Loading...
2024, 08-20 study session AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Tuesday, August 20, 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. Resolution 24-012: Governance Manual Update John Hohman \[public comment opportunity\] 2. Motion Consideration: HCDAC Appointment John Hohman \[public comment opportunity\] 3. Motion Consideration: Council goals & priorities for use of Lodging Tax Sarah Farr, Chelsie Taylor \[public comment opportunity\] NON-ACTION ITEMS: 4. Admin Report: Broadlinc PDA Interlocal Bill Helbig, Ariane Schmidt 5. Admin Report: ARPA/CLFR Allocation Update Discussion Sarah Farr 6. Admin Report: Pavement Preservation, Fund #311 Discussion Chelsie Taylor 7. Admin Report: Periodic Update Grants WA Department of Commerce Chaz Bates 8. Advance Agenda Mayor Haley Council Agenda August 20, 2024 Page 1 of 2 COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURN Council Agenda August 20, 2024 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 20, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Resolution 24-012 Repealing and Replacing Governance Manual GOVERNING LEGISLATION: Chapter 42.30 RCW; RCW 35A.12.110; City Council Governance Manual PREVIOUS COUNCIL ACTION TAKEN: Resolution 24-006, adopted Apr. 16, 2024 Resolution 23-014, adopted Dec. 19, 2023. Resolution 23-006, adopted Apr. 18, 2023. Administrative Report on updates to Governance Manual, Aug. 13, 2024 Administrative Report on updates to Governance Manual, Mar. 12, 2024 Administrative Report on updates to Governance Manual, Dec. 12, 2023. BACKGROUND: The City Council has the authority to establish its own rules of procedure, policies, and standards of conduct. Such policies and procedures are identified in the City Council Governance Manual, which is periodically updated. The Governance Manual Committee met on June 11, 2024 and July 18, 2024. The committee reviewed the current manual and developed proposed additions, deletions, and updates to Chapter 1 and Appendix H. Staff presented Council with a red-line draft of the manual on Aug. 13, 2024, and Council recommended two minor edits. The subsequent draft document is in the packet; modified/additional language from the Aug. 13 draft is shown in light blue font. OPTIONS: (1) Approve the Resolution 24-012 with the changes as presented or (2) Direct staff to make additional edits to the manual. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 24-012, repealing and replacing the Governance Manual. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: John Hohman, City Manager ATTACHMENTS: Proposed Amended City of Spokane Valley Governance Manual Chapter 1 & Appendix H Proposed Draft Resolution 24-012 Governance Manual Resolution 03-028 adopted 05-13-2003, replaced by Resolution 04-013 adopted 05-25-2004, replaced by Resolution 05-021 adopted 09-13-2005, replaced by Resolution 06-022 adopted 11-14-2006, replaced by Resolution 07-020 adopted 12-11-2007, replaced by Resolution 09-012 adopted 09-08-2009, replaced by Resolution 10-020 adopted 12-28-2010, replaced by Resolution 12-002 adopted 04-10-2012, replaced by Resolution 13-005 adopted 04-23-2013, replaced by Resolution 14-003 adopted 02-25-2014, replaced by Resolution 15-007 adopted 08-11-2015, replaced by Resolution 16-012 adopted 11-01-2016, replaced by Resolution 18-008 adopted 11-13-2018, replaced by Resolution 18-011 adopted 12-18-2018, replaced by Resolution 20-010 adopted 07-14-2020, replaced by Resolution 22-021 adopted 11-22-2022, replaced by Resolution 23-006 adopted 04-18-2023, replaced by Resolution 23-014 adopted 12-19-2023, replaced by Resolution 24-006 adopted 04-16-2024, replaced by Resolution 24-012 adopted 08-20-2024 City of Spokane Valley | Governance Manual | Table of Contents | August 20, 2024 DRAFT Page 1 of 83 TABLE OF CONTENTS Page INTRODUCTION 3 EXECUTIVE SUMMARY4 CHAPTER 1: COUNCIL MEETINGS7 A.General 8 B.Meetings 8 C.Meeting Rules and Procedures 15 CHAPTER 2: LEGISLATIVE PROCESSES AND PROCEDURES 33 34 B.Filling Council Vacancies 35 C.Legislative Agendas 38 D.Council Travel Allocation 38 E.Council Expense Reimbursement Policy 38 F.Ballot Measures 40 CHAPTER 3: COUNCIL CONTACTS42 A.Citizen Contacts and Interactions 43 44 CHAPTER 4: COMMITTEES, BOARDS AND COMMISSIONS 46 A.Regional Committees, Commissions and Boards 47 B.In-house Committees, Boards, etc.48 C.Private Committees, Boards, Commissions 51 CHAPTER 5: COUNCIL CONDUCT STANDARD AND ENFORCEMENT53 A.Purpose 54 B.Council Conduct Standards 54 C.Compliance Required 54 D.Enforcement Procedure 54 CHAPTER 6: GENERAL CONSIDERATIONS 61 A.Copies 62 B.Out-of-State Travel Policy 62 C.Dress Code Policy 62 D.Volunteers/Legislative Assistants 62 City of Spokane Valley | Governance Manual | Table of Contents | August 20, 2024 DRAFT Page 2 of 83 Page APPENDICES63 A.Public Hearings, Quasi-Judicial 64 B.Resolution 07-019 Core Beliefs 65 C.Statement of Ethics 68 D.Frequently Used Acronyms 70 E.Application for City Councilmember 71 F.Request to Transfer Travel Allocation from One Councilmember to Another 77 78 H.Social Media Policy 80 City of Spokane Valley | Governance Manual | Table of Contents | August 20, 2024 DRAFT Page 3 of 83 INTRODUCTION As Councilmembers of the City of Spokane Valley, we agree that the Governance Manual (Manual) outlines the rules by which we agree to adhere in order to successfully and efficiently conduct city business. Councilmembers agree to: Demonstrate principles of fairness and equal treatment of all people. Exhibit professionalism, respect for all people, respect for the responsibilities of elected office, and courteous treatment for each other, city staff and the public. Recognize the requirement for confidentiality for certain city business such as legal, personnel, negotiations, real estate transactions and other sensitive matters. Acknowledge that the City Council acts as a body. Councilmembers may disagree with a decision of the majority, but they recognize that decisions of the majority obligate the Council to a course of action. Councilmembers in the minority on an issue shall have the privilege of expressing their individual views while maintaining respect for the decision and authority of the majority to establish policy. Recognize that while disagreement between members can occur, Councilmembers understand the importance of cooperation and collaboration on issues. City Council meetings shall be governed by the most recent edition of Robert’s Rules of Order, a copy of which is maintained in the City Clerk Office. However, in the event of a conflict between the Council’s Governance Manual and Robert’s Rules, the Council’s Governance Manual shall prevail. This Manual is designed to provide guidance for the City Council and is not intended to be an amendment or substitute for any state statutes, city ordinances, court decisions, or other authority. The rules and policies in this Manual do not constitute land use regulations, official controls, public hearing rules or other substantive rules binding upon or to be used or relied upon by members of the public, and do not amend statutory or other regulatory requirements. City of Spokane Valley | Governance Manual | Introduction | August 20, 2024 DRAFT Page 4 of 83 EXECUTIVE SUMMARY FOUNDATION The City of Spokane Valley incorporated March 31, 2003, and is a non-charter code city operating under a Council-Manager plan of government as outlined in chapter 35A.13 RCW Optional Municipal Code for Council-Manager plan of government. Under this form of government, there are two branches of government: legislative and administrative. PURPOSE OF CITY GOVERNMENT The general purpose of local government is to promote the social, economic, environmental and cultural well-being of the community, to ensure that resources are used efficiently and effectively, to ensure transparency and accountability in decision-making, and to provide the prudent use and stewardship of local community resources. These statements should be considered the lens through which this Manual is intended and through which the actions of the City Council and staff are viewed. The City recognizes that individual rights are critically important in our society, and the City is committed to not infringe upon those rights whenever possible. Good governance should reflect the will of the citizenry and can only occur as a result of an open public process: “All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.” (Washington State Constitution Article I, Section 1) OBLIGATIONS The City acknowledges the importance of complying with the Open Public Meetings Act and the Public Records Act: “The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.” RCW 42.30.010 and 42.56.030. RCW 42.30.010 Open Public Meetings Act: “The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people’s business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly.” Unless as part of an executive session, Councilmembers shall not meet as a quorum of four or more in a non-public meeting. Unless as part of a duly noted Council meeting, a quorum of four or more Councilmembers shall not meet as part of a web conference dealing with city business, nor a conference call, serial communication, social media or even a “straw poll” in executive session. The Open Public Meetings City of Spokane Valley | Governance Manual | Executive Summary | August 20, 2024 DRAFT Page 5 of 83 Act does not prohibit a quorum or more of Councilmembers meeting at social gatherings or events provided city issues are not discussed. If Councilmembers are involved in a violation of the Open Public Meetings Act, and are aware that their actions violate the Act, they may be personally liable. If the violation is not intentional, the City may still be liable for attorney’s fees. However, elected officials’ right to speak freely and gather publicly is protected by the First Amendment of the U.S. Constitution. This chapter shall be liberally construed and its exemptions RCW 42.56.030 Public Records Act: “ narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern.” PRIORITIES The city’s priorities are public safety, street maintenance, economic development, Housing and Homelessness, Communications, and Infrastructure Improvements. Additional information on priorities and Council goals can be found in each year’s budget. BASIC TENETS Council’s core values and basic tenets of governing can be found in Resolution 07-019, which is included in its entirety in Appendix B on page 47 of this Manual. BRANCHES OF CITY GOVERNMENT The Council is the legislative branch of the city government. Council appoints an officer whose title shall be “city manager” and who shall be the chief executive officer and head of the administrative branch of the City government. “The city manager shall be responsible to the Council for the proper administration of all affairs of the code city.” RCW 35A.13.010. LEGISLATIVE BRANCH – CITY COUNCIL The City Council consists of seven elected officials, each elected to four-year terms. Individual Councilmembers do not have governing power as individuals, but only when meeting as a Council when a quorum (four or more) are present. Council represents the city residents and business owners of the City of Spokane Valley, and is the law-making, policy-making, and budget and spending approval authority of the city government. Council hires, directs, guides and evaluates the performance of the city manager. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the Council (RCW 35A.13.130), or as otherwise agreed to by contract. For functions of the Mayor and Deputy Mayor, see also Chapter 1(A)(3), page 8 of this Manual. Some of the duties, responsibilities, and limitations of each Councilmember: Brings the experience, concerns and knowledge of a typical city resident to city government. Is cognizant of the needs, wants and concerns of city residents and businesses as a whole. City of Spokane Valley | Governance Manual | Executive Summary | August 20, 2024 DRAFT Page 6 of 83 Contacts residents and businesses to gather feedback and ideas. The resulting information may be shared with staff or other Councilmembers individually, or with fewer than two simultaneously (but not serially), or with all Councilmembers at a Council meeting. Studies internal and external written and documented information related to the government and administration of the city. Is prohibited from giving city employees directives, or saying anything that could be taken as an attempt to influence the conduct of the employee’s job. Gives feedback and ideas regarding city government and administration to the city manager. Participates in assigned city and regional committees and all Council meetings. When acting in the capacity of Councilmember outside of Council meetings, communicates that any personal opinion is the opinion of the individual Councilmember and not that of the collective Council, unless pre-authorized to speak, as Council does not want the public to assume that any individual personal opinion represents that of the entire Council. Councilmember’s freedom of speech is protected by the U.S. and Washington State Constitutions. Provided there is no quorum., Councilmembers may work together on City Council-related projects and discuss city business in non-public meetings. No permission is needed, nor is notice required to be given for such gathering. ADMINISTRATIVE BRANCH - CITY MANAGER AND CITY STAFF The city manager is the city’s chief executive officer and head of the administrative branch. The city manager is an at-will position and reports directly to the Council. The city manager is directly accountable to the City Council for the execution of the City Council’s policy directives, for the administration and management of all city departments, and for the supervision of staff. (See Chapter 3(B), page 39 of this Manual and chapter 35A.13.RCW for a description of the role of the city manager.) Although this summary is provided as an overview of the Governance Manual, reading the entire Manual is strongly encouraged. City of Spokane Valley | Governance Manual | Executive Summary | August 20, 2024 DRAFT Page 7 of 83 Page 8 of 83 A. GENERAL 1. Council Meetings - Time and Location The regular meetings of City Council will be held at Spokane Valley City Hall Council Chambers, 10210 E. Sprague Avenue, Spokane Valley, Washington, after notice thereof has been posted on the City’s official website (www.spokanevalleywa.gov) for at least 72 hours. Regardless of location, regular meetings are held on Tuesdays beginning at 6 p.m. Pursuant to RCW 42.30.070: “If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day.” As noted, in such case, the meeting held on the next business day after a holiday would also be a regular meeting, as opposed to a special meeting. The Council always has the option of cancelling such meeting. 2. Council Meetings - Open to the Public All meetings of the City Council and of committees thereof shall be open to the public except as provided for in RCW 42.30.110 (Executive Sessions), or RCW 42.30.140 (Open Public Meetings Act). 3. Presiding Officer The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties unless specifically set forth herein. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by majority vote of the remaining members of the Council, shall act as Mayor during the continuance of the absences \[RCW 35A.13.035\]. The Mayor, Deputy Mayor (in the Mayor’s absence) or Mayor Pro Tem are referred to as “Presiding Officer” from time to time in these Rules of Procedure. B. MEETINGS 1. Regular Meetings: Format A a. Normally held on second and fourth Tuesdays of each month. The city clerk, under the direction of the city manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on the Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting, a copy of the agenda and supporting materials shall be prepared for Councilmembers, the city manager, appropriate staff, and the media who have filed a notification request. b. Requests for presentations from outside entities or individuals to be placed on a future agenda will only be permitted if they are considered the official business of the City. Such requests should be submitted to the city clerk at least 10 days prior to the appropriate Council meeting. The city clerk shall consult with the city manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of videos, DVDs, PowerPoints, or any other digital or electronic presentations shall be pre-screened and pre-approved by the city manager who shall determine the appropriateness of the material. In the event the presenter has no presentation or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the city clerk at least 10 days prior to the appropriate Council meeting. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 9 of 83 c. Forms of Address. The Mayor shall be addressed as “Mayor (surname).” The Deputy Mayor shall be addressed as “Deputy Mayor (surname).” Members of the Council shall be addressed as “Councilmember (surname)” unless waived by the Presiding Officer. d. Order of Business. The business of all regular Format A meetings of the Council shall be transacted as follows, provided however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the “amended agenda.” 1. Call to Order by the Presiding Officer. 2. Invocation. Scheduling religious organization representatives to lead an invocation is solely a volunteer responsibility. The city clerk is in contact with the volunteer coordinator, but the city clerk does not schedule or plan for invocation participants, accept requests from individuals or groups requesting participation in the invocation or monitor or modify the list of participants. 3. Pledge of Allegiance. 4. Roll Call. (See Chapter 1, C5b \[page 19\] for procedure to excuse an absence) 5. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time- sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall then consider a motion to approve the amended agenda. (“Three-Touch Principle” should be followed whenever possible.) It is preferable that any motion to amend the agenda be made at the onset of the meeting in place of ‘Approval of Agenda,’ recognizing that there will emergencies or other situations when such motion to amend the agenda might need to be made at other times during the meeting. 6. Special Guests/Presentations (If applicable). 7. Councilmember Reports. Council or government-related activities (e.g. synopsis of committee, commission, task force, other board meetings, or events). These verbal reports are to be brief, city work-related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the city on a regional board, committee, task force, commission, or event, whether as a formal or informal member. Individual Councilmember reports shall not exceed three minutes. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. 8. Mayor’s Report. Same as 7 above, except given by the Mayor. 9. Proclamation(s). (If applicable) The Mayor will announce the proclamation, announce who has requested this proclamation and after the Mayor or Councilmember reads the proclamation, invite that person or other appropriate person to the podium. The original proclamation will be handed to the appropriate person by the city clerk or the Mayor, and the individual will be permitted to speak no more than two minutes. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 10 of 83 10. Consent Agenda.Items which may be placed on the Consent Agenda are those which have been previously discussed by the Council; can be reviewed by a Councilmember without further explanation; are so routine, technical or nonsubstantive in nature that passage without discussion is likely; or are otherwise deemed in the best interest of the City. The proper Council motion on the Consent Agenda is: “I move approval of the Consent Agenda.” This motion has the effect of moving to approve all items on the Consent Agenda. Prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting, or the matter may be addressed immediately after passage of the remaining items on the Consent Agenda. 11. Action Items. Any member of the public who wishes to verbally address the Council on an action item on the current agenda, shall proceed to the podium at the time when comments from the public are invited during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. The Presiding Officer may also invoke a sign-in procedure. If necessary, the Presiding Officer in consultation with the city manager and/or city attorney shall rule on the appropriateness of verbal public comments as the agenda item is reached. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. Public Hearings fall into the Action Items category. 12. Non-Action Items Reporting information, providing updates, or tracking of administrative issues or topics. The presenter should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer, when it is appropriate, to schedule the topic for a motion or official direction of the Council. 13. Information Only Items. Written reports included in the meeting packet; generally not discussed or reported. 14. General Public Comment. (See Chapter 1, Section C, Subsection 1a-c for procedural details.) 15. Advanced Agenda. 16. City Manager Comments. The purpose of this item is to allow the city manager the opportunity to inform Council on activities or issues which either just arose, needs immediate or imminent action, or to simply inform Council of items that transpired since the last Council meeting, or will occur before the next Council meeting. 17. Executive Session. (as required) 18. Adjournment. No Council meeting should be permitted to continue beyond approximately 9 p.m. without the approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. When a motion is made to adjourn into Executive Session for a specified period of time, and if the executive session is the last item on a regular agenda, no additional motion is needed to extend the meeting beyond 9 p.m. since that is implied as part of the motion to adjourn into Executive Session. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular Council meeting, unless the Council by a majority vote of members present determines otherwise. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 11 of 83 2. Regular Meetings: Format B a. Normally held on the first, third and fifth Tuesdays of each month. The development process is identical to Format A, as outlined in Chapter 1: Section B Subsection 1(a)-(c) above. b. Order of Business. The business of all Format B meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the “amended agenda.” 1. Call to Order by Presiding Officer. 2. Invocation. (See Subsection 1(d)(2) above. 3. Pledge of Allegiance. 4. Roll Call. (See See Chapter 1, C5b \[page 19\] for procedure to excuse an absence) 5. Approval of Agenda/Amended Agenda. See Section 2(d)(5) above. 6. Special Guests/Presentations (If applicable) 7. Proclamation(s). (If applicable) See Subsection 1(d)(9) above. 8. Action items. See Subsection 2(d)(11) above. 9. Non-action items. See Subsection 1(d)(12) above. 10. Information Only Items. See Subsection 1(d)(13) above. 11. General Public Comment. (See Chapter 1, Section C, Subsection 1(a)-(c) for procedural details). 12. Council Comments. The purpose of this item is to allow Councilmembers an opportunity to report on recent activities, issues that require immediate action or to report on topics connected with their role as a Councilmember which have recently transpired. It is also an opportunity to bring up topics for clarification or to address other upcoming concerns. Councilmember comments shall not exceed three minutes. 13. City Manager Comments: See Subsection 1(d)(15) above. 14. Executive Session (If applicable) 15. Adjournment. See Subsection 1(d)(19) above. 3. Executive Sessions a. Executive sessions shall be held pursuant to the Open Public Meetings Act chapter 42.30 RCW. Council may hold an executive session during a regular or special meeting. Before convening in executive session, the Presiding Officer shall ask for a motion from Council to publicly announce the purpose for adjourning into executive session; when the executive session will be concluded; and the likelihood of Council taking action at the close of the executive session and return to open session. i. At the close of the executive session and upon Council’s return to the meeting place, the Presiding Officer will declare Council out of executive session, and ask for the appropriate motion (i.e. an action motion or a motion to adjourn). ii. To protect the best interests of the city, Councilmembers shall keep confidential all verbal and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 12 of 83 information is considered exempt from disclosure under the Code of Ethics for Municipal Officers (RCW 42.52) and/or the Public Records Act (RCW 42.56). b. RCW 42.30.110 explains the purpose for holding an executive session, some of which include: i. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price (pending land acquisition). ii. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. \[The only employee subject to this evaluation is the position of city manager.\] However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public. \[Note: stating that an executive session’s purpose is to discuss a “personnel matter” is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.\] (review qualifications of a public employee) iii. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public (review qualifications of an elected official). iv. RCW 42.30.110(1)(i). To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. For purposes of this subsection (1)(i), “potential/pending litigation” means matters protected by Rules of Professional Conduct (RPC) 1.6 or RCW 5.60.060(2)(a) concerning: (a) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party; (b) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or (c) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. c. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.160 that the public be made aware of the preliminary agendas of meetings in advance of the meeting, but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action on the matter would not be taken at the executive session, it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. \[MRSC Index-General Government-Executive sessions.\] Although amending the agenda is not required in order to adjourn into executive session, it is a good practice for the Mayor to announce at the beginning of the meeting, that Council will be adjourning into an executive session at the end of the regular meeting. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 13 of 83 d. Attendance at Executive Sessions. Attendance shall only be in person. Except in extreme circumstances, there shall be no virtual attendance at an Executive Session. The city attorney or deputy city attorney shall attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session other than the Council, is determined by the city manager. 4. Special Meetings a. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.170, 35A.12.110). Written notice of the special meeting shall be prepared by the city clerk. The notice shall contain information about the meeting, including date, time, place, and business to be transacted and shall be posted on the city’s website and displayed at the main entrance of the meeting location (RCW 42.30.080). The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting (RCW 35A.12.110). The noticing regarding such decision to hold a special meeting (made by the Mayor or any three Councilmembers), shall be handled by the City Clerk’s Office through the city manager. b. The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080, that is: (a) As to any member who, at or prior to the time the meeting convenes, files with the city clerk a written waiver of notice; (b) As to any member who was actually present at the meeting at the time it convenes; and (c) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. c. Agendas shall be drafted in a form submitted by the city clerk, approved by the city manager, and distributed in a manner similar to agendas for Format A and Format B meetings. The processes and rules for agenda content apply to regular Format A, Format B and special meetings. d. Special meeting agendas may include action and non-action items. It is the practice of Council to allow time for the public to comment on action items and the “public comment” should be so noted on the agenda. Once the Special Meeting Agenda has been published and distributed, the agenda may be amended provided the amended agenda is distributed to Councilmembers and to the media, and posted on the city’s website and at the meeting doorway, at least 24 hours in advance of the special meeting. Final disposition shall not be taken on any other matter at such meeting, which means that the governing body may address other matters not identified in the special meeting notice or agenda, provided ‘final disposition’ regarding such matters is not taken (RCW 42.30.080(3)) Council may not pass a franchise ordinance at a special meeting \[RCW 35A.47.040\]. e. There have been questions about whether it is necessary to call a special meeting in situations where Councilmembers are invited to attend a public meeting not called by the City as an official Council meeting, and whether it is legal for a quorum of Councilmembers to be present without violating the Open Meeting Act. According to the Washington State Attorney General Opinion 2006, No. 6, the “presence of a quorum of members of a City or County Council does not, of itself, cause the Open Public Meetings Act to apply if Councilmembers attend a public meeting called by a third party. The gathering of Councilmembers would be a ‘meeting’ for purposes of the Act only if the Councilmembers take ‘action’ as defined in the Act, such as voting, deliberating, or other official business of the Council.” City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 14 of 83 f. There are times when several Councilmembers desire to attend a meeting of a city department, such as a meeting scheduled by the city engineers to discuss a construction project, or a meeting scheduled through the Finance Department to hear a report from the state auditors, or a meeting scheduled by the Parks and Recreation Department to discuss parks or other city business. Because these meetings can at times present questionable concern when it comes to the Open Public Meeting Act, Councilmembers who desire to attend such meetings shall notify the city staff at least two working days prior to the meeting, of their intent to attend, and only the first three Councilmembers who indicate they will be attending any particular meeting, may attend. This is necessary in order not to violate or perceive to violate the Open Public Meetings Act. g. RCW 42.30.070 states in part: “It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular or special meeting provided that they take no action as defined in this chapter.” \[MRSC Research News – Summer, 2016\] A quorum of Councilmembers traveling together for a scheduled tour would not be in violation of the Open Public Meetings Act provided they do not discuss city business. However, comments and discussion as a result of the tour, shall be done at a regular Council meeting and not during the tour or outside of a regular or special Council meeting. 