which is similar, comparable, or equivalent to
§ 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and
discharges, upon the Effective Date, any and all Released Claims that may exist as of such
date but which Releasors do not know or suspect to exist, whether through ignorance,
oversight, error, negligence or through no fault whatsoever, and which, if known, would
Kroger
Settlement.
K-2
11. Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Kroger Settlement in any respect, the Kroger
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature: ______________________________
Name: ______________________________
Title: ______________________________
Date: ______________________________
K-3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 16, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
informationadmin. reportpending legislationexecutive session
AGENDA ITEM TITLE: AdministrativeReport – FutureSolid Waste Transfer, Transport, and
Disposal Contract (2025 and Beyond)
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
April 23, 2024 - Administrative Report on the Transfer Station, Transport & Disposal
Contract
June 18, 2024 - Administrative Report on the Transfer Station, Transport & Disposal
Contract
BACKGROUND:
On November 16, 2014, the City’s interlocal agreement with the Spokane County Regional Solid
Waste Management System (SCRSWS) 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 services, and
3. Drop-box collection services.
The responsibility for the City to manage its own solid waste program was progressively
assumed primarily through the following key Council actions:
2014: Authorizing 10-year Solid Waste Disposal Contract with Sunshine Disposal and
Recycling, Inc. (Sunshine) 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 Curbside Collection of Garbage, Recyclables and Compostables
(Expires March 31, 2028)
2017: Authorizing 10-year Solid Waste Collection Contract with Sunshine 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)
Transfer, Transport, and Disposal Contract
The 2014 transfer, transport, and disposal contract with Sunshine for operations of the
University Road Solid Waste Transfer Station expires at the end of 2024. The complete
agreement can be found through the City’s website.
Agreement Link:
(https://laserfiche.spokanevalley.org/WebLink/DocView.aspx?id=127242&dbid=0&repo=SpokaneValley)
The City and Sunshine have negotiated an amendment to allow the City to provide notice to
Sunshine of its intent to renew, terminate, or otherwise modify the agreement by August 1, 2024
(rather than July 4, 2024). City Council must identify, and have in place, an option for transfer,
transport, and disposal services beginning January 1, 2025.
As presented at the June 18, 2024, City Council meeting, staff have been evaluating options for
solid waste transfer, transport, and disposal services for 2025 and beyond, with Sunshine
(University Road Solid Waste Transfer Station) and Spokane County Regional Solid Waste
(Sullivan Road Solid Waste Transfer Station), as these are the only providers interested in
providing the service.
Sunshine Disposal and Recycling
The current Transfer Station, Transport, and Disposal Contract is with Sunshine and their
general services 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. Requires City to require its contracted collection
companies to direct solid waste to the Sunshine’s University Road Transfer Station.
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. Disposal fees were set at the beginning of the
agreement and are adjusted annually at an amount equal to 90% of the adjustments to
the Consumer Price Index (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.
Collecting, on behalf of the City, Administrative and Street Wear Fees, and remitting
those funds to the City annually.
Services are provided under identified customer service standards that address things
such as cleanliness of facility, required customer service response requirements, etc.
Spokane County Regional Solid Waste Management System
SCRSWS, which is governed by Spokane County, owns and operates two solid waste transfer
stations, one of which is on Kiernan Avenue just west of Sullivan Road in Spokane Valley.
Historically, the County has contracted operations of the transfer stations to a private company.
Beginning in November 2024, the County will be operating the two SCRSWS transfer stations
internally with County staff. Their operations, and support for the City is intended to include:
Requirement for the City to rejoin the Spokane County Regional Solid Waste
Management System.
Disposal fees associated with solid waste and organic waste disposal at the transfer
station will be developed by the SCRSWS Solid Waste Advisory Committee (SWAC),
with final adoption of fees by the Board of County Commissioners (BoCC). The City
would be given a position on the SWAC.
If approved by the BoCC, annual rate adjustments would be capped at three-year
average of CPI. This would allow the SWAC to recommend, and the BoCC to adopt an
annual adjustment less than the three-year average of CPI if deemed appropriate.
Transfer station operation will be open to the public seven days a week, excluding
holidays.
Acceptance of garbage from the public, the City’s curbside collection contract, and the
City’s two drop box contracts.
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.
Requirement for the City to adopt flow control regulations to direct solid waste generated
in the City to the Spokane County Regional Solid Waste Management System.
Spokane County would be responsible for solid waste management and planning, so
City would no longer be required to maintain a separate solid waste management plan.
Staff have met with each provider several times and have discussed numerous agreement
provisions with them. As part of the information gathering from both Sunshine and the County,
the City developed an informal Request for Information (RFI) that both responded to. The
th
complete responses were provided in the June 18 Council meeting packet, along with a
Summary of Service table for the most pertinent information. The Summary of Service table,
which has had minor modifications and clarifications included, is attached with this packet again
for ease of reference. Additionally, to attempt to provide a side-by-side comparison of transfer
station rates that would be in effect on January 1, 2025, included in the packet is a Transfer
Station Rate Comparison table.
As Council continues to review both providers as options, staff would like to again point out
these identified considerations:
Sunshine Disposal & Recycling Spokane County
Term Sunshine has identified a range of Spokane County has identified an
terms from 3-years to 20-years. Any interlocal term of 5-years, though
term over 5 years will require additional County staff understand that longer
capital improvements. A 3-year or 5-terms may be acceptable. Longer
year term allows City to analyze terms may allow longer depreciation of
capacity and service needs prior to capital costs and lower annual rates.
committing to capital improvements.
Longer terms may allow longer
depreciation of capital costs with lower
annual rates.
NOTE: The current Sunshine contract
does have provisions for 2, 3-year,
extensions.
SunshineDisposal & RecyclingSpokane County
RatesNOTES:NOTES:
(Initial rates
1) These garbage rates do not include
1) The County does not separately
starting January 1,
the state’s 3.6% refuse tax.
collect a refuse tax.
2025)
2) These solid waste rates do not
2) These are current Spokane County
include the City’s Administrative
rates and County staff is
Fee Sunshine collects on our behalf
anticipating no increase from 2024
(Approximately $1.40 per ton).
to 2025. This is presumably due to
the great efficiencies and
3-Year Extension of Existing
economies of scale with the
Contract:
additional volume from the City.
Rates will be established for 2025
based on the algorithm within the
Initial 2025 Rates
existing contract. The following are
Solid Waste (Garbage)
anticipated 2025 rates.
• $125.40 per ton
Solid Waste (Garbage)
• Minimum $17.00 (280 pounds)
• $123.64 per ton
Organics
• Minimum $19.81 (300 pounds)
• $60.50 per ton
Organics
• Minimum $8.00 (280 pounds)
• $67.18 per ton
Environmental Fee
• Minimum $13.40 (300 pounds)
• $3.00 per vehicle
5-Year Contract Term:
Solid Waste (Garbage)
• $127.83 - $128.96 per ton
• Minimum $19.81 (300 pounds)
Organics
• $69.46 - $70.07 per ton
• Minimum $13.40 (300 pounds)
10-Year Contract Term:
Solid Waste (Garbage)
• $129.55 - $131.58 per ton
• Minimum $19.81 (300 pounds)
Organics
• $70.39 - $71.49 per ton
• Minimum $13.40 (300 pounds)
15-Year Contract Term:
Solid Waste (Garbage)
• $129.08 - $131.12 per ton
• Minimum $19.81 (300 pounds)
Organics
• $70.14 - $71.24 per ton
• Minimum $13.40 (300 pounds)
20-Year Contract Term:
Solid Waste (Garbage)
• $128.61 - $130.68 per ton
• Minimum $19.81 (300 pounds)
Organics
• $69.88 - $71.01 per ton
•Minimum $13.40 (300 pounds)
SunshineDisposal & RecyclingSpokane County
Rate Adjustment Identified annual adjustment based on County staff recommendsa cap of no
100% change in CPI that would remain more than the average of three-years of
the same through the term of the CPI, subject to BoCC approval.
agreement. While this provides
certainty, does not provide flexibility to SWAC would meet to discuss and
address large changes in inflation (up make a recommended annual
or down) without additional negotiation adjustment within the cap amount with
by parties. If Sunshine is selected by the final adjustment set by the BoCC.
the Council, staff recommend
considering averaging of multiple years City would have oneposition on the
of CPI to allow certainty while SWAC and so would have a role in
“smoothing” spikes in inflation from making the recommendation to the
year-to-year. BoCC.
Capacity Sunshine has identified the facility can Spokane County has indicated the
meet current demand for all waste facility can meet current demand
types. Sunshine has identified that including additional trips if the City were
capital improvements would be needed to join. Spokane County has identified
onsite to accommodate growth beyond additional land surrounding the facility
five years. Capital costs would be that could be utilized to expand
incorporated into rates.capacity if necessary.
