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2025, 02-04 Formal B Meeting Packet AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL B FORMAT Tuesday, February 4, 2025 6:00 p.m. Remotely via ZOOM Meeting and In Person at Spokane Valley City Hall, Council Chambers 10210 E. Sprague Ave. Spokane Valley, WA 99206 Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: Members of the public may attend Spokane Valley Council meetings in-person at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in-person or via Zoom as described below. Public comments will only be accepted for those items noted on the agenda as 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: 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 th 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. Ordinance 24-018: Second Read Amend SVMC 7.05 Camping on Private Property Kelly Konkright \[public comment opportunity\] Council Agenda February 4, 2025 Page 1 of 2 NON-ACTION ITEMS: 2. Admin Report: ILA with SVFD Jenny Nickerson, Erik Lamb 3. Admin Report: Retail Theft Grant Update Chief Ellis 4. Admin Report: Ecology Solid Waste Grant Opportunity Erik Lamb INFORMATION ONLY: GENERAL PUBLIC COMMENT OPPORTUNITY: General public comment rules apply. COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURNMENT Council Agenda February 4, 2025 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 4, 2025 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE:SecondReading of Ordinance24-018AmendingChapters7.05, 19.65, and 19.160, SVMC, Relating to Camping on Private Property GOVERNING LEGISLATION: SVMC 7.05 et seq., 19.65 et seq., and 19.160 et seq. PREVIOUS COUNCIL ACTION TAKEN: 2003 to 2018: Adoption of chapter and amendments to 7.05 SVMC relating to nuisances 2019: SVMC 7.05.045 added as a new section to address chronic criminal nuisance properties June 1, 2021: Code Enforcement Program Overview June 29, 2021: Administrative Report on Code Enforcement – Policy Discussion October 5, 2021: Administrative Report on Code Enforcement – Topic #1 Parking October 12, 2021: Administrative Report on Code Enforcement Program – Topic #2 Camping June 14, 2022: First Reading of Ordinance 22-010 – Junk Vehicle, Parking on Private Property, Camping on Private Property June 28, 2022: Second Reading of Ordinance 22-010 – Council requested additional discussion July 19, 2022: Administrative Report – Additional Options relating to camping on private property July 26, 2022: Second Reading of Ordinance 22-010 - Council consensus to postpone Second Reading and revisit Junk Vehicle, Parking on Private Property, Camping on Private Property topics November 19, 2024: Council adopted Ordinance 24-016 amending SVMC provisions related to camping on City-owned property. December 10, 2024: Administrative Report – Review of Draft Revision to Chapters 7.05, 19.65, and 19.160 Relating to Camping on Private Property. January 14, 2025: First Reading of Ordinance 24-018 Amending Chapter 7.05, 19.65, and 19.160, SVMC, Relating to Camping on Private Property BACKGROUND: During the June 29, 2021, Council meeting, staff and Council had a broad discussion regarding specific issues and nuisances raised by local residents, business owners, and property owners, as well as elected officials. Among the issues raised were concerns with the negative impacts of extended camping on private property. Based on these discussions, staff drafted amendments to the Spokane Valley Municipal Code to regulate, among other things, camping on private property. These amendments were presented to Council during open public meetings in June and July of 2022. Council consensus at the July 26, 2022, meeting was to postpone consideration of private camping regulations. A year later in August of 2023, Council took action to enhance regulation of parking and junk/unlicensed vehicle storage on private property, but did not consider code provisions concerning camping. On November 19, 2024, Council adopted amendments to SVMC provisions regulating camping on City-owned property. Per Council’s direction, staff presented draft code amendments to regulate camping on private property for an administrative report to Council on December 10, 2024. At that time, Council provided consensus to bring Ordinance 24-018 back for a first reading without revisions. As proposed at that time, Ordinance 24-018 contained language that would generally prohibit camping on private property, subject to the following exceptions: (1) periodic short-term camping (i.e. one 48-hour period per month) on private property if a residential structure exists on the property, the owner of the property is present on the property while the camping is occurring, and the owner has authorized the persons camping thereon to do so; (2) temporary camping on private property without a residential structure when the property owner is present, and the camping does not occur more than 14 days in any calendar year; (3) camping in legally established campgrounds and RV parks; and (4) temporary use of a recreational vehicle with a valid City of Spokane Valley Temporary Use Permit pursuant to SVMC 19.65.130 and SVMC 19.160.040. At the first reading of Ordinance 24-018 on January 14, 2025, Council and members of the public expressed concern regarding limiting private landowners’ ability to camp on their own properties containing residential structures to just 48 consecutive hours per month. Council provided consensus to bring the ordinance back for a second reading with additional language requiring staff to provide Council with an annual report regarding enforcement of the private property camping prohibition. Accordingly, the attached Ordinance 24-018 has been revised to (1) require annual reporting to Council regarding enforcement of private property camping restrictions; and (2) eliminate the maximum days allowed for camping on properties with residential structures and allow camping on private property containing a residential structure only if there are no nuisance conditions on or emanating from the property while camping is occurring. OPTIONS: (1) Discuss; (2) adopt Ordinance No. 24-018; or (3) take other action the Council deems appropriate. RECOMMENDED ACTION OR MOTION: I move to adopt Ordinance No. 24-018 Amending Chapters 7.05, 19.65, and 19.160, SVMC, Relating to Camping on Private Property BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Kelly Konkright, City Attorney ___________________________________________________________________________ ATTACHMENTS: Revised Ordinance 24-018 Amending SVMC 7.05.040, 19.65.130, and 19.160.040 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 24 - 018 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY AMENDING CHAPTERS 7.05, 19.65, AND 19.160 OF THE SPOKANE VALLEY MUNICIPAL CODE PERTAINING TO CAMPING ON PRIVATE PROPERTY WHEREAS, the City Council adopted