5. Emergency Meetings Emergency Council meetings may be called by the Mayor or any two Councilmembers, consistent with the provisions of chapter 42.30 RCW. Meeting time, location and notice requirements do not apply to emergency meetings called for emergency matters as permitted by RCW 42.30.070, 42.30.080, and 42.14.075: “If, by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by a governing body to meet the emergency, the presiding officer of the governing body may provide for a meeting site other than the regular meeting site and the notice requirement of this chapter shall be suspended during such emergency.” \[RCW 42.30.070\] “The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage.” \[RCW 42.30.080(4)\] “Whenever, due to a natural disaster, an attack or an attack is imminent, it becomes imprudent, inexpedient or impossible to conduct the affairs of a political subdivision at a regular or usual place or places, the governing body of the political subdivision may meet at any place within or without the territorial limits of the political subdivision on the call of the presiding official or any two members of the governing body. After any emergency relocation, the affairs of political subdivisions shall be lawfully conducted at such emergency temporary location or locations for the duration of the emergency.” \[RCW 42.14.075\] 6. Pre-Agenda/Advance Agenda Meetings The city manager, city clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to review the Council agenda of the upcoming meeting, which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impending meeting. This meeting also serves as an opportune time to discuss the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. (see also Agenda Committee under Chapter 4 internal committees) City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 15 of 83 7. Cancellation of Meetings State law does not require any specific procedure for canceling an upcoming meeting, however, notice of the cancellation to the public, Councilmembers, and staff should be given by the clerk in a similar manner to the notice given for a special meeting. The decision to cancel a meeting will be made by the city manager in consultation with the Mayor and/or Agenda Committee and time permitting, will be noted on the Advance Agenda. The noticing of such decision will be handled by the city clerk through the city manager. C. MEETING RULES AND PROCEDURES 1. Public Comments This is an opportunity for public comments regarding issues relating to the operation of the City, but which are not otherwise on the agenda for action. If the Presiding Officer is unclear whether comments relate to the operation of the City, the Presiding Officer shall ask how the comments are pertinent for consideration by the Council as business of the City. Speakers may sign in to speak, but it is not required. Under the general public comment opportunity, each speaker may only make comments once and comments are limited to three minutes unless modified by the Presiding Officer. Members of the public shall be prohibited from allocating any of their own speaking time to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum on issues relating to city business, and not an opportunity for extended comments or dialogue. Although the City Council desires to allow the opportunity for public comment, the business of the city must proceed in an orderly, timely manner. Council meetings are considered a ‘limited public forum’ which means the time, place and manner of speech can be regulated. At any time, the Presiding Officer, at the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption or undue delay of other necessary business. The desired total time for public comments shall not exceed 45 minutes; however, that time limit may change at the Mayor’s discretion. The Council states that it is not the business of the city to have discussion about any past, current, or future possible/probable election or campaign-related issues during Council meetings. The only exception to this prohibition on discussion of election or campaign-related topics would be if the Council requests that Spokane County place a ballot item on for election. (See Chapter 2, F Ballot Measures.) a. Verbal Comments: i. Comments shall only be made from the podium microphone, first giving name, city of residence and subject. No comments shall be made from any other location, and anyone making “out of order” comments shall be subject to removal from the meeting. An exception to this prohibition shall be allowed when public comment is only permitted via remote access due to emergency. The public shall be reminded that this is not an opportunity for dialogue or questions and answers, but public comment. When appropriate, staff shall research issues and report back to those making the comment as well as to Council. Public comments are opportunities for speakers to briefly address the entire Council, and those speaking are to address members of Council and not the audience. Speakers should refrain from personal attacks on individual Councilmembers. In order to prevent disruption of the Council meeting, members of the public are asked to refrain from distributing materials to the audience, since Council meetings are not a public forum to address the audience. Since this is an opportunity for public comment relating to city business, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the city, graphs, charts, posterboards, PowerPoint presentations, or City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 16 of 83 other display materials are not permitted to be displayed or distributed at the place of the meeting, although written comments and written materials including photographs and petitions may be submitted to Council via the city clerk. ii. Demonstration, applause, or other audience participation before, during or at the conclusion of anyone's public comments is prohibited because it is disruptive. Any disruptive conduct, as determined by the Presiding Officer, shall be cause for removal from the meeting room. Any ruling by the Presiding Officer relative to these subsections on public comments may be overruled by a vote of a majority of Councilmembers present. iii. Council shall not permit public comments if they relate to any matter upon which a quasi- judicial hearing has been required, scheduled, or held. iv. Disruptive public conduct: a. Conduct in any form that interferes with Council’s ability to timely conduct the business of the City will not be allowed. If a situation arises where a speaker exceeds the three minutes (unless permitted to continue by the Presiding Officer), is speaking on matters other than city business, or is otherwise disruptive in a manner that interferes with the ability of the Council to conduct the business of the city, the city clerk, with permission of the Mayor, will turn off the microphone, and the Mayor will ask the speaker to please stop talking and step away from the podium. In the case of remote meetings, the speaker will be muted. b. If the speaker continues after the first request, the Mayor will ask the speaker once again to stop talking and will warn the speaker that failure to stop will result in a suspension of their privilege to speak at public comment for 90 days. If the speaker continues, the Mayor will gavel in a five-minute recess. c. Upon return from recess, public comment will start again with a caution from the Mayor that if any other speaker refuses to stop talking after being asked to do so after the three minutes or is otherwise disruptive, the remainder of the public comment for the night will be terminated. d. If necessary, at the discretion of the Presiding Officer, and in an attempt to reasonably calm a situation or resolve a conflict, the law enforcement officer in attendance (or in their absence, the city attorney or deputy city attorney) shall act as a staff liaison with a member of the public who refuses to stop talking and refuses to move away from the podium. b. Written Comments: Citizens have the option of submitting written views, opinions, comments, data, and arguments to Council on any topic and at any time, not just prior to or during public Council meetings. Unless the Mayor asks the clerk to read written mailed or emailed comments, or the citizen reads their own prepared written comments, such comments shall not be read aloud during regular or special Council meetings although they shall be included as part of the public record on the topic and if appropriate, may be publicly acknowledged. Any written comments submitted to Council via the city clerk shall be distributed to Council by placing copies at each Councilmember’s workstation or city desk; or in the case of emailed or other electronic comments, shall be forwarded to Council via email, unless such email has already been supplied to members of Council. If individual Councilmembers receive written (including electronic) public comments or materials for the purpose of reading/sharing those materials during Council meetings, those materials should be submitted to the city clerk prior to the Council meeting so the clerk can make copies for later distribution to members of Council. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 17 of 83 c. Electronic Comments: Councilmembers shall avoid accessing any electronic messages during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns to the entire Council at once. (See also Section C, Subsection 9) 2. Council Rules of Order The city clerk shall serve as the official parliamentarian for all Council meetings and shall keep a copy of the most current “Robert’s Rules of Order” (RONR) at meeting locations during Council meetings. 3. Quorum At all regular and special meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time to time, provided that written notice of said adjournment is posted on the exterior doors of the place where the meeting is held pursuant to RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170, 35A.12.120) 4. Seating Arrangement Councilmembers shall occupy the respective seat in the meeting place assigned to them by the Mayor. 5. Attendance a. Unexcused Absences: A Councilmember’s responsibility to attend Council meetings should not be taken lightly, nor should a decision to remove a Councilmember for missing meetings. Pursuant to RCW 35A.12.060 “a council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council.” As soon as possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Councilmember must request a leave of absence if they desire to remain on the Council. At a third consecutive meeting where a Councilmember is not excused and there has been no request for a leave of absence, the absent Councilmember’s office shall be forfeited effective immediately. b. Excused Absences: Members of Council may be excused from meetings with prior notification to the Mayor, City clerk, or City Manager prior to the meeting, and by stating the reason for the inability to attend. Acceptable absences may include death of a family member, family or personal illness, inclement weather, accident, scheduled vacations, family or personal emergency, city-related business, or unusual or unforeseen circumstances. Following or prior to roll call, the Presiding Officer shall inform the Council of the member’s absence and inquire if there is a motion to excuse the member. The motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused, and the city clerk shall make an appropriate notation in the minutes. c. Leave of Absence: A Councilmember whose serious health or physical condition would prevent them from performing the duties of Councilmember may ask to be placed on a leave of absence under the following conditions: City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 18 of 83 i. Such serious health or physical condition must be certified in writing by a medical physician. ii. The request for a leave of absence shall be in writing, and hand-delivered or mailed to the Mayor, city clerk, or city manager at least one week prior to the date when such leave would commence. iii. The request for a leave of absence must state the anticipated date the Councilmember will resume their duties. iv. By majority vote of the whole Council, a leave of absence shall be granted as follows: a. The absence shall not exceed 90 days from the date the motion is passed by Council. b. The absent Councilmember shall retain pay and medical benefits during the leave of absence. c. At the end of the 90-day leave of absence, the absent Councilmember shall either: i. Return to normal Council duties commencing with the first Tuesday following the end of the 90-day leave; or ii. Be subject to RCW 35A.12.060 concerning three consecutive absences, beginning with the first Tuesday following the end of the 90-day leave. d. A leave of absence may only be granted twice during a Councilmember’s four-year term, with no less than six months between each request. Upon approval of a leave of absence, the absent Councilmember shall not be replaced with a pro-tem Councilmember during the absence. 6. Respect and Decorum It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices, city staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum Councilmembers shall not interrupt or argue with any other member or staff, except in order to make a Point of Order. Councilmembers shall be courteous in their language and deportment, and shall not engage in contemptuous or disorderly behavior. Councilmembers shall not discuss or comment on personalities, make derogatory or accusatory remarks or insinuations with respect to the Presiding Officer, other Councilmembers, staff, or the public. Councilmembers shall, at all times, confine their remarks to those facts that are relevant, as determined by the Presiding Officer, to the question or matter under discussion. Councilmembers shall treat all staff as professionals. Clear, honest communication that respects the abilities, experience, qualifications, and dignity of each individual is expected Councilmembers and the public shall comply with the directives of the Presiding Officer. Any Councilmember making disruptive, disparaging or impertinent remarks, or unreasonably disturbing the business of the Council shall be asked to cease such disruption. Any other person attending a Council meeting who disrupts the meeting in such a fashion that the Council is impaired in its ability to attend to the business of the City, may be asked to leave, or be removed from the meeting. At any time during any Council meeting, any Councilmember may object to personal affront or other inappropriate comments, by calling for a “Point of Order”. After the Councilmember is recognized by the Presiding Officer and the Councilmember explains their point concerning respect and decorum, or lack thereof, the Presiding Officer shall rule on the remark. If the person making the remark is a Councilmember, the Presiding Officer may ask the Councilmember to cease. If the person making the remark is a member of the public, the Presiding Officer shall determine if the remark is actually disruptive, and whether the remark has impaired the ability of the Council to attend to the business of the city. If so, the Presiding Officer shall seek the removal of that person City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 19 of 83 from the meeting. Continued disruptions may result in a recess or adjournment as set forth in #10 below. Councilmembers shall not leave a meeting without being excused by the Presiding Officer, nor shall they encourage or participate in disruptive behavior originating from the public seating areas. 7. Dissents and Protests Any Councilmember shall have the right to express dissent from or protest verbally or in writing, against any motion, ordinance or resolution of the Council and have the reason therefore entered in the minutes. 8. Remote Participation a. Remote Council Meetings: In the event of unusual circumstances such as a pandemic or other health or safety emergency where Council meetings would need to be held in such a manner as to protect the health, safety and welfare of Council, staff and citizens, participation in such meetings shall be done remotely provided an option is available for the public to attend through internet or other electronic means. Council, staff and the public must be able to see and hear the meeting proceedings. At least a quorum of Councilmembers must be able to participate. b. Remote Broadcast: All City Council meetings shall be broadcast live using an online remote meeting platform, such as Zoom, Microsoft Teams, or another similar platform, to allow citizens to attend the meetings remotely. Public comment will be accepted from remote attendees at the appropriate portion(s) of the meeting as defined per the agenda. c. Councilmembers may appear at a Council meeting by remote connection: Any Councilmember intending to attend a meeting remotely should notify the Mayor and city clerk in advance of the meeting, such request shall be for reasons where the Councilmember cannot physically attend the meeting, and should be made only when necessary. Councilmembers’ cameras should remain on for the duration of the remote meeting. If a technical problem prevents such participation where the remote Councilmember cannot hear or be heard, the Councilmember shall be counted as an excused absence and the technical difficulty shall be stated for the record. During any meeting that a Councilmember is attending remotely, the Mayor or Presiding Officer shall so state for the record at the beginning of such meeting. In instances where the Mayor is remotely attending a meeting, the Mayor may still function as the Presiding Officer. More than one member of Council may attend a meeting remotely, provided all together in person and remotely, there is a quorum of Councilmembers attending. 9. Internet Use a. Use of the city’s network systems implies Council is aware of and understands that the system is provided to assist in the performance of their roles as Councilmembers, and as such, Councilmembers are obligated to use, conserve and protect electronic information and information technology resources and to preserve and enhance the integrity of those resources which belong to the citizens of Spokane Valley. b. As noted on Section C, Subsection 1(c), Councilmembers shall avoid accessing any electronic message during Council meetings whether by email, text or other means. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns. Likewise, Councilmembers shall avoid browsing the City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 20 of 83 Internet during Council meetings in order that Council’s full attention can be given to the topic at hand. c. Information technology resources are provided for the purpose of conducting official city business. The use of any of the city’s information technology resources for campaign or political use is prohibited unless it has been determined by the city attorney, Washington state attorney general, or Washington Public Disclosure Commission, that such use is not a violation of RCW 42.17A.555 or is otherwise authorized by law. d. Confidential material shall not be sent via email or text. e. All letters, memoranda and interactive computer communication (email, text, tweet, etc.) involving Councilmembers, the subject of which relates to the conduct of government or the performance of any governmental function, with specific exceptions stated in the Public Records Act (RCW 42.56) are public records. Copies of such letters, memoranda and interactive computer communication shall not be provided to the public or news media without the member of the public or news media filing a public record request with the city clerk. With this in mind, texting and tweeting concerning city business is strongly discouraged. f. Email communications that are intended to be distributed among all Councilmembers, whether concurrently or serially, shall be considered in light of the Open Public Meetings Act. If the intended purpose of an email is to have a discussion that should be held at an open meeting, the electronic discussion should not occur, and Council discussion should wait until everyone has had ample opportunity to view the message before including such topic(s) on an upcoming agenda. 10. Adjournment Due to Emergency or Disruption In the event of an emergency such as a fire or other natural or catastrophic disaster, threatened violence, or inability to regain or retain good order, the Presiding Officer shall forthwith declare a recess, adjourn or continue the meeting, and the City Council as well as everyone in the room shall immediately leave the meeting room and if necessary, leave the building. The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 11. Permission Required to Address the Council Persons other than Councilmembers and staff shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or city manager. 12. Approaching the Dais by Members of the Public Once a Council meeting has been called to order, members of the public are prohibited from stepping between the speaker's podium and the dais, or stepping behind any part of the dais or stepping behind those sections adjacent to the dais. If citizens wish Council to receive materials, those materials should be handed to the city clerk prior to the meeting or during the public comment section of the agenda, and the clerk will distribute the materials to members of Council. Council reserves the right to invite anyone forward to the podium to be addressed by Council. 13. Photographs, Motion Pictures or Videos Requiring Artificial Illumination – Prior Permission Required No overhead projection, photographs, motion pictures or videos shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the city manager. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 21 of 83 14. Placing Items on a Future Agenda a. New Item Council Business: During the Advance Agenda portion of a council agenda, a Councilmember may request to have items placed on a future agenda. Each request shall be treated separately. The city manager is most familiar with staff’s workload and shall determine when the item can be prepared and brought forward to Council, unless the Council wants to discuss the item prior to staff’s involvement. The following process shall be used to propose an item for a future Council meeting: i. A Councilmember may propose an item and give a brief explanation of the issue and its importance to the City. ii. Councilmembers may ask clarifying questions. iii. By a show of hands, a consensus of four or more Councilmembers may move the item forward to a future agenda. b. Except for routine items such as those found on most Consent Agendas, requests for items to come before Council shall be routed through the city manager or come directly from the city manager as part of the normal course of business. 15. Motions and Discussion a. Order of Procedure: i. Member of Council makes a motion by stating: “I move . . .” After the motion is seconded, staff makes their presentation, then the Mayor will ask Council if there are any questions of staff. Once all questions have been addressed, the staff member shall step away from the podium to allow for any public comment. ii. The Mayor will invite public comments. Public comments should be limited to one comment per person per topic and limited to three minutes. The Mayor can remind the public this is time for comments and not discussion; and if the public has questions, those questions shall be addressed by staff at another time outside the meeting. iii. The Mayor will open the floor to Council for discussion. The maker of the motion normally begins the discussion. The discussion must have bearing on whether the pending motion should be adopted (RONR §43); and can be prefaced by a few words of explanation, but must not become a speech (RONR §4). All Council remarks should be addressed through the Mayor. iv. When discussion has ended, the Mayor will re-state the motion or ask the clerk to restate the motion. Once the motion is re-stated, the Mayor will call for the vote, which is normally taken by voice. The Mayor or the clerk will then state whether the motion passed or failed. b. In General: i. Except in rare circumstances, Council motions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent “approval by default” of a failed negative motion. ii. Unless otherwise stated by the Presiding Officer, agenda items requiring Council action shall begin with a motion by a Councilmember prior to discussion. If a motion fails, the agenda item shall be considered concluded. However, said item could be reconsidered if done during the same meeting, or through Council majority vote it could be brought back at a later meeting to “rescind an action,” or to “amend something previously adopted.” (Mayoral appointments excepted. See Chapter 4, page 41 for further discussion on Committees.) City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 22 of 83 iii. Councilmembers should direct questions to the city manager or the designated presenter. iv. Main motions are made when no other motion is pending (see chart below). They are debatable and subject to amendment. Since seconding a motion means “let’s discuss it,” if there is no second but discussion ensues, the matter of having a second to proceed is moot and the motion can proceed. However, if there is no second and no discussion, the motion does not progress. Note that the motion does not “die for a lack of a second” but it merely does not progress. v. The maker of a motion can withdraw their motion with the approval of the majority of Councilmembers (see notes below table below). The person making the motion is entitled to speak first to the motion. A maker of the motion may vote against the motion but cannot speak against their own motion. vi. No Councilmember should be permitted to speak twice to the same issue until all Councilmembers wishing to speak have spoken. All remarks shall be directed to the Presiding Officer and shall be courteous in language and deportment (Robert’s Rules of Order Newly Revised, Article VII, Section 43, Decorum in Debate), keeping in mind it is not the Councilmember, but the measure that is the subject of debate. vii. When an amended motion is on the floor, the vote is taken on whether to adopt the amendment. If adopted, the next vote is on the fully amended motion. viii. Motions should be reserved for items marked on the agenda for action, so as to avoid any surprises for Council, staff and the public. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 23 of 83 Parliamentary Procedure at a Glance Roberts If you want to: You say: May Needs a Can be Can be Vote Rules # interrupt? second? debated? amended? Postpone I move to postpone indefinitely (the indefinitely….(an affirmative 11 purpose is to No Yes Yes No Majority vote can be reconsidered; a prevent action or negative vote cannot) kill an issue) Modify wording of I move to amend the motion 12 No Yes Yes Yes Majority a motion by…… Ex. I move to postpone the Postpone to a 14motion to the next Council No YesYesYesMajority certain time meeting I move the previous question, 16Close debateNoYesNoNoMajority or I call for the question I move to lay on the table, the 17 Table a motion No Yes No No Majority motion to… Complain about Chair 19 noise, room Point of Privilege Yes Yes Yes Yes decision temperature, etc. 20 Take a break I move to recess for… No Yes No Yes Majority 21 Adjourn meeting I move to adjourn No Yes No No Majority Object to Chair 23 procedure or Point of Order Yes No No No decision personal affront I move to suspend the rules 25 Suspend rules No Yes No No Majority and…. Take matter from I move to take from the table 34 No Yes No No Majority the table the motion to… Reconsider I move we reconsider action 35 something already No Yes Yes Yes Majority on… disposed of It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote. If the intended purpose is to postpone, then the motion to postpone should be used. If more information is needed or desired in order to make the most informed vote possible, then an option would be for the maker of the motion to simply withdraw the motion. The consent of the seconder is not needed to withdraw a motion, however, withdrawal of a motion should be done with the approval of a majority of Councilmembers present \[Mayor, I request permission to withdraw my motion. The Mayor asks if there is any objection, and if none, the motion is withdrawn. If there is objection, the Mayor will call for a vote.\] While a motion is still on the table, no other motion on the same subject is in order. The motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. The motion to “Lay on the Table” is out of order if the evident intent is to kill or avoid dealing with a measure. (Robert’s Rules of Order th Newly Revised, 10 Edition) *Robert’s Rules of Order Newly Revised states 2/3 vote required. Council direction is to base vote on majority except on matters where 2/3 (or majority plus one) is required by state statute. ** If the main motion to amend can be amended. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 24 of 83 ***Call for the Question: If it is felt that debate on a motion on the floor has continued longer than warranted, a member of Council may “call for the question.” The “call for the question” is a motion to end debate and vote immediately. If this “call for the question” motion is passed by a majority vote, then the vote must be taken on the original debated motion on the floor. 16. Voting The votes during all meetings of the Council shall be transacted as follows: a. The Presiding Officer shall first call for a vote from those in favor of the motion, followed by a call for those opposed to the motion, and afterwards shall state whether the motion passed or failed. Unless otherwise provided by statute, ordinance or resolution, all votes shall be taken by voice or a show of hands. At the request of any Councilmember or the city clerk, a roll call vote shall be taken by the city clerk. The order of the roll call vote shall be determined by the city clerk. b. Unless otherwise provided by statute, ordinance or resolution, in case of a tie vote on a motion, the motion shall be considered lost. c. Every member who was present when the question was called, shall give his/her vote. If any Councilmember refuses to vote “aye” or “nay,” their vote shall be counted as a “nay” vote unless the Councilmember has recused themself due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand. Abstentions are not permitted as abstentions are equivalent to not voting, and the members of the public expect their elected officials to vote on issues. d. The passage of any ordinance, grant or revocation of franchise or license, and any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the city manager shall require the affirmative vote of at least a majority of the whole membership of the Council (RCW 35A.12.120). Except as provided in “e” below, all other motions or resolutions shall require an affirmative vote of at least a majority of the quorum present. e. Majority Plus One: The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190). 17. Recusal From Discussion and Consideration a. Situations may arise when a Councilmember should consider whether to recuse themselves from the consideration and decision-making on a particular item. These situations can arise in various ways, including having an interest in a contract being considered by the City, or when a Councilmember has a bias in some fashion regarding an issue before the Council. For additional discussion and explanation, please see Appendix C – Spokane Valley Councilmembers’ Statement of Ethics. The overarching goal of the conflict of interest laws is to prevent municipal officers from engaging in self-dealing. Seattle v. State, 100 Wn.2d 232, 246 (1983). \[Self-dealing is defined as a situation in which a fiduciary acts in his own best interest in a transaction rather than in the best interest of his clients. A fiduciary is legally obligated to act in the best interest of his clients. A fiduciary is a person to whom property or power is entrusted for the benefit of another.