Solid Waste City would remain responsible for solid Spokane County would provide most
Management waste management. This requires staff solid waste management
time and costs to develop and maintain responsibilities, including development
the City’s Solid Waste Management of solid waste management plans,
Planand to manage the Disposal education and outreach, and
contract. Staff costs are paid from the responding to state requirements. City
Administrative Fee collected by staff would still be responsible for
Sunshine on behalf of the City, as managing solid waste collection
provided in the contract. contracts. City would not receive any
Administrative Fee.
Continuity of Sunshine has provided service for Spokane County has not provided
Services nearly 10 years. The City has received services in-house and this will be a new
minimal complaints over that period, operation for the County in that regard.
with most complaints regarding litter on The transfer station has been used by
nearby streets. Sunshine has been Spokane Valley residents prior to the
responsive to all City requests. current Sunshine contract.
Customer Sunshine would have customer service Complaints would be addressed by
Service requirements, but any complaints Spokane County as the primary
escalated would be addressed by City governmental agency providing the
in conjunction with Sunshine. service.
Other The Citycurrently collects an annual Spokane County has staff to apply for
Administrative Fee of $125,000 and a and utilize grants to support solid waste
Right-of-Way Maintenance Fee of $1 services and education within its
per ton for all tonnage over 45,500 tons service area, which would include the
annually through Sunshine. Sunshine City. Currently, the City does not have
collects the fees on the City’s behalf sufficient staff to apply for or manage
and remits them to the City. solid waste-related grants.
OPTIONS: Discussion Only. Staff, along with representatives from Spokane County and
Sunshine will be available to Council for questions and discussion. Council is urged to review
the list of considerations presented to formulate discussion topics with the providers. The
discussion will closely follow the list of considerations.
RECOMMENDED ACTION OR MOTION: Discussion/Information only. No action is required of
Council at this time. Staff will return in late July to seek a motion consideration from Council on
which provider to move forward with in establishing an agreement for service to begin January
1, 2025. The existing contract with Sunshine has three options: 1) Extension of the existing
Sunshine Disposal and Recycling agreement; 2) A new agreement with Sunshine: or 3)
terminate the agreement, which would enable a new interlocal agreement with Spokane County.
This new agreement, whether with Sunshine or the County, will be reviewed and approved by
Council in early Fall 2024.
BUDGET/FINANCIAL IMPACTS: None at this time. Disposal rates are passed on to curbside
waste haulers, drop box haulers, and self-haulers from Spokane Valley through their use of the
appropriate transfer station.
STAFF CONTACT: Bill Helbig, PE, Public Works Director
___________________________________________________________________________
ATTACHMENTS:
Presentation
Summary of Service Table
Transfer Station Rate Comparison Table
Transfer, Transport, and Disposal Agreement
Summary of Service Table
Agreement
Spokane County Regional Solid Waste Management
Agreement Sunshine Disposal and Recycling
System (Spokane County)
Type, Type Type
Duration,
Contract Interlocal Agreement (ILA)
Administration
Duration Options Duration Options
3-year (contract extension), 5-year, 10-year, 15-year, 5 year
20-year
Administration
Administration
County administers disposal agreement
City administers disposal contract
Rates
Spokane County Regional Solid Waste Management
Rates Sunshine Disposal and Recycling
System (Spokane County)
Estimated The following are the proposed initial rates for the Solid Waste (Garbage)
rates effective different possible contract term lengths. The rates would
$125.40 / ton
January 1, then be adjusted each year as a function of the change
Minimum $17.00 (280 pounds)
2025 in the Consumer Price Index (CPI). The weight for
Additional fees minimum charges is 300 pounds or less.
Organics
are described
$60.50 / ton
below.
Solid Waste
Minimum $8.00 (280 pounds)
Organics
(Garbage)
Additional Information
Per ton Per ton
Term Min. Min.
range range The County does not collect a separate 3.6% refuse
tax.
3-year
$123.64 $19.81 $67.18 $13.40
Nonprofit rates for garbage are 65% of the current
(extension)
per ton charge.
$127.83 - $69.46 -
5-year $19.81 $13.40
Special handling rates of $165 per ton are charged
$128.96 $70.07
for unusual material that requires additional handling
processes (such as large animal carcasses).
$129.55 - $70.39 -
10-year $19.81
$13.40
$131.58 $71.49
If City requires mandatory collection, additional
tonnage further increases the economies of scale
$129.08 - $70.14 -
15-year $19.81 $13.40
and positively impacts rates, creating the potential for
$131.12 $71.24
lower rate increases when rate adjustments are
needed.
$128.61 -
$69.88 -
20-year $19.81 $13.40
$130.68 $71.01
Note: These solid waste (garbage) rates do not include
the state’s 3.6% refuse tax.
These solid waste rates do not include the City’s
Administrative fees.
Rate Annual rate adjustment method: Annual rate adjustment method:
Adjustments
Request automatic annual rate adjustment of 100% Annual rate adjustments are based on need and are
of the percentage change in the average CPI for the evaluated by SWAC and enacted by the Board of
12-month period July 1 through June 30. Current County Commissioners.
agreement provides for increases of 90% of CPI.
City would have a position on the SWAC.
Spokane County staff propose future rate
adjustments to be capped at a three-year average
CPI; subject to Board consideration and approval.
Other rate/fee
Charge for credit card use: None Charge for credit card use: Variable (currently
requirements
3.55%)
The current contract with Sunshine contains a City
Administrative Fee ($125,000 per year that goes $3 per vehicle Environmental Programs Charge
towards contract administration and manage solid (EPC) (excluding recycling and HHW free drop off)
waste program) and ROW Maintenance Fee ($1 per
ton for all tonnage over 45,500 tons). Sunshine
collects the fees on behalf of the City and remits
them to the City.
These fees are a rate added to the identified
garbage disposal rates (currently $1.40 per ton).
Page 1 of 3
Transfer, Transport, and Disposal Agreement
Summary of Service Table
Service Details
Note: Unless stated otherwise, information pertains to January 1, 2025, and beyond.
Service Spokane County Regional Solid Waste
Sunshine Disposal and Recycling
Details Management System (Spokane County)
Flow Control City agrees to direct the deposit of garbage (except Pursuant to the Spokane County Flow Control
Construction and Demolition, C&D waste) collected by Ordinance as referenced in the ILA, City agrees to
designated haulers generated within its geographical direct the deposit of garbage (including C&D waste)
boundaries to Sunshine transfer station. generated within its geographical boundaries to the
Spokane County Regional Solid Waste System.
Transfer 2405 N. University Rd. 3941 N Sullivan Road
Station Spokane Valley, WA 99206 Spokane Valley, WA 99216
Location
Transfer Current Station capacity: 130,000 tons/yr Current station capacity: 405,000 tons/yr
Station
Can handle future capacity estimated at 4% annual Can handle future capacity estimated at 4% annual
Capacity:
increase for approximately 7 years. Expansion plans increase.
are underway to increase capacity to 276,000
tons/year.
Anticipated capital expansion costs are incorporated
into rates for 10-year and 20-year options.
Operating
Mon-Fri: 7:00 am - 5:00 pm Mon-Sun: 7:30am – 5:00pm
Hours
Sat-Sun: 7:30 am - 5:00 pm Excluding holidays: New Years' Day, Memorial
Day, Juneteenth, Fourth of July, Labor Day,
Excluding holidays: New Years' Day, Memorial
Thanksgiving Day, and Christmas Day.
Day, Easter, Fourth of July, Labor Day,
Thanksgiving Day, and Christmas Day
Garbage Putrescible and non-putrescible solid and semisolid Putrescible and non-putrescible solid and semisolid
Accepted wastes including, but not limited to, garbage, rubbish, wastes including, but not limited to, garbage, rubbish,
ashes, construction and demolition (C&D). ashes, construction and demolition (C&D)
Final Garbage Sunshine determines the disposal location through its Spokane County’s disposal agreement is with the City
Disposal private transport and disposal contracts. WM’s Adams of Spokane. The current disposal agreement with the
Location County Landfill is current disposal location with other City of Spokane includes disposal at both Spokane’s
sites in consideration. Waste to Energy (WTE) facility and WM’s Adams
County Landfill. This agreement expires in November
2024 and will either be renegotiated, extended, or
terminated.
Recyclables Aluminum drink cans; ferrous metals; corrugated Cardboard; paperboard; mixed paper; textiles and
Accepted cardboard; newspaper; cereal boxes; office paper; books; plastics #1-7 including bottles, tubs and jugs;
magazines and junk mail; tin food cans; plastic bottles aluminum cans; steel cans & scrap metal; glass
labeled #1, 2, 4 and 5; clear, green, brown and blue
bottles and jars (secondary use)
Organics Yard debris and food scraps Yard debris and food scraps
Accepted
Moderate Risk Collected 7 days/week. Collected 7 days/week.