Chapter 7.05 of the Spokane Valley Municipal Code to define and prohibit public nuisances within the City; 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, in the course of using private property for camping purposes, members of the public often leave behind or otherwise illegally discard human feces, trash, drug paraphernalia, and other items presenting a danger to the public health and safety; and WHEREAS, camping on private property presents risks to the health, safety, and welfare of the public in and around the areas where private property camping occurs that are similar to the risks presented by camping on public property; and WHEREAS, the City Council finds that regulation of camping on private property is necessary to protect the public’s peace, health, safety and welfare; and WHEREAS, the City Council wishes to deem camping on private property to be a public nuisance subject to the enforcement procedures under SVMC 17.100 et seq. with limited exceptions; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, does ordain as follows: Section 1. Amending SVMC 7.05.040. SVMC 7.05.040, entitled “Nuisances prohibited,” is hereby amended by the addition of the following new subsection: Q. Camping on Private Property. 1. Except as otherwise provided herein, it shall be a public nuisance to camp on private property. 2. “Camping” or “camping” means 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. 3. “Camp facilities” has the same meaning as defined in SVMC 7.50.015. 4. “Camp paraphernalia” has the same meaning as defined in SVMC 7.50.015. 5. If the City obtains an order of abatement due to unlawful camping on private property, then prior to and in connection with removing personal property from the private real property, the City must comply with the procedures identified in SVMC 7.50.030(B)(1) – (2). 6. SVMC 7.05.040(Q) does not apply to: The Spokane Valley Municipal Code is current through Ordinance No. 24-010, passed June 4, 2024. a. Legally established campgrounds and RV parks. b. Temporary use of a recreational vehicle with a valid City of Spokane Valley Temporary Use Permit pursuant to SVMC 19.65.130 and SVMC 19.160.040. c. Camping on property without a legally established habitable residence where (i) the property owner is among those camping, and (ii) such camping does not exceed 14 days in a calendar year. d. Camping on property with a legally established habitable residence, but only if and while (i) a property owner, lessee, or tenant of the property is physically present, (ii) said owner, lessee, or tenant gives express consent for such camping, and (iii) no nuisance conditions or activity is present on or emanating from the property. Contiguous parcels under common ownership shall be considered one parcel for purposes of enforcing this subsection. 7. Beginning in the year 2026, staff shall provide the Spokane Valley City Council with a written report during the first fiscal quarter of each year. This report shall identify (a) the number of complaints the City received during the preceding calendar year alleging prohibited camping on private property, (b) the number of private property camping violations City staff determined had occurred, and (c) a summary of the City’s enforcement efforts. The report shall separately identify complaints and violations of subsections 6.b., 6.c., and 6.d. above. Section 2. Amending SVMC 19.65.130. SVMC 19.65.130, entitled “Residential,” is hereby amended as follows: 19.65.130 Residential. A. Accessory Structures. 1. The combined building footprint of all accessory permanent structures in residential zoning districts shall be: a. Up to 1,000 square feet for parcels up to 10,000 square feet in size; or b. Up to 10 percent of the lot size for parcels greater than 10,000 square feet in size. 2. Cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zoning district. B. Dwelling, Accessory Units. Accessory dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. C. Dwelling, Caretaker’s Residence. A caretaker’s residence is limited to custodial, maintenance, management, or security of a commercial property and is only allowed accessory to another permitted use on site. D. Dwelling, Cottages. Cottages shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. E. Dwelling, Duplex. Duplex dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. The Spokane Valley Municipal Code is current through Ordinance No. 24-010, passed June 4, 2024. F. Dwelling, Industrial Accessory Dwelling Units. Industrial accessory dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. G. Dwelling, Townhouse. Townhouse dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. H. Manufactured Homes on Individual Lots. Manufactured homes on individual lots shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. I. Manufactured Home Park. Manufactured home parks shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. J. Recreational Vehicles. 1. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone, except as permitted pursuant to Chapter 19.40 SVMC; 2. A recreational vehicle shall not be parked within a required front yard setback for more than 15 consecutive days and not more than 30 days cumulative in any 12 consecutive months; and 3. Upon issuance of a Temporary Use Permit to an applicant pursuant to chapter 19.160 SVMC, Gguests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot owned or leased by the permit applicant for not more than 30 days in one consecutive 12-month period. 4. Upon issuance of a Temporary Use Permit pursuant to SVMC 19.160.040, applicants may utilize a recreational vehicle as temporary living quarters over the duration of construction activities related to either a residence or other legally permitted use, provided the applicant has an active building permit on file with the City of Spokane Valley. Section 3. Amending SVMC 19.160.040. SVMC 19.160.040, entitled “Decision Criteria” is hereby amended as follows: 19.160.040 Decision criteria. A. Interim Uses. The department may issue a TUP to allow an owner, developer, contractor, tenant, lessee, or other occupant to conduct an otherwise permitted use on their property at the same time they are improving the property to the required City standards pursuant to the following conditions: 1. The TUP may be issued for a period up to six months and may be extended for an additional three months if the applicant has acted in good faith towards compliance of the original permit. 