\] City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 25 of 83 b. Prohibited acts. There are some conflicts which cannot be waived, and some actions in which Councilmembers shall not engage. RCW 42.23.070 prohibits municipal officers from: i. Using “his or her position to secure special privileges or exemptions for himself, herself or others.” ii. Directly or indirectly giving or receiving or agreeing to receive “any compensation, gift, reward or gratuity from a source except the employing municipality, for a matter connected with or related to the officer’s services as such an officer unless otherwise provided for by law.” iii. Accepting employment or engaging in business or professional activity that “the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position.” iv. Disclosing confidential information “gained by reason of the officer’s position, nor may the officer otherwise use such information for his or her personal gain or benefit.” c. Conflict of interest – contracts. In contractual matters, Councilmembers are required to avoid directly benefitting from contracts entered into by the city. When a Councilmember is aware that they may benefit from such a contractual relationship, they are required to recuse themselves. Other situations may arise where a Councilmember may indirectly benefit. In these circumstances, the determination of whether a conflict of interest exists such that they should recuse themselves will have to be made by that Councilmember based on facts and circumstances known at the time. d. Bias for or against a proposed action. There will be situations for each Councilmember where, based upon their current or prior work or personal relationships, that Councilmember may not be able to participate in a discussion and decision on a given issue because they likely can’t be objective. In such an event, the Councilmember must give due consideration to their potential to be predisposed, and whether they believe they can objectively consider and decide on the issue. If the answer is yes, then the Councilmember may proceed. If this self-analysis is difficult as to whether the Councilmember can be objective, but the determination is that they can, the Councilmember should strongly consider disclosing the nature of the potential bias to the Council, and then announce whether they believe they can or cannot proceed. If the Councilmember does not believe they can be reasonably objective, they should recuse themselves from the discussion and consideration. The purpose for recusal under such circumstances is that the Council wants the public to have the utmost confidence that decisions are made objectively, and that all citizens and businesses will be treated equally and fairly. e. Process and Disclosure. When a Councilmember determines recusal is appropriate, or when it is required by law, the Councilmember shall announce that they need to recuse themselves, explain the factual circumstances, then step off the dais and out of the meeting place. A staff member will retrieve the Councilmember once that issue is finished being discussed. The determination of whether to recuse oneself from an issue, and then formally recusing, shall occur before any discussion has taken place on that issue to ensure that Councilmember does not participate in the matter in any fashion. f. The following is an example of appropriate language where recusal is warranted: Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I have known the owners of * business for * years, am friends with them, and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. OR City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 26 of 83 Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I own a business that competes directly with the business at issue and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. g. The following is an example of appropriate language where the Councilmember determines that he/she does not need to recuse themselves from the matter: Following careful analysis and consideration, I think it is appropriate for me to participate in the discussion and decision on this matter. Although I am somewhat familiar with this matter from my prior association with *, I believe I can be objective and unbiased. As such, I will not recuse myself, and will participate with the rest of the Council in the discussion and decision. 18. Ordinances a. Except for unusual circumstances or emergencies, ordinances and resolutions shall customarily be prepared, introduced and proceed in normal fashion with an administrative report, then first and second reading in accordance with the “Three Touch Principle.” Prior to final passage of all ordinances or resolutions, such documents shall be designated as drafts. b. A Councilmember may, in open session, request the city manager bring forth an ordinance for a specific purpose. c. Ordinances shall normally have two separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the city clerk prior to its passage. However, if a Councilmember requests that the entire ordinance or certain sections be read, such request shall be granted. Printed copies shall be available upon request to any person attending a Council meeting. d. The provision requiring two separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. This would require a successful motion to suspend the rules and pass the ordinance on a first reading. e. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost, unless a subsequent motion directs its revision and resubmission to a first reading. f. Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts, incidents, transactions or decisions occurring before such repeal. g. Council may not pass a franchise ordinance at a special meeting \[RCW 35A.47.040\]. h The passage of any ordinance, grant or revocation of franchise or license shall require the affirmative vote of at least a majority of the whole membership of the Council. \[RCW 35A.13.170\] i. The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as a budget amendment (RCW 35A.33.090), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190). City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 27 of 83 j. Occasionally, an ordinance will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on a budget, amended budget, proposed tax, or moratorium, and an ordinance approving that item. When that occurs, after the public hearing has been closed and Council moves to the ordinance action item, public comment shall not be taken on the ordinance since it was just taken as part of the public hearing process. Public comment will also not be taken during the ordinance’s second reading at a subsequent Council meeting. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission; so that when the resulting ordinance comes before Council, public comment will not be taken on either the first or the second reading. 19. Resolutions a. A resolution may be approved on the same day it is introduced. While it is not necessary to have the title of a resolution read aloud, Council may ask the city clerk to read the resolution title in order to facilitate public understanding and/or comment. A Councilmember may request that the entire resolution or certain sections be read, and such request shall be granted and the city clerk shall read as requested. Printed copies shall be made available upon request to any person attending a Council meeting. b. The passage of any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the city manager shall require the affirmative vote of at least a majority of the whole membership of the Council. c. Occasionally, a resolution will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on an amended Transportation Improvement Program, and a Resolution approving that amendment. When that occurs, after the public hearing has been closed and Council moves to the resolution action item, public comment shall not be taken on the resolution since it was just taken as part of the public hearing process. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission, which would result in a resolution for Council consideration. 20. Community Recognition Program a. In an effort to acknowledge outstanding citizens, businesses and organizations who have made a significant contribution, or have had or continue to have, a positive impact on the citizens of our community, the Council has implemented a Community Recognition Program. b. Eligibility: Must be a citizen/resident or an owner/operator of a business within Spokane Valley City limits. City of Spokane Valley elected officials, staff members and their relatives are not eligible for nomination, however, they may submit nominations. There is no limit to the number of nominations one may submit. c. Selection: will be made by the Mayor with confirmation by the Council. If selected, recognition will take place at a City Council meeting and depending upon the nature of the nomination, the honoree will be presented with a proclamation, certificate of appreciation, and/or a key to the city. d. Process: Nominations shall be submitted on a Community Recognition Form, addressed to the city clerk, and may be made at any time. e. Selection of these recipient(s) will be held during a Council meeting, under the Agenda Item of Special Guests/Presentations. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 28 of 83 21. Proclamations a. Ceremonial proclamations not associated with the Community Recognition Program. i. These proclamations are not statements of policy but are a means by which the City can recognize an event, group or individual. As part of the ceremonial duties of the Mayor, the Mayor is charged with approval of proclamations at his/her discretion; and reserves the right to decline any proclamation request as well as the right to make exceptions to these guidelines and procedures. Individual Councilmembers will not issue proclamations, and requests for a proclamation should be directed to the Mayor or the city clerk. ii. Proclamations will be considered for approval which will proclaim certain events or causes when such proclamation positively impacts the community and conveys an affirmative message to Spokane Valley residents. Proclamations will not be considered which are potentially controversial, political or religious in nature, unless approved by the majority of Councilmembers. iii. Proclamations can be issued at the discretion of the Mayor, and may be for organizations, individuals, or businesses within or outside Spokane Valley’s jurisdiction. b. Procedure for proclamations to be read at a Council Meeting: i. The person making the request need not be a Spokane Valley resident. ii. Requests should be made at least four weeks in advance of the scheduled Council meeting. iii. The person asking for the proclamation should agree to be in attendance or have someone attend in their stead. iv. The city clerk will inform the requestor whether the proclamation request is approved. v. The person making the request shall draft the proclamation and send it to the city clerk once approval is given. vi. The city retains the right to modify and/or edit the proposed proclamation as it sees fit vii. It is the Council’s preference to have proclamations read at Format A meetings, which are generally held the second and fourth Tuesdays; however, proclamations may be read at Format B meetings due to scheduling conflicts. c. For those instances where proclamations are requested for events other than to be read at an open Council meeting, the same procedure as above shall be followed, but instead of having someone at a Council meeting to officially receive the proclamation, the city clerk will mail the proclamation to the requestor, or it can be hand-carried by the Councilmember attending the event to read the proclamation. d. Reading of these proclamations will take place at a Format A Council meeting. 22. Taxes: Increasing or Imposing New Taxes The Council strongly believes in fiscal restraint, and that increasing the tax burden on its property owners and citizens by increasing or imposing new taxes should be avoided except as a last resort. In addition to complying with all applicable statutory requirements, increasing or imposing new taxes should only be done as follows: City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 29 of 83 a. As requested by the City Council, the City Manager in consultation with the finance director, shall notify the city clerk of Council’s desire for a proposed ordinance, and ask the city attorney to prepare a draft ordinance. b. Within 14 days following notice to the city clerk, the city clerk shall publish a notice of public hearing once a week for two consecutive weeks in the official newspaper of the City, stating: i. The date, time and place of Council’s public hearing. ii. The purpose of the hearing: that a tax increase or new tax has been proposed. iii. That a copy of the proposed draft ordinance shall be furnished to any City taxpayer who requests it; and iv. That any city taxpayer may appear and provide verbal or written comment for or against the proposed draft ordinance. c. Preceding such public hearing, staff will provide an administrative report to Council describing the financial deficit and need for the increased or new tax; and if Council concurs and after the public hearing, the proposed draft ordinance shall proceed as follows: i. Proceed with a first reading of the proposed draft ordinance. (same or different meeting as the public hearing) ii. Second reading of the proposed draft ordinance at a subsequent meeting. d. Approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the whole Council. 23. Hearings \[note: See Appendix A, for quasi-judicial hearings\] a. Purpose i. Held to obtain public input on legislative decisions on matters of policy. ii. Are required by state law in such matters as comprehensive plan use plans, or annual budget. iii. Do not involve legal rights of specific private parties in a contested setting. iv. Affect a wide range of citizens or perhaps the entire jurisdiction. v. Decisions reached as a result of these hearings are not second-guessed by the courts, and if challenged, are reviewed only to determine if they are constitutional or violate state law. b. Process i. State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they desire. Individual comments shall be limited to a specific amount of time as determined by the Presiding Officer, and the public should be advised that comments must relate to the matter at hand. The “ground rules” for the conduct of the hearing may be stated by the Presiding Officer at the beginning of the hearing: a. All public comments shall be made from the speaker’s podium, shall be directed to the Mayor and Council, and any individual making comments shall first give their name and city of residence. Speakers may be asked to spell their last name for the record. b. No comments shall be made from any other location, and anyone making “out of order” comments shall be subject to removal from the meeting. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 30 of 83 c. Unless otherwise determined by the Presiding Officer, all public comments shall be limited to three minutes per speaker and members of the public are not permitted to give any of their own speaking time to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum, and not an opportunity for extended comments or dialogue. d. At the discretion of the Presiding Officer, members of the public shall only speak once per issue. e. There shall be no demonstrations, applause or other audience participation, before, during or at the conclusion of anyone’s presentation. Such expressions are disruptive and take time away from the speakers. f. Unless read and/or handed in by the individual speaker during the public hearing, previously received written public comments shall be read by the city clerk at the pleasure of the Mayor. In the interest of time, the Mayor may limit the reading of such comments to the clerk reading who the letter or written material is from, and if easily discernible, whether that person is for or against the issue at hand. All written comments become an official part of the record. g. These rules are intended to promote an orderly system of holding a public hearing, to give people an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. ii. The Presiding Officer declares that the public hearing on the topic at hand is open, notes the time for such opening, and asks staff to make their presentation. iii. After staff presentations, the Presiding Officer calls for public comments. iv. The Presiding Officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions, the appropriate individual shall be recalled to the podium. v. The Presiding Officer declares the public hearing closed and notes the time for such closing. 24. Reconsideration a. The purpose of reconsidering a vote is to permit change or correction of an erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. Any action of the Council, including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except: i. any action previously reconsidered; ii. motions to adjourn or motions to suspend the rules; iii. an affirmative vote to lay an item on, or take an item from, the table; iv. previously passed motion to suspend the rules; or v. a vote electing to office one who is present and does not decline. b. Such motion for reconsideration: i. Shall be reconsidered during the same Council meeting; City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 31 of 83 ii. Shall be called up when no business is pending (no action is pending); iii. If action is pending, the Mayor asks the clerk to note that the motion to reconsider has been made and shall be taken up when a member calls the motion to reconsider the vote when no other business (action ) is pending; iv. Shall be made by a member who voted on the prevailing side on the original motion. This means a reconsideration can be moved only by one who voted aye if the motion involved was adopted, or no if the motion was lost. It is permissible for a Councilmember who cannot make such a motion, but believes there are valid reasons for one, to try to persuade someone who voted on the prevailing side, to make such a motion. v. A member who makes this motion should state that he or she voted on the prevailing side; vi. Needs a second, and can be seconded by any member; vii. Is debatable if the type of motion it reconsiders is debatable; and viii. Is not amendable and requires a majority vote to adopt. c. Step 1: A member of Council who voted on the prevailing side makes the motion, such as "I move to reconsider the vote on the resolution relating to holidays. I voted for \[or against\] the resolution." This motion needs a second, which can be seconded by any Councilmember. d. Step 2: If the motion for reconsideration is adopted, the original motion is then placed before Council as if that motion had not been voted on previously; and Council again takes that motion under discussion, followed by a new vote. e. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter, may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five days advance notice of such discussion and/or action. 25. Council Materials a. Council Material: Councilmembers and staff should read the agenda material and ask clarifying questions of the city manager or other appropriate staff prior to the Council meeting when possible. A good opportunity to do this is at the Advance Agenda meeting. Council recognizes there are times when Councilmembers may wish to bring additional documentation to a meeting on a specific subject, whether that subject is on the agenda or not, in order to share with Council and staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Council meeting, or if distributed during a meeting, Councilmembers should indicate they would like the materials considered for a future meeting, since except in an emergency, Councilmembers would normally not take time at the dais to read material just received. Pre-scheduled materials Council wishes to share as part of the Council packet could also be included on Format A or Format B agendas under “Council Comments.” b. Council Packets: Councilmembers shall personally pick up their agenda packets from their city desk, unless otherwise arranged by the Councilmember or further directed by Council. Councilmembers have the option of accessing their Council packet via the City’s websiteThe city clerk shall prepare a digital/electronic agenda packet for individual Councilmembers, with hard copies available upon request. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 32 of 83 c. Packet Materials: Request for Council Action form (RCA): This is a cover sheet used by staff to introduce an agenda item. It includes the agenda item title, citing of governing legislation associated with the topic, previous Council action taken, and background on the topic. Options for Council consideration are also included, as well as a staff recommended action or motion. The options and recommended action or motion should be viewed as aids to Council in making a motion or taking action, but should not be thought of as obligatory, as Council always has the option of making a motion different from what is included on the form. Generally, by the time an item is ready for a motion, Council has already read, heard, and/or discussed the item at least three times (such as an informational item, an administrative report, and lastly as an action item), and the wording of a motion would not normally be controversial, although it is important to state the motion as a motion, such as “I move to” or “I move that” or other similar language. 26. “Three Touch Principle” Decision makers and citizens at all levels of the city should have adequate time to thoroughly consider the issues prior to final decisions. It is the intent of the Council that the Council and administration shall abide by the “Three Touch Principle” whenever possible. These procedural guidelines are designed to avoid “surprises” to the City Council, citizens and administrative personnel. Any request or proposal for adopting or changing public policy, ordinances, resolutions or City Council directives which require a decision of the City Council or administration, should “touch” the decision makers three separate times. This includes verbal or written reports, “information only” agenda items, or any combination thereof. To facilitate the Council’s strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the “Three Touch Principle.” It is recognized that unexpected circumstances may arise wherein observance of the “Three Touch Principle” would be impractical. However, when unusual circumstances arise which justify a “first discussion” decision, the persons requesting the expedited decision should also explain the timing circumstances. This principle excludes staff reports and other general communications not requiring a Council decision. City of Spokane Valley | Governance Manual | Chapter 1: Council Meetings | August 20, 2024 DRAFT Page 33 of 83 Page 34 of 83 A. ELECTION OF OFFICERS Procedures for electing officers are as follows: 1. Biennially, at the first meeting of the new Council, the members thereof shall choose a Presiding Officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, election of a Deputy Mayor shall be conducted in the same manner. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030) There are no term limits for the office of Mayor or Deputy Mayor. 2. The election for Mayor shall be conducted by the city clerk. The city clerk shall call for nominations. Each member of the City Council shall be permitted to nominate one person, and a nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. 3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. Selection of Mayor and of Deputy Mayor shall each be determined by majority vote of Councilmembers present. The city clerk shall publicly announce the results of the election. Thereafter, the city clerk shall record the individual Councilmember’s vote in the minutes of the meeting. 4. If the first round of votes results in no majority vote of Councilmembers present, the voting process shall be repeated no more than two more times. During subsequent votes, Councilmembers do not have to vote the same as they did in the previous vote. If after three attempts, Council is unable to agree on a Mayor by majority vote of Councilmembers present, the office of Mayor shall be temporarily filled by an Acting Mayor, which shall be the Councilmember who just previously served as Mayor if that person is still a member of Council, or if the previous Mayor is no longer a Councilmember, then by the Deputy Mayor, or if such person prefers not to serve as Mayor or if that person is no longer a member of Council, the Councilmember with the next highest seniority. The Acting Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, which shall be determined at the next scheduled Council meeting, at which time the role of Acting Mayor shall cease and terminate. 5. At the next scheduled Council meeting voting for Mayor shall proceed in the same manner as the initial first round of voting from the previous Council meeting, but Councilmembers shall only vote on the Councilmembers who received the highest number of votes. If after three voting attempts, there is still no majority vote of Councilmembers present, the vote shall be determined by whichever Councilmember has the most votes at the third voting attempt. If at that time, there is a two-way tie of Councilmembers receiving the most votes, the tie shall be broken based on the flip of a coin. The City Manager shall flip the coin. If there are more than two Councilmembers tying with the most votes, that tie shall be determined by another means of chance to narrow the Councilmembers down to two, at which time the outcome shall be determined by written ballot. City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | August 20, 2024 DRAFT Page 35 of 83 B. FILLING COUNCIL VACANCIES 1. General Process (Note that public comment shall not be taken during this entire process) If a vacancy occurs on the City Council, the Council shall follow the procedures outlined in RCW 35A.13.020 and Council’s adopted procedure in compliance with RCW 35A.13.020, as well as RCW 42.12.070. The timeline will vary depending on when the process begins. Pursuant to RCW 35A.13.020, City Council has 90 days from the vacancy to appoint a qualified person to the vacant position. If this timeframe is not met, the City’s authority in this matter would cease and the Spokane County Board of Commissioners would appoint a qualified person to fill the vacancy. In order to be qualified to run for Spokane Valley City Council, or hold such position, a person must be \[RCW 42.04.020\] a citizen of the United States, 18 years of age or older, a resident of the City of Spokane Valley for a year or more preceding his or her election, a registered voter in the City of Spokane Valley at the time of filing the declaration of candidacy and at the time of filing the declaration of candidacy if the candidate had ever been convicted of a felony, they must no longer be under the authority of the Department of Corrections, or currently incarcerated for a felony. Pursuant to RCW 42.12, remaining members of Council shall appoint a qualified person to fill the vacancy as an interim position who will serve from the date of appointment until the person elected in the November odd-numbered year general election takes office, which is the date the election results are certified, normally around the 26th of November. (See also 35A.12.040) Immediately upon the election being certified, that just-elected person will take the oath of office, take their position as a member of Council, and complete the remainder of the unexpired term. a. Procedure for Filling a Council Vacancy, Timeline/Procedure-Publication: The city clerk shall publish the vacancy announcement inviting citizens of the City who are interested and qualified to sit as a Councilmember, to apply on an application form provided by the city (see Appendix E page 53 for application). Qualifications to sit as a Councilmember are set forth in RCW 35A.13.020, which refers to RCW 35A.12.030: (1) must be a registered voter of the city at the time of filing his or her declaration of candidacy; (2) has been a resident of the city for a period of at least one year next preceding his or her election. Additional qualifications include those stated above under #1 General Process, and that Councilmembers shall not hold any other office or employment within the Spokane Valley city government \[RCW 35A.12.030\]. In order to avoid any real or perceived conflict of interest, no member of Council's immediate family may be currently employed by the City of Spokane Valley since employment is considered a contractual matter, and a councilmember would have a prohibited interest in a contract between a family member who is an employee of the city, and the city. (See Appendix G page 58 Definitions for description of immediate family.) If possible, the vacancy announcement shall be published for three consecutive weeks. b. The city clerk shall establish the deadline to receive applications, for example, no later than 4:00 p.m. on a certain date. c. RCW 42.30.110(1)(h), set a special meeting with an executive session beginning at 5:00 p.m. Council shall meet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, Council shall return to meeting place and the Special Meeting shall be adjourned. d. Hold a regular 6 p.m. meeting, same evening as above special meeting. Pursuant to RCW 42.30.110(1)(h), Council shall meet in open session and part of this agenda shall include City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | August 20, 2024 DRAFT Page 36 of 83 selection of applicants to interview. Selection shall be by nomination and second. A vote shall be taken and candidates receiving a majority vote of those councilmembers present, shall be interviewed. Immediately after this Council meeting or as soon as practicable, the clerk shall send a list of potential questions to all those to be interviewed. e. Schedule the conducting of the interviews for an upcoming Council meeting. Pursuant to RCW 42.30.110(1)(h), the interviews shall be conducted during an open Council meeting. Each interview shall be a maximum of 30 minutes. f. Schedule a special 5 p.m. meeting with an executive session. Pursuant to RCW 42.30.110(1)(h), Council shall meet and adjourn to executive session (closed session) to discuss applicants. After the discussion, the Special Meeting shall be adjourned as usual. g. Hold a regular 6 p.m. meeting, same evening as “f” above special meeting. Pursuant to RCW 42.30.110(1)(h), Council shall meet in open session; and the last action item of that agenda will include a vote to fill the vacancy. Upon selection of the new Councilmember, that person shall be sworn in by the city clerk and take their seat at the dais. 2. Nomination Options for Conducting Interviews a. After holding an executive session to review applications, during a subsequent open session, any Councilmember may: i. Nominate an applicant to be interviewed ii. The nomination must be seconded iii. Councilmembers may make more than one nomination, but only one at a time iv. The Mayor shall ask if there are further nominations v. If no further nominations, the Mayor shall close the nominations vi. Votes shall be taken on each applicant in the order of nomination vii. Votes shall be by raised hand viii. Applicants receiving a majority of votes of those Councilmembers present, shall be interviewed ix. Once all voting has taken place, the city clerk shall summarize which applicants shall be interviewed based on the voting outcome. As soon as possible after the Council meeting, the city clerk shall notify each applicant to inform them if they will or will not be interviewed; notify those to be interviewed of the date and time for their interview, and send each person to be interviewed, the list of possible interview questions; or x. Instead of the above nomination process, after holding an executive session to review applications, Council may choose to interview all applicants. b. The length of the interview shall be determined based upon the number of applicants and interviews shall be done in last-name alphabetical order. The city clerk shall notify all applicants of the date, time and procedure for their interview. To keep the process as fair as possible, on the date of the interview, applicants not yet interviewed shall be asked to wait in a waiting area outside the meeting place and away from viewing or hearing the meeting’s proceedings. City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | August 20, 2024 DRAFT Page 37 of 83 c. If during open session, Council has nominated only one person to interview, or in the case of more than one vacancy, one person per vacancy, Council may forego the interview process and move to make the appropriate appointment. 3. Interview Questions/Process During the interview, each Councilmember may ask each candidate a maximum of three questions, which includes any follow-up questions. Candidates shall be interviewed in alphabetical order of last name. 4. Nomination and Voting Process to Select Applicant a. Nomination Process: Councilmembers may nominate an applicant to fill the vacancy. A second is required. If no second is received, that applicant shall not be considered further unless no applicant receives a second, in which case all applicants who were nominated may be considered again. Councilmembers may not make more than one nomination unless the nominee declines the nomination and unless there is no second to the nomination; in which case the Councilmember makes another nomination. Once the nominations are given, the Mayor shall close the nominations and Council shall proceed to vote. b. Voting Process. RCW 42.12.070 states that where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position. By adoption of this policy, Council has chosen the following process for making such appointment: i. Except when there is only one nominee, a vote for an applicant shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. ii. The vacancy may only be filled when a majority of the remaining City Council (whether present or not) affirmatively votes for the applicant, i.e. if five City Councilmembers are present, this would require at least four Councilmembers voting for an applicant. If subsequent rounds of voting are needed, each round of voting follows the same process. The Mayor may ask for Council discussion between voting rounds. iii. Round One Vote: The city clerk shall publicly announce the results of the election. The applicant receiving the majority of votes shall be the new Councilmember. If no applicant receives a majority of votes from the City Council, then the three applicants receiving the most affirmative votes would be considered in a second round. iv. Round Two Vote: Round Two proceeds the same as Round One. If one of the three applicants still fails to receive a majority of affirmative votes, then the two applicants of the three who received the most affirmative votes would then be considered in a third round; or if there are only two applicants and they receive tie votes, a third round shall be taken. Councilmembers may change their vote between rounds. ound Three proceeds the same as Rounds One and Two. If after this v. Round Three Vote: R round, the vote of the two applicants results in a tie, then the city manager, with concurrence of Council shall flip a coin to determine who shall fill the vacancy, with the applicant whose last name is closest to the letter A being assigned “heads” and the other person assigned “tails.” In the rare circumstance where both applicants' last name begins with the same letter of the alphabet, the applicant whose entire last name is closest to the letter A shall be assigned “heads” and the other person assigned “tails.” In the equally rare circumstance where both applicants have the same last name, the applicant whose first name is closest to the letter A shall be assigned “heads” and the other person assigned “tails.” City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | August 20, 2024 DRAFT Page 38 of 83 5. Seating of New City Councilmember Once an applicant either has received a majority of votes or wins the coin flip, if the appointed applicant is at the meeting, the city clerk shall administer the oath of office, and the new Councilmember shall be officially seated as a City Councilmember. If the appointed applicant is not at the meeting, such action is not official until the applicant takes the oath of office. C. LEGISLATIVE AGENDA Councilmembers work each year (or sometimes every two years) to draft a State and a Federal “legislative agenda” to address Council ideas, suggestions and specific legislative programs in terms of upcoming or pending legislative activity in Olympia and Washington, D.C. that would or could have an effect on the city. These agendas can also be addressed during Council’s participation in the Association of Washington Cities (AWC)annual conference, and the annual National League of Cities Conference held in Washington, D.C. D. COUNCIL TRAVEL ALLOCATION Council is allocated a budget to handle certain city business-related travel expenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year shall be apportioned equally among six Councilmembers, and the Mayor may receive additional funding based on the extra travel demands of the office. These monies may be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of city business. Periodic updated statements of expenditures are available to Councilmembers upon request to the Finance Department or the city manager’s executive assistant. Should a Councilmember exhaust their apportionment of funds, that person shall be personally responsible for payment of any travel and related expenses unless they have requested and received written affirmation from another Councilmember of their voluntary allocation to grant the travel related expenses from that granting Councilmember’s travel apportionment. Such granting of travel allocations shall be documented with the appropriate completed form (see Appendix F, page 57). During the last six months of a Councilmember’s current term of office, Councilmembers shall not incur city business-related travel expenditures outside a 50 mile radius unless such travel fulfills the obligations of the Councilmember’s service on statewide or regional boards, commissions or task forces. E. COUNCIL EXPENSE REIMBURSEMENT POLICY 1. Travel Approval and Expense a. General Travel: Councilmembers are entitled to payment of and reimbursement for lawful expenditures incurred on official city business when such expenditures are within the allotted budget. The city shall not reimburse Councilmembers for meals or beverages with constituents when there is not at least a quorum present as that would not be considered official city business. The city shall not reimburse an expense associated with fundraising or political events. The city shall also not reimburse an expense if that expense is reimbursable by another agency. Each Councilmember shall be permitted to travel within the constraints of each Councilmember’s allotted budget, which may also include donated allocation(s) from another Councilmember(s). (See Appendix F page 77 for Request Form.) b. Allowable Travel Expense. Allowed travel expenses include transportation, lodging, meals, and other related expenditures lawfully incurred by Councilmembers in the course and scope of their Councilmember duties. City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | August 20, 2024 DRAFT Page 39 of 83 i. Meals, transportationand lodging are reimbursed at a cost a cost deemed customary and reasonable. Meal receipts shall be itemized to receive reimbursement. ii. Tips are allowable expenditures when they approximate 15% or less, unless the personal service provider sets a mandatory group rate at a higher percentage, or the tip is already included in the expenditure. Please carefully examine your bill and be aware of statements such as “A service charge of __%/$ will be added to your bill.” Reimbursement for tips is limited to meals, valet services, and taxi/ride share transportation. iii. Lodging is reimbursed for the actual cost of the room, minus any room extras. A receipt is required for reimbursement. iv. When staff is making and paying for air travel arrangements, airline trip insurance may be purchased on a case-by-case basis at the discretion of the City Manager. Times when such trip insurance may be purchased include necessary travel when the weather is questionable. v. Mileage shall be reimbursed according to the current IRS mileage rates for traveled miles as determined by such websites Google maps, or other internet apps or mileage distance calculators, using the shortest route between two places. c. Non-Reimbursement or Prohibition of Travel Expense. Unauthorized travel expenses include but are not limited to the following items, for which no reimbursement shall be allowed: i. Alcoholic beverages ii. Expense of a spouse or other persons not authorized to receive reimbursement under this policy iii. Personal entertainment/movies iv. Theft, loss, or damage to personal property v. Barber or hair salon vi. Airline or other trip insurance (see b iv directly above) vii. Personal postage viii. Reading material, except for that associated with official City business ix. Personal telephone calls x. Personal toiletry articles, including toothpaste, toothbrush, comb, brush, candy, gum, tissues, and other miscellaneous items xi. Dry cleaning/laundry service xii. Prohibited expenses charged to the City in error shall be immediately reimbursed. d. Conferences/Meetings/Seminars. i. Where a meal is included in a registration package, the cost of a meal eaten elsewhere shall not reimbursed unless its purpose is to allow the conduct of city business. ii. For meetings or seminars hosted by an organization for which the city pays membership dues, lodging is limited to the amounts that are reasonable and necessary based upon the government or conference rate offered by the host hotel(s). iii. When an extra day’s stay would reduce airfare beyond the extra day’s hotel and meals, a Councilmember may stay an extra day. City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | August 20, 2024 DRAFT Page 40 of 83 2. Payment of Expenses a. Use of city credit cards. Use of city credit cards for travel is authorized pursuant to chapter 2.65 SVMC. b. Prepayment. Examples of travel expenses subject to prepayment include registration fees, airline tickets, and certain lodging where the cost is part of the registration package. Prepayment is generally handled by the city manager’s executive assistant. c. Direct Billing. Direct billing to the city for expenses such as meals and lodging is prohibited. d. Expense Reimbursement Report. Expense reimbursement forms shall be completed no less than monthly. Councilmembers shall complete the expense reimbursement form and submit it to Finance, documenting the amount due the Councilmember or city as appropriate. The actual amounts expended shall be written on the form with itemized receipts attached. The completed expense reimbursement form shall be submitted to Finance within 45 days after completing travel. expense reimbursement forms submitted more than 45 days after completing travel shall not be honored. 3. Use of Personal Vehicle a. Reimbursement. Expenses for the use of personally-owned vehicles in the course of city business are reimbursed at the then-current U.S. Government (IRS) rate. Councilmembers who use their personal car for city business shall carry, at a minimum, the Washington state required insurance coverage. Councilmembers shall be responsible for maintaining this coverage at their own cost. b. Passengers. Should more than one Councilmember travel in the same personal vehicle on city business, only the individual owning the vehicle is entitled to reimbursement for transportation. 4. Cancellation A Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings, hotel, and airfare, or any other pre-payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a city business decision, expenses incurred by the city resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember, and those expenses shall be repaid to the city within 14 calendar days of the cancellation. F. BALLOT MEASURES: 1. State Law RCW 42.17A 555. State law has enacted statutory prohibitions (with limited exceptions) against the use of public facilities to support or oppose ballot propositions: “No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | August 20, 2024 DRAFT Page 41 of 83 including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view. (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3) Activities which are part of the normal and regular conduct of the office or agency.” \[emphasis added\] 2. City’s Implementation of RCW 42.17A.555 In the city’s implementation of RCW 42.17A.555, the City Council shall not, during any part of any Council meeting, consider requests from outside agencies or individuals, for Council to support or oppose ballot measures; nor shall Council permit any public comment on any past, current, or future possible/proposed ballot issue, whether or not such comments seek endorsement or are just to inform Council of upcoming or proposed ballot issues; nor shall Councilmembers disseminate ballot-related information. 3. Providing Informative Materials to Council The requestor has the option of mailing materials to individual Councilmembers via the United States Postal Office (USPS). Because even the use of email for ballot purposes could be construed as use of public facilities and could be interpreted as being in violation of RCW 42.17A.555, materials should be sent via regular mail through USPS. Information shall be objective only and not soliciting a pro or con position. 4. Public Comment Council has determined that ballot issues (including past, current, or possible/proposed ballot issue) are not the business of the city, and has chosen not to support or oppose ballot issues as those are left to the will of the people voting. The use of any of the city’s facilities including the use of the Council chambers, other meeting location, and/or broadcast system would likely be construed as being in violation of RCW 42.17A.555 and therefore, general public comment on ballot issues, or proposed ballot issues shall not be permitted. (See page Chapter 1, C Public Comments for more specific direction on allowable public comment) City of Spokane Valley | Governance Manual | Chapter 2: Legislative Process and Procedure | August 20, 2024 DRAFT Page 42 of 83 Page 43 of 83 A. CITIZEN CONTACT/INTERACTIONS OUTSIDE OF A COUNCIL MEETING 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government, the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff shall work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding City business. This provision shall not apply to invitations for mayoral comments at various functions, nor requests for appointments or other incidental contact between citizens and the office of the Mayor. 2. Concerns, Complaints and Suggestions to Council When citizen concerns, complaints or suggestions are brought to any, some, or all Councilmembers, the Councilmember should, when deemed appropriate and/or necessary, consult with the city manager to, first determine whether the issue is legislative or administrative in nature and then: i. If legislative, and a concern or complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or resolution of the City, the matter may be referred, with Council consensus, to a future Council agenda for Council’s recommendation in forwarding the matter to a committee, administration, or to the Council for study and recommendation. ii. If administrative, and a concern or complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Councilmember should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3. Administrative Complaints Made Directly to Individual Councilmembers a. When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember should then refer the matter directly to the city manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the city manager shall not be required to divulge information he/she deems confidential, in conformity with applicable statutes, ordinances, regulations, policies or practices. b. Although citizens’ direct access to elected officials is to be encouraged to help develop public policy, City Councilmembers should not develop a “personal intervention” pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in the past. In that case, refer to the paragraph above. 4. Social Media Councilmembers shall comply with the City Councilmember Social Media Policy which is attached hereto as Appendix H and wholly incorporated herein. 5. Donations On occasion, Councilmembers could be contacted by citizens or businesses regarding donations. See Spokane Valley Municipal Code 3.34. for policy on donations. City of Spokane Valley | Governance Manual | Chapter 3: Council Contacts | August 20, 2024 DRAFT Page 44 of 83 B. STAFF CONTACTS AND INTERACTIONS 1. Role of the City Manager The city Manager is the chief administrative officer of the City of Spokane Valley. The city manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the city manager are defined by Washington law RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with the city manager’s accountability to the City Council for policy implementation is the need for the Council to allow the city manager to perform legally defined duties and responsibilities without interference by the City Council in the management decisions of the city manager. 2. City Staff Attendance at Meetings a. The City Manager or his/her designee shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council. The city manager shall be responsible to the Council for the proper administration of all affairs of the city. The city manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the city manager deems advisable to submit; keep the Council fully advised as to the business of the eity; and shall take part in the Council’s discussion on all matters concerning the welfare of the eity. (RCW 35A.13.080) b. It is Council’s intent that the city manager schedule adequate administrative support during Council meetings for the business at hand, keeping in mind that the city manager must also protect the productive capability of department directors and of all staff. Required attendance at meetings by city staff shall be at the pleasure of the city manager. 3. City Clerk - Minutes The city clerk, or in the clerk’s absence the deputy city clerk shall keep minutes as required by law and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or city manager. In the absence of the city clerk and the deputy city clerk, the city clerk shall appoint a replacement to act as clerk during the Council meeting. The clerk shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or agreement reached, if any. As a rule and when possible and practical, regular meetings, or those Council meetings held at 6 p.m. on Tuesdays, (which includes Format A and Format B format) shall be video- recorded. Special meetings shall not normally be video-recorded. Executive Sessions shall not be video or audio recorded. Original, signed and approved minutes shall be kept on file in the City Clerk’s Office and archived according to Washington state record retention schedules. Copies of the approved minutes shall also be posted on the city’s website as soon as practical after such minutes are approved and signed. Whenever possible, video recordings of Council meetings shall be posted on the city’s website. 4. Administrative Interference by Councilmembers Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the city manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the city manager and neither the Council nor any committee or member thereof shall give any directives, tasks, or orders to any subordinate of the city manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the city manager anything City of Spokane Valley | Governance Manual | Chapter 3: Council Contacts | August 20, 2024 DRAFT Page 45 of 83 pertaining to appointments and removals of city officers and employees and city affairs. (RCW 35A.13.120.) 5. Informal Communications Encouraged RCW 35A.13.120 should not be construed as to prevent informal communications with city staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with city staff for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific city functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of city staff. While maintaining open lines of communication, city staff responding to information requests from Councilmembers shall inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. City of Spokane Valley | Governance Manual | Chapter 3: Council Contacts | August 20, 2024 DRAFT Page 46 of 83 Page 47 of 83 A.COMMITTEES, COMMISSIONS AND BOARD OF OUTSIDE ORGANIZATIONS OF WHICH THE CITY IS A MEMBER 1. Appointment, Removal, and Attendance a. Spokane Valley Councilmembers and/or residents who seek representation on any committee, board, or commission for which a representative of the city is required by Washington law or to which the city pays membership dues (collectively referred to herein as “Outside Organization Committees”), shall be appointed (or approved) by the Mayor with confirmation by the Council. b. Appointment Process: Any committee, board, commission, task force, etc., requiring Mayoral appointment of committee members, shall also require confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. By majority vote, Council can reject the appointment. If Council fails to confirm the recommended appointment, the Mayor could either make another recommendation, or the appointment may be postponed to a later date, giving city staff opportunity to further advertise for committee openings. This process also applies to the annual appointment of Councilmembers to Committees and Boards, which is usually done during the first few weeks of January. c. Attendance at Committee/Board meetings: Attendance at these meetings is important so that a report can be given to the full Council concerning the meeting’s activities, plans, agenda, etc. If the assigned Councilmember cannot attend the committee meeting, every effort should be made to give advance notice to the committee alternate to attend in their stead if possible. d. Removal Process of Councilmember. Any Councilmember on any committee, board, commission, task force, etc., requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. e. Removal Process of Citizen: Any citizen on any committee, board, commission, task force, etc., requiring Mayoral appointment, may be removed by the Mayor, with confirmation by the Council, which shall be by majority vote of those present at the time the vote takes place. Reasons for removal include conflict of interest, unexcused multiple absences, or for those committees which require the appointee to be a Spokane Valley citizen, failure to qualify as to residency. f. A Councilmember or citizen may resign due to conflicts of time or scheduling commitments, or other personal reasons. A vacancy caused by resignation shall be filled as soon as appropriate, but not sooner than two weeks, with notation of such on the advance agenda. g. These committee and commission board appointments, as well as removals, shall be placed as action items on Council meeting agendas, and when possible and practical, will be noted on the Advance Agenda at least two weeks prior to such action. h. If an outside organization committee offers a Councilmember a position on said committee, and the Councilmember accepts the appointment without the official approval of the Mayor which has City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | August 20, 2024 DRAFT Page 48 of 83 been confirmed by Council, then the Councilmember shall resign from the outside organization committee. If the Councilmember does not so resign, then (1) the Councilmember is prohibited from using city funds or resources for purposes related to their participation on the committee, or to otherwise further the interests of any committee; (2) the Councilmember’s service on said committee shall be in that Councilmember’s personal capacity only – not as a representative of the city or Council; and (3) the Councilmember shall notify said committee in writing that his service thereon is only as a private citizen and not as a representative of the city or Council. The Mayor may also send formal written notification to the outside organization committee that said Councilmember does not have authority to represent the city or Council on said committee. 2. Council Relations with Outside Boards, Commissions and Council Citizen Advisory Bodies to Which They Are Appointed a. The purpose of these appointments is to provide Council with insight into areas of interest or concern within each board. As liaisons and representatives of the city, it is the duty of Councilmembers to remember that their sole purpose in attending these meetings and participating as an appointed board/committee member is to represent the city; and as such during those meetings, Councilmembers may not act as a representative of any other business, group or organization without the express consent of the Council. b. Councilmembers are encouraged to share with all Councilmembers, copies of minutes from any statutory boards, commissions, or committees on which they serve and participate. Communications from such boards, commissions and bodies to the City Council which seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Council may also bring such communication to the Presiding Officer’s attention under the agenda item “Committee, Board and Liaison Reports.” If any member of the Council requests that any such communication be officially answered by the Council, the Presiding Officer may place the matter on an upcoming agenda for a specific Council meeting or take other appropriate action. B. IN-HOUSE COMMITTEES, BOARDS, ETC. 1. The members of standing committees, boards, and/or commissions of the City (collectively referred to under this subsection B as “in-house committees”) shall be appointed by the Mayor for a time certain (not to exceed the term provided by law or the term of office of the appointing Mayor) with Council confirmation by majority vote. Such appointments are generally made at the first or second meeting in January. The Mayor, with approval by majority vote of those Councilmembers present at the time the vote occurs, has authority to remove and replace members from in-house committees. Following are established in-house committees: a. Planning Commission -- 7 members. “SVMC 18.10.010 Establishment and purpose. There is created the City of Spokane Valley Planning Commission (hereafter referred to as the “Planning Commission”). The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | August 20, 2024 DRAFT Page 49 of 83 continued review of the city’s Comprehensive Land Use Plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. 18.10.020 Membership A. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the city. B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the city. C. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City limits. Terms shall be for a three-year period and shall expire on the 31st day of December. D. Removal. Members of the planning commission may be removed by the Mayor, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the City Council regarding membership on the planning commission shall be final and without appeal. E. Vacancies. Vacancies that occur other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. F. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the City Council regulating the conduct of any person holding appointive office within the city. No elected official or city employee may be a member of the planning commission.” b. Lodging Tax Advisory Committee - 5 members. “SVMC 3.20.040 Lodging tax advisory committee. The City Council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The city shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council. Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | August 20, 2024 DRAFT Page 50 of 83 nominees. Nominations shall state the term of committee membership. Appointments shall be for one- and two-year terms.” c. Finance Committee- 3 members. The Finance Committee generally consists of three Councilmembers. Meetings are conducted on an as-needed basis as determined by the city manager. Matters that should be addressed by the Finance Committee, include, but are not limited to: i. Authorizing on short notice, approval of change orders that are in excess of the amounts authorized in SVMC 3.35.010(C), in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event, the City Manager shall provide appropriate information to the city council at its next regular meeting setting forth the factual basis for the action. ii. During the last six months of a Councilmember’s current term of office, incurring City business-related travel expenditures requires the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember’s service on statewide or regional boards, commissions or task forces. iii. A Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings, hotel, and airfare, or any other pre-payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a city business decision, expenses incurred by the city resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember and those expenses shall be repaid to the city within fourteen calendar days of the cancellation. This is generally tracked by the city manager’s executive assistant. d. Governance Manual Committee – 5 - 6 members. This committee usually consists of two or three Councilmembers, the city manager, the city attorney, and the city clerk. The purpose of this Committee is to periodically review the Governance Manual for edits needed for clarity or correction, or to add or edit specific sections by Council consensus, or by request of staff as the need arises. After discussion as a committee, the matter may be scheduled as an administrative report on a future Council agenda. The finalized Governance Manual shall be approved via resolution. All edits, revisions, and additions to the Governance Manual shall be approved via a resolution. All reports to Council regarding adoption of any proposed edits, revisions, and/or additions to the Governance Manual shall be presented by a Councilmember sitting on this committee, who shall be chosen by (a) the Councilmembers on the Committee, or (b) the Mayor if the Committee Councilmembers are unable to agree on the same. This committee should strive to meet quarterly throughout the year, e.g. in February, May, August, and November. e. Agenda Committee – Mayor, Deputy Mayor, city manager, city clerk At the Mayor’s option, and either by a schedule determined by the Mayor or by personal individual invitation, the Mayor may invite a third Councilmember to attend this weekly City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | August 20, 2024 DRAFT Page 51 of 83 meeting. The attendance by a third Councilmember is at the third Councilmember’s discretion. Other staff may be invited at the discretion of the city manager. As noted in Chapter 1(B)(4), this committee generally meets at a fixed weekly time to review the Council agenda of the upcoming meeting as an opportunity to ask questions and/or request additional materials or research needed for the impending meeting, and to review the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. Since this is a standing committee of the Mayor, Deputy Mayor, city manager, and city Clerk, no committee appointments are necessary. f. Public Safety Committee – 5- 6 members This is an ad hoc committee that meets on an as-needed basis to discuss and provide input into critical pending public safety issues. With the Council’s focus on public safety and the extensive number of issues facing the city related to public safety, this committee will allow discussion on issues in a timelier manner and in advance of full city Council discussions. Meetings will be called by the city manager and deputy city manager, and both will attend the committee meetings. This committee will sunset as determined by recommendation from the Mayor, with approval of the Council. 2. When required by law, committee meetings should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the city manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre-study. 3. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of “sunsetting” the committee at the conclusion of the assigned task. As with all committee vacancies, ads announcing a vacancy or soliciting membership or participation in a task force or other committee shall be placed on the city’s website, and in the city’s official newspaper. C. PRIVATE COMMITTEES, COMMISSIONS, AND BOARDS The Council recognizes there are various other private committees, boards and commissions (collectively referred to under this subsection C as “committees”), such as Spokane Neighborhood Action Partners (SNAP), which appointments are made by their own board. These boards and committees do not require an appointment by our Mayor or confirmation by our Council but are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of those committees and/or boards. As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. However, a Councilmember sitting on such a committee, board, or commission may only participate in their capacity as a private citizen. Councilmembers are prohibited from (a) acting on such City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | August 20, 2024 DRAFT Page 52 of 83 committees in any capacity as a representative of the city; (b) characterizing, either by omission or affirmative action, their committee participation as being on behalf of or as a representative of the city; and/or (c) using city funds or resources for purposes related to their participation on the committee, or to otherwise further the interests of any committee. City of Spokane Valley | Governance Manual | Chapter 4: Committees, Boards, and Commissions | August 20, 2024 DRAFT Page 53 of 83 Page 54 of 83 A. PURPOSE The behavior and actions of individual Councilmembers can affect, both positively and negatively, the perception of the entire Council and public confidence in the Council and the city. Therefore, each Councilmember has a vested interest in promoting the ethical and professional conduct of his/her fellow Councilmembers. In order to foster an environment of ethical and professional conduct by all Councilmembers, the Council has adopted the following process to be implemented in the event a Councilmember(s) is alleged to have violated a provision of: (1) Sections A.1.h, A.2., or C of Chapter 4 of this Governance Manual; (2) the Statement of Ethics attached as Appendix C to this Governance Manual; (3) the Social Media Policy attached as Appendix H to this Governance Manual; (4) Chapter 42.23 RCW (Code of Ethics for Municipal Officers); (5) Chapter 42.30 RCW (Washington Open Public Meetings Act); (6) RCW 42.17A.555 (prohibiting use of public facilities for campaigning); (7) RCW 35A.13.120 (prohibiting interference with administrative/executive staff); (8) paragraph D.1.b herein and set forth below, or (9) other applicable laws and/or regulations governing the conduct of the Councilmembers in their capacity as elected public officials. B. COUNCIL CONDUCT STANDARDS The “Council Conduct Standards” consist of items (1) through (9) described in the immediately preceding section. C. COMPLIANCE REQUIRED All Councilmembers must abide by the above-identified Council Conduct Standards. Any Councilmember alleged to have violated the Council Conduct Standards is subject to the below enforcement provisions. However, said enforcement provisions shall apply only to that conduct occurring after the date Council passed the resolution adopting this Chapter 5 of the Governance Manual. D. ENFORCEMENT PROCEDURE 1. Complaint: Any Councilmember may submit a written complaint to the city manager alleging a fellow Councilmember(s) has violated, during their tenure as an elected Councilmember, one or more provisions of the Council Conduct Standards. The following subsections apply to all such complaints. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | August 20, 2024 DRAFT Page 55 of 83 a.Required Content of Complaint: The written complaint must identify the (i) Councilmember submitting the complaint; (ii) Councilmember alleged to have violated the Council Conduct Standards, (iii) specific Council Conduct Standards alleged to have been violated, and (iv) specific conduct the accused Councilmember is alleged to have committed. To the extent known by the Councilmember submitting the complaint, the complaint shall also identify the following for each alleged violation (i) when the violation occurred, (ii) where and how the violation occurred, (iii) all individuals believed to have witnessed, or otherwise have firsthand knowledge of the alleged conduct, and (iv) documents/records related to the alleged conduct (including the identity of the custodian and the location of said documents/records). If the complaining Councilmember has information or documents/records in their possession that tend to support or discredit the allegations, they must provide the same with the written complaint. b. Frivolous Complaints Prohibited: Councilmembers are prohibited from submitting Frivolous Complaints under this Chapter. If the Investigator (identified in paragraph 2 below) determines during their review/investigation that a Councilmember has submitted a Frivolous Complaint, then the submission of the complaint itself shall be a violation of the Council Conduct Standards subject to discipline under this Chapter 5. “Frivolous Complaint” is defined as a complaint that: (i) contains false allegations, and no facts have been presented or revealed during the investigation of the complaint that would cause an unbiased person, exercising reasonable judgment and discretion, to believe the false allegations were true; and/or (ii) is determined by the Investigator to be unfounded, and the Investigator determines that the Councilmember who submitted the complaint possessed information or physical evidence discrediting the veracity of the allegations but did not provide it to the Investigator. 2. Review/Investigation: Upon receipt of the written complaint, the city manager shall promptly retain an independent third-party attorney (hereinafter “Investigator”) to conduct an independent review and investigate the complaint and allegations therein as follows: a. the complaint alleges an actionable claim. If the Investigator determines that the complaint fails to allege conduct which, when assuming the allegations to be true, constitutes a violation(s) of the Council Conduct Standards, then the complaint shall be considered report to the city m The Investigator’s delivery of the written report to the city manager shall close the matter. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | August 20, 2024 DRAFT Page 56 of 83 If the Investigator determines that the complaint alleges conduct which, when assumed to be true for purposes of initial review, constitutes a violation(s) of the Council Conduct Standards, then the Investigator shall conduct a full investigation of the al in the complaint. b. Investigation. The Investigator shall investigate the allegations in the complaint and determine whether, on a more probable than not basis, that the accused Councilmember violated the Council Conduct Standards. The Investigator may use all reasonable and lawful means to investigate the allegations, including but not limited to interviewing witnesses, obtaining documents pertinent to the allegations, and interviewing the Councilmember alleged to have committed a violation(s). Regardless of whether they are the subject of a complaint hereunder, all Councilmembers shall reasonably cooperate with the investigation and make themselves reasonably available to answer questions and provide documents requested by the Investigator. If a subject Councilmember refuses to participate in the investigation or fails to timely deliver documents requested by the investigator, it will be understood that the subject Councilmember does not dispute the complaint. c. Report. After completing the investigation, the Investigator shall provide a written report to the City Manager that contains the following: (a) a summary of the complaint and matter(s) investigated, (b) the steps taken by the Investigator to review and/or investigate the evidentiary bases therefore, (d) a conclusion/determination as to whether the Council Conduct Standards were violated, (e) for each standard violated, Conduct Standard violated and the facts demonstrating the violation occurred, and (e) recommendation(s) as to whether and what corrective action, if any, should be taken under the circumstances. If the Investigator concludes that a Frivolous Complaint was submitted, then the Investigator’s report shall also include the above information regarding the Frivolous Complaint. The city manager shall deliver, without undue delay, a copy of the Investigator’s report to the Councilmember that was the subject of the investigation. If the Investigator’s report determines a Frivolous Complaint was submitted, then a copy shall also be delivered to the Councilmember who submitted the Frivolous Complaint. Delivery by email to the city- deemed to have been completed at the time the email was sent to the Councilmember. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | August 20, 2024 DRAFT Page 57 of 83 3.Hearing: If the Investigator’s report contains a finding that an accused Councilmember violated one or more Council Conduct Standards (including filing a Frivolous Complaint), then said Councilmember has the right to request a hearing before the city hearing examiner to contest the Investigator’s findings and/or conclusions. a. To request a hearing, the Councilmember found to have violated the Council Conduct Standards (hereafter the “Subject Councilmember”) must deliver a request for hearing to the city Manager by 5 p.m. on the seventh (7th) business day following the date the city manager delivered the Investigator’s report to the Subject Councilmember. Delivery of a hearing request shall be by email to the city manager’s official city-issued email address. If a Subject Councilmember fails to timely deliver the hearing request, then it will be understood that the Subject Councilmember does not dispute the Investigator’s findings and conclusions, and the matter shall proceed to the Council Review Meeting identified herein. b. At the hearing, (a) the Investigator shall present the evidence supporting the findings and conclusions in the Investigator’s report, and (b) the Subject Councilmember may present evidence in their defense. The Subject Councilmember may represent themself or retain their own attorney at their own expense. c. The proceedings before the hearing examiner shall be scheduled and conducted as identified in Appendix B of the Spokane Valley Municipal Code. The hearing examiner’s decision is the final decision of the City on the matter. 4. Council Review Meeting: If the hearing examiner determines that no violation occurred, then the decision shall be final, and the matter closed. If the hearing examiner issues a decision finding, on a more probable than not basis, that the Subject Councilmember violated the Council Conduct Standards or filed a Frivolous Complaint, or the Subject Councilmember did not timely request a hearing, then an Executive Session of the Council will be called as soon as practicable to discuss the complaint, the hearing examiner’s findings and/or the Investigator’s report, and potential corrective action by Council (hereinafter referred to as “Council Review Meeting”). However, the Subject Councilmember(s) may insist any discussion of the violation(s) found against her/him take place in a meeting of the Council open to the public, in which case the discussion shall take place in an open public meeting of the Council. Regardless of whether the Council Review Meeting occurs in an Executive Session or open public meeting, the Subject Councilmember(s) shall be provided up to fifteen (15) minutes to speak to the hearing examiner’s findings and conclusions (or Investigator’s report when no hearing is timely requested) during the Council Review Meeting. Following a discussion by the Council of the violation(s), the Council may: a. Take no action. b. In an open public session of the Council, by a majority-plus-one vote of the Council, issue a verbal Reprimand of the Subject Councilmember(s) found to have committed a City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | August 20, 2024 DRAFT Page 58 of 83 violation(s). A verbal Reprimand declares the conduct of a Subject Councilmember(s) to be unacceptable but not of such severity as to warrant a Public Censure. Issuance of the verbal Reprimand shall include a description of the violation(s) and the Hearing Examiner’s findings and conclusions. In the case where the Subject Councilmember(s) did not timely request a hearing, then the verbal reprimand shall also include a description of the Investigator’s report. Following the issuance of the verbal Reprimand, the Subject Councilmember(s) found to have committed a violation(s) shall be provided fifteen (15) minutes during the open public meeting to speak to the Hearing Examiner’s findings (and/or Investigator’s report) and/or Council’s disciplinary decision in the following circumstances: (1) the Council Review Meeting occurred in an Executive Session of Council, or (2) the Council Review Meeting occurred in a separate open public meeting prior to the open public meeting at which the discipline is imposed. c. If a majority-plus-one of the Council determines the severity of the violation(s) committed by a Subject Councilmember(s) is of such magnitude, OR that the Subject Councilmember(s) who was previously issued a verbal Reprimand commits subsequent violations, the Council may, in an open public session of the Council: i. By way of a formal resolution adopted by a majority-plus-one vote of the Council, issue a Public Censure of the Subject Councilmember(s) found to have committed a severe or subsequent violation(s). A Public Censure declares that a Subject Councilmember(s) has committed a violation(s) that requires admonishment greater than that provided for in a verbal Reprimand but does not require additional measures be taken. The Public Censure resolution shall include a description of the violation(s) and a copy of the hearing examiner’s findings and conclusions. In the case where the Subject Councilmember(s) did not timely request a hearing, then the resolution shall also include a copy of the Investigator’s report. Following the adoption of the Public Censure resolution, the Subject Councilmember(s) found to have committed a violation(s) shall be provided fifteen (15) minutes to speak to the hearing examiners findings, Investigator’s report, and/or Council’s disciplinary decision, but only in the following circumstances: (1) the Council Review Meeting occurred in an Executive Session of Council, or (2) the Council Review Meeting occurred in a separate open public meeting prior to the open public meeting at which the discipline is imposed. ii. By way of a formal resolution adopted by a majority-plus-one vote of the Council, Remove the Subject Councilmember(s) found to have committed a severe or subsequent violation(s) from his/her Council Committee assignments for a period of time deemed appropriate by a majority-plus-one vote of the Council. The Removal resolution shall include a description of the violation(s) and a copy of the Hearing Examiner’s findings and conclusions. In the case where the Subject Councilmember(s) City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | August 20, 2024 DRAFT Page 59 of 83 did not timely request a hearing, then the resolution shall also include a copy of the Investigator’s report. Following adoption of the Removal resolution, the Subject Councilmember(s) found to have committed a violation(s) shall be provided fifteen (15) minutes to speak to the hearing examiner’s findings, Investigator’s report, and/or Council’s disciplinary decision, but only in the following circumstances: (1) the Council Review Meeting occurred in an Executive Session of Council, or (2) the Council Review Meeting occurred in a separate open public meeting prior to the open public meeting at which the discipline is imposed. Nothing herein shall be construed as giving Council authority to remove a Councilmember from their position as a Councilmember. iii. By way of a formal resolution adopted by a majority-plus-one vote of the Council, Remove the Subject Councilmember(s) found to have committed a severe or subsequent violation(s) from her/his (a) Council Committee assignments, AND (b) assignments to non-City boards, committees, or commissions to which the City Mayor has authority to appoint members (with or without Council approval). Said removal shall be for a period of time deemed appropriate by a majority-plus-one vote of the Council. The Removal resolution shall include a description of the violation(s) and a copy of the hearing examiner’s findings and conclusions. In the case where the Subject Councilmember(s) did not timely request a hearing, then the resolution shall also include a copy of the Investigator’s report. Following adoption of the Removal resolution, the Subject Councilmember(s) found to have committed a violation(s) shall be provided fifteen (15) minutes to speak to the hearing examiner’s findings, Investigator’s report, and/or Council’s disciplinary decision, but only in the following circumstances: (1) the Council Review Meeting occurred in an Executive Session of Council, or (2) the Council Review Meeting occurred in a separate open public meeting prior to the open public meeting at which the discipline is imposed. Nothing herein shall be construed as giving Council authority to remove a Councilmember from their position as a Councilmember. Council does not have authority to overrule the hearing examiner’s findings of fact or conclusions whether Council Conduct Standards were violated. Council’s role is limited to determining whether and how to discipline the Subject Councilmember. NOTE: The application of one of the remedies described above shall not preclude the application of additional remedies described above or otherwise available at law. Furthermore, certain violations committed by a Councilmember(s) may be subject to prosecution or other legal action pursuant to Washington State law. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | August 20, 2024 DRAFT Page 60 of 83 If a Councilmember does not cease conduct that has been deemed in violation of the Council Conduct Standards, then the Council may direct city administration to pursue legal action to prevent ongoing violations, provided such an action is not prohibited by applicable law. In the event a Councilmember intentionally violates provisions of the Council Conduct Standards which cause harm or damages to the city, then the Council may by affirmative vote seek to recover those damages against the Councilmember on behalf of the city, provided such action is not prohibited by applicable law. 5.Appeal: If the Subject Councilmember had requested a hearing to contest the Investigator’s findings, then the Subject Councilmember may appeal the Hearing Examiner’s decision and the Council’s disciplinary decision to the Washington Superior Court for Spokane County (“Superior Court”), but only after completion of the Council Review Meeting. The Subject Councilmember must exhaust the available administrative remedies described herein prior to seeking an appeal in the Superior Court. A failure to request a hearing shall result in dismissal of an appeal to Superior Court. Appeal shall be by the Subject Councilmember filing a Petition for Review or other legally sufficient pleading with the Superior Court and delivering a copy of the Petition for Review to the city manager within ten (10) business days after the Council Review Meeting is completed. The manner in which the notice of appeal must be delivered to the city manager is the same as that required for a request for hearing before the city hearing examiner. City of Spokane Valley | Governance Manual | Chapter 5: Council Conduct Standards & Enforcement | August 20, 2024 DRAFT Page 61 of 83 Page 62 of 83 A. COPIES Councilmembers and the public are highly encouraged to access city documents electronically in order to decrease the amount of paper, toner, ink, etc. used in generating paper documents, thereby lowering city expenditures. Paper documents will always be made available upon request. While Councilmembers are permitted the use of city copy machines, paper, toner, ink, etc., they are limited to no more than a total of ten pages per week in advance of Council meetings. B. OUT-OF-STATE TRAVEL POLICY Out-of-state travel for city business involving more than one day requires Councilmembers to notify the City Council during a regular or special City Council meeting. All notifications of out-of-state travel should be made no later than one week prior to the beginning of the travel. Travel to Idaho or Oregon are exceptions to this provision. C. DRESS CODE POLICY Councilmembers should dress in business attire when publicly representing the City as a Councilmember, including at City Council meetings, during interviews, and when participating in any meetings with external attendees whether at City Hall or another location. Examples of business attire include skirts, dresses, slacks, khakis, trousers, blouses, collared shirts, button-down shirts, sport coats, blazers, and sweaters. Jeans, t-shirts, shorts, athletic wear, or sports clothing are not considered business attire and should not be worn. The exception to business attire may be at community events such as Valleyfest, Spokane Valley Farmers Market, etc. where casual clothing may be more appropriate. D. VOLUNTEERS/LEGISLATIVE ASSISTANTS Councilmembers are required to attend to their own duties and responsibilities and therefore, shall not advertise for or retain volunteer legislative assistants to conduct these duties. This provision is intended to prevent unauthorized access to City systems and facilities. If assistance is needed for certain tasks, Councilmembers are encouraged to discuss their needs with the City Manager, who may provide support depending on the staff’s current workload. City of Spokane Valley | Governance Manual | Chapter 6: General Considerations | August 20, 2024 DRAFT Page 63 of 83 Page 64 of 83 APPENDIX A Quasi-Judicial Hearings 1. Purpose Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the “record” developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig, MRSC Legal Consultant August 1998) 2. Specific Statutory Provisions a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, pursuant to RCW 42.36.040, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b. Ex-parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex-parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1) places on the record the substance of such verbal or written communications; and (2) provides that a public announcement of the content of the communication and of the parties’ rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) 3. Actions/Procedures for a Quasi-Judicial Public Hearing See Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures. City of Spokane Valley | Governance Manual | Appendix A: Quasi-Judicial Hearings | August 20, 2024 DRAFT Page 65 of 83 APPENDIX B Resolution 07-019 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 07-019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE, RESPONSIVE, AND OPEN GOVERNMENT WHEREAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged with promulgating Ordinances and Resolutions which become the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and state statutes and regulations; and WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; 27 as set forth below by adding new section 7. The Section 1. Modifying Resolution 03-0 remainder of the resolution 03-027 is unchanged: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public’s legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. City of Spokane Valley | Governance Manual | Appendix B: Resolution 07-019 Core Beliefs | August 20, 2024 DRAFT Page 66 of 83 Section 3.We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020. Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Section 5. We believe that the City of Spokane Valley’s governance should be known as “user friendly,” and that governance practices and general operations should consider how citizens will be served in the most responsive, effective and courteous manner. Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base. Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d) Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council, the staff, or the public. (e) Accepting the principle of majority rule and working to advance the success of “corporate” decisions. Section 8. We solicit the City Manager’s support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective, responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and City of Spokane Valley | Governance Manual | Appendix B: Resolution 07-019 Core Beliefs | August 20, 2024 DRAFT Page 67 of 83 financial capability of the city, including organizational and job description documents while pursuing “best practices” in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a database of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. th Approved by the City Council this 11 day of December, 2007. ATTEST: /s/ DIANA WILHITE______________________ Diana Wilhite, Mayor /s/ CHRISTINE BAINBRIDGE___________ Christine Bainbridge, City Clerk Approved as to form: /S/ MICHAEL F. CONNELLY___________ Office of the City Attorney City of Spokane Valley | Governance Manual | Appendix B: Resolution 07-019 Core Beliefs | August 20, 2024 DRAFT Page 68 of 83 APPENDIX C Statement of Ethics SPOKANE VALLEY CITY COUNCILMEMBERS’ STATEMENT OF ETHICS By adoption of the Resolution which adopts this Governance Manual, the Spokane Valley City Councilmembers hereby agree to be bound by the following rules of ethics: 1. DECLARATION OF PURPOSE: Provide guidelines and set high ethicalstandards for Councilmembers to perform their duties in an open, honest, and unbiased manner. Establish procedures for prevention and/or elimination of possible conflicts of interest. Improve and strengthen the public’s perception and trust in their local government. 2. DEFINITIONS: (a) Compensation: Anything of economic value regardless of amount, however designated, which is paid, loaned, advanced, granted, transferred, or gifted, or to be paid, loaned, advanced, granted, transferred or gifted for or in consideration of personal services to any person or that person’s immediate family as that term is defined in RCW 42.17A.005. (b) Contract: Includes any contract or agreement, sale, lease, purchase, or any combination of the foregoing. A contracting party is any person, partnership, association, cooperative, corporation, whether for profit or otherwise, or other business entity which is a party to a contract with a municipality. (c) Confidential Information: Includes any information provided during executive session to any Councilmember (whether written or oral), statements subject to the attorney-client privilege, and information considered exempt from disclosure under RCW 42.23 et seq. and/or the Washington Public Records Act (RCW 42.56 et seq.). 3. PROHIBITED CONDUCT: (a) Acceptance of Gifts: No Councilmember, based upon their position with the City of Spokane Valley, shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value regardless of the amount, as a gift, gratuity, or favor from any person or entity outside the City organization. Exceptions to this prohibition are if an item less than $50.00 value is provided to a Councilmember while that person is participating in business related to their position as a Councilmember. Campaign donations made and reported in conformance with Washington law are exempt from this provision. \[RCW 42.23.070\] City of Spokane Valley | Governance Manual | Appendix C: Statement of Ethics | August 20, 2024 DRAFT Page 69 of 83 (b)Interest in Contracts, Exceptions: Councilmembers must comply with all applicable provisions of RCW 42.23.030, including but not limited to those provisions prohibiting Councilmembers from being beneficially interested, directly or indirectly, in any contract where the City of Spokane Valley is named as a party to the contract; and preventing Councilmembers from accepting, directly or indirectly, any compensation, gratuity or reward in connection with such contract. This prohibition shall not apply to the exceptions specified in RCW 42.23.030 which are incorporated herein as if fully set forth. (c) Special Privileges Prohibited: Councilmembers are prohibited from using their position as a member of City Council to secure special privileges or exemptions for himself, herself, or others. (d) Conflict of Interest/Incompatible Service: No Councilmember shall engage in or accept private employment or render services for any person, or engage in any business or professional activity when (1) the Councilmember might reasonably expect doing so would require or induce them by reason of their official position to disclose confidential information acquired by reason of their official position, or (2) doing so is otherwise incompatible with the faithful discharge of his/her official duties as a Councilmember. (e) Confidential Information: Councilmembers are prohibited from disclosing confidential information acquired by reason of such official position, nor shall such information be used for the Councilmember’s personal gain or benefit. (f) Inappropriate Councilmember Intervention: Councilmembers shall not intervene or interfere with the administration or operation of the City’s executive branch of government in violation of Chapter 3 of the Governance Manual, paragraphs A.2 - .4 and/or B.3. PERSONAL OR PRIVATE INTERESTS, PUBLIC DISCLOSURE: Any Councilmember who has a financial or other private or personal interest in any ordinance, resolution, contract, proceeding, or other action pending before the City Council or any of its committees, shall promptly disclose such interest at the first public meeting when such matter is being considered by the City Council, and a summary of the nature of such interest shall be incorporated into the official minutes of the City Council proceedings. Any Councilmember who feels disqualified by reason of such interest in any matter before the City Council, shall make a public statement and disclose the reasons why that Councilmember feels disqualified, and state that they are recusing themselves from the issue, and with permission of the Presiding Officer, will leave the meeting place until such time as the issue at hand has been disposed of in the regular course of business. City of Spokane Valley | Governance Manual | Appendix C: Statement of Ethics | August 20, 2024 DRAFT Page 70 of 83 APPENDIX D Frequently Used Acronyms AACE American Association of Code Enforcement GAAP Generally Accepted Accounting Principles ADA Americans with Disabilities Act GASB Governmental Accounting Standards Board ADT Average Daily Traffic GIS Geographic Information System ATF Bureau of Alcohol, Tobacco and Firearms GMA Growth Management Act AWC Association of Washington Cities GPM Gallons Per Minute BOCC Board of County Commissioners HOV High-Occupancy Vehicle CAFR Comprehensive Annual Financial Report HR Human Resources CDBG Community Development Block Grant HUD Department of Housing & Urban Development CIP Capital Improvement Plan ICMA International City/County Management Assoc. CM City Manager L&I Department of Labor and Industries CMAQ Congestion Mitigation and Air Quality Program LID Local Improvement District CTR Commute Trip Reduction (legislation)MGD Million Gallons per Day CUP Conditional Use Permit MOA Memorandum of Agreement DEIS Draft Environmental Impact Statement MOU Memorandum of Understanding DEM Department of Emergency Management MPO Metropolitan Planning Organization DNR Department of Natural Resources MRSC Municipal Research Services Center DNS Declaration of Non-Significance NEPA National Environment Policy Act DOC Department of Commerce NIMBY Not In My Backyard DOE Department of Ecology; Department of Energy NPDES National Pollutant Discharge Elimination System DOT Department of Transportation (also WSDOT)PE Preliminary Engineering; Professional Engineer E911 Enhanced 911 PERC Public Employment Relations Commission EA Environment Assessment PMS Pavement Management System EDC Economic Development Council PPE Personal Protective Equipment EEO/AA Equal Employment Opportunity/Affirmative Action PPM Parts Per Million; Policy & Procedure Manual EEOC Equal Employment Opportunity Commission PUD Public Utility District EIS Environmental Impact Statement PW Public Works EOE Equal Opportunity Employer QA Quality Assurance EPA Environmental Protection Agency RCW Revised Code of Washington ERU Equivalent Residential Unit* REET Real Estate Excise Tax ESU Equivalent Service Unit**RONR Roberts Rules of Order Newly Revised F&WS Federal Fish & Wildlife Service ROW Right of Way FAA Federal Aviation Administration SAO State Auditor’s Office FCC Federal Communications Commission SBA Small Business Administration FEIS Final Environmental Impact Statement SEPA State Environmental Policy Act FEMA Federal Emergency Management Agency SMA Shorelines Management Act FICA Federal Insurance Contribution Act SWAC Solid Waste Advisory Committee FIRM Flood Insurance Rate Maps TIB Transportation Improvement Board FLSA Fair Labor Standards Act TMDL Total Maximum Daily Load FMSIB Freight Mobility Strategic Investment Boart UBC Uniform Building Code FY Fiscal Year UFC Uniform Fire Code UGA Urban Growth Area WHO World Health Organization WAC Washington Administrative Code WSDOT Washington State Department of Transportation WACO Washington Association of County Officials WSP Washington State Patrol Washington Utilities & Transportation Commission WCIA Washington Cities Insurance Authority WUTC WCMA Washington City/County Management Assoc.WWTP Wastewater Treatment Plant *for measuring water-sewer capacity and demand **for measuring stormwater utility fees City of Spokane Valley | Governance Manual | Appendix D: Frequently Used Acronyms | August 20, 2024 DRAFT Page 71 of 83 APPENDIX E CITY OF SPOKANE VALLEY 10210 E Sprague Avenue Spokane Valley WA 99206 (509) 720-5000 APPLICATION FOR INTERIM COUNCIL POSITION Thank you for your interest in serving the Spokane Valley community as an Interim Council Member. An Interim Council Member is the term used for someone to serve in a vacated council position until that vacated position can be filled as a result of the next general municipal election (held odd years) \[RCW 42.12.070\] To be considered, applicants must use this form. Applications shall be completed, signed, and received at the City Clerk’s office, 10210 E. Sprague Avenue, Spokane Valley WA no later than ________ p.m. on _____________________ (late arriving applications will not be considered). Applications may be hand-delivered or mailed. Faxed or e-mailed applications will not be accepted because the original application with the original signature must be received by the City. During the interview process, current Councilmembers will ask applicants several questions on a variety of topical subjects, which could include but are not limited to: budget, pavement preservation, transportation, infrastructure, public safety, economic development, planning and development, open space, familiarity with Council meetings, Open Public Meetings Act, Public Records Act, and Council/Manager form of government. Name (please print): _____________________________________________________________________ Complete Residence Address: _____________________________________________________________ Complete Mailing Address (if different from above) Length of Time at current Address U.S. Citizen? \[ \]yes \[ \]no WA State Registered Voter? \[ \]yes \[ \]no If you have lived at your current address less than one year, please list your previous addresses and state how long you lived at those residences: Complete Previous Address Length of Time at this Address City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | August 20, 2024 DRAFT Page 72 of 83 Which is your preferred way for us to contact you: \[Note: If you have an unlisted phone number, or do not wish your e-mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.\] \[ \] Home Phone __________________ \[ \] work phone ______________________ \[ \] Cell Phone ______________________ \[ \] other message phone _______________ \[ \] e-mail address: (please print plainly): _____________________________________________________ \[ \] regular mail to residence or mailing address shown above EMPLOYMENT: S tart with most recent 1. \[ \] present \[ \] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 2. \[ \] present \[ \] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 3. \[ \] present \[ \] previous Name of Employer: Address: Phone: Position held: Dates of Employment: City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | August 20, 2024 DRAFT Page 73 of 83 EDUCATION: Name of High School _____________________________ Address: _______________________________ Diploma or GED: \[ \] yes \[ \] no Trade School/College/University: Name of School _____________________________ Address: ___________________________________ Diploma: \[ \] yes \[ \] no Degree or Certification Earned: ___________________________ Trade School/College/University: Name of School _____________________________ Address: ___________________________________ Diploma: \[ \] yes \[ \] no Degree or Certification Earned: ___________________________ Other Certifications/Licenses: VOLUNTEER EXPERIENCE: name of social, fraternal, organizations, etc. 1. \[ \] current \[ \] previous_________________________________________________________________ 2. \[ \] current \[ \] previous_________________________________________________________________ 3. \[ \] current \[ \] previous_________________________________________________________________ 4. \[ \] current \[ \] previous_________________________________________________________________ 5. \[ \] current \[ \] previous_________________________________________________________________ LOCAL, STATE OR NATIONAL PROFESSIONAL ORGANIZATIONS, INCLUDING GOVERNMENT BOARDS, COMMITTEES, OR COMMISSIONS 1. \[ \] current \[ \] previous_________________________________________________________________ 2. \[ \] current \[ \] previous_________________________________________________________________ 3. \[ \] current \[ \] previous_________________________________________________________________ 4. \[ \] current \[ \] previous_________________________________________________________________ 5. \[ \] current \[ \] previous_________________________________________________________________ 1. Are you a registered voter in the City of Spokane Valley? Yes \[ \] No \[ \] 2. Have you continuously resided within the city limits of the City of Spokane Valley for a year or more? (State law requires a councilmember to be a resident of Spokane Valley for at least a year prior to appointment, and to be a registered voter at the time of application.) Yes \[ \] No \[ \] City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | August 20, 2024 DRAFT Page 74 of 83 3. Have you ever been convicted of anything other than a minor traffic infraction? Yes \[ \]No \[ \] 4. If you answered “YES” to #3 above, please explain: 5. Do you or your spouse or any immediate family member (spouse, children, siblings, parents) have a financial interest in, or are you an employee or officer of any business or agency which does business with the City of Spokane Valley? Yes \[ \] No \[ \] If yes, please explain: 6. Is any member of your immediate family currently employed, either full time or part time, by the City of Spokane Valley, or currently perform any volunteer work for the City of Spokane Valley? Yes \[ \] No \[ \] If yes, please explain: 7. Would your appointment create a conflict of interest or an appearance of a conflict of interest? Yes \[ \] No \[ \] If yes, please explain: 8. Why are you interested in serving in this position? 9. What do you feel is the primary responsibility of a Councilperson? ______________________________________________________________________________________ ______________________________________________________________________________________ City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | August 20, 2024 DRAFT Page 75 of 83 10. Have you ever attended a live meeting of the Spokane Valley City Council? Yes \[ \] No \[ \] If yes, give an estimate of how many meetings you have attended in the past twelve months: ___________________ 11. Appointment to the City Council will require your attendance at regularly scheduled Council meetings, which generally occur on Tuesday evenings, as well as other special meetings that may be scheduled from time to time. This meeting commitment includes preparation time, such as reading the Council packet materials. Councilmembers also participate on various boards and committees (such as Spokane Transit Authority, Visit Spokane, Health Board, etc.) as assigned by the Mayor and confirmed by Council. Many of these groups meet during regular work hours. Can you commit the appropriate time and energy to participate as an interim member of the Spokane Valley City Council? Yes \[ \] No \[ \] City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | August 20, 2024 DRAFT Page 76 of 83 12. References: Please list name, address and phone number: 1. _____________________________________________________________________________ 2. _____________________________________________________________________________ 3. _____________________________________________________________________________ Once submitted, applications and related materials become a public record subject to public disclosure, and could be included in Council agenda packets. Selection of the applicant must be approved by a majority vote of the remaining Councilmembers. No City officer shall hold any other office or employment within the Spokane Valley City government. By signing this application, I certify under penalty of perjury, that such appointment would not represent a conflict of interest or an appearance of a conflict of interest; that I recognize this application is subject to public disclosure; and that the information entered hereon by me is true and correct to the best of my knowledge and belief. ________________________________________________________ Signature Date Signed City of Spokane Valley | Governance Manual | Appendix E: Application for Council Member | August 20, 2024 DRAFT Page 77 of 83 APPENDIX F CITY COUNCIL 10210E Sprague Avenue | Spokane Valley WA 99206 Phone: (509) 720-5000 | Fax: (509) 720-5075 | www.spokanevalley.org Request to transfer travel/mileage/registration budgets between Councilmembers Requests must be approved by the Councilbefore funds are transferred. Date approved: Transfer fromTransfer to Councilmember’s nameCouncilmember’s name Budget CategoryAmountBudget CategoryAmount SignatureDateSignatureDate I, the Mayor of the City of Spokane Valley, certify that this request was approved by the City of Spokane Valley Council of the date identified above. Signature Date City of Spokane Valley | Governance Manual | Appendix F: Transfer Travel Allocation | August 20, 2024DRAFT Page 78 of 83 APPENDIX G Definitions Action All transactions of a governing body’s business, including receipt of public testimony, deliberations, discussions, considerations, reviews, and evaluations, as well as “final” action. \[RCW 42.30.010, 42.30.020(3)\]. Codified The process of forming a legal code (i.e., a municipal code or book of laws) by collecting and including the laws of a jurisdiction or municipality. Consensus A collective judgment or belief; solidarity of opinion: “The consensus of the group was that they should meet twice a month. General agreement or harmony. \[Random House Webster’s College Dictionary, April 2001\] \[Wikipedia: explains it as a group decision making process, or Does anyone object?\] It is not unanimity, but more a process for deciding what is best overall. Members of the group reach a decision to which they consent because they know it is the best one overall. It differs from voting which is a procedure for tallying preferences. It does not require each member of the group to justify their feelings. \[Taken from: Consensus Is Not Unanimity: Making Decisions Cooperatively, by Randy Schutt.”\] Similar to a type of verbal “show of hands” on who feels particularly strong on this?” Sometimes thought of as preliminary approval without taking final “action.” A show of hands is not an action that has any legal effect. \[“Voting and Taking Action in Closed Sessions” by Frayda Bulestein.\] Ex-parte From a one-sided or partisan point of view; on the application of one party alone. An ex-parte judicial proceeding is conducted for the benefit of only one party. Ex-parte may also describe contact with a person represented by an attorney, outside the presence of the attorney. Immediate Family Includes a spouse or domestic partner, dependent children, and other dependent relatives, if living in the household. For the purposes of the definition of "intermediary" in this section, "immediate family" means an individual's spouse or domestic partner, child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half-sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half-brother, sister, or half-sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person (RCW 42.17A.005(24)). City of Spokane Valley | Governance Manual | Appendix G: Definitions | August 20, 2024 DRAFT Page 79 of 83 Motion An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. Once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing state or federal statutes, City ordinances or resolutions. Ordinance An enacted ordinance is a law passed \[enacted\] by a municipal organization legislatively prescribing specific rules of organization or conduct relating to the corporate affairs of the municipality and those citizens and businesses therein. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. Special ordinances such as adopting the budget, vacating a street, amending the Comprehensive Plan and/or Map, and placing a matter on an election ballot, including general obligation bonds, are not codified into the City’s municipal code. Resolution An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. Regular Meeting Any Council meeting that meets on a Tuesday at 6:00 p.m. shall be deemed a “regular meeting.” Social Media A term used to define the various activities that integrate technology, social interaction and content creation. Through social media, individuals or collaborations of individuals create on-line web content, organize content, edit or comment on content, combine content, and share content. Includes many technologies and forms including syndicated web feeds, weblogs (blogs), wiki, photo-sharing, video-sharing, podcasts, and social networking. (From MRSC, and Social Media and Web 2.0 in Government, WebContent.gov) City of Spokane Valley | Governance Manual | Appendix G: Definitions | August 20, 2024 DRAFT Page 80 of 83 APPENDIX H Councilmember Social Media Policy OFFICIAL COUNCILMEMBER-SPECIFIC SOCIAL MEDIA ACCOUNTS Councilmembers may choose to create and maintain a Councilmember-specific social media account, such as on Facebook, X (formerly Twitter) and/or Instagram, to communicate with constituents as part of their Councilmember role. When doing so, Councilmembers agree to the following guidelines: Requirements: 1. Before setting up a social media account on any given platform, you must receive written verification from the city’s IT manager that the social media platform is sufficiently compatible with the city’s social media archiving platform to assure that all content, including posts and comments, is archived for public records retention. Such verification may be by email from the IT manager to you. If the IT manager does not provide the above verification, then you are not able to establish a Councilmember-specific account on that particular social media platform. 2. Create the account using your @SpokaneValleyWA.gov email alias. On Facebook, per Facebook policy, create a ‘page’ from your personal ‘profile’. 3. When creating Councilmember accounts, include: - Title including your official role of “Councilmember” in the name (Ex. Councilmember first last name) - Category of “Government Official” - Identifiable, official Councilmember photo (can be provided by city staff) - Disclaimer, “All content is mine and does not represent the views of the Spokane Valley City Council or City of Spokane Valley.” 4. Familiarize yourself with and adhere to the City of Spokane Valley Social Media Policy, outlined in Administrative Policy and Procedure No. 300.020 Communications Policy. 5. Contact the city’s IT manager regarding your new account(s) and provide the account handles. The IT manager or designee will associate your account with the city’s social media archiving platform, currently Page Freezer, to ensure that all content, including posts and comments, is archived for public records retention. Content may be public record if it relates to the conduct of government or the performance of your office. Costs for the social media archiving platform shall be deducted from each Councilmembers’ individual annual budgets. 6. Be aware that the Open Public Meetings Act (OPMA) applies to social media/electronic platform interactions between elected officials just as it does to in-person or phone interactions. Please do not have a discussion of agency business publicly or privately on City of Spokane Valley | Governance Manual | Appendix H: Social Media Policy | August 20, 2024 DRAFT Page 81 of 83 social media, because if it constitutes a quorum, you may be in violation of the OPMA. An OPMA prohibited meeting may be deemed to have occurred electronically when a quorum is ultimately involved and a discussion of city business occurs. 7. Be aware that all posts, comments and content are public records when they are set forth on an official city account and may constitute speech protected by the constitutions of Washington and the United States of America. Councilmembers shall not delete their posts, comments or content. Posts, comments or content of third parties on Councilmember’s official social media accounts shall not be deleted unless the content at issue violates the city’s Social Media Policy as outlined in Administrative Policy and Procedure No. 300.020 Communications Policy. 8. The Council desires to ensure Council remains in compliance with the OPMA. The Council therefore agrees that this policy prevents any individual Councilmember from (a) following another Councilmember’s social media accounts, and (b) engaging (such as liking, sharing, and commenting) on any fellow Councilmember’s social media pages. 9. A Councilmember shall not post content on any social media platform regarding the City (including but not limited to city business, projects or programs) that they know or should know is factually false at the time said content was posted. A Councilmember shall not encourage constituents and/or social media followers to post content on social media platforms that the Councilmember knows or should know is factually false. If a Councilmember posts factual information on a social media platform that they believed was accurate at the time of posting but later becomes aware that the information is false, then they shall correct the false statements immediately after they become or should have become, aware that the information is false. Such correction shall be completed by editing the original post clearly identifying the update or posting a new message on the same social aining false information, (2) the false information within the post, and (3) if known, the accurate factual information. Whether and/or when a Councilmember knew or should have known information is false is determined using the “reasonable person” standard. That is, a Councilmember “should have known” the information to be false when a reasonable person, under the same or similar circumstances, would have understood that the information is false. 10. Once a Councilmember term ends, close the page. All records will be archived through the city’s archiving platform. Recommendations: 11. For best practices, post regularly (suggested minimal post of once per week). Accounts that are not actively used should be closed or hidden. 12. Keep your followers informed of city events, projects and opportunities to get involved and inform city decision-making by sharing City of Spokane Valley social media messages. City of Spokane Valley | Governance Manual | Appendix H: Social Media Policy | August 20, 2024 DRAFT Page 82 of 83 PERSONAL OR CAMPAIGN SOCIAL MEDIA ACCOUNTS OF INDIVIDUAL COUNCILMEMBERS Councilmembers who maintain a personal or campaign social media account shall: 1. Use a personal or campaign email alias. Do not use an @SpokaneValleyWA.gov alias to set up and manage any personal or campaign account. State law prohibits the use of official city accounts for campaign purposes so all campaign-related social media communications must be made on personal or campaign accounts. Campaign purposes include supporting or opposing any candidate for public office and supporting or opposing any ballot proposition. 2.Post a disclaimer on your personal account that identifies the account purpose and that the opinions expressed are your own. 3. Not write posts on personal or campaign accounts that relate to the conduct of city government or the performance of your office. Merely posting Council agendas or information regarding city events or providing general information regarding the City’s activities is not conducting city business and will not convert your personal post or the posts of others into public records. Personal communications that are not related to the conduct of government or the performance of your office are not public records. However, if you use your personal account to transact city business, any posts or comments generated in doing so may be public records. 4. Not link private or campaign accounts to a city account, with the exception of Facebook requirements for setting up a Facebook page. 5. Refrain from discussing personal accounts in public meetings or documents. 6. Not use city devices to maintain or access private accounts. OFFICIAL CITY SOCIAL MEDIA ACCOUNTS City Administration creates and maintains official City of Spokane Valley social media accounts to: Share information about city projects, programs and events to keep the community informed with timely, accurate and transparent information. Disseminate decisions made by a vote of the City Council. Recruit community involvement and provide an environment where community members can freely exchange their views and inform city decision-making. In relation to the official city social media accounts, City Councilmembers shall have the following responsibilities: 1. Councilmembers are encouraged to share city posts and help amplify messaging to the broader community. City of Spokane Valley | Governance Manual | Appendix H: Social Media Policy | August 20, 2024 DRAFT Page 83 of 83 2.Councilmembers shall not post personal opinions. Rather, individual viewpoints could be shared on a Councilmember- 3. Councilmembers shall not post false information or misleading comments. 4. Councilmembers shall not violate someone’s privacy. 5. Councilmembers shall not discourage individual opinions from members of the community or post comments or other content that creates an environment of fear and intimidation. Violation of these provisions may result in the City Administration disabling commenting on the accounts and may be used to discipline offending Councilmembers after review per Chapter 5 of this manual. Resources City of Spokane Valley Social Media Policy Association of Washington Cities social media guidelines for elected officials MRSC social media policies City of Spokane Valley | Governance Manual | Appendix H: Social Media Policy | August 20, 2024 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 24-012 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING THE CITY OF SPOKANE VALLEY GOVERNANCE MANUAL. WHEREAS, written rules of procedure regarding how the City Council conducts its policy- making business for the City best ensure an atmosphere conducive to efficiency, uniformity and consistency; and WHEREAS, therules andproceduresadopted by the Council for conducting the policy- making business of the City need to be amended periodically to reflect changes in the law and practice of the Council. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Council last amended the City of Spokane Valley Governance Manual via Resolution 24-006 (hereinafter “Governance Manual”) on April 16, 2024. Section 2. The Council hereby repeals the aforementioned Governance Manual in its entirety, and replaces it with “City of Spokane Valley Governance Manual”, which contains Appendices to that Manual, all of which are attached hereto and incorporated herein. Section 3. Effective Date. This Resolution shall be in full force and effective upon adoption. th Adopted this 20 day of August, 2024. ATTEST: Marci Patterson, City Clerk Pam Haley, Mayor Approved as to Form: Office of the City Attorney Resolution 24-012 Governance Manual CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 20, 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: HCDAC Mayoral Appointment GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Admin Report on August 13, 2024 regarding the vacated position BACKGROUND: In 2023, the City entered into a three-year interlocal agreement (2024, 2025 and 2026) to participate in the Spokane County (County) Consortium for the Housing & Urban Development (HUD) Entitlement Funds including the Community Development Block Grant, the Home Investment Partnership Program (HOME) and the Emergency Solutions Grants (ESG). The Housing Community Development Advisory Committee (HCDAC) serves as an advisory committee to the Housing, and Community Development Division and to the Board of County Commissioners. The HCDAC reviews all of the funding proposals for housing, homeless, and community development administered by Spokane County including HUD entitlement funds. The HCDAC bylaws provide for up to four City representatives in the committee population. Currently, the following are serving in the committee: Deputy Mayor Tim Hattenburg Councilman Ben Wick Citizen representative Tom Hormel Vacant, position expired June 30, 2024 and one City staff. In January 2024, the Mayor decided to add a second council member to provide additional elected representation with the future step of restoring the staff position once the vacancy arose in June. Gloria Mantz, City Services Administrator, currently serves in several regional boards that advise on priorities and funding that support homeless, housing and community development goals including the Continuum of Care (CoC), the City of Spokane Community Housing and Human Services (CHHAS as a liaison for the CoC. She is also the non-voting ex-officio member for the City of Spokane Valley Homeless and Housing Task Force. Due to her participation in these regional boards, it is the Mayor recommendation to appoint Gloria Mantz for the vacant position in the HCDAC. The intent is for Gloria to help provide coordination and consistency between the various housing and homeless services boards. OPTIONS: RECOMMENDED ACTION OR MOTION: Move to approve the to appoint Gloria Mantz to the HCDAC for a term of three years. BUDGET/FINANCIAL IMPACTS: Not Applicable STAFF CONTACT: John Hohman, City Manager ATTACHMENTS: None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 20, 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: Council Goals and Priorities for Lodging Tax Advisory Committee (LTAC). GOVERNING LEGISLATION: State Law RCW 82.08 and 67.28; Spokane Valley Municipal Code 3.20 PREVIOUS COUNCIL ACTION TAKEN: An administrative report was presented to Council on this topic on July 30, 2024, and again on August 13, 2024. BACKGROUND: On July 30, 2024, an administrative report was delivered to Council that addressed the process leading to the annual award of lodging tax proceeds to applying organizations. Topics in the report included a discussion on the tax itself as well as the roles of th the Lodging Tax Advisory Committee (LTAC) and City Council. During the July 30 and August th 13 meetings, Council discussed potential modifications to the goals and priorities and allocation process. Staff is returning tonight with minor language changes and adjustments to the goals and priorities. The City completed the Tourism Strategic Plan and Project Development Prioritization in August 2023 after significant research and stakeholder meetings. Utilizing funding to support events and facilities that promote a strong tourism identity, especially around sports and outdoor recreation, is a key recommendation in this plan. The plan also recommended the City implement a marketing and branding program to position itself as a tourism destination. This Area, which generated about $1.3 million in revenue in 2023 to support destination marketing initiatives. In recognition of the recommendations form the Tourism Strategic Plan, staff recommended the prioritization of funding through the lodging tax process for capital projects to develop tourism assets as well as funding to promote sports-related events in the City. Staff has heard these recommendations echoed with community stakeholders as well. Application and Recommendation Process In discussions with various stakeholders regarding the lodging tax process, City staff have heard requests for additional changes, specifically in how available funding is communicated to potential applicants and the how to streamline the process of allocating funds. One major hurdle for applicants in the past has been the partial award of requested funds. In some cases, applicants have turned down the awards because they cannot complete the proposed project with a partial award and do not have additional funds available to make up the difference. Even if the applicants accepted the partial awards in the past, they have often expressed that there will be additional difficulties in delivering the project. In response to these discussions, staff have presented a change to the process and the approach the City uses to present the available funding to the LTAC and potential applicants. In order to strategically utilize the lodging tax revenue to increase tourism and better prepare applicants regarding funding options, the potential funding is to be designated into two categories (1) capital expenditures for tourism related facilities, and (2) marketing and operations of special events, and/or operations and marketing of tourism related facilities. Using Page 1 of 3 data from the last five years of Council awards from the 2% portion, staff calculated the average award in each of these categories, including the average transfer to Fund #104 for capital purposes. These averages were used to create proposed available funding in each category. Additionally, staff have outlined updated Council goals and priorities based on the Tourism Strategic Plan, stakeholder and LTAC feedback, and Council feedback. The 2025 application and award process will begin early fall of 2024 and will again be open to for-profit organizations as well as non-profit organizations for tourism promotion projects. application process, completing all required sections and submitting attachments. Staff will offer a technical assistance meeting to support potential applicants in the application process and address questions. After the submission deadline, staff will perform an administrative review of each application for completeness and to ensure they meet the eligibility requirements and fit into the appropriate category of funding according to state law. Following administrative review, staff will prepare a short analysis for each complete and eligible application. The staff analysis and applicant proposals will be provided to the LTAC for their review to assist in creating Council priority driven recommendations. Each applicant will then be asked to provide a presentation of highlights of their proposals and answer questions during the annual LTAC meeting. Staff will provide a worksheet to the LTAC to rank the proposals in each category, in order of priority. Staff will compile those rankings into a table with the top-ranked proposals in each category. Following any open deliberations, it is anticipated that the LTAC will make its recommendations based upon the outcome of the rankings. These recommendations will be presented to the City Council for final determination of awards in January 2025. Some key points to the recommendation process during the LTAC meeting are as follows: Committee members will rank the proposals in each of the three categories, from 1 to receive an allocation greater than their initial request. LTAC will independently rank projects and provide their recommendation on the allocation sheet to staff immediately following applicant presentations. Proposals tallied according to top ranking until funds are exhausted. As recommendations are made through committee discussion and a motion, the LTAC may choose to adjust the recommended awards by changing amounts in the ranked column, or recommend not awarding all the available funds Total awards cannot exceed available funding from that category or total across the available funds. The 2025 Budget is again being developed to set aside a transfer of up to $30,000 of lodging tax revenues to enhance CenterPlace advertising expenses. This lodging tax funding helps provide a marketing budget of $60,000. This budget is supported by area hoteliers. The Council is able to make this decision independent of the formal recommendation process from the LTAC because this represents a historical use by the City. Council Goals and Priorities for Use of Lodging Tax Annually Council discusses and adopts goals and priorities that it encourages the LTAC to consider when making award recommendations. Based on feedback from a variety of stakeholders, the LTAC members, and applying ies as well as Council thth discussion on July 30 and August 13, Council goals for the 2025 award year are as follows: 1. Council desires to direct awards toward funding projects, events, or festivals that will distinguish Spokane Valley as a tourism destination and result in measurable increases to Page 2 of 3 Spokane Valley tourism. As part of this goal, Council would like to prioritize funding new and innovative projects as well as existing programs that can show increasing self- sustainability. 2. Council desires to prioritize funding for capital expenditures to develop tourism destination facilities or venues within Spokane Valley and use lodging taxes in the following categories including suggested funding levels: a. Capital expenditures (must be a tourism related facility owned or operated by a municipality). Available funding for 2025 is $2,554,000. ($2M from the 1.3% portion and $554,000 from the 2% portion) b. Tourism marketing and operations for special events and festivals and/or the operations and marketing (not capital expenditures) of tourism related facilities owned and operated by non-profit organizations or municipalities. Available funding for 2025 is up to $339,000. 3. Council desires to prioritize projects with the greatest potential long-term impact to Spokane Valley tourism, including the economic impacts of all major components of the tourism- based economy such as overnight room nights in lodging businesses, shopping, and dining. 4. Council prefers fully funding requests in the capital expenditure category, to the extent possible. This will be accomplished by allocating funds through a prioritized ranking process. Partial funding of requests may also be recommended as determined appropriate by the LTAC and awarded in limited circumstances, particularly when evaluating the overall budget of the organization or if it becomes necessary to award any remaining funding in a particular category. OPTIONS: Approve Council goals and priorities for the use of lodging tax revenues, or other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve the Council goals and priorities for the use of lodging tax revenues as written. BUDGET/FINANCIAL IMPACTS: Estimated revenues in 2025 for the 2% portion of the lodging tax is currently budgeted at $900,000 and for the 1.3% portion at $600,000. We will be watching revenue collections closely as the year progresses and estimates will be updated as needed. Total expenditures are budgeted at $923,000 in Fund #105, including the $30,000 transfer to offset advertising at CenterPlace and a total of up to $893,000 to be allocated through this award process across the funding categories discussed in this RCA. The fund balance at the conclusion of 2025 is expected to be about $228,000 in Fund #105, which should be adequate to cover cash flow needs. There are currently no budgeted 2025 expenditures in Fund #104; however, if projects are awarded, expenditures will be added in a future budget amendment. We anticipate approximately $2 million to be available for awards in 2025. If we combine this with the $554,000 transfer to the capital category, a total of just over $2.5 million will be available to award for capital purposes. Currently, the estimated remaining fund balance at the end of 2025 is approximately $2.8 million, which is prior to any potential award of these funds. STAFF CONTACT: Sarah Farr, Accounting & Finance Program Manager ___________________________________________________________________________ ATTACHMENTS: None Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 20, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE:Admin Report–Broadlinc PDA Interlocal Agreement GOVERNING LEGISLATION: SVMC 3.35.10 – Contract Authority Chapter 39.34 RCW – Interlocal Cooperation Act PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The Spokane Regional Broadband Development Authority, Broadlinc, was established in 2022 by the Spokane County Commissioners. The purpose of Broadlinc is to coordinate with local governments, tribes, public and private organizations, non-profit organizations and consumer-owed and investor-owned utilities to develop strategies and plans for promoting the development of broadband infrastructure to underserved areas of the County. Broadlinc is currently managed by a 5-person governing board, consisting of one Spokane County Commissioner, the Spokane County Chief Executive Officer, the Spokane County Public Works Director, one elected representative appointed from towns/cities with populations under 50,000, and one elected representative appointed from cities having a population over 50,000. As a Public Development Authority (PDA), Broadlinc has the authority to seek and administer grant programs, seek public loan opportunities, and enter into both public-public and public- private partnerships to achieve its goals. One component of Broadlinc is the Broadband Action Team (BAT), an advisory group composed of dozens of business members and organizations helping to inform strategic initiatives for Broadlinc. Currently, BAT is focusing on: 1) broadband infrastructure enhancements for unserved and underserved populations, and 2) digital equity and access to increase broadband access among eligible populations. The City, as part of its Intelligent Transportation System (ITS), has developed corridors of fiber optic cable networks which provide broadband service to the City’s traffic control system network. To accommodate growth in the ITS system and the City’s ability to manage its traffic control system, the City has developed an overall ITS Master Plan. This Plan provides a framework for expansion of the City’s system to provide ITS facilities citywide. As noted above, one of the main priorities of Broadlinc is to partner with local governments to better the broadband coverage throughout the County. City staff and Broadlinc have identified areas where it would be beneficial for both entities to partner in expanding the City’s fiber optic network while allowing Broadlinc to expand its network and capabilities to attain its goals. The attached Draft Interlocal Agreement (ILA) provides for the City to become an active member of Broadlinc and develop the partnership between the City and Broadlinc to further both agency objectives. This ILA is similar to that executed by Broadlinc with the cities of Spokane, Airway Heights, Medical Lake and Deer Park, and the towns of Fairfield, Latah, Rockford and Waverly. Member agencies of Broadlinc are not responsible for the finances of Broadlinc as it is its own entity. Currently, the Broadlinc Board can only have one board member from a City with a population of over 50,000; the board position currently filled by the City of Spokane. Given the population of Spokane Valley and its relevance to the County, Council may want to consider requesting an additional board member for Spokane Valley. The presentation at the Council Meeting by the Broadlinc Executive Director and City staff will provide more information about Broadlinc’s goals and objectives and how a partnership with the City will benefit both entities. OPTIONS: Discussion only. RECOMMENDED ACTION OR MOTION: Seeking consensus to bring forth, at a future meeting, an Administrative Report detailing the proposed Interlocal Agreement with Broadlinc. BUDGET/FINANCIAL IMPACTS: There are no anticipated general fund budget or financial impacts to the City in regards to partnering with Broadlinc. However, partnering with Broadlinc may provide opportunities for Broadlinc and the City to seek grant funding to expand the City’s ITS infrastructure that will support Broadlinc’s goal of providing broadband service to the rural parts of the County. STAFF CONTACT: Bill Helbig, Public Works Director Ariane Schmidt, Executive Director, Broadlinc ATTACHMENTS: City Presentation Broadlinc Presentation DRAFT Broadlinc Interlocal Agreement AGENDA City ITS Fiber Optic Expansion AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND THE SPOKANE REGIONAL BROADBAND DEVELOPMENT AUTHORITY REGARDING NECESSARY OPEN ACCESS BROADBAND INFRASTRUCTURE, SERVICES DELIVERY ENHANCEMENTS AND DIGITAL EQUITY SOLUTIONS THIS INTERLOCAL AGREEMENT (this “Agreement”) is entered into this ____ day of ______________, 2024 (the “Effective Date”) by and between the CITY OF SPOKANE VALLEY, a Washington State municipal corporation, having offices for the transaction of business at 10210 E Sprague Ave, Spokane Valley, WA 99206, United States (as the “CITY”), and the SPOKANE REGIONAL BROADBAND DEVELOPMENT AUTHORITY, a quasi-municipal corporation created pursuant to RCW 35.21.730-.755, th having offices for the transaction of business at 4420 East 8Ave, Spokane Valley, WA 99212(as “BROADLINC”), who are hereinafter referred to as the “PARTIES.” W I T N E S S E T H: WHEREAS, the CITY OF SPOKANE VALLEY is a State of Washington non-charter code CITY organized and existing under the Constitution and laws of the State of Washington; and WHEREAS, Spokane County, acting through the Board of County Commissioners, approved Resolution 2022-0845 on December 13, 2022, which is attached hereto as Exhibit A and incorporated herein by this reference, which created the Spokane Regional Broadband Development Authority (a/k/a BROADLINC) to (i) oversee the acquisition of broadband assets/infrastructure, as lead or co-applicant (where most appropriate), on behalf of member cities and towns of Spokane County, (ii) administer broadband assets/infrastructure for shared use and benefit with the participating cities, towns and areas, and (iii) insure necessary broadband infrastructure and services delivery enhancements; and WHEREAS, Resolution 2022-0845 also adopted BROADLINC’s charter (the “Charter”), which is attached hereto as Exhibit B and incorporated herein by this reference, authorized the creation of corporate bylaws, and established a Board of Directors to govern its affairs; and WHEREAS, the PARTIES recognize the need to promote digital equity and inclusion that aims to ensure all people and communities have skills, technology and capacity needed to reap the full benefits of our digital economy; and WHEREAS, Resolution 2022-0845 and the Charter anticipate that various cities and towns will enter into interlocal agreements with BROADLINC for the sole purpose of planning, creating and maintaining regional broadband infrastructure capacity and service delivery expansion to such entities; and WHEREAS, Chapter 39.34 RCW (the “Interlocal Cooperation Act”) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate on the basis of mutual advantage; and WHEREAS, it is the desire of BROADLINC to enter into this Agreement with the CITY to assist BROADLINC in the administration, coordination, implementation, and deployment of broadband infrastructure and access within Spokane County. The purpose of such actions is to encourage, foster, develop, and improve affordable, quality broadband accessibility for underserved and unserved communities and populations including those where there is demonstrated digital equity needs; as set forth in this Agreement; and Interlocal Agreement August 2024 City of Spokane Valley / BROADLINC Page 1 of 6 WHEREAS, the PARTIES have entered into this Agreement in consideration of the mutual benefits to be derived and to coordinate their efforts through the structure provided by the Interlocal Cooperation Act. NOW, THEREFORE, the PARTIES hereby agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to allow BROADLINC to coordinate with the CITY in the development of strategies and plans that encourage, foster, develop, and improve affordable, quality broadband accessibility for underserved, and unserved communities and populations in Spokane County. SECTION 2: RESPONSIBILITIESOF THE PARTIES 2.1 CITY’s Responsibilities: The CITY’s obligations under this Agreement are to: (1) designate a primary point of contact for BROADLINC Executive Director; (2) coordinate the selection for the board position on the BROADLINC board from towns/cities having recorded populations over 50,000, as determined by the most recent US Census, which board membership shall be otherwise governed by BROADLINC’s Charter and bylaws; and (3) inform BROADLINC of broadband and digital equity related activities, including private internet service providers communicating with the City in conjunction with their broadband efforts. The CITY, within its sole discretion, shall determine the appropriate legislative or administrative action to effectuate the foregoing commitments. 2.2 BROADLINC’s Responsibilities: BROADLINC’s obligations are based on the responsibilities enumerated in the Resolution 2022-0845, Charter and its bylaws, and include the following: a) Oversee assets of BROADLINC. Additionally, and upon mutual agreement by the PARTIES, the CITY may convey, lease, and/or allow joint use of CITY owned broadband infrastructure to BROADLINC. b) Oversee and administer any grant awards in conjunction with other joint applicants and/or subrecipients. c) Oversee the Operating Entity for service delivery of Dark Fiber owned by BROADLINC. d) Oversee BROADLINC’s budget and ensure Member Agencies timely receive appropriate revenues. e) Pursue ongoing applicable funding, grants, and loans and other customary businesses opportunities for enhanced broadband service delivery in infrastructure enhancement and assurance of Digital Equity and Inclusion., f) Oversee the expansion of BROADLINC though the inclusion of additional participating municipal corporations, public entities, or municipalities (i.e. cities, towns, municipal corporations, public utility districts, quasi-municipal corporations, and special purpose districts) via Interlocal Cooperation Agreement(s). g) Lead strategic direction for broadband delivery, infrastructure and enhancements for the region, with the State Broadband Office, Federal units, and private sector integrations. h) Participate, as appropriate, in public/private partnerships discussion, such as franchise agreements related to the broadband industry within Spokane County. Interlocal Agreement August 2024 City of Spokane Valley / BROADLINC Page 2 of 6 i) BROADLINC shall submit a yearly budget, annual report of actuals and revenue proforma to CITY. SECTION NO. 3: DURATION This Agreement shall take effect on the Effective Date and shall continue unless one or all of the PARTIES give notice of termination as provided for in Section 9 of this Agreement, or unless BROADLINC terminates pursuant to Resolution 2022-0845, its Charter or State law SECTION NO. 4:COMPENSATION There shall be no direct compensation to or from either party. RELATIONSHIP OF THE PARTIES SECTION NO. 5: The PARTIES’ relationship is set forth in the Recitals of Spokane County Resolution 2022-0845, which is attached hereto as Exhibit A. The PARTIES do not intend to create any partnership, joint venture, or employment relationship, and this Agreement shall not be interpreted contrary to this intent. The rights and obligations of the PARTIES are identified in this Agreement, Exhibit A, and Exhibit B. In the event of a conflict between a term(s) of this Agreement and any provision(s) of Exhibit A and/or Exhibit B, the terms of this Agreement shall control. Where there is a conflict between a term(s) of Exhibit A and term(s) of Exhibit B, the term(s) of Exhibit A shall control. SECTION NO. 6: LIABILITY 6.1 BROADLINC hereby agrees to indemnify and hold harmless the CITY, its officers, and employees from any and all claims, actions, causes of action, judgments, or liens occasioned by or arising out of BROADLINC’s negligence or BROADLINC’s failure to comply with applicable laws in BROADLINC’s performance of this Agreement (except for any willful misconduct or negligence -- of the CITY and except for matters for which the CITY has agreed to indemnify BROADLINC hereunder) and to defend for and on behalf of the CITY, its officers and employees, at its own expense, any such claim or cause of action, and, in the event of recovery thereon, to pay any judgment or lien arising therefrom, including any and all costs as a part thereof. 6.2 The CITY hereby agrees to indemnify and hold harmless BROADLINC, its officers and employees from any and all claims, actions, causes of action, judgments or liens occasioned by or arising out of the CITY’s negligence or the CITY’s failure to comply with applicable laws in the CITY’s performance of this Agreement (except for any willful misconduct or negligence of BROADLINC and except for matters for which BROADLINC has agreed to indemnify the CITY hereunder), and to defend for and on behalf of BROADLINC, its officers and employees, at its own expense, any such claim or cause of action, and, in the event of recovery thereon, to pay any judgment or lien arising therefrom, including any and all costs as a part thereof. 6.3 As BROADLINC’s activities, operations, and assets change, the BROADLINC agrees to acquire and maintain appropriate insurance, including but not limited to public liability insurance and errors and omissions insurance, in an amount as specified by the CITY and approved by the appropriate CITY department sufficient to cover potential claims that may arise from or be related to BROADLINC’s projects or activities. BROADLINC agrees to name the CITY as an additional insured on such insurance policies. Interlocal Agreement August 2024 City of Spokane Valley / BROADLINC Page 3 of 6 6.4 Pursuant to state law, the PARTIES expressly understand and agree that any obligation or liability arising out of and/or incurred by either party by reason of this Agreement, or the carrying out of any activity in connection therewith, shall be satisfied exclusively from the assets and credit of the party incurring such liability or obligation, and no creditor or any other person or entity shall have any recourse to any of the assets, credit, or services of the CITY or Spokane County on account of any debts, obligations, or liabilities of BROADLINC. No member of the Board, other officer, employee or agent of BROADLINC shall be individually and personally liable on any obligation assumed by BROADLINC by this Agreement, nor shall any Board member, other officer, employee or agent be individually and personally liable on any obligation assumed by the CITY by this Agreement. SECTION NO. 7: NOTICES All notices shall be in writing and served on the other party either personally or by certified mail, return receipt requested. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. CITY: City Manager or Designee CITY OF SPOKANE VALLEY 10210 E Sprague Ave Spokane Valley, WA 99206, United States BROADLINC: Executive Director BROADLINC Public Development th 4420 East 8 Ave Spokane Valley, WA 99212 SECTION NO. 8: ANTI-KICKBACK No officer or employee of either party hereto, having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Agreement. SECTION NO. 9: TERMINATION Except as otherwise contemplated by Section 3 above, there shall be no specific termination date applicable to this Agreement. However, either party may, solely within its own discretion, terminate this Agreement with one hundred and eighty days’ written notice to the non-terminating party. SECTION NO. 10: MISCELLANEOUS 10.1 Non-Waiver: No waiver by either party of any of the terms of this Agreement shall be construed as a waiver of the same or other rights of that party in the future. 10.2 Headings: Headings are inserted for convenience of reference only and are not to be deemed part of or to be used in construing this Agreement. Interlocal Agreement August 2024 City of Spokane Valley / BROADLINC Page 4 of 6 10.3 Entire Agreement: This Agreement contains the entire understanding of the PARTIES. No representation, promises, or agreements not expressed herein have been made to induce either party to sign this Agreement. 10.4 Modification: No modification or amendment to this Agreement shall be valid until put in writing and signed with the same formalities as this Agreement. 10.5 Assignment: This Agreement shall be binding upon the PARTIES, their successors and assigns. Neither party may assign, transfer, or subcontract its interest in this Agreement without the written approval of the other party. 10.6 Severability: In the event any portion of this Agreement should become invalid or unenforceable, the rest of the Agreement shall remain in full force and effect. 10.7 Compliance With Laws: The PARTIES shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. 10.8 Non-Discrimination: No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this Agreement because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation, national origin, the presence of any sensory, mental or physical disability, or use of a service animal by a disabled person. 10.9 Venue: This Agreement shall be under the laws Washington State. Any action at law, suit in equity or judicial proceeding regarding this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. 10.11 Counterparts: This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. 10.12 Undefined or Conflicting Terms: Any capitalized terms that are otherwise undefined herein shall take the meaning assigned in the attached Resolution 2022-0845 or Charter. In the event of a conflict between the terms of this Agreement and Resolution 2022-0845 or the Charter; Resolution 2022-0845 shall control, the Charter shall be second in priority followed by this Agreement. SECTION NO. 11: RCW 39.34 REQUIRED CLAUSES 11.1 Purpose: See Section No. 1 above. 11.2 Duration: See Section No. 3 above. 11.3 Organization of Separate Entity and its Powers: No new or separate legal or administrative entity will be created to administer the provisions of this Agreement. 11.4 Responsibilities of the Parties: See Section No. 2 above. 11.5 Agreement to be Filed: The CITY shall file this Agreement with its CITY Clerk or place it on its web site or other electronically retrievable public source. Interlocal Agreement August 2024 City of Spokane Valley / BROADLINC Page 5 of 6 11.6 Financing: To the extent applicable, each party shall be responsible for the financing of its contractual obligations under its normal budgetary process. 11.7 Termination: See Section No. 9 above. 11.8 Property Upon Termination: Title to all property acquired by BROADLINC under this Agreement shall remain with BROADLINC, unless otherwise provided for in Ordinance No. 2022-0845 or as otherwise agreed to in writing by the PARTIES. Title to all property acquired by the CITY shall remain with the City, unless otherwise agreed to in writing by the PARTIES. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed as of the Effective Date first written above. CITY OF SPOKANE VALLEY John Hohman City Manager Attest: Approved as to form: _____________________________ _______________________________ Marci Patterson Kelly Konkright City Clerk CityAttorney BROADLINC By: ____________________________ Its: ____________________________ Interlocal Agreement August 2024 City of Spokane Valley / BROADLINC Page 6 of 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 20, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. reportpending legislation executive session AGENDA ITEM TITLE: American Rescue Plan Act (ARPA)/CLFR Funds Update GOVERNING LEGISLATION: 42 U.S.C. § 803; 31 C.F.R. Part 35. PREVIOUS COUNCIL ACTION TAKEN: Numerous City Council meetings from 2021 through 2024. Of note, on May 31, 2022, City Council gave consensus for the allocation of all City ARPA funds towards various purposes, and has since re-allocated a portion of funding between categories. These will be discussed in further detail below. BACKGROUND: On March 11, 2021, the President signed the American Rescue Plan Act (“ARPA”) into law. ARPA provided for a wide variety of funding for a variety of purposes, including direct assistance to small businesses, for homeless and affordable housing purposes, and to state and local governments. Importantly for the City, ARPA established the Coronavirus State and Local Fiscal Recovery Funds and allocated $350 billion to these accounts to assist state and local governments in meeting pandemic response needs and rebuilding the economy. Recipient governments across the country are investing these funds to address the unique needs of their local communities and build a strong, resilient, and equitable recovery by making investments that support long term growth and opportunity. The City of Spokane Valley received approximately $16 million from the Coronavirus Local Fiscal Recovery Fund (“CLFR”). Council has had multiple discussions regarding use of CLFR funds and how to allocate the City’s award. A list of the current allocations is attached to this RCA. Since May 31, 2021, there has been extensive work by City Council and staff in getting CLFR funds obligated through contracts and expended. On February 8, 2022, Council agreed to a CLFR subcommittee consisting of three Councilmembers to review, identify, and provide guidance on allocation and distribution options for CLFR funding. The CLFR subcommittee met numerous times to hear from various stakeholders and potential recipients and to develop a draft allocation as an initial starting point for full City Council discussions. One of the categories of allowable uses of CLFR funding is to replace lost revenue as a result of the pandemic. The United States Treasury has provided a formula and guidance on how to calculate lost revenue. Based on the formula, the City calculated that the entire $16 million of the City’s share of CLFR funds may be used for any governmental service to replace lost revenue. This streamlines the reporting and ensures compliance with all CLFR requirements. Although the City calculated lost revenue in the corresponding years according to the CLFR formula, the City maintained a balanced budget during that time and thus use of CLFR funds for city services freed up a corresponding amount of non-federal general fund revenue to be used for the purposes discussed in this report. The City has primarily used these funds towards its ongoing law enforcement contract costs and has expended approximately $15 million to date for “revenue replacement” purposes. As a result, the City identified a corresponding amount of general fund revenue available for use by City Council towards other projects or community needs. The City has utilized that available general fund revenue towards the Innovia LaunchNW program, Partners Inland NW property acquisition project, Spokane Performing Arts Center project, the Affordable Housing/Homeless Services Grants, Law Enforcement Assistance, Sprague Avenue Stormwater Improvement project, and potential land acquisition categories, discussed in more detail below. Page 1 of 4 The City also used a small amount of ARPA/CLFR direct, federal funds for eligible use categories and programs including internal city costs, the Buckeye Avenue Sewer Extension, and the Regional Safe Streets Task Force Overtime project. Eligible expenses must be incurred by the City between March 3, 2021 and December 31, 2024. An expense is considered incurred if it is obligated by December 31, 2024. All obligated funds must be expended by December 31, 2026. The purpose of this report is to update City Council on the status of the City’s ARPA/CLFR funds and to get City Council direction on allocating remaining balances of funding due to under spending in previously allocated categories. Update on Allocated Funds: General Government Funds from CLFR Revenue Replacement Categories: Law Enforcement Assistance($1,860,705 total allocation): In late summer of 2022, City Council gave consensus to use CLFR funds to purchase a camera trailer for $79,840. The first camera trailer was purchased in fall of 2022, and after the Buckeye Sewer project was completed for less than the original, anticipated cost, in March of 2023 Council approved the remaining $117,848 to be reallocated to the Law Enforcement category to help cover the cost of the second camera trailer. Other law enforcement projects currently underway include the purchase and installation of cameras in City parks and trails. Finally, City Council reached consensus in February 2024 to reallocate $1 million from the Mental Health Assistance/Learning Support category to the Law Enforcement category. Council earmarked this funding for the purchase of law enforcement vehicles and equipment. The $1,860,705 total in the Law Enforcement category includes both the $117,848 re-allocation from the Buckeye Sewer project and the $1 million reallocation from the Mental Health category. Staff continue to work with Chief Ellis on developing options for use of the remaining available funding in this category towards law enforcement purposes. Innovia Launch NW ($1,000,000 allocation): On December 13, 2022, City Council approved a contract to award Innovia Foundation $1,000,000 towards its Launch NW initiative to provide assistance to youth at various levels to increase the number of youth attending post-secondary education, vocational/trade education, or training. The grant agreement will run through 2026 and costs are paid on a reimbursement basis. Idaho Central Spokane Valley Performing Arts Center ($785,714 allocation): On May 31, 2022, the Council allocated $785,714 to support the Idaho Central Spokane Valley Performing Arts Center in the construction of its new facility in Spokane Valley. The CLFR Subcommittee agreed that it was a strong asset for economic development and the arts within Spokane Valley. The City funding was spent on the building foundation and infrastructure (sewer, water, electrical, etc.). The organization has recently provided a report to Council and addressed the delays to the project, explained a new phased building plan, and noted that ICSVPAC has now contracted with Walker Construction and expects to resume work on the site early fall 2024. The center is currently scheduled to open in fall 2025. Partners Inland NW ($4,000,000 allocation): Partners Inland NW proposed a new facility to provide a variety of services to moderate to low-income people, including a food bank with substantial warehouse space, clothing and diaper bank, and other necessary services. Partners also applied to Spokane County to receive some of the County’s CLFR funds toward this property acquisition. On December 13, 2022, City Council approved a contract to award Partners Inland NW (formerly known as Spokane Valley Partners) $4 million towards purchase of a new facility located at 17002 East Sprague Partners finalized the purchase in February of 2023, and have been using a portion of the building to store some inventory for their food and diaper programs. In a recent update to Council, the organization reported that it is in the process of securing additional funding to finish renovating the space and anticipates occupancy sometime during 2026. Sewer/Stormwater Infrastructure – Sprague Ave Stormwater Improvements (1,379,386 allocation): City Council approved the Sprague Avenue stormwater project from University to Herald. The project will Page 2 of 4 provide aquifer quality protection by enhancing roadway runoff prior to infiltration, reduce the number of travel lanes on Sprague Avenue from University Road to Park Road, and install more efficient stormwater facilities. Additionally, lane reduction reduces the amount of pollution generating surface that discharges to aquifer. This project is anticipated to be completed this fall and will utilize a portion of City CLFR funds freed up through the revenue replacement process. Affordable Housing/Homeless Services ($3,998,535 allocation): City Council allocated $3,998,535 towards affordable housing and homeless services. The CLFR Subcommittee met with the Spokane Housing Authority to discuss affordable housing funding opportunities. Additionally, staff met with Habitat for Humanity and had multiple conversations with Word of Faith Christian Center. Spokane Housing Authority and Habitat for Humanity both indicated that land acquisition is a critical component. However, all identified a need and possible use for “gap” funding, and so the CLFR Subcommittee felt that an affordable housing RFP would allow affordable housing providers to identify projects and needs to best utilize the CLFR money. This allocation was intended to be used for a variety of possible options, including direct acquisition by the City of property for such projects or other City projects, or through awards to applicants as part of an RFP process. All proposals were subject to City Council approval. Notably, Council had allocated $5,998,535 to this purpose, but in January 2023 further specified that $2 million be withheld for land acquisition by the City, and the amount available to be funded through the RFP be limited to the remaining $3,998,535. Council reached consensus to reallocate the $2 million to City land acquisition for affordable housing purposes on January 17, 2023. This is discussed in the next category. The City released an Affordable Housing and Homeless Services RFP in January of 2023, and in May of 2023 Council allocated funding to five organizations who best fit within the scope of the Council’s priorities to carry out the purposes of affordable housing and/or homeless services identified in the applicant’s respective proposals. Council allocated grants to the following organizations: Family Promise - $1.1 million Reclaim - $1.46 million Habitat for Humanity - $471,728 Volunteers of America – Crosswalk 2.0 - $500,000 SNAP – Broadway Senior Housing - $471,729 On July 30, 2024, Council heard updates from two of these grant recipients on the progress of their projects and programs. The City anticipates facilitating a presentation from the other recipients to update the Council on their projects at an upcoming Council meeting. Land Acquisition – ($2,000,000 allocation): Council identified that there is a significant need for land to be used toward projects to support affordable housing, as discussed in the previous section above. Further, utilizing general fund money through the revenue replacement process to purchase land allows the funds to be used within the required time period, minimizes reporting and audit compliance issues, and allows stakeholders to work on their projects without constraints associated with federal funding. Such land would be purchased primarily for affordable housing and any property acquisition would be subject to City nd Council approval. In March of 2024, the City finalized the purchase of the property at 2and Carnahan and is in the process of developing an affordable housing RFP to be released in the fall of 2024. Approximately $1.3 million remains in this category for future land acquisition to support affordable housing purposes. Direct Federally Funded Eligible Categories: Internal City Costs ($250,000 allocation): The City has utilized funds from this allocation to pay for staff payroll costs for CLFR administration, some extra cleaning costs in 2021 and 2022 for City facilities due to the COVID-19 pandemic, outside legal fees for Pacifica Law Group to assist with compliance, and for CliftonLarsonAllen (CLA) to provide an ARPA grant web portal and consulting services related to RFP processing and awards. The City has currently spent about $134,000 for these types of activities and does Page 3 of 4 not anticipate additional needs in this category. That being the case, staff is seeking Council direction on reallocating the remaining $116,270 to another use. Buckeye Sewer Project ($750,000 allocation): The City completed the Buckeye Sewer Project in 2022. The project provided necessary sewer infrastructure to existing parcels, both developed and undeveloped, that otherwise require septic systems for managing wastewater. It also provided water quality protection and nonpoint source pollution management to the Spokane Valley-Rathdrum Prairie Aquifer. The total costs for the project were $632,151. The remaining $117,848 was reallocated in March 2023 to the Law Enforcement category, of which approximately $80,000 was used to fund the acquisition of a second camera trailer. The remaining $38,000 is now incorporated into the general government funds law enforcement category in which the specific purpose will be identified at a later date. Law Enforcement – Regional Safe Streets Task Force Specific ($100,000 allocation): On September 27, 2022, City Council approved use of $100,000 to pay for additional overtime emphasis patrols as part of the Regional Safe Streets Task Force. Those patrols have been ongoing and in September of 2023, Council approved a contract extension through December 2024. This project is under the direct federal funding category of Community Violence Intervention. The total amount expended as of this report is just over $86,000 and the City anticipates expending the remaining $14,000 under this contract. Council Direction on Reallocation of Funds: As indicated above under the Internal City Costs category, staff have identified about $116,270 that is not anticipated to be needed in the originally allocated category. This being the case, staff is seeking Council direction on how this funding should be reallocated. One option would be to reallocate this amount to the Law Enforcement Assistance category, which would bring that total allocation from $1,860,705 to $1,976,976. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Staff is seeking consensus to reallocate the amount remaining in the Internal City Costs category to the Law Enforcement Assistance category, which would bring that total Law Enforcement allocation in the general government funds from revenue replacement from $1,860,705 to $1,976,976. Staff will plan to bring that item forward for a motion at a later date. BUDGET/FINANCIAL IMPACTS: Approximately $16 million added to budget for eligible expenses over the lifetime of the various uses and contracts. STAFF CONTACT: Sarah Farr, Accounting & Finance Program Manager ___________________________________________________________________________ ATTACHMENTS: PowerPoint Presentation Allocation and Expenditure Summary August 2024 Page 4 of 4 UPDATE ON ALLOCATED FUNDS CENTER $785,714 IDAHO CENTRAL SPOKANE VALLEY PERFORMING ARTS SPRAGUE AVENUE STORMWATER IMPROVEMENTS 8/14/2024 (2) (3) -- - 996.87 13,785.40 701,024.40819,897.00116,270.38 130,055.78 Unspent 1,000,000.001,379,386.002,399,431.391,360,000.00 7,660,735.66 7,790,791.44 --- 86,214.60 158,683.95180,103.00785,714.00640,000.00133,729.62632,151.78 852,096.00 4,000,000.001,599,103.61 7,363,604.56 Expended 8,215,700.56 159,680.82701,024.40785,714.00250,000.00632,151.78100,000.00 982,151.78 1,000,000.001,000,000.004,000,000.001,379,386.003,998,535.002,000,000.00 Allocated 15,024,340.22 16,006,492.00 : (1) (1) : ($5,998,535 total) (1) (1) (1) ($1,860,705 total) (1)(3) P:\\Finance\\COVID 19\\American Rescue Plan\\Council Meetings\\2024 08 20\\CLFR Summary Expenditures Worksheet for Admin Rpt to Council Camera TrailerPark/Trail Cameras & Other LE AssistancePublic Safety - Vehicles and EquipCity land acquisition for affordable housing projectsBuckeye Ave Sewer Extension Project Affordable Housing/Homeless Services RFPs Law Enforcement Assistance Innovia Foundation/LaunchNW Spokane Valley Performing Arts Center Spokane Valley Partners - New Facility Sprague Ave Stormwater ImprovementsAffordable Housing/Homelessness/ Land Acqu. Internal City Costs Sewer/Stormwater Infrastructure:Regional Safe Streets "Gang Task Force" Overtime The City has entered into contracts/grant agreements with providers for these allocations Reallocated to LE - Council consensus February 27, 2024Council to reallocate if consensus reached (1)(2)(3) General Gov Revenue Replacement SubtotalEligible Programs Subtotal General Governmental Purposes (Revenue Loss/Revenue Replacement)CLFR Eligible ProgramsTOTAL CLFR ALLOCATIONS CITY OF SPOKANE VALLEY, WACoronavirus Local Fiscal Recovery Funds (CLFR)Allocation and Expenditure Summary CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 20, 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: Pavement Preservation Fund #311 Discussion GOVERNING LEGISLATION: Spokane Valley Municipal Code Chapter 3.30.210 PREVIOUS COUNCIL ACTION TAKEN: Passage of Ordinance 10-022 on October 12, 2010, which adopted the 2011 Budget and created Fund #311. Annual passage of the City’s Budget which includes the description, funding policy, and allowed expenditures along with the annual budget. BACKGROUND: History: The Pavement Preservation Fund #311 was created during the 2011 Budget development process for the purpose of setting money aside for yet to be determined street capital improvement projects. Since inception, the pavement preservation program has been funded through a series of transfers from other City funds as well as grant proceeds. Below is a table and chart summarizing the funding sources for Fund #311, including actuals for 2011 through 2023 and budgeted amounts for 2024: Fund 001101106123301/302310 StreetCivic Fac.Civic Fac. GeneralStreet O&MWear FeeReplace.REET 1&2CapitalGrantsTotal Actual 2011584,6810000500,00001,084,681 20122,045,2030000002,045,203 2013855,857282,0000616,284300,000035,9452,090,086 2014888,823282,0000616,284368,94402,042,6654,198,716 2015920,000206,6180616,284502,0980835,2243,080,224 2016943,80067,3420559,808730,57201,654,6983,956,220 2017953,20067,342001,320,958089,2082,430,708 2018962,70067,3421,000,00001,370,65801,422,4044,823,104 2019972,30001,608,02801,468,60002,398,3306,447,258 2020982,02301,513,53201,545,277098,2814,139,113 2021991,84301,537,77601,654,557004,184,176 20221,001,80003,19401,465,14102,052,1754,522,310 20231,011,8001,372,761001,654,55702,643,9156,683,033 Budget 20241,021,9000002,340,700003,362,600 14,135,9302,345,4055,662,5302,408,66014,722,062500,00013,272,84553,047,432 Beginning in 2013, the City committed to finance pavement preservation at a level equivalent to 6% of General Fundrecurring expenditures, which has continued from that year through the 2024 budget development. The initial source for the funding amounts was the General Fund #001, the Street O&M Fund #101, the Civic Facilities Replacement Fund #123, and Real Estate Excise Tax (REET)Funds #301 and #302. The fund balance of the Civic Facilities Replacement Fund #123 was exhausted in2016, and the Street Fund #101 could no longer afford to contribute after 2018 due to revenue shortfalls in that Fund. This left just the General Fund and REET Funds to contribute to the 6% funding policy from 2019 forward with the General Fund contributing approximately$1 million annually and REET providing the remainder at an increasing amount from 2017 onwards. In 2018 the City implemented a street wear fee on the solid waste collection contract. This fee was collected in the Solid Waste Fund #106 from 2018 through 2021and transferred to Fund #311.Council specifically allocated those fundsfor use only on local street preservation projects at that time. Council approved the shift of the street wear fee to the Street Fund #101 starting in 2022. Because the Pavement Preservation Fund #311is a Capital Project Fund whose sole purpose is to provide for Pavement Preservation projects, any money not expended in anygiven year remainsin the Fund and isavailable for re-appropriation in subsequent yearsfor future projects. In looking at the last 5 years of activity, approximately 28% of project expenditures in this Fund were financed with grant proceeds, 35% with REET funds, and 17% with city funds (amounts transferred to Fund #311 from unrestricted sources such as the General Fund). Of the amounts expenditures of city funds, about 35% were used as matching funds on grantfunded projects. Current Status: Starting in 2016 during the 2017 Budget development process, staff began communicatingthat the increased reliance on REET to fund pavement management projects in Fund #311 could start to limit matching funds available for other types of construction projects (such as sidewalks or street reconstruction). However, stronger than expected REET collections were seen through 2022 which bolstered fund balances in Funds #301 and #302. REET collections dropped down to more historical averages in 2023. As the City is working on developing the 2025 Budget, the General Fund is seeing increasing expenditures due to inflation along with flattening revenue collections. This has called into question the General Fund’s ability to continue contributing to funding pavement preservation projects in Fund #311. The preliminary budget worksheets included for the 2025 Budget Workshop on June 11, 2024, indicated that this contribution may need to be eliminated in order to maintain the policy of having recurring revenues in excess of recurring expenditures in the General Fund. If the City maintains the policy of funding the Pavement Preservation Fund #311 at the equivalent of 6% of General Fund recurring expenditures and the General Fund is no longer contributing to Fund #311, staff projects that REET balances will be depleted by 2027. This being the case, the current funding policy is not feasible without additional revenues. Future Funding Decisions: Staff is seeking Council direction on how to manage future funding contributions for the Pavement Management Program for the 2025 Budget development and beyond. The choice for future funding is between continuing with the current funding strategy of the equivalent of 6% of General Fund recuring expenditures or not. If the current funding strategy were to be continued, the General Fund would contribute $1,032,100 and REET would contribute $2,744,300. However, the General Fund could not afford this contribution without the implementation of additional revenues. Potential additional revenue sources include: Transportation Benefit District 0.1% Sales Tax – $3.8 million based on 2023 collections. Council may approve this amount without a vote, and about 48% of retail spending in the City is attributable to non-residents. Property Tax Banked Capacity – $1.2 million. Council may approved through the property tax levy process. Utility Tax – revenue estimates range from $107,000 to $8.4 million depending on rates and utilities being taxed. Council may approve without a vote. Public Safety 0.1% Sales Tax – $2.7 million based on 2023 collections. Must be approved by vote, and about 48% of retail spending in the City is attributable to non-residents. The deadline to include this on the November election is August 6. o NOTE: This tax would be restricted for public safety expenditure purposes. However, additional funding in the General Fund may allow continued contributions to the pavement management program from other General Fund sources. If no additional revenue sources are implemented, the Pavement Management Program would need to operate at a lower service level due to more limited funding. REET funds would need to be monitored to verify sustainability of the program on a project-by-project basis and would be prioritized toward arterial streets that are grant eligible. This would mean reducing or eliminating preservation work on collectors and residential streets, which will in turn increase the cost to rehabilitate those streets in the future as they will age and deteriorate faster than the City can afford to fix them. At the discretion of City Council, one-time funds (such as amounts from the Capital Reserve Fund #312) could be allocated to local street projects and other City funded street projects as they are available. OPTIONS: Discussion of future funding of the Pavement Management Program, including potential new revenue implementation, and the possible consolidation of street capital project budgeting and accounting. RECOMMENDED ACTION OR MOTION: Council consensus on whether to continue the current funding policy for the Pavement Management Program, and if so, consensus on what funding option(s) Council would like to pursue or any other applicable option at Council’s discretion. BUDGET/FINANCIAL IMPACTS: Impacts of funding levels are presented above. Council direction will guide future development of the 2025 Budget. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: PowerPoint Presentation AGENDA 2011: The Pavement Preservation Fund #311 was created during budget process2013: Council committed to allocating funds in Fund #311 at a level equivalent to 6% of recurring General Fund expenditures •• $1 million from General Fund and remainder from REET - 2021: The street wear fee (Fund #106) from the solid waste collection - 2016: Fund #123 was exhausted2019: Fund #101 stopped contributing due to revenue shortfalls2019: Fund #311 funds2018contract transferred to Fund #311 for local access street pavement preservation •••• Increased reliance on REET funds started to create the possibility of limiting matching funds for other types of construction projects starting in 2017Unexpectedly high REET collections were seen in 2021 and 2022 but returned to more historical levels in 20232025 General Fund budget development:Continuing to follow the 6% funding policy for Fund #311 without the General Fund contribution is projected to deplete REET funds by 2027 •••• $3.8 million – $1.2 million $2.7 million – – revenue estimates range from $107,000 to $8.4 million – General Fund would contribute $1,032,100 and REET would contribute $2,744,300Transportation Benefit District 0.1% Sales Tax Property Tax Banked Capacity Utility Tax Public Safety 0.1% Sales Tax ooooo Prioritize arterial streets that are grant eligibleReduce or eliminate preservation work on collectors and residential streetsEx: Capital Reserve Fund #312 amounts ooo Next Steps CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 20, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE: Periodic Update Grants GOVERNING LEGISLATION: Revised Code of Washington (RCW) 36.70A.130 and 36.70A.070 PREVIOUS COUNCIL ACTION TAKEN: On December 13, 2016, City Council approved Ordinance 16-018, adopting the Comprehensive Plan and associated development regulations. BACKGROUND: On April 17, 2024, the City received notice that it would receive a grant of $325,000 from the Department of Commerce (DOC) to assist with the update of the City’s Comprehensive Plan and Spokane Valley Municipal Code (SVMC) Titles 17, 19, 20, 21, and 22. Generally these Titles are referred to as Development Regulations. The City is mandated by state law, RCW 36.70A.130, to review and revise the Comprehensive Plan and Development Regulations every 10 years. This mandated review is otherwise known as the Periodic Update. The purpose of the Periodic Update is to ensure that the Comprehensive Plan and Development Regulations are in compliance with state law, particularly as it relates to land use and planning. In 2022 and 2023 the Washington State Legislature made significant changes to the Growth Management Act (GMA). This update requires local governments to “plan for and accommodate” housing affordable to all income levels. This significantly strengthened the previous goal, which was to encourage affordable housing. The amended law directed the DOC to project future housing needs for jurisdictions by income bracket and made significant updates to how jurisdictions are to plan for housing in their comprehensive plans. These new changes to the housing element include: Planning for sufficient land capacity for housing needs, including all economic segments of the population (moderate, low, very low and extremely low income, as well as emergency housing and permanent supportive housing). Providing moderate density housing options within Urban Growth Areas (UGAs), including but not limited to duplexes, triplexes and townhomes. Making adequate provisions for housing for existing and projected needs for all economic segments of the community, including documenting programs and actions needed to achieve housing availability. Identifying racially disparate impacts, displacement and exclusion in housing policies and regulations, and beginning to undo those impacts; and identifying areas at higher risk of displacement and establishing anti-displacement policies. The amended law also requires local jurisdictions to develop and adopt a new Climate Element. This new element includes two sub-elements to address climate resilience and greenhouse gas emissions. There is a separate grant available to develop the Climate Element. This grant is being prioritized to cities with periodic updates due in 2025 and 2026. The maximum grant available to the City is $700,000. RCA Administrative Report for Commerce Grants Page 1 of 2 It should be noted that the Washington State Legislature has essentially created a top-down approach to local comprehensive planning where the State is dictating policy and development regulations local governments shall adopt. Prior to the recent legislative changes, the state established broad goals allowing local governments the flexibility to mold their comprehensive plans and development regulations specific to the local community’s needs with state guidance. Through this periodic update the intent will be to meet the requirements of GMA while tailoring the Comprehensive Plan as much as possible to protect the character of our community. Unfortunately, there are many requirements that must be adhered to for the City to have a compliant Comprehensive Plan and supporting development regulations. It will be crucial for City Council and staff to clearly understand these requirements to ensure the citizens recognize what is being mandated by the State. A robust public participation process will be crucial throughout this update. Tonight, staff will present a high-level summary of the required changes to the Comprehensive Plan and development regulations, anticipated scope of work, and overview of grant timelines. The overview is not intended to provide suggested amendments or offer solutions, as these will be developed through an extensive public engagement process for the Periodic Update. Both grants require a letter of commitment from the Mayor, or authorized official, to complete the application form. OPTIONS: Discussion RECOMMENDED ACTION: Staff requests Council consensus to return to City Council with a motion consideration to authorize the Mayor to sign the letter of commitment to apply for the Periodic Update grant and the Climate grant. STAFF CONTACT: Chaz Bates, AICP – Planning Manager ___________________________________________________________________________ ATTACHMENTS: 1. PowerPoint Presentation RCA Administrative Report for Commerce Grants Page 2 of 2 DRAFT ADVANCE AGENDA as of August 14, 2024; 11:00 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings August 27, 2024 Formal Meeting, 6:00 p.m. \[due Tue, Aug 20\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Motion Consideration: LTAC Appointments Mayor Haley (5 minutes) 3. Motion Consideration: Periodic Update Grants WA Department of Commerce Chaz Bates (10 minutes) 4. Admin Report: SVFD/SCFD 8 Wildfire Incident Preparedness Jenny Nickerson (20 minutes) 5. Admin Report 2025 Budget - Estimated Revenues & Expenditures Chelsie Taylor (10 minutes) 6. Advance Agenda Mayor Haley (5 minutes) 7. Info Only: Department Monthly Reports; Fire Dept Monthly Report, TPA 2025 Budget/Work Plan \[*estimated meeting: 55 mins\] September 3, 2024 Study Session, 6:00 p.m. \[due Tue Aug 27\] 1. Admin Report: Stormwater Capital Utility Plan Adam Jackson (10 minutes) 2. Admin Report: Aquifer Protection Area Report Adam Jackson (10 minutes) 3. Admin Report: Short Term Rental Review Lesli Brassfield (10 minutes) 3. Admin Report: City Hall Update Kelly Konkright, Glenn Ritter (10 minutes) 4. Admin Report: Camera Update Erik Lamb (10 minutes) 5. Advance Agenda Mayor Haley (5 minutes) \[*estimated meeting: 55 mins\] September 10, 2024 Formal Meeting, 6:00 p.m. \[due Tue Sept 3\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Ordinance 24-012: First Reading - CTA Oversize & Overweight Vehicle Permit Jerremy Clark (5 minutes) 3. Motion Consideration: Potential Grant Opp- Energy Efficiency Retrofit - Gloria Mantz (10 minutes) 4. Motion Consideration: Stormwater Services Contract Amendment - Adam Jackson (10 minutes) 5. Admin Report: Potential Grant Opp. WSDOT Traffic Analytics - Adam Jackson (10 minutes) 6. Admin Report: Fund 312 Discussion Chelsie Taylor (10 minutes) 7. Admin Report: 2025 State Legislative Agenda Virginia Clough, Briahna Murray (20 minutes) 8. Advance Agenda Mayor Haley (5 minutes) September 17, 2024 Study Session, 6:00 p.m. \[due Tue Sept 10\] Proclamation: National Diaper Need Awareness Week 2024 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. Motion Consideration: Continuity of Operations Plan (COOP) Adoption Virginia Clough (10 minutes) 5. Admin Report: TPA Written Report, 2025 Budget & Work Plan - Lesli Brassfield (15 minutes) 6. Admin Report: Camping Regulations Update John Bottelli, Kelly Konkright (10 minutes) 7. 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. Motion Consideration: TPA Written Report, 2025 Budget & Work Plan - Lesli Brassfield (10 minutes) 3. Admin Report: Proposed Ordinance Adopting 2025 Property Taxes Chelsie Taylor (10 minutes) 4. Admin Report: Group Home Presentation Chaz Bates (15 minutes) 5. Advance Agenda Mayor Haley (5 minutes) 6. Info Only: Department Monthly Reports; Fire Dept Monthly Report October 1, 2024 Study Session, 6:00 p.m. \[due Tue Sept 24\] Draft Advance Agenda 8/15/2024 4:42:28 PM Page 1 of 2 Proclamation: Fire Prevention Week 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. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Public Hearing #2: 2025 Budget Chelsie Taylor (20 minutes) 3. Ordinance 24-XX: First Reading, Property Tax Chelsie Taylor (10 minutes) 4. Admin Report: 2024 Budget Amendment Chelsie Taylor (10 minutes) 5. Consent Agenda (claims, payroll, minutes) (5 minutes) 6. Advance Agenda Mayor Haley (5 minutes) October 15, 2024 Study Session, 6:00 p.m. \[due Tue Oct 8\] 1. Admin Report: Retail Strategies Annual Update Mike Basinger, Susan Nielsen (20 minutes) 2. 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. Admin Report: 2025 Draft Federal Legislative Agenda Virginia Clough (10 minutes) 7. Advance Agenda Mayor Haley (5 minutes) 8. Info Only: Department Monthly Reports; Fire Dept Monthly Report October 29, 2024 Study Session, 6:00 p.m. \[due Tue Oct 22\] 1. Admin Report: TPA: Spokane Sports & 116 & West proposals Lesli Brassfield (15 minutes) 2. Advance Agenda Mayor Haley (5 minutes) November 5, 2024 Study Session, 6:00 p.m. \[due Tue Oct 29\] 1. Advance Agenda Mayor Haley (5 minutes) November 12, 2024 Formal Meeting, 6:00 p.m. \[due Tue Nov 5\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Motion Consideration: 2025 Draft Federal Legislative Agenda Virginia Clough (10 minutes) 3. Advance Agenda Mayor Haley (5 minutes) 4. Info Only: Department Monthly Reports; Fire Dept Monthly Report November 19, 2024 Study Session, 6:00 p.m. \[due Tue Nov 12\] 1. Advance Agenda Mayor Haley (5 minutes) *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: 250th USA Celebration DOT Clean Up Electric Scooter Regulations Gang Task Force Update Group Home Regulations Investment Policy Review Lithium-Ion Battery Policies Mirabeau Park Forestry Mgmt. Peer Court Protection of Utility Infrastructures SCRAPS Sign Code Review Draft Advance Agenda 8/15/2024 4:42:28 PM Page 2 of 2