Waste (MRW)/
Items collected: Items collected:
Household
latex paint (accepted for reuse) Any products that may be labeled "danger",
Hazardous
"warning", or "caution"
used vehicle batteries
Waste (HHW)
Aerosol cans
cfl, light bulbs
Accepted
Automotive products (oil, antifreeze, gasoline, etc.)
oil
CFL and fluorescent light bulbs
solvents
Glues/adhesives
garden chemicals
Paints and stains
aerosol cans
Batteries
cleaners
Cleaning products
pesticides
Pool and spa chemicals
herbicides
Herbicides, pesticides
Needles/syringes/sharps
Solvents
Mercury containing products
Propane tanks (no commercial)
Road flares
Special Waste Yes. Tires, Non-refrigerant based appliances, Yes. Tires, white goods, appliances, stumps, large
Accepted refrigerant based appliances (extra fee), electronic animal carcasses, etc.
waste, stumps, etc.
Page 2 of 3
Transfer, Transport, and Disposal Agreement
Summary of Service Table
Service Spokane County Regional Solid Waste
Sunshine Disposal and Recycling
Details Management System (Spokane County)
Customer
Call center location: 920 N Argonne Road, Spokane Call center location: Alternated at transfer stations
Service
Valley, WA
Call center hours: 7am – 5pm, 7 days a week
Call center hours: 8 am to 5 pm Monday through except holidays
Friday
# representatives: 509-477-6800
# of representatives: 7 local representatives
Telephone number: 509-477-6800
Telephone number: 509-924-5678
Avg. time to answer calls: 0-10 minutes, same day
Avg. time to answer calls: Approximately 20 seconds call backs from voicemail messages
After hours phone number: 509-924-5678 After hours phone number: 509-477-6800
Website: sunshinedisposal.com Website: spokanecountysolidwaste.org
Contact email: service@sunshinedisposal.com Contact email: Contact form on website
Are Complaints documented? Yes Are Complaints are documented? Yes
Education and Upon request by the City, Sunshine will assist the City in Spokane County Regional Solid Waste System
Outreach providing solid waste education, including but not limited (SCRSWS) provides education and outreach in various
to education regarding options for recycling, Organics, forms from preschool, K-12, and adult groups. See
and MRW, and other educational outreach efforts . The submittal for full response.
City is responsible for all costs for providing education.
Other
Spokane Valley prepares Solid Waste Management Spokane County prepares Solid Waste Management
Considerations
Plans and operates the Solid Waste Program. Plans (no cost to City) for region or, else, Spokane
Valley can prepare its own plan and add it to the
Supports and is willing to participate in community
County-prepared plan
collection events.
Can provide community collection events for certain
City imposes Administration fees which support City
divertible materials including tires, HHW, and
solid waste programs
organics
Flexibility to assist with waste/organic debris from
Provides an equipment lending library of event
emergency events (e.g., severe windstorms)
recycling collection containers.
Not for profit
Provides grant assistance
Station fees support activities of whole regional
system
Portion of fee goes to landfill closures
County has provided free wind debris drop-off for
residents after severe storm events.
Page 3 of 3
Transfer Station Rate
Comparison Table
Garbage Rate –Per Ton Fee Comparison(Initial Rates Beginning January 1, 2025)
Sunshine, Sunshine,
Spokane County
Base Rate
3-year extension 5-year contract
Service Fee ($/ton) $123.64 $127.83 - $128.96 $125.40
3.6% refuse tax $4.45 $4.60 - $4.64 NA
Subtotal ($/ton) $128.09 $132.43 - $133.60 $125.40
Other Charges
Fee per vehicle N/A N/A $3.00
Admin. Fee ($/ton) * Currently $1.40 Unknown N/A
Credit Card Fee ** N/A N/A 3.55%
Notes
* Sunshine collects, on behalf of the City, an annual administrative fee of $125,000. This fee
is added to the Service Fee to make up the total tipping fee charged. Administrative fee is
currently being applied to the per-ton fee and is calculated by: fee = $125,000/estimated
tonnage for the upcoming year.
** Most “per-ton” customers have accounts with the transfer station operator and do not use
credit cards.
Garbage Rate –Minimum Fee Comparison(Initial Rates Beginning January 1, 2025)
Sunshine, Sunshine,
Spokane County
Base Rate
3-year extension 5-year contract
Service Fee $19.81 $19.81 $17.00
3.6% refuse tax $0.71 $0.71 N/A
Subtotal $20.52 $20.52 $17.00
Other Charges
Fee per vehicle N/A N/A $3.00
Credit Card Fee N/A N/A 3.55%
Page 1 of 2
Transfer Station Rate
Comparison Table
Organics Rate – Per Ton Fee Comparison(Initial Rates Beginning January 1, 2025)
Sunshine, Sunshine,
Base Rate Spokane County
3-year extension 5-year contract
Service Fee ($/ton) $67.18 $69.46 - $70.07 $60.50
3.6% refuse tax $ 2.42 $2.50 - $2.52 N/A
Subtotal ($/ton) $69.60 $71.96 - $72.59 $60.50
Other Charges
Fee per vehicle N/A N/A $3.00
Credit Card Fee * N/A N/A 3.55%
Notes
* Most “per-ton” customers have accounts with the transfer station operator and don’t use
credit cards.
Organics Rate – Minimum Fee Comparison (Initial Rates Beginning January 1, 2025)
Sunshine, Sunshine,
Spokane County
Base Rate
3-year extension 5-year contract
Service Fee $13.40 $13.40 $8.00
3.6% refuse tax $0.48 $0.48 N/A
Subtotal $13.88 $13.88 $8.00
Other Charges
Fee per vehicle N/A N/A $3.00
Credit Card Fee N/A N/A 3.55%
Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 16, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. report pending legislation
AGENDA ITEM TITLE: Administrative Report – STV-2024-0002, street vacation of a 60’X130’
segment of Hutchinson Road and a 40’ X 270’ segment of Riverside Avenue.
GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; Revised Code of
Washington (RCW) 35A.47.020 and chapter 35.79 RCW
PREVIOUS COUNCIL ACTION TAKEN: At the May 7, 2024 City Council meeting, the Council
heard an administrative report; on the May 14, 2024 City Council meeting the public hearing date was set
before the Planning Commission for June 13, 2024.
BACKGROUND:
MacPherson Holdings, LLC and CANUSA Land Holdings Corp. have requested to vacate a portion of
Hutchinson and Riverside as described above. The area to be vacated abuts property owned by
MacPherson Holdings, LLC and CANUSA Land Holdings Corp. Riverside is a 40’ wide segment of road
lying within 120’ of the Argonne and Sprague intersection. The Hutchinson Road segment intersects with
Riverside Avenue with a forced east turn movement. The paved area of both road segments varies in
width from 20’ to 40’. The area does not have curb, gutter or sidewalk and is indistinguishable from the
surrounding commercial parking lot. The total area requested to be vacated is estimated to be 19,092
square feet.
The Hutchinson right-of-way requested to be vacated is adjacent to parcels 45184.9111 and 45184.2263.
The Riverside right-of-way requested to be vacated is adjacent to parcels 45184.9111, 45184.2263 and
45184.9112. MacPherson Holdings, LLC and CANUSA Land Holdings Corp. abut all portions of the
right-of-way requested to be vacated.
The Planning Commission conducted a study session on May 23, 2024, and a public hearing on June 13,
2024. Following public testimony and deliberations, the Planning Commission voted 5-0 (two
Commissioners were absent) to recommend approval of STV-2024-0002. The findings and
recommendations were approved by the Planning Commission on June 27, 2024.
SVMC 22.140.040 provides that City Council must consider the Planning Commission’s findings,
conditions and/or limitations as appropriate to preserve the public use or benefit, the division of the
vacated right-of-way among abutting property owners, and whether to require compensation for the right-
of-way and when it is to be paid.
Division of Vacated Right-of-Way to Abutting Property Owners:
Half width of the right-of-way shall be granted to the adjacent property owners, unless one property
owner provides a signed and notarized document forfeiting the right to acquire the right-of-way after it is
vacated and authorizing it to go to the other property owner. Utility/access easements across the
properties will be required to provide access and maintenance of the existing water, sewer and gas
utilities.
RCA Administrative Report for STV-2024-0002 Page 1 of 2
Compensation for Right-of-Way:
Council adopted Resolution 22-020 to provide a policy on how to require compensation. The table below
provides the analysis conducted consistent with Resolution 22-020 to determine the estimated appraised
value of the vacated property. The actual value will be calculated once the record of survey is prepared.
The applicants fee for the vacated ROW is $41,124.00.
Parcel Number Assessed Value Lot Size in Assessed Value per
1
(2025 Tax Year)Square FeetSquare Foot
45184.9111 $210,410 21,041 $10.00 Parcels adjacent
to Riverside
45184.9112 $ 20,0906,696 $ 3.00
ROW
45184.2263 $235,030 78,342 $ 3.00
45184.9111 $210,40 21,041 $10.00 Parcels adjacent
to Hutchinson
45184.2263 $235,030 78,342 $ 3.00
ROW
Average assessed value per square feet of Riverside ROW $4.38
Square feet of Riverside ROW 10,800
Value of Riverside ROW area of street vacation 10,800 sf x $4.38 = $47,304.00
50% of assessedvalue for Riverside ROW $47,304.00 x 50% = $23,652.00
Average assessed value per square feet of Hutchinson ROW $4.48
Square feet of Hutchinson ROW 7,800
Value of Hutchinson ROW area of street vacation7,800 sf x $4.48 = $34,944.00
50% of assessedvalue for Hutchinson ROW $34,944 x 50% = $17,472
Applicant’s Fee for vacated ROW = $41,124.00
1
Value established by the Spokane County Assessor
OPTIONS: Consensus to proceed with a first ordinance reading as proposed; or take other action
deemed appropriate.