2. The department may issue the permit only if the proposed use is consistent with the following findings of fact: a. The request is reasonable and there is no other practical alternative; b. Adverse impacts associated with the temporary use are appropriately mitigated and such temporary use will not cause a hazard to the occupants or to neighboring properties; c. A hardship is involved that cannot otherwise be reasonably resolved; and The Spokane Valley Municipal Code is current through Ordinance No. 24-010, passed June 4, 2024. d. A performance surety in the amount of any required improvements shall be posted guaranteeing the completion of the project. B. Seasonal Uses and Short-Term Recreational and Economic Development Uses. The department may issue a TUP to allow sales of seasonal goods in any nonresidential zone for a period not to exceed six months in any 12-month period. The use may not meet the standards normally associated with a permanent use if the department finds that the temporary use is consistent with the following: 1. The use shall be consistent with the permitted uses in the zone; 2. The use shall be an appropriate use of the property pending the permanent long-term use; 3. The use shall not result in significant traffic, parking, drainage, fire protection, or other adverse impacts that cannot be appropriately mitigated; 4. The use shall provide a sanitary facility if the department determines it is necessary to do so; and 5. Failure to comply with the conditions of the permit shall result in suspension or revocation of the TUP. C. Temporary Uses Associated with Construction Permits. The department may issue a TUP for activities associated with construction projects including, but not limited to, equipment storage yards, job shacks, materials storage yards, or living quarters which are not otherwise permitted outright by City ordinances or regulations. The department may issue a TUP if it finds the proposal is consistent with the following: 1. The use shall not pose a hazard or be a detriment to the surrounding area; 2. The use shall not result in significant traffic, parking, drainage, fire protection, or other adverse impacts; 3. The temporary use shall be reviewed every six months to determine if the temporary use is still valid; if not, the department shall terminate the TUP; and 4. The temporary use shall be vacated upon completion of the associated construction project or pursuant to SVMC 19.160.040(C)(3). D. Temporary Uses Associated with Residential Visitation. The department may issue a TUP for activities associated with guests parking and/or occupying a recreational vehicle on private property while visiting the occupants of a dwelling unit located on the same lot, provided the applicant is the owner of said lot and will not result in such use occurring more than 30 days in one consecutive 12-month period. The cost for a TUP issued pursuant to this subsection (D) shall be established by Council in the Master Fee Schedule. The department may issue a TUP if it finds the proposal is consistent with the following: 1. The use shall not pose a hazard or be a detriment to the surrounding area; 2. The use shall be contained entirely on the lot where the dwelling unit is located and shall not be on public right-of-way; and 3. The use shall provide a sanitary facility if the department determines it is necessary to do so. Formatted: Indent: Left: 0.19" The Spokane Valley Municipal Code is current through Ordinance No. 24-010, passed June 4, 2024. Section 4. Remainder of SVMC 7.05, 19.65, and 19.160 – Unchanged. The remaining provisions of SVMC 7.05, 19.65, and 19.160 are unchanged by this amendment. Section 5. 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 6. 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: Kelly Konkright, City Attorney Date of Publication: Effective Date: The Spokane Valley Municipal Code is current through Ordinance No. 24-010, passed June 4, 2024. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 4, 2025 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Fire Department Amended Interlocal Agreement update GOVERNING LEGISLATION: RCW 39.34 (Interlocal Cooperation Act) PREVIOUS COUNCIL ACTION TAKEN: Adoption of the original interlocal agreement between City of Spokane Valley and Spokane Valley Fire Department on July 19, 2006; adoption of amended interlocal agreement on July 25, 2008; adoption of amended interlocal agreement on February 29, 2012. BACKGROUND: As outlined in the original and in the current interlocal agreement, Spokane Valley Fire Department provides various services to the City of Spokane Valley including building permit and land use permit application reviews, inspections of new and existing buildings, and enforcement of the International Fire Code as adopted pursuant to Chapter 24.40 SVMC. Historically, all permit applications, including fire-safety system permit applications for work such as fire sprinkler system modifications and annual ‘operational permits’, were submitted through the City of Spokane Valley Permit Center, routed to Spokane Valley Fire Department for review, and returned to the Spokane Valley Permit Center for issuance and payment processing. Evolving technology in electronic permit processing software now allows the Spokane Valley Fire Department to collect permit fee payments directly from the customer for fire-safety permit applications and other services. Building permits and land-use permits shall continue to be submitted directly to the City of Spokane Valley Permit Center and routed (electronically) to Spokane Valley Fire Department for review. The proposed draft interlocal agreement maintains the same primary services that have been in place since 2006 and contains updated language to (1) clarify the fees that each party is responsible for collecting, (2) clarify the process for collecting and distributing those fees as may be appropriate to the other party, and (3) providing minor updates to the agreement such as grammar, formatting, and updates to things such as addresses or titles. Similar updates to interlocal agreements have been recently executed by other municipalities within the Spokane Valley Fire Department service area, including the City of Millwood and the City of Liberty Lake. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion; staff are seeking consensus to return with a request to authorize the City Manager to execute the Interlocal Agreement for Fire Services in the City of Spokane Valley. BUDGET/FINANCIAL IMPACTS: In accordance with the current interlocal agreement, the City collects review fees on behalf of Spokane Valley Fire Department and retains a $35.00 processing fee. The processing fee assisted to offset the administrative and staff costs associated with the intake, processing, and issuance of permit materials on behalf of Spokane Valley Fire Department. The proposed draft interlocal agreement maintains the $35.00 processing fee to offset the cost of a permit tracking software single-user license utilized by Spokane Valley Fire Department to electronically communicate permit information with City staff. The annual cost for a single user license is $743.39. In 2024, the City collected permit fees on behalf of Spokane Valley Fire Department for 515 permits. STAFF CONTACT: Jenny Nickerson, Building Official ATTACHMENTS: Draft Interlocal Agreement for Fire Services in the City of Spokane Valley INTERLOCAL AGREEMENT FOR FIRE SERVICES IN THE CITY OF SPOKANE VALLEY THIS AGREEMENT, made and entered intoby and between Spokane Valley Fire Department, a special purpose district organized and operating under the laws of the State of Washington, having offices for the transaction of business at 10319 East Sprague Avenue2120 N Wilbur Rd., Spokane Valley, Washington 99206, hereinafter referred to as the “Department” and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 10610210 E Sprague Ave., Spokane Valley, Washington 99206, hereinafter referred to as “City,” jointly hereinafter referred to as the “Parties.” The Department and the City agree as follows. SECTION NO. 1: RECITALS AND FINDINGS A. Cities and special purpose districts may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RCW (Interlocal Cooperation Act). B. The City has been annexed into the special purpose district served by the Department and the Department provides most emergency fire protection, emergency medical, and nonemergency medical services in the City. C. The City has adopted land use regulations, a series of safety codes for building construction, maintenance, and the use of structures and their occupancies, including the International Building Code (IBC) and the International Fire Code (IFC). D. The City has code enforcement authority pursuant to RCW 19.27.050 and fire investigation authority under RCW 43.44.050. E. The Department has a Fire Prevention Division that is staffed by trained and certified personnel that regularly conduct fire code safety inspections and conduct fire investigations to determine the origin and cause of fires within the City pursuant to RCW 52.12.031(7) and RCW 43.44.050. F. Both the City and the Department have a need for the Services of the other and the City and the Department have the ability to provide these Services. G. The duty of the Department to provide emergency services within the special purpose districtor under the provisions of this Agreement is a duty owed to the Interlocal Agreement for Fire Services, Spokane Valley Fire Department Page 1 of 13 public generally,and by entering into this Agreement, the Departmentdoes not incur a special duty to the City, the property owners, residents or occupants of the City. H. This Agreement is entered into for the benefit of the Parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. I.This Agreement is intended to modify and replace the prior Interlocal Agreement for Fire Services in the City of Spokane Valley entered into by the Parties on th the 25th of July, 200829of February, 2012. . SECTION NO. 2:DEFINITIONS A.Agreement: “Agreement” means this Interlocal Agreement between the City and the Department regarding fire code compliance-related services. B. City: “City” means the City of Spokane Valley. C.Compensation: “Compensation” means the amount of money which the City will collect and pay the Departmentwill be paid through fees charged to third parties for providing Services at the rates identified in the Department’s currently adopted fee schedule, which may be updated from time to time by the Department and provided to the City. D. Department: “Department” means Spokane Valley Fire Department. E. Services: “Services” means all of those responsibilities set forth in Section 5, Parties Responsibility. F. Uncontrollable Circumstances: “Uncontrollable Circumstances” means the following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect providing of such Services. SECTION NO. 3:PURPOSE The purpose of this Agreement is to reduce to writing the Parties’ understanding as to the terms and conditions under which the City and the Department will provide Services to each other. It is the intent of the Parties that Services to be provided will be consistent with the City’s Council/Manager form of government provided for in chapter 35A.13 RCW. SECTION NO. 4:DURATION/WITHDRAWAL A.This Agreement shall commence on the date the last signature is affixed hereto, and run through December 31, 2012until terminated by either party as provided below. Interlocal Agreement for Fire Services, Spokane Valley Fire Department Page 2 of 13 B.At the conclusion of the initial term (December 31, 2012), this Agreement st shall automatically be renewed from year to year thereafter effective January 1to st. December 31 All renewals shall be subject to all terms and conditions set forth herein or as This agreement may be modified and amended pursuant to Section 13 below. C.Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of 180 days written notice as provided for in Section 8 to the other Party. SECTION NO. 5: PARTIES RESPONSIBILITIES: A.The Department will administer the International Fire Code, as currently adopted or subsequently amended, for the City by maintaining a Fire Prevention Division, performing plan reviews, plat reviews for commercial and residential development, and by conductinginspections and investigations,when and as required by the InternationalFire Code, as well as when requested by the City. B.A. The Department agrees to designate a fire code official to implement, administer, and to work with the City to enforce the provisions of this code as provided for in the International Fire Code Section 103104. C. B. Inspections of existing occupancies shall be conducted as follows: 1.Inspections shall be performed under Section 104108 and Section 105 109 of the IFC. 2.Inspections in accordance with Section 104108 and 105109shall be conducted on an annual basis except Group H(hazardous) occupancies, which maybe inspected semi-annually. In all cases the inspections are to be conducted in a regularly scheduled manner. 3.The Departmentshall serve written notice of a violation of the IFC to the property and/or business as is appropriate. Re-inspection of failed inspections will be conducted not more than 30 calendar days after the initial inspection. The 30 day limit may be exceeded if so doing does not endanger persons occupying or accessing the occupancy and the fire inspector sets and comments in writing a date certain for re-inspection. 4.If compliance is not achieved after the first re-inspection, a second written notice shall be served unless there is an immediate hazard to public safety. 5.If after the second re-inspection non-compliance still exists, the Department shall confer with the Building Official and jointly prepare the Interlocal Agreement for Fire Services, Spokane Valley Fire Department Page 3 of 13 enforcement action. The Cityshall be responsible for costs of code enforcement actions. The Building Official shall issue stop work orders as deemed appropriate. 