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2024, 11-05 Formal B Meeting PacketAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL B FORMAT Tuesday, November 5, 2024 6:00 p.m. Remotely via ZOOMMeeting and In Person at Spokane Valley City Hall, Council Chambers 10210 E. Sprague Ave. Spokane Valley, WA 99206 Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: Members of the public may attend Spokane Valley Council meetings in -person at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in -person or via Zoom as described below. Public comments will only be accepted for those items noted on the agenda as �nublic comment opportunity" If making a comment via Zoom, comments must be received by 4:00 pm the day of the meeting. • Sign up to Provide Oral Public Comment at the Meeting via Calling -In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER INVOCATION: PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA SPECIAL GUESTS/PRESENTATIONS: PROCLAMATIONS: Veterans Day Recognition GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person. If a person engages in disruptive behavior or makes individual personal attacks regarding matters unrelated to City business, then the Council and/or Mayor may end that person's public comment time before the three -minute mark. To comment via zoom: use the link above for oral or written comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it is not required. A sign -in sheet will be provided at the meeting. ACTION ITEMS: 1. Motion Consideration: STA Interlocal Agreement for fiber use - Kelly Konkright [public comment opportunity] Council Agenda November 5, 2024 Page 1 of 2 NON -ACTION ITEMS: 2. Admin Report: Valley Viewer Application Demonstration — Mike Basinger, Matt Reeves 3. Admin Report: Public Property Camping Regulations Update — John Bottelli, Kelly Konkright 4. Admin Report: Continuity of Operations Plan (COOP) Update — Virginia Clough INFORMATION ONLY: 5. Expenditures Related to Councilmember Merkel GENERAL PUBLIC COMMENT OPPORTUNITY: General public comment rules apply. COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURNMENT Council Agenda November 5, 2024 Page 2 of 2 °' PROCLAMATION S#okane �alle City of Spokane Valley, Washington V Y Y Veterans Day Recognition WHEREAS, The 11 th hour of the 11 th day of the 11 th month of 1918, known as Armistice Day, was when major hostilities of World War I formally ended as the Armistice with Germany went into effect, and WHEREAS, The originally observed Armistice Day evolved in 1954 into the current Veterans Day observance; and WHEREAS, Americans across our nation recognize November 11 th as Veterans Day for the special remembrance ofand to honor the men and women who served and continue to serve to protect our freedom; and WHEREAS, Tens of millions ofAmericans have served and hundreds of thousands have given their lives while serving in the Armed Forces of the United States during the past century, and WHEREAS, Citizens across our nation owe a great debt to those who served in defense of this nation and that throughout the generations, their sacrifices have preserved our form ofgovernment, even though for many that sacrifice ended in permanent injury or death; and WHEREAS, It is right, fitting and proper to recognize the contributions our service men and women have made and continue to make in defense of America and for what they have done and continue to do to support our great nation, and. for their continued efforts to preserve and promote enduring peace around the world. WHEREAS, The new Veterans Memorial at Balfour Park was dedicated in May 2024, offering a place in our community to pause, reflect, remember and honor of all veterans. NOW, THEREFORE, BE IT RESOLVED that I, Pam Haley, Mayor of the City of Spokane Valley, Washington, on behalf of the Spokane Valley City Councilmembers, do hereby call upon all to honor VETERANS DAY and I urge Spokane Valley citizens to join me in thanking all veterans for their sacrifice and service to our country. Dated this 51h day of November 2024. Pam Haley, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 5, 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: Interlocal Agreement re: STA Use Fiberoptic Facilities Owned by the City GOVERNING LEGISLATION: RCW 39.34.080 PREVIOUS COUNCIL ACTION TAKEN: Council previously approved a 10-year ILA for the same purpose with an effective date of July 15, 2014; and received an administrative report regarding the new ILA on October 29, 2024. BACKGROUND: In July of 2014, the City and STA executed an interlocal agreement (ILA) authorizing and defining the terms under which STA is allowed to connect to and use one pair of dark fiber for the purpose of facilitating communication about public transit business by and amongst STA facilities. The original ILA contained a 10-year term that expired on or about July 15, 2024. STA wishes to enter into a new ILA with the City. The proposed ILA is for an additional 10-year term and contains substantially the same terms and conditions as the original ILA. Those terms include STA agreeing to (a) bear all costs to repair and/or maintain its connection to the City's fiber facilities as well as the City's fiber facilities that are damaged as a result of STA's use, (b) pay its pro-rata share of all maintenance costs for any fiber used by STA under the ILA, and (c) indemnify and hold the City harmless for any claim, damage, loss, or injury arising out of the negligent or intentional acts of STA and/or its agents. Staff presented the new ILA to Council at the October 29, 2024, Council meeting. At the meeting, Council inquired whether the City has sufficient fiber capacity to meet the City's potential needs during the next 10 years. After the Council meeting, the City's IT Department confirmed that the City has approximately 15 pairs of unused fiber and 3 pairs of fiber in use along Appleway Avenue (from 1-90 to University). The potential addition of cameras for various purposes would likely only use 1 to 2 pairs of fiber, which still leaves up to 13 pairs available for future City use. OPTIONS: Approve the ILA as is, approve the ILA with revisions, deny the ILA, or take other action Council deems appropriate. RECOMMENDED ACTION OR MOTION: I move to approve and authorize the City Manager to execute the interlocal agreement authorizing the Spokane Transit Authority to use 1 pair of the City's dark fiber as identified in the agreement. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Kelly Konkright, City Attorney ATTACHMENTS: Proposed Renewed Interlocal Agreement for STA to use Fiber Facilities Owned by COSV INTERLOCAL AGREEMENT FOR SPOKANE TRANSIT AUTHORITY TO USE FIBER FACILITIES OWNED BY CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO THIS INTERLOCAL AGREEMENT (hereinafter "Agreement") is between the CITY OF SPOKANE VALLEY, a Washington State municipal corporation, (hereinafter "City") and SPOKANE TRANSIT AUTHORITY, a Washington State political subdivision and special purpose district (hereinafter "STA"), and jointly referred to as the "Parties." RECITALS: WHEREAS Chapter 39.34 RCW, Interlocal Cooperation Act, permits governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on the basis of mutual advantage to perform functions, and provide services and facilities to each other and the public; and WHEREAS, the City owns fiber infrastructure that STA desires to use for telecommunication purposes (voice, data, video) at the Pence Cole Valley Transit Center located at the northwest corner of 4t1i Avenue and University Road; WHEREAS, it is in the operational and financial best interest of both Parties for the City to allow STA to utilize one pair (two strands) of dark fiber for the purpose of communicating about transit business with STA's other facilities; and WHEREAS, the City and STA entered into a 10-year interlocal agreement with an effective date of July 15, 2014, which expired on July 15, 2024, ("Original Interlocal") and the Parties desire to enter into a new 10-year interlocal agreement with substantially the same terms and conditions as the Original Interlocal; NOW, THEREFORE, the Parties agree as follows: PARTIES A. City of Spokane Valley is a Washington State municipal corporation, referred to herein as "City", located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. B. Spokane Transit Authority is a Washington State political subdivision and special purpose district known as STA, headquartered at Spokane Transit Administration Facility, 1230 West Boone Avenue, Spokane, Washington. 2. PURPOSE AND RESPONSIBILITIES The purpose of this Interlocal Agreement is to provide the terms under which the City will permit STA to utilize one pair (two strands) of dark fiber for the purpose of STA communicating between the Pence Cole Valley Transit Center (Valley Transit Center) at 4th Avenue and University Road, and STA's other facilities regarding STA business. STA, through its contractor, has previously constructed the connection to the City's fiber facilities at the City's fiber vault (the Vault), which is located in right-of-way in the south side of the Appleway Boulevard corridor adjacent to the Valley Transit Center, as shown in Attachment A. The City fiber used by STA connects the aforementioned Vault (Location A) to the WSDOT Vault located at the Sprague and Interstate 90 interchange (Location B). The City has designated fibers 29-30 of this medium for this purpose. There are no intermediate patches required to be maintained by the City between locations A and B. 1XIO A. STA shall pay all costs related to constructing the connection to the City's fiber facilities from the Vault onto STA property. STA shall pay all costs of repair of said connection that may be required as a result of damage to the Vault not caused by City's negligence. If the Vault is moved due to a City road capital project, STA will pay the costs related to constructing STA's new connection of one pair (two strands) of dark fiber to the City's relocated fiber facilities and fiber vault. B. STA shall pay its pro-rata share of all maintenance costs for any fiber actually used under this agreement. C. STA agrees to reimburse the City within 30 days of mailing of any invoice for such maintenance costs or installation costs incurred by the City. 4. TERM This Agreement shall begin upon signature by both jurisdictions and shall extend 10 years and may be renewed for additional 10 year terms upon written mutual agreement. Either Party may terminate this Agreement for cause or functionality any time upon 180 days prior written Notice. OWNERSHIP OF FACILITIES The City shall continue to own all fiber strands, and STA shall have only a right to use the one pair of dark fiber strands under the terms set forth herein. STA shall own the connection from its facilities at the Valley Transit Center to the Vault. 6. LIABILITY A. The City shall defend, indemnify and hold harmless STA, its officers, employees and agents, from any claim, damage, loss, liability, injury, cost and expense arising out of the negligence or intentional acts of the City, its officers, employees and agents in connection with the Agreement, except to the extent of the negligence or intentional acts of STA, its officers, employees and agents. If an action, claim or proceeding instituted by a third party is directed at work or action taken by the City solely on behalf of STA, its officers, employees and agents, STA shall defend, indemnify and hold harmless the City from any expenses connected with the defense, settlement, or monetary judgment ensuing from such actions, claims, or proceedings. B. STA shall defend, indemnify and hold harmless the City, its officers, employees and agents, from any claim, damage, loss, liability, injury, cost and expense arising out of the negligence or intentional acts of STA, its officers, employees and agents in connection with the Agreement, except to the extent of the negligence or intentional acts of the City, its officers, employees and agents. If an action, claim or proceeding instituted by a third party is directed at work or action taken by STA solely on behalf of the City, its officers, employees and agents, the City shall defend, indemnify and hold harmless STA from any expenses connected with the defense, settlement, or monetary judgment ensuing from such actions, claims, or proceedings. C. Each Party specifically assumes potential liability for actions brought by its own employees against the other Party, and solely for the purposes of this indemnification, each Party specifically waives any immunity under Title 51 RCW. The parties have specifically negotiated this provision. D. In the event STA's fiber connection to the City's fiber network is compromised or service lost for whatever reason up to the connection in the Vault, the City is obligated to make reasonable efforts to restore connectivity. In such event, the City shall not be liable to STA for any consequential damages caused by a disruption in service. Any loss of service resulting from damage or other causes from the Vault into STA's property shall be the responsibility of STA. 7. NOTICES All Notices shall be in writing and served on any of the Parties either personally or by certified mail, return receipt requested, at their respective addresses. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. CITY: City Manager City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, Washington 99206 STA: CEO or designee Spokane Transit Authority 1230 West Boone Avenue Spokane, Washington 99201 8. INSURANCE STA is a member of the Washington State Transit Insurance Pool (Pool) along with 24 other public transit agencies in Washington. STA obtains its insurance coverage from the Pool. The Pool is a public entity enabled by RCW 48.62. It is regulated and overseen by the state Office of Risk Management. The Pool is not a commercial insurer and is not rated. During the course of this contract, STA will maintain coverage from the Pool for auto, general, and public officials liability with limits no less than $10 million per occurrence. STA shall require any contractor or subcontractors working on the City's facilities or property to obtain and provide proof of insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the contractor, its agents, representatives, employees or subcontractors in the following minimum forms and amounts: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01, shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. City and STA shall be named as an additional insured under contractor's commercial general liability insurance policy with respect to the work performed for the STA. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. STA shall require that contractor's insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VIL STA shall also require contractor to fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt to STA. As evidence of the insurance coverage required by this Agreement, STA shall furnish an insurance certificate from its risk pool to the City Clerk at the time STA returns the signed Agreement. The certificate shall specify the amount of coverage and the deduction or retention level. If requested, complete copies of insurance policies shall be provided to City. STA shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance under its policy. 9. MISCELLANEOUS A. 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. B. 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. C. Entire Agreement - This Agreement contains the entire understanding of the Parties. No representations, promises, or agreements not expressed herein have been made to induce either Party to sign this Agreement. D. Modification - No modification or amendment to this Agreement shall be valid until put in writing and signed with the same formalities as this Agreement. E. Assignment - Neither Party may assign its interest in this Agreement without the express written consent of the other Party. F. 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. G. 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. H. Non -Discrimination - The Parties shall not discriminate in violation of local, state, or federal law. L Venue - This Agreement shall be construed under the laws of 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. J. 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. K. Organization with Separate Entity and Powers - No new or separate legal or administrative entity is created to administer the provisions of this Agreement. Real or personal property acquired for purposes of this Agreement shall be held and disposed of as set forth herein. L. Agreement to be Filed - The City shall file this Agreement with its City Clerk. STA shall file this Agreement with the Spokane County Auditor. M. Financing - Each Party shall be responsible for the financing of its contractual obligations under its normal budgetary process. N. Propertpon Termination -Title to all property acquired by any Party in the performance of this Agreement shall remain with the acquiring Party upon termination of the Agreement. Dated: Attest: City Clerk Dated: Attest: Dana Infalt - Clerk of the Authority CITY OF SPOKANE VALLEY John Hohman, City Manager Approved as to form: Kelly E. Konkright City Attorney SPOKANE TRANSIT AUTHORITY E. Susan Meyer — Chief Executive Officer Approved as to form: Megan Clark - Legal Counsel L? i Lr$ " "Q x �. W li iT � �M11 1 1 fif W f/i d --------- _p' 08 Msfamo9 a, 'i r} _ r -74j,", A r b r Ca xusaaniHn L , h- ...--- --, ,i Q ___ _______ _ - ------------------- is r_?� a " _,._:- - $ •..� C v ��}} 0 Fes, .08FO V LL 8 QLL �n o Lo . •� 3} ------------ �l i j Ow lam" 3 i w 3 W Ml w V V V u i r e$iEsiE?�on LLI a F W s J i D s � w S � io bb yy yob � � Yn muj �n in 99 aay M y 8 �o_C w Ili a 6 • V z n Y n 29 !i_yy w 4 6 QQ� �� Km a =_� 3 S3 <S ' xdS if F}y WE i� rL c CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 05, 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: External Mapping Application GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The City has launched a new mapping application called Valley Viewer that gives the community access to information about properties in Spokane Valley. This new Geographical Information System (GIS) application provides the public with the opportunity to view property information. This information can be accessed by entering an address or parcel number or by clicking on the map. Valley Viewer has a `Basic' interface, and an `Advanced' interface. The Basic interface is designed to provide users access to data that is most commonly requested from permit center staff. The Advanced interface allows for users to interactively engage with a broader offering of GIS datasets. The Basic and the Advanced interface provide property information such as zoning, school district, fire district, utility provider, water district, and the Spokane County Assessor data. The Basic application is responsive and can be used on a mobile device or tablet. This external mapping application will improve customer service by answering the most common questions people come into City Hall for, which will create efficiencies for the public and staff. In addition, it will provide the public with zoning information that Spokane County quit providing on their external mapping application several years ago. Valley Viewer was created internally by the city's GIS Analyst, who will provide a short demonstration of its capabilities to the Council and the community. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: None. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Mike Basinger, Economic Development Director; Matt Reeves, GIS Analyst ATTACHMENTS: Video Demo of Valley Viewer CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 5, 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: Proposed amendments to Chapter 6.05 SVMC, Park Regulations, and Chapter 7.50 SVMC, Regulating Public Camping. GOVERNING LEGISLATION: Chapters 6.05 and 7.50 SVMC PREVIOUS COUNCIL ACTION TAKEN: Adoption of Chapter 6.05 SVMC in 2003; minor amendments in 2005, minor amendments in 2009 and 2018. Adoption of Chapter 7.50 SVMC in 2019; minor amendment in 2021. BACKGROUND: Earlier this year Council requested, and on July 16t1i the City Attorney's Office provided an overview to Council regarding the SVMC provisions prohibiting camping on City property. At the conclusion of the presentation, Council directed staff to draft and propose code text amendments that will (1) make being in a City park after the prescribed hours a misdemeanor rather than an infraction; and (2) make camping on City property a misdemeanor regardless of whether the violator is using camping paraphernalia or camping facilities. In addition, the Spokane Valley Police Department requested that the City consider amendments to the SVMC that expressly allow law enforcement to use motorized vehicles on City trails. As currently worded, SVMC 6.05 prohibits the use of motorized vehicles on City trails except for vehicles that are wheelchairs, assistive mobility devices powered by electric motors, authorized maintenance vehicles and emergency vehicles. While law enforcement vehicles are often regarded as "emergency vehicles," an arguable ambiguity arises when law enforcement vehicles are used on trails for non -emergency purposes. In accordance with direction provided by Council on July 16t'`, the proposed ordinance (1) removes those provisions of Chapter 6.05 SVMC making it an infraction to be in a City park after hours, (2) adds provisions in Chapter 6.05 SVMC making it a misdemeanor crime to be in a City park after hours; and (3) changes the definition of "camping" prohibited by Chapter 7.50 SVMC to include sleeping overnight on City property with or without camping paraphernalia or camping facilities. The proposed ordinance also amends Chapter 6.05 SVMC to expressly allow law enforcement to operate vehicles in City parks for law enforcement purposes. OPTIONS: (1) Discuss; (2) place on a future agenda for an ordinance first reading; or (3) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for an ordinance first reading. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: John Bottelli, Parks and Recreation Director; Kelly Konkright, City Attorney. ATTACHMENTS: Draft revisions to Chapters 6.05 and 7.50 SVMC. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 24 - 016 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY AMENDING CHAPTERS 6.05 AND 7.50 OF THE SPOKANE VALLEY MUNICIPAL CODE PERTAINING TO USE OF AND CAMPING ON PUBLIC PROPERTY, INCLUDING PARKS, AND MATTERS RELATED THERETO WHEREAS, the City Council adopted Chapter 6.05 of the Spokane Valley Municipal Code to regulate certain activities within City parks; and WHEREAS, the City Council enacted provisions specifically prohibiting the use of motorized vehicles on City park trails, with the exception of wheelchairs, assistive mobility devices powered by electric motors, authorized maintenance vehicles and emergency vehicles; and WHEREAS, the City Council finds that the use of law enforcement vehicles on City park trails is necessary to protect the public's peace, health, safety and welfare; and WHEREAS, the City Council previously adopted specific hours for park operations, with parks opening to the public at 6:00 a.m. and closing at 9:00 p.m. from April 15 to October 15, and from October 15 to April 15, closing at 7:00 p.m. to recognize seasonal changes; and WHEREAS, the use of park facilities by the public outside of the park hours is prohibited; and WHEREAS, use of City park property outside of the park hours has resulted in damage to City park facilities creating dangerous conditions that disrupt the law-abiding public's use of City park facilities; and WHEREAS, the public has used the parking lots of many City parks to illegally dump trash and abandon vehicles during the time said parks are closed to the public; and WHEREAS, the City Council previously adopted Chapter 7.50 of the Spokane Valley Municipal Code prohibiting camping on City -owned property using camping facilities and/or camping paraphernalia; and WHEREAS, camping on City -owned property presents the same or similar risks to the health, safety, and welfare of the public using, in and around City -owned property whether or not camping paraphernalia or camping facilities are used; and WHEREAS, City Council finds it necessary to prevent damage to City -owned property by prohibiting persons from entering or remaining at City parks during those times the parks are closed and not in operation, and by preventing camping on City -owned property both with and without using camping paraphernalia or camping facilities; and WHEREAS, the City Council wishes to increase the penalty for entering and remaining in City parks outside of park hours to a misdemeanor, punishable by up to 90 days in jail and/or a $1,000 fine; and WHEREAS, the City Council hereby finds that a criminal penalty for violating park hours is necessary and within the police power of the city to protect the public's peace, health, safety and welfare of its residents. Ordinance 24-016 Amending Chapter 6.05 SVMC — Park Regulations NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Amendment. Chapter 6.05 SVMC is hereby amended as set forth below: 6.05.030 Hours of operation. Unless otherwise established or approved in writing by the director, City parks shall have the following hours of operation: April 15th to October 15th—open at 6:00 a.m. and close at 9:00 p.m.; and October 16th to April 14th— open at 6:00 a.m. and close at 7:00 p.m. Use of the Appleway Trail after these times shall be limited to nonrnotorized transportation, and all other after-hours uses of these amenities is prohibited. Unless otherwise permitted in writing by the director, presence in a City nark beyond these hours is unlawful. Those violating the hours of operation listed in SVMC 6.05.030 are trespassing, and may be prosecuted pursuant to RCW 9A.52.080. 6.05.060 Rules governing use of City parks and facilities — Violation an infraction. 7.40 P.44C; A4. Fires. No person shall ignite or maintain any fire or participate in igniting, maintaining, or using any fire within open space, trail, park, or facility except in a designated barbecue unit or in a designated fire pit unless specifically authorized by the department. BE. Food Waste, Washing of Clothes or Animals. No person shall clean fish or wash any clothing or other articles for personal or household use, or any dog or other animal except at designated areas. C13. Game Fish. No person may fish for or possess any fish taken from any river, pond, stream or other body of water which area is posted with a sign prohibiting fishing, except as approved by special event permit for Valleyfest. DP. Horses. Horses are prohibited in City parks and facilities. EP. Littering. Littering in City parks and facilities is prohibited. All waste and garbage shall be disposed of in a garbage can or other receptacle designed for such purpose. Litter shall include excretory waste from humans or pets. FC. Motor Vehicles — Operation. No person shall operate any motor vehicle on open space, trail, or park property unless such area has been specifically designated and posted for such use. No person shall operate a motor vehicle within the boundaries of a City park except on roads, streets, highways, parking lots, parking areas, or where otherwise permitted by posted notice or special event permit pursuant to SVMC 6.05.040 and c6hapter 5.15 SVMC. This subsection shall not apply to law enforcement, emergency, maintenance; or other vehicles authorized by the department. G14. Motor Vehicles — Parking. No operator of any motor vehicle, trailer, camper, or other vehicle Ordinance 24-016 Amending Chapter 6.05 SVMC — Park Regulations shall park such vehicle in any City park or facility except where the operator is using the area for a permitted recreational purpose, and the vehicle is parked either in the designated parking area or in another area with the written permission of the department. No person shall park, leave standing, or abandon a vehicle in any facility after closing time except persons using park facilities as part of an event authorized in writing by the department. Any vehicle found in violation of SVMC 6.05.060 may be towed away at the owner's expense. SVMC 6.05.060 shall not apply to law enforcement, maintenance, aPA-emergency or other vehicles erekisles authorized by the department. HI. Motor Vehicles — Speed Limits. No person shall drive a motor vehicle within any City park or facility at a speed greater than posted, having due regard for traffic, surface, and width of the road, and in no event at a speed which endangers the safety of persons, property, or wildlife. 14. Parking Lots and Roadway — Games Prohibited. Games of any kind are prohibited in parking lots and roadways except through a special event permit. J14. Pets. 1. All pets are prohibited in designated picnic areas, sport courts, or play areas in any City park or in any building unless permitted by posted notice. 2. When allowed, pets shall be kept on a leash no greater than 15 feet in length, and shall be kept under control at all times. 3. Any person whose pet is in any open space, trail, or park area shall be responsible for the conduct of the animal and for removing feces deposited by the animal. 4. No person shall allow his or her pet to bite, disturb, or harass any facility users, wildlife, or other pets. No person shall permit his or her pet to bark or make noise continuously or otherwise unreasonably disturb the peace and tranquility of other park users. No person shall permit pets to damage park vegetation. Kg4. Skateboards and Rollerblades Permitted — Limited Exclusions. Riding skateboards and rollerblades is generally permitted on pathways and sidewalks in City parks, except where posted by the department. Pathways and sidewalks includes only areas designed for walking, and does not include benches, railings, walls, or other areas or facilities for freestyle stunts, which are prohibited. LN. Sound Amplification. No person shall use, operate, or play in a City park any machine or device producing sound at a volume that is audible at a distance of over 30 feet therefrom except pursuant to a permit issued by the department. MO. Swimming. Swimming shall only be permitted in areas specifically posted for such use, and is otherwise prohibited. Mirabeau Springs is closed to entry or swimming by humans and pets. NP. Tents and Shelters in Parks. Unless authorized by the department, no person shall erect, maintain, use, or occupy a temporary tent or shelter in any City park or facility unless there is an unobstructed view through such tent or shelter from at least two sides; provided, however, that nothing in this subsection shall be construed to authorize overnight camping. QQ. Trail Use. Ordinance 24-016 Amending Chapter 6.05 SVMC — Park Regulations 1. For the purposes of this subsection, "trail use" shall be construed to include all forms of movement or transportation on a trail, including but not limited to foot, bicycle, skateboard, rollerskates, and rollerblades. 2. Trail use is open to all nonmotorized users unless otherwise designated and posted. Trail use restrictions may be posted at park entrances, trailheads or, in some cases, on individual trails. 3. Every person traveling on a trail shall obey the instructions of any official traffic control device or trail sign. 4. Motorized vehicles are prohibited on City trails; however, wheelchairs and assistive mobility devices powered by electric motors, and authorized maintenance, law enforcement, and of emergency vehicles; are exempt from this prohibition. PR. Trespassing During Park Hours. No person except an authorized City employee or emergency response personnel shall enter or go upon any area or facility within a City park which has been designated and posted as a "No Admittance" or "No Trespassing" area. during any time when the park is openelese 4 to the public, Q,%. Washing of Vehicles. No person shall clean or wash any motor vehicle in any City park or facility. RT. Hitting Golf Balls. No person shall hit golf balls within a City park or facility. Si4. Airborne Vehicles. No person shall launch, operate, or land an airborne vehicle while standing on or in any City park or facility, except in areas specifically designated and posted by the City for such use. Use of hot air balloons may be allowed through a special event permit issued pursuant to SVMC 6.05.040 and LChapter 5.15 SVMC. TV. Signs. No person shall distribute or post any handbills, circulars, or signs in any City park, except by written agreement or permit issued by the department. UW. High -Risk or Damaging Activities. No person shall engage in high -risk or damaging activities in any City park except by special event permit issued by the department, or as otherwise posted on site as an allowed use for disc golf. Use of hard -tip lawn darts is prohibited in all park facilities. 6.05.070 Violation. Any person violating any provision of SVMC 6.05.030 6.05.040, 6.05.050, or 6.05.060 shall have committed a class 3 infraction. For violations of SVMC 6.05.050 and 6.05.060, the City shall have all authority under the law to enforce violations, including but not limited to use of injunctive remedies through superior court. 6.05.080 Rules governing use of City parks and facilities — Violation a misdemeanor. Violation of any of the following provisions shall be a misdemeanor punishable by up to 90 days in jail or a $1,000 fine, or both: A. Alcohol Consumption. No person shall knowingly allow,,.,...4..et, hold, .,,,.: #ai-, spo Bess or consume an alcoholic beverage in City parks or facilities without first obtaining a permit from the Ordinance 24-016 Amending Chapter 6.05 SVMC — Park Regulations department. 41. Designated Areas. The city council shall, through resolution, designate specific areas in Formatted: Indent: Left: 0.75", Tab stops: Not at 0.5" City parks and facilities where alcohol may be consumed after obtaining an alcoholic beverage permit. Q. Application for Alcoholic Beverage Permit. Application for permits shall be in writing and filed with the department. The application shall be filed no less than 10 days prior to the gathering at which alcoholic beverages will be consumed. Fees for such permits shall be established by separate city council resolution. The department shall prescribe the form of the application, which shall include name and age of applicant, public place where permit is to be used, type of activity, date of activity, measures to control the consumption of alcoholic beverages, and such other matters as deemed appropriate by the department. These permit requirements shall be in addition to those required by the Washington State Liquor and Cannabis Board for a liquor permit. 3. Application Review and Disposition. The director shall review and either approve or deny the application within five days from receipt. The director may impose reasonable conditions upon the permit. An applicant may appeal a decision to grant, deny, or condition an alcoholic beverage permit to the city manager, who can reverse, affirm, or modify the department's decision pursuant to the criteria set forth in SVMC 6.05.040. BD. Damage to Property. No person shall rime, damage, or destroy any area or City property in a City park or facility, including natural or manmade features, or excavate or dig in any manner in any location in a City park or facility, provided however, that excavation of affy kii+d tHiless related to metal detecting may be allowed where, fftee a small hole may be made with a maximum width of five inches and depth of 4 inches, provided the person creating the hole fills it in and replaces any turf to the satisfaction of the director, and further provided that the person creating the hole shall be responsible for any damage to underground facilities. it is ei tifely filled 41 -,itl, .. - 4wf F@Pl..,.e,l U. No person shall"1-'�g hang or anchoring of -any items from park facilities, fences, trees, and other vegetation. The hanging of pinatas is permitted within picnic shelter structures provided it is done in a way that it is not likely to result in damage to the facility or to any person. Dli. Damage to Wildlife. Except for fishing authorized by state law, it is unlawful in any park to capture, attempt to capture, tease, annoy, disturb, feed, or strike any bird or animal, or to throw or otherwise propel any object at or in the vicinity of any bird or animal. Eli. Dumping in Water Prohibited. No person shall deposit any waste or refuse of any nature, including human or animal waste, into any river, stream, lake or other body of water running in, through, or adjacent to any City park- LG. Weapons. 1. No person except authorized law enforcement personnel shall possess a bow and arrow, crossbow, or air or gas weapon in a City park or facility. No person shall discharge across, in, or onto any facility any weapon, including but not limited to a firearm, bow and arrow, slingshot, crossbow, air or gas weapon (including paintball), or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property. 2. Possession of firearms in any stadium or convention center operated by the City, county, or other municipality is prohibited except that such restrictions shall not apply to: Ordinance 24-016 Amending Chapter 6.05 SVMC — Park Regulations Formatted: Indent: Left: 0.75" a. Any pistol in the possession of a person licensed pursuant to RCW 9.41.070 or exempt from the licensing requirement pursuant to RCW 9.41.060; or b. Any showing, demonstration, or lecture involving the exhibition of firearms pursuant to RCW 9.41.300(33)(b)(ii). G14. Fireworks. No person shall possess, discharge, or cause to be discharged in any City park or facility any firecracker, torpedo, rocket, firework, explosive, or similar device. Hf. Interference with Trails. No person shall place, deposit, or otherwise locate any object, structure or device, whether natural or artificial, that threatens or endangers any trail, interferes with normal use of the trail, or that threatens or endangers any person traveling thereon. This shall not apply to City employees in the performance of their duties or to persons acting pursuant to written direction of the City. I3.Outside Household or Commercial Waste. No person shall bring in or deposit household or commercial garbage or other waste which is brought in such form from any private property, in any City park or facility garbage can or other receptacle. JIB. Removal of Property. No person shall remove any City property from a City park or facility without prior written permission of the department. Kl. Solicitation. No person shall solicit, sell, or peddle any goods, services, food or drink, or distribute or post any handbills, circulars, or signs, or use any loudspeaker or other amplifying device, in any City park, except by contract or by permit issued by the department. LM. Waste from Vehicles. No person shall drain or dump refuse or waste from any trailer, camper, automobile, or other vehicle in any City park or facility. M. Camping. Camping on or in City property, including City parks and facilities, is regulated pursuant to Chapter 7.50 SVMC. 6.05.090 Violation —Penalty. Any person violating any provision of SVMC 6.05.080 shall be guilty of a misdemeanor. Section 2. Repealing SVMC 6.05.090. SVMC 6.05.090 is hereby repealed. Section 3. Remainder of SVMC 6.05— Unchanged. The remaining provisions of SVMC 6.05 are unchanged by this amendment. Section 4. Amendment. SVMC 7.50.015 is hereby amended as set forth below: 7.50.015 Definitions. The following definitions are applicable in this chapter unless the context otherwise requires: Ordinance 24-016 Amending Chapter 6.05 SVMC — Park Regulations fRaRag@r or 4@si .«oo st al ♦a4iy :«t , nt ..,l,otl,P.- tl,o :«a:.:a.,.a i. is- 144 ., ;4;D ,. ,oa 10,..4 a..t..baS@ t4@ 4;0+FARR4 TT....., e..# Tl.,. ,...t.-,.APdA ..,..-y,..-:,. 1..,:1a:.. FHV13814 Witt. the i4gdi*ia.4,a ,.«a 1.,.,...,.♦..,.t ,.«t,...,.a "Camp" means to (1) sleep for any period of time in a City park outside the hours of operation identified in SVMC 6.05.030; (2) sleep for any period of time after sunset on or in public property other than a Citygark or (3) to -pitch, erect or occupy camp facilities, or to use camp paraphernalia or both, for the purpose of, or in such a way as will facilitate, remaining overnight, or parking a camper, recreational vehicle, trailer, or other vehicle for the purpose of remaining overnight. Section 5. Repealing SVMC 7.50.050. SVMC 7.50.050 is hereby repealed Section 6. Remainder of SVMC 7.50 — Unchanged. The remaining provisions of SVMC 7.50 are unchanged by this amendment. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this day of , 2024. Mayor, Pam Haley ATTEST: Marci Patterson, City Clerk Approved As To Form: Ordinance 24-016 Amending Chapter 6.05 SVMC — Park Regulations Kelly Konkright, City Attorney Date of Publication: Effective Date: Ordinance 24-016 Amending Chapter 6.05 SVMC — Park Regulations CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 5, 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: Admin Report on Continuity of Operations Plan (COOP) GOVERNING LEGISLATION: The City of Spokane Valley is a party to the regional Amended Interlocal Agreement with Spokane County Emergency Management (SCEM) for emergency management services established pursuant to: RCW 39.34, Interlocal Cooperation Act RCW 38.52.070, Local organizations and joint local organizations authorized -- Establishment, operation -- Emergency powers, procedures — Communication plans. PREVIOUS COUNCIL ACTION TAKEN: Council authorized execution of the Emergency Management Interlocal Agreement (ILA) on May 11, 2021 and approved a three-year renewal on May 9, 2023. An update on SCEM's emergency management services was provided on July 25, 2023. An administrative report on the draft COOP was provided on June 25, 2024. BACKGROUND: SCEM has identified major storm events, wildfires, hazardous material spills, human -caused disasters and pandemic or epidemic as the most likely events to cause COOP activation in our region. A loss of building or facility could also trigger a COOP implementation. The primary purpose of the COOP is to preserve continuity of essential government functions. That means: • Activities required by local, regional, state or federal laws. • Regulations necessary to support the safety and security of the public, city employees, systems and services. • Things that support restoration of essential operations and facilitate emergency response actions. Staff reviewed the draft plan with individual and small groups of Councilmembers in mid - September. As discussed in those meetings, the COOP serves as the foundation and framework for carrying out the city's essential functions. Specifically, the Plan will: • Identify essential services and staff. • Plan for succession of key decision -makers or multiple staff members to ensure essential services are continued or resumed. • Identify impacts of reduced levels of service during an emergency. • Specify non -essential services that can be delayed or deferred during an emergency. • Define preparedness procedures before an event occurs that will enhance the effectiveness of response measures. • Direct the creation of a training plan and exercises to support COOP plan and program implementation to ensure and validate readiness. The Council had the opportunity to review the plan over the past several weeks and submit comments. The following updates were made to address City Council comments: • Water and sewer were added as Priority 1 city and/or key third -party provider services. • Solid waste was added as a Priority 2 service. • Building inspections was moved from Priority 2 to Priority 1. • Permitting was moved from Priority 3 to Priority 2. • Delegation of authority letter for the use of tear gas in riot situations added to other authority letters in Appendix 14 and provided to the City Attorney Office's file. • Updated address for Central Valley School District on Appendix 11. • Added item to Proactive Measures section for all departments - Establish pre- determined department locations for written notifications when other communication methods are not available. • Added "Identify staff with specialized skills" to the Proactive Measures section for Human Resources. • Amended Information Technology Division's proactive measure as follows: "Evaluate need for additional Motorola radios or satellite phones and coordinate with City Manager's Office as needed." The COOP does not address all of the community's needs in the event of an emergency. It is one in a family of plans that also includes the overarching policy document, Spokane County's Comprehensive Emergency Management Plan (CEMP); City of Spokane Valley's Emergency Operations Plan (EOP); and the County's Hazard Mitigation Plan Volume 1 and Volume 2 (HMP) that addresses natural hazards. In accordance with RCW 43.56.210, the COOP and EOP plans are not subject to public disclosure, as that may expose vulnerabilities and potentially compromise public safety. Due to this unique public records exemption, the online packet includes a summary of the COOP. Next year, the city will begin work on the more comprehensive Emergency Operations Plan (EOP). The EOP will outline what the organization will do during a disaster, including identifying and standardizing strategies to meet response -generated needs. Meetings with Spokane County Emergency Management are scheduled for later this month to discuss COOP implementation and to develop a plan to begin work on the EOP. OPTIONS: Staff recommends adopting the Continuity of Operations Plan as presented. RECOMMENDED ACTION OR MOTION: Request consensus to return with a motion to adopt the Spokane Valley Continuity of Operations Plan as presented. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Virginia Clough, Legislative Policy Coordinator/Project Manager & Planning Coordinator and Mark Conrad, Spokane Co. Emergency Management ATTACHMENT: Continuity of Operations Plan Summary Continuity of Operations Plan Summary Introduction and Purpose The City of Spokane Valley's Continuity of Operations Plan (COOP) serves as a guide for sustaining or resuming essential services affected by a disaster or emergency situation. Its purpose is to ensure continuity of government operations and essential services if an event occurs affecting City of Spokane Valley employees and their ability to provide those services. Specifically, the plan will: • Identify essential services and staff • Plan for succession of key decision -makers or multiple staff members to ensure essential services are continued or resumed • Identify impacts of reduced levels of service during an emergency • Specify non -essential services that can be delayed or deferred during an emergency • Define preparedness procedures before an event occurs that will enhance the effectiveness of response measures • Direct the creation of a training plan and exercises to support COOP plan and program implementation to ensure and validate readiness. Scope of the Plan The plan primarily focuses on the roles, responsibilities and activities of City of Spokane Valley personnel. COOP activities may be executed for site specific, citywide or regional disruptions to city operations. Spokane County Emergency Management (SCEM) identified major storm events, wildfires, hazardous material spills, human -caused disaster and pandemic or epidemic as the most likely events to cause a COOP situation in our region. The City has identified essential functions as activities required by local, regional, state or federal laws; regulations necessary to support the safety and security of city employees, systems, services and the public; supporting the restoration of city operations and facilitating emergency response actions. Plan Objectives The City of Spokane Valley will utilize the plan to achieve the following goals: • Preserve continuity of essential government functions • Limit the number of employees affected • Implement successful succession in the event a disruption renders leadership unable, unavailable or incapable of performing their responsibilities • Reduce or mitigate disruptions to operations • Achieve a timely and orderly recovery from a COOP situation and resumption of full services to the City. Planning Assumptions Some of the key planning assumptions used to develop this plan include, but are not limited to, the following: • Disasters, emergencies or threatened emergencies can adversely impact the city's ability to continue to support essential functions • Personnel and resources located outside the area affected by the disaster or emergency may or may not be available to support city essential functions Continuity of Operations Plan Summary • Some city services may be limited or suspended to enable the City to concentrate on essential functions • Alternate support or delivery of essential functions may extend beyond the response phase of an incident and extend into long-term recovery • City staff may implement telecommuting and/or online delivery of essential services • Staff members may be unavailable during or after a disaster or emergency and thus may be unable to support COOP activities • Key decision -makers in city leadership and/or a significant portion of the workforce may be absent from the workplace (plan assumes 25-50% workforce reduction) • Employees may have added stress and challenges presented by circumstances including, but not limited to, school and business closures, lack of communication or loss of family members, resulting in unavailability of city staff • Businesses and schools may close, impacting employees, teachers and students which will add stress and challenges to the availability of city employees • There may be significant disruption of public and privately owned critical infrastructure • It may take days to weeks to reestablish city services and months to years to recover from an incident. Prioritization of City Functions To prioritize city services and functions, three categories have been created to identify levels of response. Priority I includes services that are essential to preservation of life and property and potentially subject to a high degree of exposure to risk. Priority II includes services that are necessary to support Priority I functions and typically can be done from remote locations if necessary. Priority III includes services that do not meet the standards for Priority I or II and will likely be suspended during a COOP incident. Structure and Content of Department Plans Department plans include the following: • Essential "daily" functions that need to be provided during an event, possibly at a reduced level • Positions identified to carry out essential functions • Primary and alternate personnel identified to perform essential functions • Staffinembers who are cross trained to backfill essential functions • Staffinembers from non -essential services who could assist with essential functions • Service reduction impacts • When essential functions are performed • How employees and other partners will be contacted • Essential functions identified that can be performed via telecommuting and/or manual processes if IT systems are overloaded • Essential functions defined which can be performed through flex shifting • Technology considerations CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 5, 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: Expenditures Related to Councilmember Al Merkel GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: In January 2024, Albert Merkel began a four-year tenure as a Spokane Valley City Councilmember (CM) in Position 3. Since this time, several of CM Merkel's actions have exposed the City to legal and financial risk. Two independent investigations found that CM Merkel has displayed a pattern of intimidation and having hostile interactions with the city's workforce, as well as disregarded the Council's Governance Manual and Washington state laws, despite receiving extensive training on these matters. The City has received multiple requests for information about the total amount of money spent on addressing these issues, as shown in the attachment. As of Sept. 30, 2024, due to CM Merkel's actions, the City has incurred the following significant costs totaling $ 143,217.93. The total costs will increase as fees are billed to the City. A. Actions taken to protect city employees - Cost to date: $96,391.00 • Fees for an independent attorney to investigate a hostile work environment complaint filed a city employee against him. • Costs to implement methods to minimize disruptions to city operations and limit his interactions with staff. Legal fees to mitigate the risk of further discrimination and retaliation against city staff for having complained of and/or participated in the workplace investigation into CM Merkel's actions. B. Actions taken to protect the City from legal risk - Cost to date: $30,548.50 • Fees for an independent attorney to investigate a complaint that CM Merkel violated the Council's Governance Manual Social Media Guidelines, including alleged violations of the Public Records Act ("PRA"). • Legal fees to mitigate the city's legal and financial risk resulting from the investigator's findings related to CM Merkel's likely violations of the PRA. • Attorney fees to investigate citizens' claims that CM Merkel (a) falsely accused a citizen of illegal activity and abused his Councilmember authority to obtain preferential treatment from law enforcement, and (b) violated citizens' First Amendment free speech rights by removing their social media posts from CM Merkel's social media discussing city business and/or blocking them from his social media. • Costs not yet included in this number are the hearing examiner's and investigator's fees being incurred for CM Merkel's appeal of the investigator's findings that his social media use violates the Council's Social Media Guidelines and the PRA. The hearing examiner held the appeal hearing on Oct. 24, 2024. Upon receipt of invoices, the City will be required to compensate the hearing examiner and independent investigators for their time spent on CM Merkel's appeal. C. Investigation of CM Merkel's unfounded complaint against Councilmember Higgins and Mayor Haley - $4,189.05 • Fees and costs for an independent attorney to investigate CM Merkel's unfounded complaint that CM Higgins and Mayor Haley breached Council conduct standards. D. Nonproductive uses of staff time - Cost to date $12,089.38 (only estimated on the public records requests) • Staff time responding to 54 public records requests related to CM Merkel's behavior. Year-to-date, these requests are 14% of all public record requests received by the City. Funds spent to protect the City and staff from CM Merkel's risk -inducing behavior are no longer available to support Council priorities, such as public safety. Moreover, this report does not quantify the impact on city services of having to re -direct the city's limited staff resources to address the complaints against CM Merkel and the risks to which his actions expose the City. These costs and redirecting of staff resources could have been avoided if CM Merkel interacted appropriately with staff and his fellow Councilmembers, followed the training provided and adhered to the Council's Governance Manual, municipal code and state law. Moving forward, this spreadsheet will be updated each month as costs continue to be incurred. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: Information only BUDGET/FINANCIAL IMPACTS: Year-to-date, the City has spent $143,217.93 to address the actions of CM Merkel. The 2024 budget will need to be amended. STAFF CONTACT: John Hohman, City Manager ATTACHMENTS: • Expenditures as of Sept. 30, 2024 related to Councilmember Al Merkel CITY OF SPOKANE VALLEY Expenditures Related to Councilmember Al Merkel as of 09/30/2024 Vendor Invoice Date A. Costs for Actions Taken to Protect City Employees Amount Subtotal Summit Law Group 01/17/24 $ 112.50 03/19/24 $ 553.00 04/17/24 $ 5,767.00 05/17/24 $ 4,386.50 06/18/24 $ 13,578.66 07/19/24 $ 1,066.50 08/15/24 $ 474.00 09/19/24 $ 1,004.00 Ogletree Deakins 04/11/24 $ 17,284.93 05/08/24 $ 10,180.16 06/11 /24 $ 1,125.00 Garco Construction $ 40,858.75 $ 96,391.00 B. Costs Taken to Proect the City from Legal Risk Rebecca Dean 08/01/24 $ 4,725.00 09/01/24 $ 12,825.00 09/27/24 $ 817.50 Lukins & Annis PS 06/07/24 $ 2,981.00 08/06/24 $ 1,061.50 09/05/24 $ 4,455.50 09/05/24 $ 3,243.00 Kottkamp, Yedinak & Esworthy 09/28/24 $ 440.00 $ 30,548.50 C. Costs for Investigation of Unfounded Complaint against Councilmember Higgins and Mayor Haley Rebecca Dean 06/01 /24 $ 1,162.50 07/01 /24 $ 3,026.55 $ 4,189.05 D. Costs related to Nonproductive use of staff time Staff time to fulfill Public 301.65 staff 12,089.38 $ 12,089.38 Records recleusts related to hours CM Merkel A $ 96,391.00 B $ 30,548.50 C $ 4,189.05 D $ 12,089.38 TOTAL $ 143,217.93