RECOMMENDED ACTION: Consensus to proceed with a first ordinance reading at the July 23, 2024,
Council meeting.
STAFF CONTACT: Lori Barlow, AICP, Senior Planner
___________________________________________________________________________
ATTACHMENTS:
1. PowerPoint Presentation
2. Signed Planning Commission Findings and Recommendations
a. Planning Commission Meeting Minutes: May 23, 2024; To be provided once completed June
13, 2024; and June 27, 2024 minutes.
3. Staff Report and Recommendation to the Planning Commission
4. Resolution 22-020
RCA Administrative Report for STV-2024-0002 Page 2 of 2
Argonne Rd
4
3
2
Process
1
Agency Comments and Conditions
120’
20’
E CONOMIC D EVELOPMENT D EPARTMENT
S TAFF R EPORT AND R ECOMMENDATION TO THE
P LANNING C OMMISSION
F ILE: STV-2024-0002
STAFF REPORTDATE: May 31, 2024
FILE NO: STV-2024-0002
PROPOSAL DESCRIPTION: Street vacation request to vacate a 60’ X 130’ segment of
Hutchinson Road and a 40’ X 270’ segment of Riverside Avenue located north of Sprague Avenue
and east of Argonne Avenue.
STAFF PLANNER: Lori Barlow, AICP, Senior Planner
APPLICANT: MacPherson Holdings, LLC and CANUSA Land Holdings Corp.
PROPERTY OWNER:City of Spokane Valley
PROPOSALLOCATION: The Riverside right-of-way extends 270’ west from the intersection of
Argonne and Riverside, and lies adjacent to parcel #’s 45184.9111, 45184.2263 and 45184.9112;
the Hutchinson right-of-way extends 120 north from the intersection of Hutchinson and Riverside,
and lies adjacent to parcel #’s 45184.9111 and 45184.2263; further located in the SE ¼ of the SE
¼ of Section 18, Township 25 North, Range 44 East, Willamette Meridian, Spokane Valley,
Washington.
A PPROVAL C RITERIA:
1. Chapter 22.140 SVMC – Street Vacations
2. City of Spokane Valley Street Standards
A TTACHMENTS:
Exhibit 1: Vicinity Map
Exhibit 2: Notice of Public Hearing
Exhibit 3: Agency Comments
BACKGROUND:
On May 14, 2024, City Council approved Resolution No. 24-008 to set the public hearing date
with the Planning Commission on June 13, 2024.
MacPherson Holdings, LLC and CANUSA Land Holdings Corp. have requested to vacate a
portion of Hutchinson and Riverside as described above. The area to be vacated abuts property
owned by MacPherson Holdings, LLC and CANUSA Land Holdings Corp. Riverside is a 40’ wide
segment of road lying within 120’ of the Argonne and Sprague intersection. The Hutchinson Road
segment intersects with Riverside Avenue with a forced east turn movement. The paved area of
both road segments varies in width from 20’ to 40’. The area does not have curb, gutter or
Staff Report and Recommendation STV-2024-0002 Page 1 of 10
May 31, 2024
sidewalk and is indistinguishable from the surrounding commercial parking lot. The total area
requested to be vacated is estimated to be 19,092 square feet.
The Hutchinson right-of-way requested to be vacated is adjacent to parcels 45184.9111 and
45184.2263. The Riverside right-of-way requested to be vacated is adjacent to parcels
45184.9111, 45184.2263 and 45184.9112. MacPherson Holdings, LLC and CANUSA Land
Holdings Corp. abut all portions of the right-of-way requested to be vacated.
The right of way was dedicated in 1920 byaneasement from the Railroad to the County (AFN
598045), right of way deed (AFN 590116), and by Order of the Court (Superior Court Judgement
and Decree 61854). Pursuant to RCW 35.79.040 the property within the limits so vacated shall
belong to the abutting property owners one-half each.
The abutting properties are currently developed with automobile related uses (Ultimate Truck and
Hyundai Sales). Properties to the north include commercial and residential uses. Argonne and
Sprague right-of-way lie immediately to the east and south. All properties take access off Argonne
or Hutchinson. Riverside right-of-way is 40’ wide and the paved area is approximately 20’ wide.
Hutchinson right-of-way is 60’ wide, and the paved area is 40’wide. Neither street is built to
Spokane Valley Street Standards (SVSS) for commercial streets. The immediate area is zoned
Corridor Mixed Use (CMU), with areas north of Harrington zoned R-4, Single Family Residential
Urban. Riverside functions as a driveway for Ultimate truck due to the narrow pavement areas and
proximity of the building to the travel way. Water, sewer, electric, gas and cable are located in the
right-of-way and can be adequately preserved with easements.
As part of the submittal requirements,petitions for street vacations are required to provide a
written narrative describing the reasons for the proposed street vacation. MacPherson Holdings has
requested the street vacation for the following reasons:
1. Noncompliant streets
a. The Riverside and Argonne intersection is located 120’ north of the Argonne and
Sprague Intersection. The SVSS intersection spacing requirement for a Principal
Arterial is 660’.
b. The existing pavement width on Riverside is 20’. The SVSS minimum asphalt width
for a local access street is 30’ and 40’ for a local commercial street.
2. Increase safety
a. If the intersection is removed, it will eliminate incoming and outgoing traffic onto a
35-mph principal arterial.
b. If the intersection is removed it will eliminate the risk to pedestrians crossing from the
south side of Riverside to the northside of Riverside. Traffic exiting Argonne onto
Riverside may not see pedestrians crossing and may have little time to react.
3. Theft Prevention
a. The display area and business are separated by Riverside, which allows the public to
pass through. Theft is an issue.
b. If the STV is granted the property owner proposes to fence the area and place gates at
both ends of the vacated streets.
Staff Report and Recommendation STV-2024-0002 Page 2 of 10
May 31, 2024
I. P ROPERTY I NFORMATION
Size and Characteristicsof The area to be vacated is paved right-of-wayand totals
proposed vacation: approximately 19,902 square feet.
Adjacent Comprehensive Plan Corridor Mixed Use(CMU)
Designation:
Adjacent Zoning: Corridor Mixed Use (CMU)
AdjacentLand Use(s): North –Commercial retail and service;
South – Outside sales display/parking;
East – Argonne Road – Principal Arterial;
West –Car sales display/parking
II. S TAFF A NALYSIS OF S TREET V ACATION P ROPOSAL
A. C OMPLIANCE WITH SVMC22.140.030
In its consideration of the proposed vacation of the street, the planning commission shall make its
recommendation to City Council based on the criteria listed below. The criteria are listed in bold
followed by staff findings in regular text.
Findings:
1. Whether a change of use or vacation of the street or alley will better serve the public?
Riverside Avenue intersects with Argonne Road approximately 120’ north of the intersection
of Sprague and Argonne, both principal arterials. SVSS table 7.5 – Minimum Intersection
Spacing for Local Access Streets requires an intersection spacing of 660’. Intersection spacing
is measured from the center of intersection to center of intersection. In this case, from the
center of Riverside Avenue to the center of Sprague Avenue. The width of parcel
#45184.9112, which lies between Riverside Avenue and Sprague Avenue, is approximately
33’. The intersection spacing does not meet the standard. Eliminating the intersection
increases safety while reducing the opportunity for crashes as vehicles exit or enter Argonne.
Riverside Avenue is currently paved approximately 20’ wide with no curb or gutter;
Hutchinson Road is paved in varying widths up to 40’ wide as it extends north toward
Harrington. SVSS table 7.3 Access Street Design Criteria requires the minimum asphalt
width for local access streets to be 30’ wide and 40’ widefor a commercial local access street.
Widening or restoring city streets is considered a capital improvement project. Transportation
improvements funded and scheduled over the next 20 years are listed on the City’s
Transportation Improvement Plan (TIP). Improvements to Riverside Avenue or Hutchinson
Road are not identified on the TIP. The City cannot require the adjacent property owners to
make improvements to the substandard streets unless development is proposed. The paved
widths do not meet the standard and the City has not identified improvements to the streets on
the TIP. Street widths are designed to address accessibility and safety. Eliminating the
intersection at Riverside and Argonne that allows exiting vehicles from an arterial at 35 mph
onto a narrow street increases safety by reducing opportunities to vehicle and pedestrian
conflicts.