6. At the time of the first inspection, Fire Prevention Division Inspectors shall determine if a valid permit has been issued to occupancies requiring a permit, pursuant to IFC Section 105. If a valid permit has not been issued, the Department inspector will take appropriate action to inform the occupant of the local requirements. 7. Notwithstanding the foregoing, immediate enforcement and or other actions may be undertaken by the City in lieu of warnings or re-inspections if to do so is necessary to comply with applicable law or for other circumstances determined by the City. D. C. The City is responsible for providing fire investigations pursuant to RCW 43.44.050. The Department has authority to conduct fire investigations on behalf of the City pursuant to RCW 52.12.031(8). Accordingly, the Department shall conduct Ffire Iinvestigations for fires occurring in the City. All such fire investigations shall be performed in conformance with the IFC and other City, state and federal requirements within the City. All investigations involving arson or mischievous burning shall be reported to the appropriatelaw enforcement agency for enforcement. E. D. A copy of plans submitted to the City for a building permit or a plat approval for commercial or residential development building construction and alteration shall be submitted by the City to the Department for review. The Department shall be responsible for determining: 1.Fire hydrant locations. 2. Connections for locations of standpipes and sprinkler systems. 3. Key box locations and approvals. 4. Fire flow availability in all areas where the water provider does not have sufficient information. 5. Road access requirements to property and buildings for fire fighting purposes, including designated fire lanes. The City shall be responsible for implementing the Department’s determinations through the City’s permitting process. F. E. The City shall submit to the Department, and the Department shall review and comment on,all Department shall further assist the City in the review of plans for aAutomatic Ffire sSuppression sSystems, and Ffire Aalarm and Ddetection sSystems, and other fire protection system plans. Interlocal Agreement for Fire Services, Spokane Valley Fire Department Page 4 of 13 G. F. The City and the Department shall both conduct final inspections of new buildings other than single family dwellings or private garages. H. G. The Department shall review applications and perform field inspections of public fireworks displays to einsure compliance with applicable State and City requirements. I.H.T he City shall assist the Department as necessary in implementing and enforcing the Department’s determinations under this Section No. 5, as the City deems appropriate.. J. I. The Department shall refrain from performing any of the services specified in this paragraph Section 5 upon written request by the City. SECTION NO 6: COST OF SERVICES AND PAYMENTS The City shall pay the Departmentshall be paid for the costs for Services provided by the Department under this Agreementas set forth inthrough fees charged to third parties underin accordance with the Department’s currently adopted fee schedule. The Department shall be responsible for billing and collection of all annual inspection, operational permit, fire investigation and other related fees for the Services provided to commercial properties not owned by the City under this Agreement. Commercial properties owned by the City shall not be subject to fees for inspections, permits, or investigations. The Department is responsible for billing and collecting any Department fees that are not directly related to a building permit application or land use permit application submitted to the City by a third party. The City is responsible for billing and collecting the City’s application and review fees. The City shall be is also responsible for billing and collectingon of , on behalf of the Department, those applicationfeesand review fees of the Department that are related to building permit applications and land use permit applicationssubmitted by third parties to the City. The City shall collect use the Department’s currently adopted fee schedule for billing and collecting those building and land-use permit-related fees that the City charges to and collectsfrom third parties on behalf of the Departmentand retain a $35 processing fee in addition to the fees listed in the currently adopted fee schedule. Fees collected by the City on behalf of the Department shall be forwarded by the City on a quarterly basis to the Department. To the extent the City bills third parties for the Department’s fees, the City shall be entitled to charge, collect and retain a $35.00 processing fee (“Processing Fee”) in addition to the fees listed in the currently adopted fee schedule. The Processing Fee is collected on the City’s behalf and shall therefore not be included in the collected fees that are forwarded to the Department.Fees collected by the City on behalf of the Department shall be forwarded by the City on a quarterly basis to the Department. Either Party may dispute any claimed moneys owed. In the event the Parties cannot mutually resolve any dispute over moneys owed within 30 calendar days from the time a written claim is made, Interlocal Agreement for Fire Services, Spokane Valley Fire Department Page 5 of 13 unless otherwise agreed by the Parties, the matter shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 16. The selection of arbitrators as provided for in Section No.16 shall commence within 30 calendar days of the running of the 30 calendar day time frame. The Parties recognize that it is not always possible for either Party to discover errors in payment. The Parties further recognize that there must be some finality to addressing such errors. Accordingly, the Parties agree that both Parties are foreclosed from challenging any errors in payment unless the challenge is made in writing to the other party within 30 calendar days of the last invoice of the calendar year. Errors raised within this time frame that are not mutually resolved shall be subject to the Dispute Resolution provisions set forth in Section No. 16. SECTION NO. 7: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES A Departmentrepresentative shall make reasonable efforts to attend staff or Council meetings as requested by the City Manager. A Department representative shall make reasonable efforts to meet upon request by the City Manager or his/her designee to discuss any Service provided under the terms of this Agreement. SECTION NO. 8: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (2ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the Department or the City at the address set forth below for such Party, or at such other address as either Party shall from time to time designate by notice in writing to the other Party: DEPARTMENT: Spokane ValleyFire Department Fire Chiefor his/her authorized representative 10319 East Sprague Avenue2120 N. Wilbur Rd. Spokane Valley,WA 99206 CITY: City of Spokane Valley City Manager or his/her authorized representative 11707 East Sprague Avenue, Suite 10610210 E Sprague Ave. Spokane Valley, Washington 99206 Interlocal Agreement for Fire Services, Spokane Valley Fire Department Page 6 of 13 SECTION NO. 9:ASSIGNMENT No Party may assign in whole or part its interest in this Agreement without the written approval of the other Party. SECTION NO. 10: DEPARTMENT/CITYEMPLOYEES The Department shall appoint, hire, assign, retain and discipline all employees performing DepartmentServices under this Agreement according to applicable collective bargaining agreements and applicable state and federal laws. The City shall appoint, hire, assign, retain and discipline all employees performing City Services under this Agreement according to applicable collective bargaining agreements and applicable state and federal laws. SECTION NO. 11: LIABILITY A.The Departmentshall indemnify and hold harmless the Cityand its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the Department, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the City, the Department shall defend the same at its sole cost and expense; provided that the City reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the City, and its officers, agents, and employees, or jointly against the City and the Department and their respective officers, agents, and employees, the Department shall satisfy the same. B. The City shall indemnify and hold harmless the Department and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the City, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the Department, the City shall defend the same at its sole cost and expense; provided that the Department reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the Department, and its officers, agents, and employees, or jointly against the Department and the City and their respective officers, agents, and employees, the City shall satisfy the same. C. If the comparative negligence of the Parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. Interlocal Agreement for Fire Services, Spokane Valley Fire Department Page 7 of 13 D.Where an officer or employee of a Party is acting under the direction and control of the other Party, the Party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other Party’s officer or employee’s negligence. E.Each Party’s duty to indemnify shall survive the termination or expiration of the Agreement. F. The foregoing indemnity is specifically intended to constitute a waiver of each Party’s immunity under Washington’s Industrial Insurance Act, chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor’s employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. G. The Department and the City agree to either self insure or purchase policies of insurance covering the matters contained in this Agreement with coverages of not less than $3,000,000 per occurrence with $3,000,000 aggregate limits including professional liability and auto liability coverages. SECTION NO. 12: RELATIONSHIP OF THE PARTIES The Partiesintend that an independent contractor relationship will be created by this Agreement. The Department shall be an independent contractor and not the agent or employee of the City., Thethat the City is interested only in the results to be achieved by the Department’s work under this Agreement, and thattherefore the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the Department. Any and all employees who provide Services to the City under this Agreement shall be deemed employees solely of the Department. The Department shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of the City shall be deemed to be an employee, agent, servant or representative of the Department for any purpose. It is understood that the Departmentshall from time to time upon identification of a life safety violation of code or a parking violation impairing access to fire hydrants or routes of ingress or egress to emergency scenes or restricted fire zones, need to immediately issue citations for these violations. It is further understood that the Fire Department, under the authority of the Spokane County Sheriff’s Office may, if necessary, take such actions under the sole authority of the Spokane County Sheriff’s Office and/or the Department and pursuant to a separate agreement with the Spokane County Sheriff’s Office. Any costs or liability that may result from these actions shall be the responsibility of either the Fire Departmentor Sheriff’s Office respectively. SECTION NO. 13: MODIFICATION Interlocal Agreement for Fire Services, Spokane Valley Fire Department Page 8 of 13 This Agreement may be modified in writing by mutual written agreement of the Parties. Proposals for modification shall be submitted to the other party at least 60 days before the end of the calendar year. SECTION NO. 14:PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in conjunction with providing the Services shall remain with the original owner, unless otherwise specifically and mutually agreed toby the Partiesto this Agreement. For the purpose of this section, the terminology "owner" means that Party which paid the full purchase price for the property or equipment. SECTION NO. 15:ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the Parties. The Parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the Parties unless such change or addition is in writing, executed by the Parties. This Agreement shall be binding upon the Parties hereto, their successors and assigns. SECTION NO. 16:DISPUTE RESOLUTION Any dispute between the Parties which cannot be resolved between the Partiesshall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and considered by the Department and the City Manager. If the Department and the City Manager cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding. The Department and the City shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the Parties and shall be subject to judicial review as provided for in chapter 7.04A RCW. The costs of the arbitration panel shall be equally split between the Parties. Each Party shall be responsible for its own costs in preparing and presenting its case. SECTION NO. 17:VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to Interlocal Agreement for Fire Services, Spokane Valley Fire Department Page 9 of 13 interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 18:SEVERABILITY The Partiesagree that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 19:RECORDS All public records prepared, owned, used or retained by the Departmentin conjunction with providing Services under the terms of this Agreement shall be deemed City property and shall be made available to the City upon request by the City Manager subject to the attorney-client and attorney