2. Whether the street or alley is no longer required for public use or public access?
The portion of Riverside Avenue and Hutchinson Road requested to be vacated are used for
access to the business on the north (Ultimate Truck, owned by MacPherson Holdings) and the
Staff Report and Recommendation STV-2024-0002 Page 3 of 10
May 31, 2024
business on the west (Hyundai, owned by CANUSA Land Holdings). However, the main
access to Ultimate Truck is from Argonne with some exiting customer and delivery traffic
leaving through Hutchinson. Access to Hyundai occurs through a gate on Hutchinson. The
property has additional access through parcel #45184.1946,which abuts Harrington, as well as
informal access across the railroad to the Sprague Store front site on parcel #45184.9186.
The parcel located south of Riverside (Parcel #45184.9112)is currently owned by CANUSA
Land Holdings (Hyundai) but used by Ultimate Truck for display and parking. The parcelhas
33 of frontage on Argonne and 200’ of frontage on Riverside and Sprague. Per the SVSS 7.8.2.b
and c properties are restricted to one access point on arterials, except that when a property has
frontage on two or more streets and spacing requirements cannot be met the driveway approach
shall be located on the street with the lowest classification unless safety considerations dictate.
In this case parcel access would be from Riverside. If Riverside is vacated and the parcel
remains, access would be from Argonne or Sprague. Access from Argonne could not meet the
approach widths requirement noted in SVSS 7.8.5 nor the corner clearance from intersections of
75’ in SVSS 7.8.7.2. Due to the sloped bank between the parcel and improved Sprague access
onto Sprague is not practical.
The applicant has indicated that if the street vacation request is granted that parcel #45184.9112
would be purchased and consolidated with the northern parcel with Ultimate Truck. The
applicant intends to purchase additional property from CANUSA that would allow for the
acquisition of the vacated ROW and all abutting property. This would eliminate the access
problem as once the parcel is combined it would have access from Argonne. In order to preserve
access for CANUSA owned properties, an access easement shall be required.
Water, sewer, gas, electric, and cable lines exist throughout the right-of-way. Each utility
provider has expressed a need for an access and maintenance easement. Their continued service
needs are met if an easement is provided.
3. Whether the substitution of a new and different public way would be more useful to the
public?
There is no substitution being proposed as part of the vacation. The City’s review has
determined there is no need for a new ordifferent public way, but that it would improve public
safety if the street intersection and driveway were removed, and a single driveway were to be
constructed. The street functions as a private access for CANUSA and Ultimate Truck and
currently does not meet street standards or driveway separation standards. Other businesses in
the area have either direct access to Argonne, or direct access to Hutchinson via Main Avenue.
So long as access easements are retained for existing utilities, the public interest is served.
4. Whether conditions may change in the future to provide a greater use or need than
presently exists?
Zoning may allow the parcels to develop more intensely. If the street vacation were granted,
and the abutting properties were consolidated into a single parcel, future development would
have safer access from Argonne Road and/orHutchinson Road.
Staff Report and Recommendation STV-2024-0002 Page 4 of 10
May 31, 2024
Properties to the north have direct access to Hutchinson and/or Argonne Road. Vehicles
traveling to those properties with Hutchinson Road frontage will travel south on Argonne Road,
which is a south one way arterial, and turn right on Main Avenue and then immediately onto
Hutchinson Road. Since Argonne is one way, the vacation of Riverside Avenue will not impact
the driving patterns of persons attempting to access properties on Hutchinson located between
Main and Riverside.
5.Whether objections to the proposed vacation are made by owners of private property
(exclusive of petitioners) abutting the street or alley or other governmental agencies or
members of the general public?
Notice of the public hearing was made by posting written notice on the City’s web page and at
City Hall; publishing notice in the Spokane Valley Herald, posting both ends of the right-of-
way to be vacated, and a direct mailing to property owners adjacent to the proposed vacations.
To date, no objections by the public or governmental agencies have been received.
Conclusions:
The findings confirm criteria set forth in SVMC 22.140.030 have been met.
B. C OMPLIANCE WITH T ITLE 21 SVMC – E NVIRONMENTAL C ONTROLS
The Planning Division has reviewed the proposed project and has determined that the project is
categorically exempt pursuant to WAC 197-11-800(2)(i) and SVMC 21.20.040 from
environmental review under the provisions of the State Environmental Policy Act (SEPA).
III. P UBLIC C OMMENTS
Findings:
No public comments were received following the notice of public hearing posted, emailed, and
mailed on May 24, 2024.
A Notice of Public Hearing sign was posted on May 24, 2024 near the intersection of Riverside
and Argonne and on Hutchinson, at the terminating point of the area proposed to be vacated.
Notices were posted on the City of Spokane Valley web page. The public hearing notice was
mailed to all owners adjacent to the area proposed to be vacated on May 24, 2024. Staff and
agencies were notified of the request on April 24, 2024. Lastly, the notice was published in the
Spokane Valley Herald on May 24, 2024 and May 31, 2024.
Conclusion(s):
The City has met the noticing requirements for street vacations as required in SVMC
22.140.020(F)
IV. A GENCY C OMMENTS
Request for comments from agencies and service providers was sent on April 24, 2024.
Comments were received from the following agencies and are attached as exhibits to this staff
report. Where necessary, comments have been incorporated into the recommended conditions of
approval in Section V.
Staff Report and Recommendation STV-2024-0002 Page 5 of 10
May 31, 2024
AgencyReceived Comments
Comments Dated
City of Spokane Valley Public Works – City Engineer No
City of Spokane Valley Public Works – Development YesMay 2, 2024
Engineering
City of Spokane Valley Public Works – Stormwater YesMay 2, 2024
City of Spokane Valley Public Works - Traffic YesMay 16, 2024
City of Spokane Valley Public Works – Maintenance No
Spokane Valley Fire District No.1YesMay 2, 2024
Spokane County Public Works - Wastewater YesMay 1, 2024
Spokane Regional Health DistrictNo
Spokane Transit AuthorityNo
1
Hutchinson Irrigation District No. 16 YesFeb. 21, 2023
1
Modern Electric and Water Company YesMay 11. 2023
Avista Utilities YesApril 30, 2024
Century Link (Lumen)YesMay 8, 2024
Comcast YesMarch 6, 2024
1
These comments were received with the application materials; no further comments were
received during the noticing.
Findings:
The application was routed to jurisdictional agencies, utilities, and public districts for review and
comment.
Avista has gas service lines in Riverside and Hutchinson, and Electric service lines in Hutchinson;
Lumen, Modern Electric and Water Company, Hutchinson Irrigation District, and Spokane County
Wastewater has facilities, mainlines, or service lines located in Hutchinson right-of-way.
Easements are requested by each agency for the purposes of maintenance and access.
The Fire Department indicated that an approach is required from Argonne Road to a drive aisle on
site that allows through access to Hutchinson Road unless the site is re-addressed with a
Hutchinson address. If the site is re-addressed to a Hutchinson address the intersection of
Hutchinson Road and Harrington Avenue can be utilized as a fire apparatus turnaround and
through access to Argonne Road would not be required. The Fire Department had specific
requirements related to the turnarounds, gates, fencing and Knox products.
COSV Traffic and Development Engineering noted that if the street vacation request were granted
that the Riverside and Argonne intersection should be removed and replaced with continuous
sidewalk, a concrete approach or fencing should be placed across the property line on Hutchison,
south of Harrington, and new dead-end signage installed. The parcels fronting Argonne should be
combined which will limit future development to a single approach.
Other agencies, including City Departments, indicated they had no issue with the street vacation.
Conclusion(s):
Staff Report and Recommendation STV-2024-0002 Page 6 of 10
May 31, 2024
Staff concludes that jurisdictional agencies, utilities, and or public districts have no concerns
regarding the proposed street vacation of the segments of Riverside Avenue and Hutchinson Road
so long as the intersection of Riverside and Argonne is removed and replaced with continuous
sidewalk, the parcels fronting on Argonne are combined and utilize a combined approach, dead
end signage is provided, easements are established and access for emergency vehicles is preserved.
The request has been conditioned accordingly to address the concerns.
V. O VERALL C ONCLUSIONS AND F INDINGS
Staff concludes that STV-2024-0002 as proposed is consistent, or will be made consistent,through
the recommended conditions of approval based on the approval criteria stated herein.
R ECOMMENDATION:
Approve the request to vacate the 40’ X 270’ segment of Riverside Avenue adjacent to parcels
45184.9112, 45184.2263 and 45184.9111, and the 60’ X 130’ segment of Hutchinson Road
adjacent to parcels 45184.9111 and 45184.2263, subject to the following:
1. All conditions of the street vacation (STV-2024-0002) shall be completed within 1 year
following the effective date of approval by the City Council, unless otherwise approved by the
City Manager or designee who may grant a one-time extension of 1 additional year if it is
determined that good faith efforts have been undertaken.
2. The vacated property shall be transferred to the owners of the abutting parcelslocated on
Riverside Avenue (45184.9111, 45184.9112 and 45184.2263) and Hutchinson Road
(45184.9111 and 45184.2263) as shown on the record of survey created and recorded with
Spokane County Auditor’s Office pursuant to condition 15. Such property shall become part of
each abutting parcel. Unless, if one abutting property owner wants the full right-of-way, then a
signed and notarized document from the owner forfeiting the right to acquire the right-of-way
after its vacated and authorizing it to go to the other property owner shall be provided.
3. A boundary line elimination shall be included in the record of survey that results in the
consolidation of parcel #45184.9111 and parcel #45184.9112, such that only one parcel exists at
the intersection of Argonne and Sprague. Alternatively, a shared access easement may be
established for parcel #’s 45184.9111. 45184.9112, and 45184.2263 and recorded with Spokane
County Auditor’s Office. The AFN shall be shown on the record of survey.
4. An access easement shall be established for parcel #45184.2263 and recorded with Spokane
County Auditor’s Officeif the record of survey shows the consolidation of parcel#45184.9111
and #45184-9112. The AFN shall be shown on the record of survey.
5. The adjacent property owner(s) shall purchase from the City the public right of way to be
vacated consistent with Resolution 22-020. The exact cost of purchase shall be determined by
the final square footage of the area to be vacated according to the record of survey.
6. Only one driveway approach shall be permitted at Argonne Road and it shall be located at the
intersection of Riverside Avenue and Argonne Road. The existing curb returns, curb ramps, and
Staff Report and Recommendation STV-2024-0002 Page 7 of 10
May 31, 2024
street signs shall be removed and replaced with Type B curb & gutter per Std. Plan R-102,
sidewalk per Std. Plan R-103, and a 30’ wide driveway approach per Std. Plan R-114. The
driveway approach shall be installed as far north as possible to increase the separation distance
from Sprague Avenue.
7. The existing driveway approach serving 15 N. Argonne Road shall be removed and replaced
with Type B curb & gutter and sidewalk per Std. Plans R-102 and R-103, respectively.
8. Construction within Argonne Road right-of-way shall require a Right-of-Way Permit. A site
plan and traffic control plan for the required improvements shall be submitted for review and
approval prior to permit issuance.
9. An approach from Argonne is required from Argonne Road to a drive aisle on site that allows
for through access to Hutchinson Road
a. Access can be gated as long as the gate is 35’ from the ROW per City of Spokane Valley
standard plan R-150 so a fire truck does not have to park on Argonne Road;
b. Gates require a Knox padlock or Knox key switch for fire department access to existing
building and hydrant “Emergency Access only sign may be placed on gate facing Argonne
Road.
10. At the intersection of Hutchinson Road and Harrington Avenue, a 30”x30” Dead End sign
(MUTCD W14-1) shall be installed mounted on a steel post per Std. Plan R-141.
11. The applicant shall coordinate with Avistaa utility easement for gas and electric services
located in both vacated Riverside Avenue and Hutchinson Road. Easements shall be recorded
and referenced on the final Record of Survey.
12. The applicant shall establish an easement acceptable to Hutchinson Irrigation District for access
and preservation of existing services within the area to be vacated. The location and recording
number shall be shown on the record of survey.
13. The applicant shall establish apublic sewer easement acceptable to Spokane County Public
Works Wastewater System Division for access and preservation of existing services within the
area to be vacated. The location and recording number shall be shown on the record of survey.
14. The applicant shall establish an easement acceptable to Lumen for access and preservation of
existing services within the area to be vacated. The location and recording number shall be
shown on the record of survey.
15. Following the City Council’s passage of the Ordinance approving the street vacation, a record
of survey of the area to be vacated, prepared by a registered surveyor in the State of
Washington, including an exact metes and bounds legal description, and specifying any and all
applicable easements for construction, repair and maintenance of existing and future utilities
and services, shall be completed.
16. All direct and indirect costs of the title transfer of the vacated street from public to private
ownership, including but not limited to, title company charges, copying fees, and recording fees,
Staff Report and Recommendation STV-2024-0002 Page 8 of 10
May 31, 2024
shall be paid by the proponent. The City shall not, and does not, assume any financial
responsibility for any direct or indirect costs for the transfer of title.
17. The Corridor Mixed Use zoning district designation of the properties adjoining the street to be
vacated shall be automatically extended to the center of such vacation, and all area included in
the vacation shall then and henceforth be subject to all regulations of the districts. The adopting
Ordinance shall specify this zoning district extension inclusive of the applicable zoning district
designations.
18. The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk in
the office of the Spokane County Auditor.
19. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title
by the City.
Staff Report and Recommendation STV-2024-0002 Page 9 of 10
May 31, 2024
Exhibit 1 –Vicinity Map
Staff Report and Recommendation STV-2024-0002Page 10of 10
May 31, 2024
Economic Development Department
Planning Division
NOTICE OF PUBLIC HEARING
For Street Vacation
T HE S POKANE V ALLEY P LANNING D IVISION IS SENDING THIS NOTICE OF PUBLIC HEARING TO ALL PROPERTY
OWNERS ABUTTING THE STREET OR ALLEY TO VACATEDBASED ON THE MOST CURRENT RECORDS FROM THE
S POKANE C OUNTY A SSESSOR’S OR T REASURER’S O FFICE.
Hearing Date: Thursday, June 13, 2024, beginning at 6:00 p.m.
The required public hearing for Street Vacation Application STV-2024-0002 shall be conducted before the Spokane Valley
Planning Commission in such manner as provided by law on June 13, 2024, beginning at 6:00 p.m., or as soon thereafter as
practical.
Meeting Details: The hearing will be conducted in person, with the option to attend remotely using web and telephone
conference tools. Join Zoom meeting by computer, smartphone, or tablet. A link to the Zoom meeting will be provided on
the agenda and posted to the City’s webpage: www.spokanevalley.org/planningcommission.
Application/Description of Proposal: A request to vacate a 60’ X 130’ segment of Hutchinson Road, and a 40’ X 270’
segment of Riverside Avenue located north of Sprague Avenue and east of Argonne Avenue. The street segments proposed to
be vacated abut property owned by MacPherson Holdings, LLC and CANUSA Land Holdings Corp.
Applicant #1: Scott MacPherson, 15 N. Argonne Road, Spokane Valley, WA 99212;
Applicant #2: CANUSA Land Holdings, Corp., 8801 E Sprague Avenue, Spokane Valley, WA 99212
Owner(s): City of Spokane Valley
Location of Proposal: Those portions of Riverside Ave. and Hutchinson that are abutting Tax Parcel #: 45184.9111,
45184.9112, and 95184.2263; located west of the intersection E Riverside Avenue and N Argonne Road, further located in the
SE 1/2 of the SE ¼ of Section 18, Township 25 North, Range 44 East Willamette Meridian, Spokane County, Washington.
Environmental Determination: The Planning Division has reviewed the proposal and has determined that the project is
categorically exempt pursuant to WAC 197-11-800 and City of Spokane Valley Municipal Code (SVMC); Title 21
(Environmental Controls) from environmental review under the provisions of the State Environmental Policy Act (SEPA).
Approval Criteria: Chapter 22.140 (Street Vacations) SVMC; Title 21 (Environmental Controls) SVMC; the City of Spokane
Valley Street Standards; the Regional Stormwater Manual; and the Spokane Regional Health District Regulations.
Hearing Process: The Planning Commission will conduct the hearing pursuant to the rules of procedure adopted in Title 18
(Boards and Authorities) SVMC. The Planning Commission holds the public hearing to receive comments and forwards a
recommendation to the City Council for an ordinance adoption.
The public is encouraged to provide comment in person at the hearing, or to submit written comments prior to the hearing by
sending the comments to Lori Barlow, 10210 E Sprague Ave, Spokane Valley, WA 99206, or email to
LBarlow@spokanevalleywa.gov. Written comments will be accepted May 24, 2024 through June 13, 2024. Comments will
need to be submitted no later than 4:00 PM on June 13, 2024 in order for them to be received and prepared for submission into
the record. Comments received will be entered into the record at the Public Hearing. Comments received through US Mail
will be included if they are received prior to the hearing.
All interested persons may testify at the public hearing in person or via the zoom meeting address or phone number. Interested
persons will need to sign up via ZOOM to speak no later than 4:00 p.m. on June 13, 2024 at the ink referenced above. Use the
link to sign up for oral public comments. This is not an opportunity for questions or discussion. Remarks will be limited to
three minutes per person. Written comments and documents may only be submitted prior to the hearing. Any appeal of the
decision will be based on the record established before the Planning Commission, pursuant to Chapter 17.90 (Appeals) SVMC.
Staff Report and Inspection of File: A staff report will be available for inspection seven (7) calendar days before the hearing.
The staff report and application file may be inspected at the City of Spokane Valley Permit Center, located at the City of
Spokane Valley City Hall, 10210 E Sprague Ave, between 8:00 am and 5:00 pm, Monday-Friday, excluding holidays. Copies
of documents will be made available at a reasonable cost. If you have any questions, please contact Lori Barlow, Senior Planner,
Planning Division, at LBarlow@spokanevalleywa.gov
STV-2024-0002Notice of Public Hearing Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 16, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: Administrative Report – Oversize & Overweight Vehicle Load Permit
GOVERNING LEGISLATION: Spokane Valley Municipal Code Chapter 9.30, RCW 46.44.090
PREVIOUS COUNCIL ACTION TAKEN:
None known.
BACKGROUND:
The City has maintained an Oversize Load Permit Fee (currently $84) since December 2021.
Historically, reviews associated with oversize loads on the City transportation network are
completed as a form of Right-of-Way Permit.
Reviews are typically conducted to “approve the route” and require that any oversize load
travelling on state routes have and provide a Washington State Department of Transportation
(WSDOT) permit. The process of approving the route includes evaluating bridges for weight
restrictions, overpasses and traffic signals for height restrictions, road construction areas for
length and width restrictions, and route volumes for time-of-day restrictions. For overweight loads,
this also requires an evaluation completed by a structural engineering consultant to check loading
on the bridges. These costs are then passed on to the applicant.
Other than a general process, there has been no formalized process other than state laws and
codes for governing the use of oversize or overweight loads on the City’s roadway network,
insuring that the structural and operational integrity of the transportation system is maintained.
The proposed oversize load permit code text amendment will formalize and codify the processes
historically completed by staff. Staff reviewed similar sections of municipal code from several
other Washington jurisdictions, as well as the WSDOT process, to develop the proposed
amendment to the Spokane Valley Municipal Code.
Generally, the proposed oversize load permit code will have language regarding:
The definition of an oversize load;
The process for applying and acquiring a permit; and,
Insurance requirements necessary to operate oversize loads within the City.
OPTIONS: Discussion only.
RECOMMENDED ACTION OR MOTION: Seeking Council consensus to bring back a Spokane
Valley Code Text Amendment to codify and implement a formal Oversize Load Permit process.
BUDGET/FINANCIAL IMPACTS: Financial impact would vary by permit. This permit would also
enable staff to continue collecting fees commensurate with costs required to process the permit.
STAFF CONTACT: Jerremy Clark, Traffic Engineering Manager
ATTACHMENTS:
PowerPoint Presentation
AGENDA
What is the impact?
Current “Permitting” Process
Proposed Permitting Process
Proposed Code Language
Proposed Application Information
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 16, 2024 Department Director Approval:
Check all that apply: consentold businesspublic hearing
information admin. report new business
AGENDA ITEM TITLE: Grants Pass v. Johnson Update and Discussion
GOVERNING LEGISLATION: Grants Pass v. Johnson (U.S. Supreme Court Docket No. 23-175);
SVMC 6.05 et seq.; SVMC 7.50 et seq.; and RCW 9A.52.080
PREVIOUS COUNCIL ACTION TAKEN: Receiving reports regarding the status of the U.S. Supreme
Court’s ruling in Grants Pass v. Johnson.
BACKGROUND:
On June 28, 2024, the U.S. Supreme Court issued its decision in the Grants Pass v. Johnson case. In that
case, the City of Grants Pass, Oregon, challenged Ninth Circuit Court of Appeals precedent which held
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that the 8 Amendment of the U.S. Constitution prevents enforcement of public property camping bans in
jurisdictions that do not have enough available shelter beds for all homeless individuals. As Washington is
located within the Ninth Circuit, cities within Washington are bound by the decisions of the Ninth Circuit
on interpretations of the U.S. Constitution.
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The U.S. Supreme Court overruled the Ninth Circuit’s interpretation of the 8 Amendment. Central to the
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ruling is the Court’s determination that the 8 Amendment ban on “cruel and unusual punishment” only
applies to “the method or kind of punishment” a government may impose for violations of criminal
statutes – not whether conduct can be classified as criminal in the first place. Since the ordinance at issue
only criminalizes camping on public property, and does not criminalize someone for merely being
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homeless, the Court held that the ordinance does not violate the 8 Amendment.
As a result of the Court’s decision, enforcement of public property camping bans in Washington no longer
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violate the 8 Amendment if (1) the prescribed penalties themselves do not meet the definition of cruel
and unusual punishment, and (2) the ordinance does not criminalize persons merely for being homeless –
i.e. applies to all individuals engaging in the prohibited conduct regardless of whether or not they are
homeless.
Overview of Trespass and Public Property Camping Regulations.
Generally speaking, “trespass” is defined as being physically present on real property without the
property owner’s permission. Unauthorized camping on City property (i.e. camping on City property
without permission) is just one form of trespass.
The SVMC prohibits trespass generally as well as in specific circumstances. The following table
summarizes pertinent SVMC provisions identifying different forms of trespass:
Code Type of Trespass Type of Penalty
Provision Violation
SVMC Being in a City park after hoursClass 3 Civil $50 fine
6.05.060(L) Infraction
& (R);
6.05.070
SVMC Camping in/on City-owned or City-Misdemeanor Fine up to $1,000
7.50.020 maintained property and/or jail up to 90
days
SVMC Adopts RCW 9A.52.070 –“knowingly Gross Fine up to $5,000
8.30.050 enters or remains unlawfully in a building” Misdemeanor and/or jail up to 364
days
SVMC Adopts RCW 9A.52.080 –“knowingly Misdemeanor Fine up to $1,000
8.30.050 enters or remains unlawfully in or upon and/or jail up to 90
premises of another”, but is not in a building days
SVMC 6.10 Provides mechanism to exclude persons Civil – no jail If the violator continues
et seq. from City property for, among other things, or fine to trespass, they may be
entering City property closed to the general arrested for trespass
public
SVMC 7.50.020: This provision specifically prohibits camping on any City-owned or maintained
property. Enforcement is not limited to City parks. This code makes it a misdemeanor crime to “pitch,
erect or occupy camp facilities” or “to use camp paraphernalia . . . for the purpose of . . . remaining
overnight, or parking a camper, recreational vehicle, trailer, or other vehicles for the purpose of remaining
overnight.” See SVMC 7.50.015.
“Camp facilities” is defined to include, but not be limited to “tents, huts, temporary shelters, campers,
recreational vehicles, or trailers.” RCW 7.50.015. “Camp paraphernalia” is defined as including, but not
limited to “tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.”
Id. Thus, for there to be a violation of SVMC 7.50.020, the violator must be using items that can be
identified as either “camp facilities” or “camp paraphernalia.” If not, then there is no violation of SVMC
7.50.020. For example, sleeping in a car on a City street or sleeping in a City park with a tent would be a
violation, but sleeping under the stars without using any camp facilities/paraphernalia would not.
SVMC 6.05.060(L) & (R): These sections prohibit being in City parks after hours of operation.
City parks are closed between the hours of 9:00pm and 6:00am the following day (except between
October 16 and April 14 when the parks close at 7:00pm). See SVMC 6.05.030.
Given that the violation is only a Class 3 Civil Infraction punishable by a $50 fine, and there are other
provisions that deal specifically with camping, this provision probably will not ordinarily be used as a
basis to prosecute public camping. A potential exception is when a person is “camping” after park hours
but is not using “camp facilities” (i.e. tents, huts, temporary shelters, campers, recreational vehicles, and
trailers) or “camp paraphernalia” (i.e. “tarpaulins, cots, beds, sleeping bags, hammocks or cooking
facilities and similar equipment”). However, if Council’s desired policy is to prosecute such incidents as
misdemeanors, then staff will first need to officially bar the individual from the area using the notice of
trespass procedures in SVMC 6.10 et seq. If the person were to return, then they could be charged for
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misdemeanor 2Degree Trespass.
Technically, being in a City park after hours (not using camping facilities/paraphernalia) also violates
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RCW 9A.52.080 (misdemeanor 2 Degree Trespass – discussed further herein). However, courts are
likely to dismiss such a charge unless a RCW 6.10 et seq. trespass notice was previously served and
subsequently violated. This is because the City has adopted a more specific code provision related to
trespassing at City parks and denoted it as a civil infraction without a SVMC 6.10 et seq. trespass notice
having first been served. Accordingly, if Council wants persons to be charged with misdemeanor crimes
for their first offense of staying overnight in City parks when the offender is not using camping facilities
or paraphernalia, or for simply being in a City park after hours, then Council may want to consider
repealing SVMC 6.05.060(L) and (R).
Similarly, if Council wants persons to be charged with misdemeanor crimes for staying overnight without
using camping facilities/paraphernalia on non-park City property, then Council may want to explore
amending RCW 7.50 et seq. to prohibit camping on public property regardless of whether camping
facilities/paraphernalia are being used. Exploring this option will require additional legal research to
assess viability under applicable law.
SVMC 8.30.050: Per RCW 9A.52.080 (incorporated into the City Code by SVMC 8.30.050), a
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person commits misdemeanor trespass in the 2 degree when he/she “knowingly enters or remains
unlawfully in or upon premises of another” but does not enter a building. A person “enters or remains
unlawfully” upon premises when they are not “licensed, invited, or otherwise privileged to so enter or
remain.” RCW 9A.52.010(2). Thus, if a person knowingly enters or remains on property without a
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license, invitation or privilege, then they have committed 2Degree Trespass.
When “improved and apparently used land” is made open to the public at particular times – such as a City
park – the public does not have a license/privilege to enter/remain on the property at times the land is
closed to the public only “if notice of prohibited times of entry is posted in a conspicuous manner.” RCW
9A.52.010(2). The City posts the park hours of operation at each park. Consequently, the public does not
have a license or privilege to use the park after hours even though they have a license/privilege to use the
park during the posted operational hours.
Notably, when the property is “unimproved and apparently unused land,” persons may enter and remain
on the land unless and until either: (a) the land is fenced or otherwise enclosed in order to exclude
intruders, or (b) notice against trespass is either personally communicated to the person or posted in a
conspicuous manner. RCW 9A.52.010(2). To help ensure successful prosecution under this statute in
connection with camping on unimproved/unused City-owned property, the City should make sure “No
Trespass” or “No Admittance” signs are conspicuously posted on City property that is “unimproved and
apparently unused” and not fenced.
OPTIONS: N/A
RECOMMENDED ACTION OR MOTION: Discussion.
BUDGET/FINANCIAL IMPACTS: N/A
STAFF CONTACT: Kelly E. Konkright, City Attorney
___________________________________________________________________________
ATTACHMENTS: SVMC 6.05 et seq.; SVMC 7.50 et seq.; RCW 9A.52.015; and RCW 9A.52.080
DRAFT
ADVANCE AGENDA
as of July 11, 2024; 3:00 p.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
July 23, 2024 Formal Meeting, 6:00 p.m. \[due Tue July 16\]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Ordinance 24-XX: First Reading - Street Vacation STV-2024-0002 Lori Barlow (10 minutes)
3. Motion Consideration: Solid Waste Contract Bill Helbig (10 minutes)
4. Admin Report: Nation League of Cities Presentation Marci Patterson, Kirk Ross (15 minutes)
rd
5. Admin Report: RFQ for 3 & Carnahan Property Gloria Mantz, Sarah Farr (10 minutes)
6. Admin Report: Council goals & priorities for use of Lodging Tax Sarah Farr (10 minutes)
7. Admin Report: Pavement Preservation, Fund #311 Discussion Chelsie Taylor (10 minutes)
8. Admin Report: SREC Update Erik Lamb (15 minutes)
9. Admin Report: Camera Update Erik Lamb (10 minutes)
10. Advance Agenda Mayor Haley (5 minutes)
11. Info Only: Department Monthly Reports; Fire Dept Monthly Report, ORV Info
\[*estimated meeting: 100 mins\]
July 30, 2024 Study Session, 6:00 p.m. \[due Tue July 23\]
Proclamation: National Night Out
1. Ordinance 24-XX: Second Reading - Street Vacation STV-2024-0002 Lori Barlow (5 minutes)
2. Ordinance 24-XX: First Reading - CTA Oversize & Overweight Vehicle Permit Jerremy Clark (5 minutes)
3. Admin Report: Electric Vehicle Incident Response Discussion Erik Lamb, Ken Johnson (15 minutes)
4. Admin Report: Family Promise Update Eric Robison, Joe Ader (15 minutes)
5. Admin Report: Reclaim Update Sarah Farr, Kenny Carlson (15 minutes)
6. Admin Report: Partners Inland Northwest Update Gloria Mantz, Cal Coblentz (15 minutes)
7. Admin Report: Performing Arts Center Sarah Farr, Marnie Rorholm (15 minutes)
8. Admin Report: City Hall Update Kelly Konkright, Glenn Ritter (10 minutes)
9. Admin Report: Opioid Funding Discussion Erik Lamb (15 minutes)
10 . Advance Agenda Mayor Haley (5 minutes)
\[*estimated meeting: 115 mins\]
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. Ordinance 24-XX: Second Reading - CTA Oversize & Overweight Vehicle Permit Jerremy Clark (5 minutes)
3. Motion Consideration: Bid Award for Trent Access Control Project Erica Amsden (10 minutes)
4. Motion Consideration: Indiana Pavement Preservation Project Erica Amsden (10 minutes)
5. Motion Consideration: Council goals & priorities for use of Lodging Tax Sarah Farr (10 minutes)
6. Admin Report: Whatcom County Visit John Hohman, Lance Beck, Zeke Smith (15 minutes)
7. Admin Report: Spok. Co. Housing & Comm. Dev. 2025-2029 Consolidated Plan Update- G. Mantz (20 minutes)
8. Admin Report: ARPA/CLFR Allocation Update Discussion Sarah Farr (10 minutes)
9. Admin Report: Squatter Rights Review Kelly Konkright (10 minutes)
10. Advance Agenda Mayor Haley (5 minutes)
August 20, 2024 Study Session, 6:00 p.m. \[due Tue Aug 13\]
1. Admin Report: Broadlinc PDA Interlocal Bill Helbig (10 minutes)
2. Admin Report: Park Regulations Update John Bottelli (10 minutes)
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3. Admin Report: Potential Grant Opp.- STA 8 Ave Improvements Adam Jackson (10 minutes)
4. Admin Report: Potential Grant Opp. WSDOT Traffic Analytics - Adam Jackson (10 minutes)
5. Admin Report: Stormwater Capital Utility Plan Adam Jackson (10 minutes)
6. Admin Report: Aquifer Protection Area Report Adam Jackson (10 minutes)
7. Advance Agenda Mayor Haley (5 minutes)
Draft Advance Agenda 7/11/2024 4:14:05 PM Page 1 of 2
August 27, 2024 Formal Meeting, 6:00 p.m. \[due Tue, Aug 20\]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Admin Report 2025 Budget - Estimated Revenues & Expenditures Chelsie Taylor (10 minutes)
3. Motion Consideration: Continuity of Operations Plan (COOP) Adoption Virginia Clough (10 minutes)
4. Advance Agenda Mayor Haley (5 minutes)
5. Info Only: Department Monthly Reports; Fire Dept Monthly Report
September 3, 2024 Study Session, 6:00 p.m. \[due Tue Aug 27\]
1. Admin Report: 2025 State Legislative Agenda Virginia Clough, Briahna Murray (20 minutes)
2. Advance Agenda Mayor Haley (5 minutes)
September 10, 2024 Formal Meeting, 6:00 p.m. \[due Tue Sept 3\]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Advance Agenda Mayor Haley (5 minutes)
September 17, 2024 Study Session, 6:00 p.m. \[due Tue Sept 10\]
1. Public Hearing #1: 2025 Revenues including Property Taxes Chelsie Taylor (20 minutes)
2. Motion Consideration: Set 2025 Budget Hearing for Oct 8 Chelsie Taylor (5 minutes)
3. Motion Consideration: 2025 State Legislative Agenda Virginia Clough, Briahna Murray (10 minutes)
4. Advance Agenda Mayor Haley (5 minutes)
September 24, 2024 Formal Meeting, 6:00 p.m. \[due Tue, Sept 17\]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Admin Report: Proposed Ordinance Adopting 2025 Property Taxes Chelsie Taylor (10 minutes)
3. Advance Agenda Mayor Haley (5 minutes)
4. Info Only: Department Monthly Reports; Fire Dept Monthly Report
October 1, 2024 Study Session, 6:00 p.m. \[due Tue Sept 24\]
1. City Manager Presentation, 2025 Preliminary Budget - John Hohman (20 minutes)
2. Advance Agenda Mayor Haley (5 minutes)
October 8, 2024 Formal Meeting, 6:00 p.m. \[due Tue Oct 1\]
1. Public Hearing #2: 2025 Budget Chelsie Taylor (20 minutes)
2. Ordinance 24-XX: First Reading, Property Tax Chelsie Taylor (10 minutes)
3. Admin Report: 2024 Budget Amendment Chelsie Taylor (10 minutes)
4. Consent Agenda (claims, payroll, minutes) (5 minutes)
5. Advance Agenda Mayor Haley (5 minutes)
October 15, 2024 Study Session, 6:00 p.m. \[due Tue Oct 8\]
1. Advance Agenda Mayor Haley (5 minutes)
October 22, 2024 Formal Meeting, 6:00 p.m. \[due Tue, Oct 15\]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Public Hearing: 2024 Budget Amendment Chelsie Taylor (20 minutes)
3. Ordinance 24-XX: First Reading, 2024 Budget Amendment Chelsie Taylor (10 minutes)
4. Ordinance 24-XX: First Reading, 2025 Budget Chelsie Taylor (10 minutes)
5. Ordinance 24-XX: Second Reading, Property Tax Chelsie Taylor (10 minutes)
6. Advance Agenda Mayor Haley (5 minutes)
7. 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 Purple Heart City Ordinance
9-1-1 calls (delays, holding, etc.) Investment Policy Review SCRAPS
DOT Clean Up Mirabeau Park Forestry Mgmt. Sign Code Review
Electric Scooter Regulations Peer Court
Gang Task Force Update Protection of Utility Infrastructures
Draft Advance Agenda 7/11/2024 4:14:05 PM Page 2 of 2