work product privileges set forth in statute, court rule or case law. The Department will timely notify the Cityof any public disclosure request under chapter 42.56 RCW for copies or viewing of such records as well as the Department’s response thereto. SECTION NO. 20: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 21:UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the Departmentwhich render legally impossible the performance by the Department of its obligations under this Agreement, shall be deemed not a default under this Agreement. Interlocal Agreement for Fire Services, Spokane Valley Fire Department Page 10 of 13 SECTION NO. 22:FILING This Agreement shall be filed by the Departmentwith such offices or agencies as required by chapter 39.34 RCW. SECTION NO. 23:EXECUTION AND APPROVAL The Parties warrant that the officers executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. SECTION NO. 24:INITIATIVES The Parties recognize that revenue reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for the City, Department or both Parties. The Parties agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of revenue reducing initiative(s). If such an event occurs, the Parties agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. SECTION NO. 25: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. SECTION NO. 26: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either Party’s authority or power under law. Interlocal Agreement for Fire Services, Spokane Valley Fire Department Page 11 of 13 IN WITNESS WHEREOF, the Partieshave caused this Agreement to be executed on date and year opposite their respective signatures. City of Spokane Valley Date: John Hohman, City Manager Spokane Valley Fire Department Date: Frank Soto, Fire Chief Date: Patrick Burch, Fire Commissioner Date: Mike Kester, Fire Commissioner Date: Brian Asmus, Fire Commissioner Date: Rick Freier, Fire Commissioner Date: John Guarisco, Fire Commissioner DATED: SPOKANE VALLEY FIRE DEPARTMENT ATTEST: Monte Nesbitt,Board Chair Mike Thompson Fire Chief/ Interlocal Agreement for Fire Services, Spokane Valley Fire Department Page 12 of 13 District Secretary DATED: CITY OF SPOKANE VALLEY ATTEST: Mike Jackson, City Manager Christine Bainbridge, City Clerk APPROVED AS TO FORM ONLY: Kelly Konkright, City Attorney Office of the City Attorney Interlocal Agreement for Fire Services, Spokane Valley Fire Department Page 13 of 13 CITY OF SPOKANE VALLEY Request for Council Action th Meeting Date: February 4 , 2025 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Washington Organized Retail Crime Association Grant GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The Washington Organized Retail Crime Association via the Washington State Department of Commerce has provided grant funding to the Spokane Valley Police Department and the City of Spokane police Department in the amount of $90,000.00. The grant’s purpose is to create a local pilot program to coordinate effective responses to organized retail crime with a focus on diversion-oriented programs and restitution in Spokane County. WAORCA will facilitate and manage meetings, goals, execution of SOW, and data collection for the local pilot program. The Spokane County Oversight Committee members include retail stores, law enforcement, Spokane County Felony Diversion Program, and a dedicated prosecutor. th The grant contract will remain in effect until June 30, 2025. Project goals: WAORCA has identified Spokane County and its listed Oversight Committee with the purpose of achieving the following goals: Increase reporting of organized retail crime instances. Increase law enforcement responses to reported organized retail crime instances. Identify or hire a designated prosecutor focused on organized retail crime in Spokane County. Enhance the coordination between retail stores, law enforcement, and diversion programs with the designated prosecutor, Coordinate and track offenders that are eligible and referred to diversion-oriented programs, and Focus prosecution on known high utilizers when the local team has determined diversion-oriented programs and restitution are not options. Specific Measurables: Number of Organized Retail Crime reports generated in Spokane County Pilot Program Area. Number of Law Enforcement responses generated in Spokane County Pilot Program Area. Number of people eligible for diversion-oriented programs in Spokane County Pilot Program Area. 1 | Page Number of people offered diversion in Spokane County Pilot Program Area. Number of diversions initiated in Spokane County Pilot Program Area. Subjective list of ORC prevention and diversion oriented focused best practices. The Spokane Valley Police Department will be using a variety of tools, techniques and staff to utilize the grant funding. OPTIONS: No Council action to be taken. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Erik Lamb, Deputy City Manager; Dave Ellis, Spokane Valley Police Chief ATTACHMENTS: Spokane Valley Police Department WORCA Grant Powerpoint 2 | Page CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 4, 2025 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Administrative Report on Local Solid Waste Financial Assistance (LSWFA) Grant Opportunity, 2025-2027 Biennium GOVERNING LEGISLATION: Chapter 70A.205 RCW: Solid Waste ManagementReduction and Recycling Chapter 70A.300 RCW: Hazardous Waste Management RCW 35.21.120: Solid waste handling systemContracts. Chapter 70A.305 RCW: Model Toxics Control Act RCW 82.21.030: Pollution tax Chapter 70A.305.180 RCW: Model toxics control operating account Chapter 70A.214 RCW: Waste Reduction Chapter 70A.224 RCW: Used Oil Recycling PREVIOUS COUNCIL ACTION TAKEN: July 23, 2024 Council selected Sunshine for a 20-year contract and authorized staff to negotiate a final contract for Council approval. December 10, 2024 Administrative Report on proposed agreement with Sunshine for Solid Waste Transfer, Transport, and Disposal services December 17, 2024 - Approval of Solid Waste Transfer, Transport, and Disposal Agreement with Sunshine Recyclers, Inc. BACKGROUND: To help offset costs for solid waste management, the State of Washington provides both competitive and non-competitive grants as funding allows. Each biennium, the Washington Legislature authorizes a financial assistance program under the Model Toxics Control Act (MTCA) through the Local Solid Waste Financial Assistance (LSWFA) Grant to 1) support local solid and hazardous waste planning and implementation, and 2) to enforce rules and regulations governing solid waste handling. Moneys in the model toxics control operating account may only be used to carry out the purposes of the MTCA chapter, which includes financial assistance for local programs and plans, including local solid waste financial assistance. LSWFA Grant funding for cities like Spokane Valley may be used for planning and implementation (and not enforcement) which includes tasks such as: Local solid and hazardous waste plan development and maintenance Local solid and hazardous waste plan implementation including - o Moderate risk waste programs: collecting and disposing of household hazardous waste o Waste reduction and recycling programs: education and outreach, contamination reduction o Organics programs: education and outreach to encourage compost diversion from garbage, compost procurement reporting The Department of Ecology (Ecology) administers the LSWFA Grant and allocates funding to eligible jurisdictions that apply for the grant budget. Eligible independent cities, such as Spokane Valley, receive a per capita allocation. This grant is non- competitive, is reimbursement-based, and requires a 25% match. The LSWFA Grant allocation available to Spokane Valley has historically ranged between $100- 200K. For the 2025-2027 Bienniumstate share allocation is $158,576. Due to limited staffing and the reporting and monitoring requirements, the City has historically not applied for its LSWFA Grant allocation. However, in recent years City staffing has shifted to include greater capacity for grant management and experience in both reporting and compliance. During negotiations with Sunshine, the City identified that the solid waste-related grants may provide opportunities to offset costs for certain services that could result in decreases in rates paid by ratepayers and/or provide additional services that are beneficial to residents. The LSWFA Grant application for the 2025-2027 Biennium is due February 12, 2025. Staff are providing this information to get Council consensus on whether to apply for the LSWFA Grant at this time, or to wait until the next application cycle in two years. There are several issues for City Council to consider for this grant, including (1) reimbursement and funding match issues, (2) potential projects, and (3) timing. Reimbursement and Funding Match Issues. First, the LSWFA Grant is a reimbursement- based grant and there is a required City-match for the funding. Grantees receive 75% of total eligible costs and are directly responsible for the remaining 25% of costs. Under the current contract with Sunshine, the City does not pay for any costs or services directly. Thus, an amendment would be necessary if Sunshine provided grant-funded projects and the City would be required to pay for certain grant-eligible costs in order to receive grant reimbursement. Further, because the grant has a required match, the City would be responsible for 25% of the total costs. Given the available allocation of approximately $160,000, this means that over the next two years the City would be required to fund $50,000 to receive the $160,000. City staff have had preliminary conversations with Sunshine about possible amendments to allow the City to receive the grant funds. One example that has been discussed would be for the City to pay for certain grant-eligible costs, such as moderate risk waste disposal costs, from funds within the Solid Waste Fund 106 and seek reimbursement for up to 75% of the total costs. In return, Sunshine would reduce gate rates to ratepayers based on the total amount received. More discussion with Sunshine would be required to determine the total savings to ratepayers, long- term financial impact for such a plan, as well as other options that might be desired by Council. Potential Projects. If City Council is comfortable with the use of Solid Waste funds to pay the matching portion, there are a number of possible project opportunities. Some projects identified by Sunshine that the LSWFA funds may be applied to include: Lithium-ion battery storage: establishing a separate temporary storage area while the batteries are waiting to be recycled. The strategy requires specialized equipment and dedicated personnel hours to accomplish. Special battery collection events: partner with community stakeholders to host offsite special collection events twice a year to encourage proper disposal of lithium-ion batteries. Events would be hosted at central locations to promote use, visibility, and awareness. Food waste prevention events/activities: partner with community stakeholders to host offsite special collection events twice a year to demonstrate food waste prevention strategies and demonstrate proper disposal. Events would be hosted at existing activities to promote participation, visibility, and awareness. Homeless encampment response: The City has taken a multi-pronged approach to addressing homelessness including consistent enforcement, investment in services, and clean-up efforts and provides an expanded resource for maintaining public rights-of-way. City would define the recipient of the waste at the Transfer Station. Timing. LSWFA grant applications are due by February 12, 2025, at 5 p.m. While there are still many details that would need to be worked out to ultimately receive the funds, including potential contract amendments, applying for the LSWFA Grant does not lock the City into having to expend any funds. First, applications can be made broadly for a variety of possible projects. Secondly, there is no penalty or mandate to expend funds. If the City applies for funds but does then distributed back to Spokane County or other agencies that need additional funds. Thus, while the application deadline is very tight, there is still time throughout the spring to determine a final course of action on whether to use the funds or give them back to Ecology. Finally, this grant is on a two-year cycle, and so the next opportunity to apply will be in 2027. Next Steps. Staff are seeking Council direction on whether to proceed with the LSWFA Grant application for the 2025-2027 Biennium. If Council does so, the application would be extremely broad to allow further Council discussion on its desire to expend funds or not, the desired project or projects, and if appropriate, necessary contract amendments to be approved and executed to allow the City to utilize the grant. OPTIONS: Discussion; consensus on whether to return with a motion consideration to apply for the LSWFA Grant for solid waste reduction; or take other action deemed necessary by Council. RECOMMENDED ACTION OR MOTION: Discussion; consensus on whether to return with a motion consideration to apply for the LSWFA Grant for solid waste reduction; or take other action deemed necessary by Council. BUDGET/FINANCIAL IMPACTS: City would be required to pay all costs and would receive reimbursement for 75% of eligible costs. Estimated match would be approximately $50,000 total spread over two years to receive $158,576. Match and costs would be paid from available funds in Solid Waste Fund 106. STAFF CONTACT: Erik Lamb, Deputy City Manager; Sarah Farr, Accounting and Finance Program Manager ATTACHMENTS: