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2025, 04-01 Forml B Meeting Packet AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL B FORMAT Tuesday, April 1, 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 Citizens must register by 4 p.m. the day of the meeting to provide comment by Zoom. Please use the links below to register to provide verbal or written comment. Sign up to Provide Verbal 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 verbal 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. PUBLIC HEARING: Potential Public Safety Sales Tax Measure Erik Lamb, Kelly Konkright \[public comment opportunity\] 2. Ordinance 25-004: First Read, Voter Approved Public Safety Sales Tax Measure Erik Lamb Council Agenda April 1, 2025 Page 1 of 2 3. Ordinance 25003: First Read: CTA Relating to Illicit Massage Business Kelly Konkright, Caitlin Prunty, Chief Ellis and Detective Keys \[public comment opportunity\] 4. Resolution 25-003: Declaring the City is not a sanctuary city Erik Lamb \[public comment opportunity\] 5. Motion Consideration: Appoint members for Homeless/Housing Task Force Gloria Mantz \[public comment opportunity\] NON-ACTION ITEMS: 6. Admin Report: Affordable Housing RFP Presentations Gloria Mantz, Sarah Farr 7. Admin Report: Commute Trip Reduction Plan Update 2025-2029 - Adam Jackson, LeAnn Yamamoto 8. Admin Report: Aquifer Protection Area Report Erik Lamb, Robert Blegen, Adam Jackson 9. Admin Report: 2025 TIP Amendment - Adam Jackson 10. Admin Report: Potential Grant: WA State Department of Transportation Bridge Program - Adam Jackson INFORMATION ONLY: 11. Flora Cross Country Complex County Sewer Easement 12. SREC ACE Accreditation for Emergency Medical Dispatch Services GENERAL PUBLIC COMMENT OPPORTUNITY: General public comment rules apply. COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURNMENT Council Agenda April 1, 2025 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 1, 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: Public Hearing for Potential Public Safety Sales Tax Measure GOVERNING LEGISLATION: RCW 82.14.450 PREVIOUS COUNCIL ACTION TAKEN: Relevant discussions include: November 22, 2022 – Renewed the Interlocal Agreement for Law Enforcement Services as provided by the Spokane County Sheriff’s Office (“Sheriff”) to the City of Spokane Valley, contract number 17-104. April 18, 2023 – Administrative Report from Matrix. November 6, 2023 – Staff presented the Police Calls for Service and Staffing Evaluation completed by Matrix. January 30, 2024 – Staff presented an update on implementation of the Matrix recommendations. February 6, 2024 – Spokane Valley Police Chief Ellis provided an administrative report on the Spokane County Sheriff’s Office new recruitment and retention plan. February 13, 2024 – City Council ranked public safety as its top priority for 2024. February 27, 2024 – City Council voted to approve hiring of ten new commissioned officers, one civilian analyst, and the shared lieutenant for the Office of Professional Standards in the 2025 budget year. November 19, 2024 – The 2025 Budget was adopted, including funding for the Phase I implementation of the new police related positions. January 7, 2025 – City Council authorized the specific positions for the additional positions. March 4, 2025 – City Council held a winter budget workshop at which Phase II implementation of additional officers was discussed as well as various available funding options. March 18, 2025 – City Council gave consensus to advertise for a public hearing on a potential public safety sales tax measure. BACKGROUND: At the March 4, 2025 Winter Workshop, Council discussed various items related to the upcoming development of the 2026 Budget. Two crucial cost items discussed at the Workshop were related to Public Safety Costs, specifically related to law enforcement services. The first was related to cost increases for current service levels in part due to Spokane County finalizing negotiations with the deputies collective bargaining agreement (CBA). Preliminary estimates show that this agreement could increase costs to the City by $4.7 million over the next three years (2025 through 2027). Even without the consideration of the increases due to the CBA, the City has seen law enforcement contract costs increase at about 5.2% annually on average and has seen an average increase of 10.9% since 2021. Other non-public safety department costs have needed to be cut in order to accommodate these increases within recurring revenue levels. The second law enforcement related item discussed was related to potential implementation of Phase II of hiring additional officers as outlined in the Matrix staffing study. The Public Safety Committee has been discussing Phase II and presented its identified Phase II recommendation th on March 4. Importantly, these positions would be recommended for the next phase, if recurring funding were identified. After review and discussion, the Public Safety Committee, at the recommendation of Chief Ellis and staff, recommend the following for Phase II: • Four Patrol Deputies • One School Resource Officer • One shared Sexual Assault Detective • One Behavioral Health Deputy (which would be part of a co-deploy team with a behavioral health specialist) These positions allow the City to address areas of concern indicated through the community outreach while also providing fiscal responsibility through the use of shared costs with partners (for the school resource officer) and grants (for the Behavioral Health co-deploy team). Central Valley, West Valley, and East Valley School Districts have agreements with Spokane County to pay a portion of the costs for school resource officers and therefore the City will pay only a portion of the total costs for such officers. The Behavioral Health Deputy will be funded through a grant from the State. Finally, the Sexual Assault Detective is a shared position and the City only pays for the share of costs associated with work within Spokane Valley. Historically, the shared portion is approximately 50%. Preliminary estimated costs for all seven positions are $1,038,503 in recurring costs and an additional $390,000 in one-time costs. Cost estimates also include offsets for cost recovery for the amounts paid by the School Districts for the School Resource Officer based on 2023 actual revenues received and grant payments for the Behavioral Health Unit Deputy. At this time, the City does not have the additional $1,038,503 in recurring revenue to pay for the Phase II officers. th At the March 4Winter Workshop, Council also discussed various possible options for new recurring revenue generation for the City. One such revenue option was the Public Safety Sales Tax as authorized by RCW 82.14.450. With voter approval, the City could implement a 0.1% sales tax for criminal justice purposes. A ballot measure for the Public Safety Sales Tax can only be submitted at primary or general elections (August or November). Motor vehicle sales and the first 36 months of motor vehicle leases are exempt from this portion of the sales tax. If passed, the City must share 15% of the revenues collected with Spokane County. Staff estimate that this sales tax would generate about $2.6 million in annual revenue to the City. th Staff’s understanding of Council discussion and direction at the March 4 Winter Workshop was that Council wanted additional information on both Phase II implementation of police staffing increases and the Public Safety Sales Tax with the option of getting the measure on the ballot for the primary election on August 5, 2025. Election Process and Dates In order to put a Public Safety Sales Tax measure on the ballot, Council would need to adopt an election ordinance. The ordinance must include background and reasoning on the need for the additional funding as well as the proposed ballot proposition. The adopted ordinance must be submitted to Spokane County prior to the election filing deadline which is May 2, 2025 for the August 5, 2025 primary election, or August 5, 2025 for the November general election. A draft ordinance identifying background information, identifying the uses of the funds for public safety services, including adding new officers, calling for an election on August 5, 2025 and certifying a proposition and ballot title to Spokane County Elections, and authorizing preparation of a local voters’ pamphlet providing information on the ballot measure, is included with this packet. In addition to the ordinance, Council must also appoint members to the pro and con committees prior to the filing deadline. The committees can contain up to three members each, and they are responsible for preparing the pro/con statements and rebuttal statements for the voter pamphlet. Also by the filing deadline, the City must prepare and submit an explanatory statement providing the purpose of the proposition, the financial impact, and other information about the measure in common and neutral language. Attached to this report are the draft ordinance and explanatory statement for a potential Public Safety Sales Tax ballot measure. Sales tax increases are effective at the next January 1, April 1, or July 1 following the election approving the increase; however, any change cannot be effective sooner than 75 days after the Department of Revenue receives notice of a favorable election (typically after the election is certified). This would mean that a Public Safety Sales Tax would be effective January 1, 2026 if approved at the August 5, 2025 primary election or April 1, 2026, if approved during the November 2025 general election. Governance Manual Considerations In addition to deadlines and restrictions for the potential ballot measure, the Council’s Governance Manual also has requirements to impose any new City tax. Pursuant to chapter 1, Section (C)(22) of the Governance Manual, prior to increasing or imposing a new tax, the City Council must hold a public hearing after providing proper notice. Notice includes publishing the notice of public hearing once a week for two consecutive weeks in the official newspaper of the City. Also, the Governance Manual states that approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the whole Council. Public Hearing On March 18, 2025, the City Council gave consensus to advertise for a public hearing and to advertise for applications for the pro/con committee. The public hearing has been advertised and is being held tonight. Staff will present information regarding a potential public safety sales tax and a first reading on an election ordinance. Next Steps If Council would like to pursue submitting a Public Safety Sales Tax measure on the August 5, 2025 primary election, the following would be the next steps: st Conduct Public hearing tonight and 1reading of the draft ordinance ndth 2 reading of the ordinance would be scheduled for April 15 if Council moves to advance the draft ordinance to a second reading. Applications for the pro/con committee members are currently being advertised and accepted. Appointments to the committees will be recommended by the Mayor and confirmed by Council according to the City’s standard practice if the draft ordinance is approved. nd Documents would be submitted to the County by the May 2 filing deadline. OPTIONS:Conduct Public Hearing. RECOMMENDED ACTION OR MOTION: Conduct Public Hearing. BUDGET/FINANCIAL IMPACTS: This potential revenue is part of discussions related to the 2026 Budget development. The City is currently experiencing structural imbalances in the growth of revenues as compared to the growth of expenditures in the General Fund and Street Fund. For example, the 2025 Budget, General Fund recurring expenditures increased by 6.02%, but recurring revenues only increased by 3.80%. The General Fund is also seeing average increases of 5.2% in Public Safety costs, without consideration of the need for additional officers. Also, there is no current recurring revenues available to provide for additional officers to meet City law enforcement needs into the future, with Phase II implementation costing an estimated $1,038,503 in recurring costs. The implementation of a Public Safety Sales Tax would provide an estimated $2.6 million in additional recurring annual revenue in the General Fund which would allow for implementation of Phase II additional officers in 2026 as well as helping to provide for rising costs in recurring Public Safety operations. STAFF CONTACT: Erik Lamb, Deputy City Manager; Chelsie Walls, Finance Director; Kelly Konkright, City Attorney ATTACHMENTS: Draft Ordinance 25-004 Draft Explanatory Statement Presentation CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 25-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING FORTHE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY AT THE AUGUST 5, 2025ELECTION OF A PROPOSITION AUTHORIZING AN INCREASE TO THE SALES AND USE TAX IN SPOKANE VALLEY OF ONE-TENTH OF ONE PERCENT (0.1%) ON THE SELLING PRICE OR VALUE OF AN ARTICLE TO FUND PUBLIC SAFETY AS PERMITTED IN RCW 82.14.450; SETTING FORTH THE TEXT OF THE BALLOT PROPOSITION; DIRECTING PROPER CITY OFFICIALS TO TAKE NECESSARY ACTIONS; AND PROVIDING FOR OTHER MATTERS RELATED THERETO. WHEREAS, the City Council of the City of Spokane Valley, Washington (the “City”), has adopted six budget priorities for 2025, including (1) increase public safety response and service levels; (2) prioritize infrastructure maintenance and preservation and advance strategic capital projects through grant awards; (3) continue economic development efforts to maximize business growth and develop tourism destinations; (4) maintain a strong financial position; (5) use strategic partnerships to reduce and prevent homelessness in Spokane Valley; and (6) expand homeownership opportunities within the region; and WHEREAS, the City Council has reaffirmed public safety and service levels as its top priority; and WHEREAS, the City has maintained conservative fiscal policies to minimize taxes on City residents. As part of these policies, the City Council funds recurring annual expenses with recurring revenue in order to avoid budget shortfalls, which would result in cutting service levels or programs. The City also contracts for services when prudent to minimize personnel costs and overhead. As a result, the City’s General Fund revenue is just 61% of the annual and per-capital revenue of like sized cities in the State of Washington (the “State”); and WHEREAS, one key area where contracted services has been both fiscally and operationally effective is through contracted law enforcement services with the Spokane County Sheriff’s Office (the “Sheriff’s Office”). The City began contracting for law enforcement services through the Sheriff’s Office in 2003 when the City was incorporated. Contracting for law enforcement services with the Sherriff’s Office has provided exceptional police service at lower costs as compared to in-house police services by like-sized cities in the State. However, costs for police account for 54% of the City’s 2025 General Fund budget, and all public safety costs (including police, prosecution, public defense, court, jail, and animal control services) account for 64% of the City’s 2025 General Fund budget; and WHEREAS, the City has historically managed services by finding efficiencies and stretching existing resources to provide the maximum level of service possible. For instance, while staffing models have changed over time to meet demands, until recently, the City has only added 5 dedicated police officers between 2007 and 2023; and DRAFT WHEREAS, the City’s population has grown from 87,894 to 108,800 between 2007 and 2024, an approximately 22% increase, and the City saw an increase in calls for service of 17% between 2017 and 2023. Police staffing levels have not kept pace with this growth; and WHEREAS, as part of its ongoing management of police services and in response to the growth in calls for service, in 2023 the City engaged Matrix Consulting Group Ltd. to conduct an extensive review of the City’s police needs, operations, and staffing levels (the “Study”); and WHEREAS, as of 2022, the City had 91 dedicated police officers and 37 shared police positions under its contract with the Sherriff’s Office. The Study reviewed the actual need to meet the calls for service and recommended that the City hirean additional combined 31 commissioned and non-commissioned positions to meet public safety needs; and WHEREAS, in 2024, the City Council authorized 12 additional police related positions, at a total estimated cost of $2,325,032. In order to avoid increasing taxes, these new positions were funded from existing resources in 2024 and have been incorporated into the 2025 budget through the combination of reprioritizing funding and making cuts to non-police City programs; and WHEREAS, in addition to the identified and desired additional police related positions, the City has experienced rapid growth in costs for law enforcement services in the last several years. Since 2021, costs for law enforcement services have grown an average of 10.9% (including the additional police related positions). These costs are a result of legislative changes impacting police services and liability and challenges that exist in theState and within the region regarding recruiting, hiring, and retaining officers; and WHEREAS, as a result of adding the additional 12 police related positions and accounting for the annual anticipated cost increases, the City’s total 2025 public safety budget increased 14%; and WHEREAS, to avoid increasing taxes to pay for the additional 12 police relatedpositions and anticipated cost increases, the City Council cut non-police services and City programs by approximately 5%; and WHEREAS, nearly all of the2025 budgetcuts will not be available in the 2026 budget or future years because they resulted in removal of complete programs, such as funding to outside agencies and general fund subsidies of street maintenance operations; and WHEREAS, the City Council has identified a desire to hire additional police officers, but has determined that there are not sufficient existing recurring revenues to do so; and WHEREAS, the City also estimates that costs for all law enforcement services will continue to increase annually. Currently, the City understands that costs will increase at least approximately $4.7 million over the next three years due to recently approved collective bargaining agreements; and WHEREAS, the City has maintained a history of fiscal conservatism. The City’s two primary revenue sources are property taxes and sales taxes. Together, they account for more than 80% of the City’s General Fund revenue. The City Council has not taken statutorily authorized 2 DRAFT annual 1% increases in property taxes since 2009 and the only growth in property taxes has occurred from new development; and WHEREAS, the City only receives 8% of the total property taxes paid by property taxpayers within the City. The remaining 92% is distributed among the State, Spokane County, and voter approved levies to fire districts, school districts, and other governmental entities. For instance, on a median home with a value of $439,000, the City receives $346 out of the total $4,581 of property tax paid by the homeowner; and WHEREAS, as a result, City property tax revenue growth has not kept pace with inflation since 2009 nor has it kept pace with cost increases in law enforcement; and WHEREAS, the City currently levies a sales and use tax of 0.85% for general revenue purposes. The aggregate sales and use tax levy within the City is currently 8.9%, also distributed among the State, Spokane County, and other overlapping jurisdictions; and WHEREAS, sales tax revenues are highly dependent on the economy and on consumer spending; and WHEREAS, while sales tax revenues can be volatile, within the City sales tax revenues have been flat or slightly declining over the last two years, and have also not kept pace with the increase in cost of public safety; and WHEREAS, according to a study conducted by Retail Strategies in 2023, approximately 48% of all sales taxes collected in the City are paid by non-City resident consumers; and WHEREAS, RCW 82.14.450 allows the City to levy an 1/10 of 1% (0.1%) sales tax for public safety purposes, subject to voter approval; and WHEREAS, given the need for additional police officers as identified in the Study, the anticipated increases in law enforcement costs, and limited resources, the City Council believes that it is necessary to let voters decide whether to raise sales taxes by 1/10 of 1% (0.1%) to pay for additional law enforcement officers and increasing law enforcement costs; and WHEREAS, if approved by the voters, the 1/10 of 1% (0.1%) sales tax is expected to raise approximately $2.6 million annually; and WHEREAS, pursuant to chapter 1, Section (C)(22) of the City of Spokane Valley Governance Manual (the “Governance Manual”), prior to increasing or imposing a new tax, the City Council must hold a public hearing after providing proper notice; and WHEREAS, the City Council held a public hearing on the proposed sales tax for public safety on April 1, 2025, at which time public testimony was heard; and WHEREAS, pursuant to the Governance Manual, adoption of this ordinance requires an affirmative vote of a majority plus one of the whole City Council; 3 DRAFT NOW, THEREFORE, the City Council of theCity of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Public Safety Sales and Use Tax. The City Council hereby finds that the best interests of the residents of the City and the general public require the City to pay costs associated with providing and/or contracting for public safety services, including but not limited to costs associated with:providing public safety services to meet increased demand and calls for service; adding new policeofficers; paying public safety operations, maintenance and capital; providing for law enforcement staffing and retention; and providing other City operations and services authorized by RCW 82.14.450 (the “PublicSafety Services”). The City Council reserves the right, in accordance with its budget process, to determine the levels of service to be provided as permitted under applicable State law and within the available revenues collected from this increase. If revenues are sufficient, the Council reserves the right to use such additional funds to contract for, or pay personnel and related costs for recruiting, hiring, training, equipping and employing additional personnel in other capacities authorized by RCW82.14.450. The cost of all compensation, benefits, training, support services, equipment, vehicles, infrastructure, facilities, real property, and/or administrative expenses and other costs incurred and/or contracted for in connection with Public Safety Servicesshall be deemed a part of the costs. The City Council may alter, make substitutions to, and amend such components as it determines are in the best interests of the City and consistent with the general descriptions provided herein. The tax shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the State under chapter82.14 RCW upon the occurrence of any taxable event within the City. Section 2. Calling of Election. It is hereby found that the best interests of the citizens of the City require the submission to the qualified electors of the City for approval or rejection at the election to be held on August 5, 2025 of a proposition authorizing an additional sales and use tax of 1/10th of 1% (0.1%) on the selling price in the case of a sales tax or the value of the article used in the case of a use tax pursuant RCW 82.14.450. Spokane County Elections, as ex-officio supervisor of elections in the City, is hereby requested to submit to the qualified electors of the City the proposition set forth below. Upon approval of the voters of the proposition hereinafter set forth, the City may use proceeds of such sales and use taxto pay the costs of Public Safety Services as more particularly described in this ordinance. 4 DRAFT The City Clerk is hereby authorized and directed to certify a proposition to Spokane County Elections, as ex-officio supervisor of elections in Spokane County, Washington, in substantially the following form: CITY OF SPOKANE VALLEY PROPOSITION NO. ___ PUBLIC SAFETY SALES AND USE TAX The City Council of the City of Spokane Valley passed Ordinance No. _______ concerning funding for public safety services. If approved, this proposition would increase the sales and use tax rate by 1/10th of 1% (0.1%) to provide funding for public safety services to meet increased demand and calls for service; adding new police officers; paying public safety operations, maintenance and capital; providing for law enforcement staffing and retention; and providing other City operations and services as permitted under RCW 82.14.450. Should this proposition be approved? YES _____ NO ______ For purposes of receiving notice of the exact language of the ballot proposition required by RCW 29A.36.080, the City Council hereby designates: (a) the City Clerk and (b) Bond Counsel to the City, as the individuals to whom such notice should be provided. Bond Counseland City Clerk are each authorized individually to approve changes to the ballot title, if any, deemed necessary by the Spokane County Auditor. The City Clerk is authorized to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener’s or clerical errors, references, numbering, section/subsection numbers, and any reference thereto. The proper City officials are authorized to perform such duties as are necessary or required by law to submit the question of whether the 0.1% sales tax shall be levied, as provided in this ordinance, to the electors at the August 5, 2025 election. Section 3. Local Voters’ Pamphlet Authorized. The preparation and distribution of a local voters’ pamphlet providing information on the foregoing ballot measure is hereby authorized. The pamphlet shall include an explanatory statement and arguments advocating approval and disapproval of the ballot measure, if any. In accordance with RCW 29A.32.280, the arguments advocating approval and rejection of the ballot measure shall be prepared by committees appointed by the City Council. Each committee shall be composed of not more than three persons; however, a committee may seek the advice of any person or persons. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. 5 DRAFT Section 5. Effective Date. This ordinance shall take effect and be in force five days after the date of publication of this ordinance or a summary thereof in the official newspaper of the City. Passed by a majority plus one vote of the City Council of Spokane Valley this ____ day of ___________, 2025. _________________________________ Pam Haley, Mayor ATTEST: _________________________________ Marci Patterson, City Clerk Approved as to Form: _________________________________ Pacifica Law Group LLP, Bond Counsel Date of Publication: Effective Date: 6 DRAFT 3/9/2025 \[NOTE – LIMITED TO 175 WORDS\] Explanatory Statement: City of SpokaneValley, Washington Public Safety Sales Tax The City of Spokane Valley provides public safety and related services to its residents and businesses through a contract with the Spokane County Sheriff’s Office. The City has identified a need for additional dedicated police officers to keep up with the rising population within the City and increasing calls for service. In order to pay for public safety expenses, including additional police officers and increasing law enforcement costs generally, the City Council has approved a Public Safety Sales Tax ballot measure. If approved by voters, the City would impose a 0.1% sales tax on retail sales within the City that would be paid by all retail sales consumers, including non-residents. New sales tax revenue would pay costs associated with: providing public safety services; adding new police officers; paying public safety operations, maintenance and capital; providing for law enforcement staffing and retention; and providing other public safety operations and services authorized by RCW 82.14.450. If this measure is approved, the additional 0.1% sales tax would generate approximately $2.6 million in 2026. time decreases not available for the 2026 budget, include: - One – SIZED CITIES - 2024 POLICE COMPARISON SIMILAR CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 1, 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: First Reading of Ordinance No. 25-004 regarding a voter approved public safety sales tax measure GOVERNING LEGISLATION: RCW 82.14.450 PREVIOUS COUNCIL ACTION TAKEN: Relevant discussions include: November 22, 2022 – Renewed the Interlocal Agreement for Law Enforcement Services as provided by the Spokane County Sheriff’s Office (“Sheriff”) to the City of Spokane Valley, contract number 17-104. April 18, 2023 – Administrative Report from Matrix. November 6, 2023 – Staff presented the Police Calls for Service and Staffing Evaluation completed by Matrix. January 30, 2024 – Staff presented an update on implementation of the Matrix recommendations. February 6, 2024 – Spokane Valley Police Chief Ellis provided an administrative report on the Spokane County Sheriff’s Office new recruitment and retention plan. February 13, 2024 – City Council ranked public safety as its top priority for 2024. February 27, 2024 – City Council voted to approve hiring of ten new commissioned officers, one civilian analyst, and the shared lieutenant for the Office of Professional Standards in the 2025 budget year. November 19, 2024 – The 2025 Budget was adopted, including funding for the Phase I implementation of the new police related positions. January 7, 2025 – City Council authorized the specific positions for the additional positions. March 4, 2025 – City Council held a winter budget workshop at which Phase II implementation of additional officers was discussed as well as various available funding options. March 18, 2025 – City Council gave consensus to advertise for a public hearing on a potential public safety sales tax measure. April 1, 2025 – Public Hearing on potential voter-approved public safety sales tax measure BACKGROUND: At the March 4, 2025 Winter Workshop, Council discussed various items related to the upcoming development of the 2026 Budget. Two crucial cost items discussed at the Workshop were related to Public Safety Costs, specifically related to law enforcement services. The first was related to cost increases for current service levels in part due to Spokane County finalizing negotiations with the deputies collective bargaining agreement (CBA). Preliminary estimates show that this agreement could increase costs to the City by $4.7 million over the next three years (2025 through 2027). Even without the consideration of the increases due to the CBA, the City has seen law enforcement contract costs increase at about 5.2% annually on average and has seen an average increase of 10.9% since 2021. Other non-public safety department costs have needed to be cut in order to accommodate these increases within recurring revenue levels. The second law enforcement related item discussed was related to potential implementation of Phase II of hiring additional officers as outlined in the Matrix staffing study. The Public Safety Committee has been discussing Phase II and presented its identified Phase II recommendation th on March 4. Importantly, these positions would be recommended for the next phase, if recurring funding were identified. After review and discussion, the Public Safety Committee, at the recommendation of Chief Ellis and staff, recommended the following for Phase II: • Four Patrol Deputies • One School Resource Officer • One shared Sexual Assault Detective • One Behavioral Health Deputy (which would be part of a co-deploy team with a behavioral health specialist) These positions allow the City to address areas of concern indicated through the community outreach while also providing fiscal responsibility through the use of shared costs with partners (for the school resource officer) and grants (for the Behavioral Health co-deploy team). Central Valley, West Valley, and East Valley School Districts have agreements with Spokane County to pay a portion of the costs for school resource officers and therefore the City will pay only a portion of the total costs for such officers. The Behavioral Health Deputy will be funded through a grant from the State. Finally, the Sexual Assault Detective is a shared position and the City only pays for the share of costs associated with work within Spokane Valley. Historically, the shared portion is approximately 50%. Preliminary estimated costs for all seven positions are $1,038,503 in recurring costs and an additional $390,000 in one-time costs. Cost estimates also include offsets for cost recovery for the amounts paid by the School Districts for the School Resource Officer based on 2023 actual revenues received and grant payments for the Behavioral Health Unit Deputy. At this time, the City does not have the additional $1,038,503 in recurring revenue to pay for the additional Phase II officers. th At the March 4Winter Workshop, Council also discussed various possible options for new recurring revenue generation for the City. One such revenue option was the Public Safety Sales Tax as authorized by RCW 82.14.450. With voter approval, the City may implement a 0.1% sales tax for criminal justice and public safety purposes. A ballot measure for the Public Safety Sales Tax can only be submitted at primary or general elections (August or November). Motor vehicle sales and the first 36 months of motor vehicle leases are exempt from this portion of the sales tax. If passed, the City must share 15% of the revenues collected with Spokane County. Staff estimate that this sales tax would generate about $2.6 million in annual revenue to the City. th Staff’s understanding of Council discussion and direction at the March 4 Winter Workshop was that Council wanted additional information on both Phase II implementation of police staffing increases and the Public Safety Sales Tax with the option of getting the measure on the ballot for the primary election on August 5, 2025. The potential public safety sales tax measure would fund at least Phase II. Election Process and Dates In order to put a Public Safety Sales Tax measure on the ballot, Council would need to adopt an election ordinance. The ordinance must include background and reasoning on the need for the additional funding as well as the proposed ballot proposition. The adopted ordinance must be submitted to Spokane County prior to the election filing deadline which is May 2, 2025 for the August 5, 2025 primary election, or August 5, 2025 for the November general election. A draft ordinance identifying background information, identifying the uses of the funds for public safety services, including adding new officers, calling for an election on August 5, 2025 and certifying a proposition and ballot title to Spokane County Elections, and authorizing preparation of a local voters’ pamphlet providing information on the ballot measure, is included with this packet. In addition to the ordinance, Council must also appoint members to the pro and con committees prior to the filing deadline. The committees can contain up to three members each, and they are responsible for preparing the pro/con statements and rebuttal statements for the voter pamphlet. Also by the filing deadline, the City must prepare and submit an explanatory statement providing the purpose of the proposition, the financial impact, and other information about the measure in common and neutral language. Attached to this report are the draft ordinance and explanatory statement for a potential Public Safety Sales Tax ballot measure. Sales tax increases are effective at the next January 1, April 1, or July 1 following the election approving the increase; however, any change cannot be effective sooner than 75 days after the Department of Revenue receives notice of a favorable election (typically after the election is certified). This would mean that a Public Safety Sales Tax would be effective January 1, 2026 if approved at the August 5, 2025 primary election or April 1, 2026, if approved during the November 2025 general election. Governance Manual Considerations In addition to deadlines and restrictions for the potential ballot measure, the Council’s Governance Manual also has requirements to impose any new City tax. Pursuant to chapter 1, Section (C)(22) of the Governance Manual, prior to increasing or imposing a new tax, the City Council must hold a public hearing after providing proper notice. Notice includes publishing the notice of public hearing once a week for two consecutive weeks in the official newspaper of the City. Also, the Governance Manual states that approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the whole Council. Public Hearing Tonight, the City Council will have conducted a properly noticed public hearing pursuant to the Governance Manual prior to this item. This is the first reading for the proposed ordinance that would submit the ballot measure to the voters on August 5, 2025. Next Steps If Council would like to pursue submitting a Public Safety Sales Tax measure on the August 5, 2025 primary election, the following would be the next steps: st Conduct Public hearing tonight and 1 reading of the draft ordinance ndth 2 reading of the ordinance would be scheduled for April 15 if Council moves to advance the draft ordinance to a second reading. Applications for the pro/con committee members are currently being advertised and accepted. Appointments to the committees will be recommended by the Mayor and confirmed by Council according to the City’s standard practice if the draft ordinance is approved. nd Documents would be submitted to the County by the May 2filing deadline. OPTIONS: Move to advance Ordinance No. 25-004, submitting a 0.1% public safety sales tax measure to voters at the August 5, 2025 election, to a second reading, or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance No. 25-004, submitting a 0.1% public safety sales tax measure to voters at the August 5, 2025 election, to a second reading, or take other action deemed appropriate. BUDGET/FINANCIAL IMPACTS: This potential revenue is part of discussions related to the 2026 Budget development. The City is currently experiencing structural imbalances in the growth of revenues as compared to the growth of expenditures in the General Fund and Street Fund. For example, the 2025 Budget, General Fund recurring expenditures increased by 6.02%, but recurring revenues only increased by 3.80%. The General Fund is also seeing average increases of 5.2% in Public Safety costs, without consideration of the need for additional officers. Also, there is no current recurring revenues available to provide for additional officers to meet City law enforcement needs into the future, with Phase II implementation costing an estimated $1,038,503 in recurring costs. The implementation of a Public Safety Sales Tax would provide an estimated $2.6 million in additional recurring annual revenue in the General Fund which would allow for implementation of at least Phase II additional officers in 2026 as well as helping to provide for rising costs in recurring Public Safety operations. STAFF CONTACT: Erik Lamb, Deputy City Manager; Chelsie Walls, Finance Director; Kelly Konkright, City Attorney ATTACHMENTS: Draft Ordinance 25-004 Draft Explanatory Statement Presentation DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 25-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING FORTHE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY AT THE AUGUST 5, 2025ELECTION OF A PROPOSITION AUTHORIZING AN INCREASE TO THE SALES AND USE TAX IN SPOKANE VALLEY OF ONE-TENTH OF ONE PERCENT (0.1%) ON THE SELLING PRICE OR VALUE OF AN ARTICLE TO FUND PUBLIC SAFETY AS PERMITTED IN RCW 82.14.450; SETTING FORTH THE TEXT OF THE BALLOT PROPOSITION; DIRECTING PROPER CITY OFFICIALS TO TAKE NECESSARY ACTIONS; AND PROVIDING FOR OTHER MATTERS RELATED THERETO. WHEREAS, the City Council of the City of Spokane Valley, Washington (the “City”), has adopted six budget priorities for 2025, including (1) increase public safety response and service levels; (2) prioritize infrastructure maintenance and preservation and advance strategic capital projects through grant awards; (3) continue economic development efforts to maximize business growth and develop tourism destinations; (4) maintain a strong financial position; (5) use strategic partnerships to reduce and prevent homelessness in Spokane Valley; and (6) expand homeownership opportunities within the region; and WHEREAS, the City Council has reaffirmed public safety and service levels as its top priority; and WHEREAS, the City has maintained conservative fiscal policies to minimize taxes on City residents. As part of these policies, the City Council funds recurring annual expenses with recurring revenue in order to avoid budget shortfalls, which would result in cutting service levels or programs. The City also contracts for services when prudent to minimize personnel costs and overhead. As a result, the City’s General Fund revenue is just 61% of the annual and per-capital revenue of like sized cities in the State of Washington (the “State”); and WHEREAS, one key area where contracted services has been both fiscally and operationally effective is through contracted law enforcement services with the Spokane County Sheriff’s Office (the “Sheriff’s Office”). The City began contracting for law enforcement services through the Sheriff’s Office in 2003 when the City was incorporated. Contracting for law enforcement services with the Sherriff’s Office has provided exceptional police service at lower costs as compared to in-house police services by like-sized cities in the State. However, costs for police account for 54% of the City’s 2025 General Fund budget, and all public safety costs (including police, prosecution, public defense, court, jail, and animal control services) account for 64% of the City’s 2025 General Fund budget; and WHEREAS, the City has historically managed services by finding efficiencies and stretching existing resources to provide the maximum level of service possible. For instance, while staffing models have changed over time to meet demands, until recently, the City has only added 5 dedicated police officers between 2007 and 2023; and WHEREAS, the City’s population has grown from 87,894 to 108,800 between 2007 and 2024, an approximately 22% increase, and the City saw an increase in calls for service of 17% between 2017 and 2023. Police staffing levels have not kept pace with this growth; and WHEREAS, as part of its ongoing management of police services and in response to the growth in calls for service, in 2023 the City engaged Matrix Consulting Group Ltd. to conduct an extensive review of the City’s police needs, operations, and staffing levels (the “Study”); and WHEREAS, as of 2022, the City had 91 dedicated police officers and 37 shared police positions under its contract with the Sherriff’s Office. The Study reviewed the actual need to meet the calls for service and recommended that the City hirean additional combined 31 commissioned and non-commissioned positions to meet public safety needs; and WHEREAS, in 2024, the City Council authorized 12 additional police related positions, at a total estimated cost of $2,325,032. In order to avoid increasing taxes, these new positions were funded from existing resources in 2024 and have been incorporated into the 2025 budget through the combination of reprioritizing funding and making cuts to non-police City programs; and WHEREAS, in addition to the identified and desired additional police related positions, the City has experienced rapid growth in costs for law enforcement services in the last several years. Since 2021, costs for law enforcement services have grown an average of 10.9% (including the additional police related positions). These costs are a result of legislative changes impacting police services and liability and challenges that exist in theState and within the region regarding recruiting, hiring, and retaining officers; and WHEREAS, as a result of adding the additional 12 police related positions and accounting for the annual anticipated cost increases, the City’s total 2025 public safety budget increased 14%; and WHEREAS, to avoid increasing taxes to pay for the additional 12 police relatedpositions and anticipated cost increases, the City Council cut non-police services and City programs by approximately 5%; and WHEREAS, nearly all of the2025 budgetcuts will not be available in the 2026 budget or future years because they resulted in removal of complete programs, such as funding to outside agencies and general fund subsidies of street maintenance operations; and WHEREAS, the City Council has identified a desire to hire additional police officers, but has determined that there are not sufficient existing recurring revenues to do so; and WHEREAS, the City also estimates that costs for all law enforcement services will continue to increase annually. Currently, the City understands that costs will increase at least approximately $4.7 million over the next three years due to recently approved collective bargaining agreements; and WHEREAS, the City has maintained a history of fiscal conservatism. The City’s two primary revenue sources are property taxes and sales taxes. Together, they account for more than 80% of the City’s General Fund revenue. The City Council has not taken statutorily authorized 2 annual 1% increases in property taxes since 2009 and the only growth in property taxes has occurred from new development; and WHEREAS, the City only receives 8% of the total property taxes paid by property taxpayers within the City. The remaining 92% is distributed among the State, Spokane County, and voter approved levies to fire districts, school districts, and other governmental entities. For instance, on a median home with a value of $439,000, the City receives $346 out of the total $4,581 of property tax paid by the homeowner; and WHEREAS, as a result, City property tax revenue growth has not kept pace with inflation since 2009 nor has it kept pace with cost increases in law enforcement; and WHEREAS, the City currently levies a sales and use tax of 0.85% for general revenue purposes. The aggregate sales and use tax levy within the City is currently 8.9%, also distributed among the State, Spokane County, and other overlapping jurisdictions; and WHEREAS, sales tax revenues are highly dependent on the economy and on consumer spending; and WHEREAS, while sales tax revenues can be volatile, within the City sales tax revenues have been flat or slightly declining over the last two years, and have also not kept pace with the increase in cost of public safety; and WHEREAS, according to a study conducted by Retail Strategies in 2023, approximately 48% of all sales taxes collected in the City are paid by non-City resident consumers; and WHEREAS, RCW 82.14.450 allows the City to levy an 1/10 of 1% (0.1%) sales tax for public safety purposes, subject to voter approval; and WHEREAS, given the need for additional police officers as identified in the Study, the anticipated increases in law enforcement costs, and limited resources, the City Council believes that it is necessary to let voters decide whether to raise sales taxes by 1/10 of 1% (0.1%) to pay for additional law enforcement officers and increasing law enforcement costs; and WHEREAS, if approved by the voters, the 1/10 of 1% (0.1%) sales tax is expected to raise approximately $2.6 million annually; and WHEREAS, pursuant to chapter 1, Section (C)(22) of the City of Spokane Valley Governance Manual (the “Governance Manual”), prior to increasing or imposing a new tax, the City Council must hold a public hearing after providing proper notice; and WHEREAS, the City Council held a public hearing on the proposed sales tax for public safety on April 1, 2025, at which time public testimony was heard; and WHEREAS, pursuant to the Governance Manual, adoption of this ordinance requires an affirmative vote of a majority plus one of the whole City Council; 3 NOW, THEREFORE, the City Council of theCity of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Public Safety Sales and Use Tax. The City Council hereby finds that the best interests of the residents of the City and the general public require the City to pay costs associated with providing and/or contracting for public safety services, including but not limited to costs associated with:providing public safety services to meet increased demand and calls for service; adding new policeofficers; paying public safety operations, maintenance and capital; providing for law enforcement staffing and retention; and providing other City operations and services authorized by RCW 82.14.450 (the “PublicSafety Services”). The City Council reserves the right, in accordance with its budget process, to determine the levels of service to be provided as permitted under applicable State law and within the available revenues collected from this increase. If revenues are sufficient, the Council reserves the right to use such additional funds to contract for, or pay personnel and related costs for recruiting, hiring, training, equipping and employing additional personnel in other capacities authorized by RCW82.14.450. The cost of all compensation, benefits, training, support services, equipment, vehicles, infrastructure, facilities, real property, and/or administrative expenses and other costs incurred and/or contracted for in connection with Public Safety Servicesshall be deemed a part of the costs. The City Council may alter, make substitutions to, and amend such components as it determines are in the best interests of the City and consistent with the general descriptions provided herein. The tax shall be in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the State under chapter82.14 RCW upon the occurrence of any taxable event within the City. Section 2. Calling of Election. It is hereby found that the best interests of the citizens of the City require the submission to the qualified electors of the City for approval or rejection at the election to be held on August 5, 2025 of a proposition authorizing an additional sales and use tax of 1/10th of 1% (0.1%) on the selling price in the case of a sales tax or the value of the article used in the case of a use tax pursuant RCW 82.14.450. Spokane County Elections, as ex-officio supervisor of elections in the City, is hereby requested to submit to the qualified electors of the City the proposition set forth below. Upon approval of the voters of the proposition hereinafter set forth, the City may use proceeds of such sales and use taxto pay the costs of Public Safety Services as more particularly described in this ordinance. 4 The City Clerk is hereby authorized and directed to certify a proposition to Spokane County Elections, as ex-officio supervisor of elections in Spokane County, Washington, in substantially the following form: CITY OF SPOKANE VALLEY PROPOSITION NO. ___ PUBLIC SAFETY SALES AND USE TAX The City Council of the City of Spokane Valley passed Ordinance No. _______ concerning funding for public safety services. If approved, this proposition would increase the sales and use tax rate by 1/10th of 1% (0.1%) to provide funding for public safety services to meet increased demand and calls for service; adding new police officers; paying public safety operations, maintenance and capital; providing for law enforcement staffing and retention; and providing other City operations and services as permitted under RCW 82.14.450. Should this proposition be approved? YES _____ NO ______ For purposes of receiving notice of the exact language of the ballot proposition required by RCW 29A.36.080, the City Council hereby designates: (a) the City Clerk and (b) Bond Counsel to the City, as the individuals to whom such notice should be provided. Bond Counseland City Clerk are each authorized individually to approve changes to the ballot title, if any, deemed necessary by the Spokane County Auditor. The City Clerk is authorized to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener’s or clerical errors, references, numbering, section/subsection numbers, and any reference thereto. The proper City officials are authorized to perform such duties as are necessary or required by law to submit the question of whether the 0.1% sales tax shall be levied, as provided in this ordinance, to the electors at the August 5, 2025 election. Section 3. Local Voters’ Pamphlet Authorized. The preparation and distribution of a local voters’ pamphlet providing information on the foregoing ballot measure is hereby authorized. The pamphlet shall include an explanatory statement and arguments advocating approval and disapproval of the ballot measure, if any. In accordance with RCW 29A.32.280, the arguments advocating approval and rejection of the ballot measure shall be prepared by committees appointed by the City Council. Each committee shall be composed of not more than three persons; however, a committee may seek the advice of any person or persons. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. 5 Section 5. Effective Date. This ordinance shall take effect and be in force five days after the date of publication of this ordinance or a summary thereof in the official newspaper of the City. Passed by a majority plus one vote of the City Council of Spokane Valley this ____ day of ___________, 2025. _________________________________ Pam Haley, Mayor ATTEST: _________________________________ Marci Patterson, City Clerk Approved as to Form: _________________________________ Pacifica Law Group LLP, Bond Counsel Date of Publication: Effective Date: 6 DRAFT 3/9/2025 \[NOTE – LIMITED TO 175 WORDS\] Explanatory Statement: City of SpokaneValley, Washington Public Safety Sales Tax The City of Spokane Valley provides public safety and related services to its residents and businesses through a contract with the Spokane County Sheriff’s Office. The City has identified a need for additional dedicated police officers to keep up with the rising population within the City and increasing calls for service. In order to pay for public safety expenses, including additional police officers and increasing law enforcement costs generally, the City Council has approved a Public Safety Sales Tax ballot measure. If approved by voters, the City would impose a 0.1% sales tax on retail sales within the City that would be paid by all retail sales consumers, including non-residents. New sales tax revenue would pay costs associated with: providing public safety services; adding new police officers; paying public safety operations, maintenance and capital; providing for law enforcement staffing and retention; and providing other public safety operations and services authorized by RCW 82.14.450. If this measure is approved, the additional 0.1% sales tax would generate approximately $2.6 million in 2026. time decreases not available for the 2026 budget, include: - One – SIZED CITIES - 2024 POLICE COMPARISON SIMILAR CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 1, 2025 Department Director Approval: Check all that apply: consentold businesspublic hearing information admin. report new business AGENDA ITEM TITLE: Ordinance 25-003: First Reading: Code Text Amendment relating to Illicit Massage Businesses and Massage Therapy Business Licenses GOVERNING LEGISLATION: SVMC 8.20.110; SVMC 5.05; Chapter 18.108 RCW; Chapter 246-830 WAC PREVIOUS COUNCIL ACTION TAKEN: Council adopted Spokane Valley Municipal Code (SVMC) 8.20.110 in 2023 (Ordinance No. 23- 009). In 2023, Council also amended chapter 5.05 SVMC to update the grounds upon which a business license may be denied, suspended, or revoked (Ordinance No. 23-008). On February 25, 2025, Council received an administrative report on a proposed code text amendment related to illicit massage businesses and massage therapy business licenses. BACKGROUND: Washington requires that massage therapists and reflexologists be properly licensed to perform their respective services. Like many cities in Washington, Spokane Valley is experiencing an increase in massage and reflexology businesses that have been identified by law enforcement as employing unlicensed or uncertified service providers. State law prohibits the unlicensed practice of massage therapy and provides criminal penalties for owners of massage businesses who knowingly or with criminal negligence allow or permit such violations. Businesses violating the state licensure provisions are also known for violating laws related to prostitution and human trafficking. This is not a new issue, and in 2023, Council adopted SVMC 8.20.100 adopting State law provisions related to the unlicensed practice of massage therapy and reflexology by reference. The goal of the new code was to provide law enforcement and the City tools to ensure that massage businesses are complying with licensing requirements. After two years of enforcing SVMC 8.20.110, law enforcement has found that the current code requires an extensive amount of manpower to investigate with limited success at the judicial level. This can be attributed to two factors: (1) the courts quickly dismiss citations against the unlicensed personnel (who are potential human trafficking victims) performing unlicensed services for lack of probable cause that they actually performed massage therapy; and (2) the onsite managers of these massage businesses claim ignorance and move the unlicensed personnel to other locations and continue operating. When citations do not pass judicial scrutiny and are dismissed, the City is unable to use the additional tools contemplated in 2023, such as revoking business licenses. In an effort to adapt to these enforcement challenges, staff and law enforcement began a process to engage with landlords at the beginning of 2024 with great success. The focus of the landlord engagement was to educate the property owners about the illicit business practices of the businesses leasing space. Because of the education and communication provided by the City and law enforcement, many landlords have terminated leases, refused to renew leases, or formally evicted tenants. However, the success of landlord engagement does not prevent additional illicit massage businesses from opening in Spokane Valley nor does it guarantee success in the future. The proposed changes incorporate existing Washington Department of Health regulations of massage and reflexology businesses into the City code. If Council adopts these amendments, it will give SVPD the ability to establish probable cause to cite managers, owners, and persons in charge with a crime in the course of an inspection, rather than the potential human trafficking victims. It would also allow them to do so using less law enforcement resources and within a shorter timeframe. The amendments also contain provisions that help ensure illegitimate massage and/or reflexology businesses are not able to obtain City business licenses and that existing business licenses of illegal businesses can be revoked. Legitimate massage and reflexology businesses are already required to comply with the incorporated administrative regulations, whereas illicit businesses are not in compliance. Because these provisions are necessarily enforced by Law Enforcement and prosecuted by the Spokane County Prosecutor’s office, staff have worked with each entity to develop the proposed code amendments. Staff have also been working with the Washington State Massage Therapy Association to ensure that the proposed changes do not hinder or disrupt the practice of professional massage therapy and reflexology by licensed and certified practitioners. This background information was presented for Council’s consideration at the February 25, 2025 Council meeting. Council gave consensus to move forward with a first reading. The amendment in the attached ordinance includes additional changes as discussed during the administrative report, including moving the regulations governing massage therapists out of chapter 8.20 SVMC (Crimes Against Public Decency) and into Title 5 - Business Licenses and Regulations. OPTIONS: Motion to move forward with second reading or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Motion to move forward with second reading. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Kelly Konkright, City Attorney; Caitlin Prunty, Deputy City Attorney; Dave Ellis, Chief of Police __________________________________________________________________________ ATTACHMENTS: Ordinance 25-003: An Ordinance of the City of Spokane Valley Adopting Title 5, Chapter 30 of the Spokane Valley Municipal Code and Amending Title 5, Chapter 05, Section 070 and Title 8, Chapter 20, Section 110 of the Spokane Valley Municipal Code Relating to the Regulation of Massage and Reflexology Businesses, and Other Matters Related Thereto; PowerPoint Presentation 003 related to Illicit Massage - History Proposed ChangesEffects of Proposed Changes AGENDA First reading of Ordinance 25businesses New Chapter 5.30 5.05 CH. AMEND First violation is misdemeanor.Second violation is gross misdemeanor. •• Amend SVMC 8.20.110 licensed persons to obtain a - Holds bad actors responsible instead of potential victims.Increases difficulty for nonmassage business license.Eases ability to prosecute.Creates a regulatory environment that most illicit massage businesses cannot and do not want to comply with. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 25 - 003 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY ADOPTING TITLE 5, CHAPTER 30 OF THE SPOKANE VALLEY MUNICIPAL CODE AND AMENDING TITLE 5, CHAPTER 05, SECTION 070 AND TITLE 8, CHAPTER 20, SECTION 110 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO THE REGULATION OF MASSAGE AND REFLEXOLOGY BUSINESSES, AND OTHER MATTERS RELATED THERETO WHEREAS, state law requires massage therapists and reflexologists to obtain licenses and certifications after meeting education and training prerequisites; and WHEREAS, state law makes it unlawful to practice massage therapy and reflexology without the proper credentials; and WHEREAS, may citizens utilize licensed massage therapists and reflexologists to promote and maintain their health and wellbeing; and WHEREAS, the businesses that employ properly licensed and certified individuals provide an important service to the community; and WHEREAS, law enforcement personnel have commented that the lack of license and certificate verification of massage therapists and reflexologists has led to increases in the unlawful practice of massage therapy and reflexology; and WHEREAS, the City of Spokane Valley passed Ordinances 23-008 and 23-009 with the purpose of prohibiting individuals or businesses from engaging in unlicensed massage and reflexology services and providing additional tools for enforcement; and WHEREAS, after two years of attempted enforcement of the 2023 Ordinances, law enforcement personnel have further identified there are significant challenges to enforcing the Ordinances as written. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, does ordain as follows: Section 1. Purpose. The City of Spokane Valley recognizes the health and wellness benefits of massage and reflexology, and that massage and reflexology businesses in the City of Spokane Valley serve a legitimate purpose in the community. The City recognizes that there are some businesses that hold themselves out as massage or reflexology businesses but employ unlicensed persons to provide massage and uncertified persons to provide reflexology who fail to follow state health and licensing requirements, and do not have the proper training required to obtain a state license or certification. In addition, businesses that employ unlicensed or uncertified persons to provide massage and reflexology may be used to facilitate the commission of various criminal acts, including but not limited to prostitution and human trafficking. Businesses that permit unlicensed or uncertified persons to perform massage and reflexology or permit the commission of unlawful acts threaten the business and reputation of legitimate and licensed businesses and practitioners, and present a threat to the public health, safety, and welfare. The purpose of this ordinance is intended to prohibit an individual or business from engaging in the practice of unlicensed massage and reflexology, reduce the commission of related criminal offenses, and support the legitimate provision of these services by licensed massage therapists and reflexologists. Section 2.New Chapter.Chapter 5.30 SVMC is adopted as follows: Chapter 5.30 MASSAGE AND REFLEXOLOGY BUSINESSES Sections: 5.30.010 Definitions. 5.30.020 References to Revised Code of Washington and Washington Administrative Code. 5.30.030 Business License Required. 5.30.040 Owner, director, manager – Proof. 5.30.050 Exemptions – Limitations – name or structure of business. 5.30.060 Inspections. 5.30.070 Massage therapist or reflexologist – License or certificate required – Violation. 5.30.080Massage therapist or reflexologist –Owner, director, manager, or other person in charge to ensure valid license or certificate – Violation. 5.30.090 Underage Practice. 5.30.100Receipt of massage or reflexology services from unlicensed massage therapist or reflexologist. 5.30.110 Business Hours and Services. 5.30.120 Display of Licenses and Certifications. 5.30.130 Advertising. 5.30.140 Practice requirements and limitations – Responsibility of owner, director, manager, or other person in charge. 5.30.150 Violations - Penalties. 5.30.010 Definitions. For purposes of this chapter, the terms and phrases below shall have the meanings that follow: “Advertise” means any communication to one or more persons identifying massage or reflexology services being offered by any individual or business, including but not limited to signs located at a massage business or reflexology business; signs located in places other than at a massage business or reflexology business; advertisements on vehicles; advertisements in paper media such as newspapers, magazines, fliers, cards, or business cards; or advertisements in electronic media such as Internet websites, social media, electronic classified advertisements, cell phone applications, and television or radio advertisements. “Breast Massage”shall have the same meaning as set forth in WAC246-830-005(7). “Certified reflexologist,” “massage business,” “massage,” “massage therapist,” “massage therapy,” “reflexology,” and “reflexology business” shall have the meanings set forth in RCW 18.108.010. “Conspicuously display” means the display of licenses and certificates in a manner that can be viewed and read by a person immediately upon entry into the first common area inside the massage business or reflexology business. A person must be immediately able to see the displayed licenses and certificates without having to request to see the licenses or certifications. In situations where a massage business or reflexology business is a mobile service which travels to where the massage therapy service or reflexology service will be conducted, conspicuously display shall mean the display of licenses and certificates in a manner that can be viewed and read by a person immediately upon approaching the massage table, massage chair or furniture used to do massage therapy or reflexology. “Common areas” means the areas within a business that are open and available to patrons upon entering the business, including but not limited to lobbies and waiting areas. “Department” means the Washington State Department of Health. “District” means the Spokane Regional Health District. “Gross misdemeanor” and “misdemeanor” shall have the same meaning as set forth in RCW 9A.20.021. “License,” “certificate” and “certification” mean a license, certificate or certification issued pursuant to Chapter 18.108 RCW. “Massage Therapist”means a person licensed as a massage therapist under Chapter 18.108 RCW. “Reflexologist” means a person certified as a reflexologist under Chapter 18.108 RCW. “Represent himself or herself as a massage therapist” shall have the same meaning as set forth in RCW18.108.030(1)(b). “Represent himself or herself as a reflexologist” shall have the same meaning as set forth in RCW 18.108.030(2)(b). “Unlicensed Practice” means: 1. Practicing a profession or operating a business identified in RCW 18.130.040 without holding a valid, unexpired, unrevoked, and unsuspended license to do so; or 2. Representing to a consumer, through offerings, advertisements, or use of a professional title or designation, that an individual is qualified to practice a profession or operate a business identified in RCW 18.130.040, when that individual does not hold a valid, unexpired, unrevoked, and unsuspended license to do so. 5.30.020 References to Revised Code of Washington and Washington Administrative Code. References in this chapter to chapters or specific sections or subsections of the Revised Code of Washington, or to chapters or specific sections or subsections of the Washington Administrative Code, shall include the chapter and sections or subsections as currently enacted and as amended or recodified in the future. 5.30.030 Business License Required. A. A person is prohibited from operating a massage or reflexology business without a valid business license. B. A business license must be obtained, pursuant to chapter 5.05 SVMC, prior to engaging in or conducting business within the City. C. If a massage or reflexology business’ address or owner changes, the business license shall automatically terminate on the date of such change and a new license shall be applied for. D. Any judgment, sentence, deferred sentence, suspended sentence, probation, or fine imposed in any action originally filed as a violation of this chapter pursuant to SVMC 8.20.110, even if imposed for a different charge based on the same facts underlying the initial charge, shall be a valid basis for a determination to deny, suspend, or revoke a business license in accordance with chapter 5.05 SVMC. 5.30.040 Owner, director, manager – Proof. A. For purposes of the provisions of this chapter and SVMC 8.20.110, whether a person is an owner, director, manager, or other person in charge of a massage business or reflexology business may be established from evidence such as, but not limited to: 1. The person holds himself or herself out as an owner, director, manager, or some other like title evidencing control over business decisions; 2. The person is responsible for the general business decisions of the business; 3. The person is considered by those who provide massage or reflexology services as an owner, director, manager, or other person in charge; 4. The person is in control or partial control of scheduling massage or reflexology services for a patron, or assigning a person to provide such service to any patron; 5. The person is in control or partial control of when, how, or how much those who provide massage or reflexology services work or are paid, or whether those who provide massage or reflexology services are employees or contractors retained to provide services on behalf of the business; 6. The person is listed as a registered agent of the business; 7. The person is listed as a “governing person” by the Washington State Business Licensing Service; 8. The person is an applicant or is listed as an owner on a city or state business license or license application; 9.The person receives income from the business that is dependent on revenue generated by another person providing massage or reflexology services on behalf of or at the business; 10. The person has signed a lease or rental agreement for property at which the business is operated or is responsible for lease or rent payments; 11. The person has signed for a loan on behalf of the massage or reflexology business; 12. The person is financially responsible for the massage business or reflexology business utilities or services such as water, electricity, garbage, sewer, telephone, Internet, cable television, security, cleaning, maintenance, or accounting; 13. The person pays taxes on behalf of the business; or 14. The person is responsible for ensuring the business is properly supplied with resources necessary to carry out the work of the business or maintain the business. B. The presence of any one or more of the circumstances described in this section shall be sufficient to establish that a person is the owner, director, manager, or other person in charge of a massage business or reflexology business. The circumstances described in this section are not exclusive and other evidence may demonstrate a person is an owner, director, manager, or other person in charge of a massage business or reflexology business. 5.30.050 Exemptions – Limitations – name or structure of business. A. The provisions of this chapter shall not apply to the following: 1. Activities set forth in RCW 18.108.050 when performed as provided in that statute; or 2. Massage or reflexology that is not provided in exchange for money, property, or other consideration. B. The exemptions set forth in the above subsection A(1) shall not apply to any person who practices or represents himself or herself as a massage therapistor who practices reflexology or represents himself or herself as a reflexologist and who advertises for the massage or reflexology services, to any business that advertises for massage or reflexology services, or to any person who provides massage or reflexology services at a business that advertises for such services. C. The exemptions set forth in the above subsection A(1) shall not apply to any person who obtains massage or reflexology services from a person who advertises for the massage or reflexology services, from a business that advertises for massage or reflexology services, or from any person who provides massage or reflexology services at a business that advertises for such services. D. The fact that a person or business that provides massage or reflexology services describes or advertises such services by a name other than massage or reflexology shall not exempt that person or business from this chapter. E. In the event the services provided fall within the definition of massage or reflexology, the manner in which a business is incorporated or structured shall be of no consequence in determining if a business provides massage or reflexology services. F. A club or cooperative arrangement in which a person pays a fee to become a member of the club or cooperative and such personobtains massage or reflexology servicesas a result of such membershipshall be considered a massage business or reflexology business. 5.30.060 Inspections. A.Law enforcement personnel shall have the authority to inspect the premises of any massage business or reflexology business to ensure: 1. Compliance with the requirement that credentials are conspicuously displayed and valid; 2. That those providing massage or reflexology services are validly licensed and of proper age; 3. Compliance with the advertising requirements of SVMC 5.30.130; and 4. Compliance with the record keeping requirements of SVMC 5.30.140(E). B. Inspections pursuant to SVMC 5.30.060 shall be limited to: 1. Times when the massage or reflexology business is open; and 2. The common areas of the massage or reflexology business. C. Nothing herein shall authorize entry or inspection of rooms in which massage or reflexology is provided and which are separated from the common area of the massage business or reflexology business absent consent, a warrant, or other lawful basis. D. Nothing herein shall be interpreted as limiting the use by law enforcement of any lawful investigatory techniques. 5.30.070 Massage therapist or reflexologist – License or certificate required - Violation A. It shall be unlawful for any person to practice massage or represent himself or herself as a massage therapist in the city of Spokane Valley without a valid and current massage therapist’s license. B. It shall be unlawful for any person to practice reflexology or represent himself or herself as a reflexologist in the city of Spokane Valley without a valid and current massage therapist’s license or certificate in reflexology. C. An unissued license or certificate, or an expired, revoked, or suspended license or certificate, shall not be considered a valid license or certificate. 5.30.080 Massage therapist or reflexologist – Owner, director, manager, or other person in charge to ensure valid license or certificate – Violation. A. It shall be the responsibility of any owner, director, manager, or other person in charge of a massage business or reflexology business in the city of Spokane Valley to ensure that each person who practices massage, or represents himself or herself as a massage therapist, is validly and currently licensed, and to ensure that each person who practices reflexology or represents himself or herself as a reflexologist is validly and currently licensed as a massage therapist or certified as a reflexologist. B. It shall be unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to facilitate or, with knowledge or criminal negligence, permit a person who does not have a valid and current massage therapist license to practice massage or represent himself or herself as a massage therapist. C. It shall be unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to facilitate or, with knowledge or criminal negligence, permit a person who does not have a valid and current massage therapist license or who is not a certified reflexologist to practice reflexology or represent himself or herself as a reflexologist. D. A person with an unissued license or certificate, or whose license or certificate is expired, revoked, or suspended, shall not be considered validly licensed or certified. E. For the purposes of this section, the failure of the owner, director, manager, or other person in charge of a massage business or reflexology business to confirm the validity of a massage license or reflexology certificate through the Department shall constitute criminal negligence. 5.30.090 Underage Practice. A. A massagebusiness owner, director, manager, or person in charge is required to ensure that each person practicing massage therapy or representing himself or herself as a massage therapist is 18 years of age or older. B. A reflexology business owner, director, manager, or person in charge is required to ensure that each person practicing reflexology or representing himself or herself as a reflexologist is 18 years of age or older. C. It is unlawful for amassagebusiness owner, director, manager, or person in charge to facilitate or, with knowledge or criminal negligence, permit the underage practice of massage therapy within his or her massage business. D. It is unlawful for a reflexology business owner, director, manager, or person in charge to facilitate or, with knowledge or criminal negligence, permit the underage practice of massage therapy or reflexology within his or her reflexology business. E. For the purposes of this section, a massage or reflexology business owner, director, manager, or person in charge's failure to confirm a person's age through a government-issued photo identification and massage therapist license or reflexology certification's status through the Department constitutes criminal negligence. F. It is unlawful for a person to receive massage or reflexology services from another whom the recipient knows, or reasonably should know, is underage. G. It is an affirmative defense to SVMC 5.30.090 that the recipient asked about the person's age and received a purported massage therapist license or reflexology certification. 5.30.100 Receipt of massage or reflexology services from unlicensed massage therapist or reflexologist. A. It is unlawful for any person to receive massage services from another whom the recipient knows is not validly or currently licensed to provide massage services. It shall be unlawful for any person to receive reflexology services from another whom the recipient knows is not validly or currently licensed as a massage therapist or certified to provide reflexology services. B. It is an affirmative defense to a violation of this section that the person receiving the massage or reflexology services inquired of the license or certification status of the person providing the services and was provided a document purporting to be a valid and current license of the massage therapist or valid and current certificate of the reflexologist. 5.30.110Business Hours and Services. A massage or reflexology business is prohibited from operating between 10:00 p.m. and 6:00 a.m. 5.30.120 Display of Licenses and Certifications. A. A massage business is required to conspicuously display its massage business license and copies of each massage therapist license. B. A reflexology business is required to conspicuously display its reflexology business license and copies of each massage therapist license and reflexology certification. C.It is unlawful for a massage business owner, director, manager, or person in charge to fail to conspicuously display its massage business license and copies of each massage therapist license. It is also unlawful for a massage business to display an unissued, altered, expired, fraudulent, suspended, or revoked business license or massage therapist license. Furthermore, it is unlawful for a massage business to display a massage therapist license if that therapist does not conduct business at that location. D. It is unlawful for a reflexology business owner, director, manager, or person in charge to fail to conspicuously display its reflexology business license and copies of each massage therapist license and reflexology certification. It is also unlawful for a reflexology business to display an unissued, altered, expired, fraudulent, suspended, or revoked business license,massagetherapist license, or reflexology certification. Furthermore, it is unlawful for a reflexology business to display a massage therapist license or reflexology certification if that therapist or reflexologist does not conduct business at that location. E. Eachmassagetherapist is required to conspicuously display his or hermassagetherapist license in his or her principal place of business. Each massage therapist is also required to have a government-issued photo identification on his or her person or available for inspection. F. Each reflexologist is required to conspicuously display his or her massage therapist license or reflexology certification in his or her principal place of business. Each reflexologist is also required to have a government-issued photo identification on his or her person or available for inspection. G. It is unlawful for any person to present or conspicuously display an expired, altered, fake, or fraudulently obtained license, certificate, or certification. It shall be unlawful for an owner, director, manager, or other person in charge of a massage business or reflexology business to facilitate or permit another to present or conspicuously display an expired, altered, fake, or fraudulently obtained license, certificate, or certification. 5.30.130 Advertising. It is unlawful to advertise the practice of massage or practice reflexology except in accordance with RCW 18.108.040. 5.30.140 Practice requirements and limitations – Responsibility of owner, director, manager, or other person in charge. A. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to touch the body parts identified in WAC 246-830-550(1). B. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to perform breast massage except in accordance with WAC 246-830-555. C. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the coverage and draping requirements of WAC 246-830-560. D. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the equipment, sanitation, and hygiene requirements of WAC 246-830-500 and 246-830-510. E. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the recordkeeping requirements of WAC 246-830-565 and 246-830-570. F. It is unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to facilitate or, with knowledge or criminal negligence, permit another person to violate any provision of this section. 5.30.150 Violations - Penalties. A. A violation of SVMC 5.30.030 is subject to the penalties outlined in SVMC 5.05.080. B. All other violations of this chapter are subject to the penalties outlined in SVMC 8.20.110. Section 3. Amending SVMC 5.05.070 - .080. SVMC 5.05.070, titled “Violation – Penalty” and SVMC 5.05.080, titled “Appeal” are hereby amended as follows: 5.05.070Massage or reflexology businesses –Violations related to prostitution or fraud –Initial Inspection – Violation of chapter 5.30 SVMC – Denial or revocation of business license. Violation – Penalty. A. Upon the filing of any application for a massage business or reflexology business license, the applicant must provide verification of his or her state issued massage license as provided for in RCW 18.108.030. If the applicant is not a licensed massage therapist or certified reflexologist, the applicant shall provide the following information to the City Manager or designee upon request: (1) the identity, date of birth, and current residence of the person(s) who will be principally responsible for managing the business and each person having an ownership interest in the business, and (2) for each entity having an ownership interest in the business, the identity, date of birth, and current residence of each person possessing an ownership interest in such entity. The City Manager or designee shall promptly provide the applicant’s information to the Spokane Valley chief of police or designee. Within ten business days after receiving the same, the Spokane Valley Police chief of police or designee shall notify the City Manager or designee whether the applicant, the massage business or reflexology business manager, and (if the applicant be a corporation) the corporation’s officers and the principal shareholders, or any of the foregoing, have been convicted of violating federal, state or local laws relating to the possession, use or sale of narcotics or sexual offenses, including but not limited to Chapter 9A.88 RCW or a similar law of another state and Chapter 9A.60 RCW or a similar law of another state when such violation of Chapter 9A.60 RCW or similar law of another state is related to the operation of a massage business or reflexology business. If records available to the Spokane Valley chief of police or designee indicate that any such person has been so convicted, the City Manager or designee shall notify the applicant, by registered letter, that the application has been denied. An applicant’s failure to provide the requested information identified in this subsection to the City Manager or designee shall be a basis for denial of a business license. B. Any applicant whose application has been denied on information supplied by the chief of police may appeal such decision as provided in SVMC 5.05.090. C. Within 90 days after the issuance of a massage business or reflexology business license, the Spokane Valley chief of police or designee shall conduct an initial inspection pursuant to SVMC 5.30.060. D. The issuance of a business license for a massage business or reflexology business to a person who has previously committed a violation of an offense described in subsection (A) of this section may be revoked in accordance with SVMC 5.05.080. Revocation may occur regardless of the jurisdiction or location in which the violation of the offense occurs. The basis for revocation of the business license pursuant to this section shall be in addition to the grounds for revocation provided in SVMC 5.05.080. E. In the event a person who has obtained a City business license registration for a massage business or reflexology business is thereafter found in violation of an offense described in subsection (A) of this section, such business license may be revoked in accordance with SVMC 5.05.080. Revocation may occur regardless of the jurisdiction or location in which the violation of the offense occurs. The basis for revocation of the business license pursuant to this section shall be in addition to the grounds for revocation provided in SVMC 5.05.080. F. A business license application for the operation of a massage business or reflexology business may be denied in accordance with this chapter to any licensee who previously violated any provision of chapter 5.30 SVMC. The basis for denial of the business license pursuant to this section shall be in addition to the grounds for denial provided in SVMC 5.05.080. G. A business license registration for the operation of a massage business or reflexology business may be revoked if the licensee is found to have violated chapter 5.30 SVMC. The basis for revocation of the business license pursuant to this section shall be in addition to the grounds for revocation provided in SVMC 5.05.080. H. For the purposes of this section, the terms massage, massage business, reflexology, and reflexology business shall have the meanings set forth in RCW18.108.010. 5.05.080 Violation – Penalty. A. Violation. Failure to comply with any provision herein shall be a violation of Chapter 5.05 SVMC. The City may seek any remedy available by law, including but not limited to denial, suspension or revocation of a business license registration and imposition of penalties pursuant to SVMC 5.05.070(D). B. Grounds for Denial, Suspension or Revocation of License. The city manager or designee may deny, suspend, or revoke a business license registration when he/she has reason to believe based upon investigation of documents, physical evidence, or witness statements that the following grounds exist: 1. The license application contains an omission or misrepresentation of material fact; 2. The license application is inconsistent with applicable land use regulations, including zoning, home business, or other applicable land use regulations; 3. The license was procured by fraud; 4. The license is used, or intended to be used, for a business materially different from that applied for; 5. A violation of any of the requirements of Chapter 5.05 SVMC; 6. The business operates in a manner that constitutes a nuisance pursuant to common law or the laws and regulations of the state or City; or 7. The business, licensee, or the employee, director, manager, partner or agent of the business or licensee is cited by law enforcement or any other regulatory authority for violation of any regulation or law authorizing or regulating the license, or regulating the business, activity, or purpose for which the license was issued, regardless of whether such citation results in a conviction by a court. C. In the event the city manager or designee determines to deny, suspend or revoke a City business license registration, he/she shall issue a determination in writing to the business owner listed on the license registration, stating the basis for such determination, the business owner’s rights to appeal, and the effect of the determination. The determination shall be sent by certified mail, return receipt requested, and shall become effective three days after issuance. A business owner shall cease all business operations upon denial, suspension or revocation of a business license registration. A determination to deny, suspend or revoke a license registration shall not in any way limit the City’s right to any other remedy, including but not limited to assessment of applicable penalties. D. Penalty. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of Chapter 5.05 SVMC shall be deemed to have committed a civil infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a daily monetary penalty pursuant to RCW 7.80.120, as adopted or subsequently amended, including any applicable statutory assessment. The penalties shall be assessed as follows: 1. First offense: Class 3 civil infraction. 2. Second offense arising out of the same facts as the first offense: Class 2 civil infraction. 3. Third offense and any other subsequent offenses arising out of the same facts as the first offense: Class 1 civil infraction. (Ord. 23-008 § 2, 2023; Ord. 18-020 § 3, 2018). 5.05.0890 Appeal. A. A person may appeal any (1) determination of a violation of Chapter 5.05 SVMC other than violations associated with the imposition of penalties, which shall be appealed pursuant to SVMC 5.05.080(B), (2) denial, suspension, or revocation of a City business license registration, or (3) determination that a person is engaged in business and the person disputes that determination to the City’s hearing examiner within 14 days of such determination. The date of determination shall be three days after the date that the determination is mailed by the City to the address listed on the City business license registration. Appeals shall comply with SVMC Appendix B, Rules of Procedure for Proceedings Before the Hearing Examiner of the City of Spokane Valley, Washington. The hearing examiner’s decision is the final decision of the City and may be appealed to the Spokane County superior court within 21 days of the decision being issued. B. Appeals of the imposition of penalties shall be made pursuant to Chapter 7.80 RCW. (Ord. 23-008 § 2, 2023; Ord. 18-020 § 3, 2018). Section 4. Amending SVMC 8.20.110. SVMC 8.20.110, titled “Massage and reflexology businesses” is hereby amended as follows: 8.20.110 Massage and reflexology businessesIllicit Massage Businesses. A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference: RCW: 18.108.010 Definitions. 18.108.030 Licensure or certification required. 18.108.035 Unlicensed practice – Penalties. 18.108.040 Advertising – Use of Title. 18.108.045 Display of license or certification – Availability of photo identification. 18.108.050 Exemptions. 18.130.020(9) Definitions; “License,” “licensing,” and “licensure.” 18.130.020(13) Definitions; “Unlicensed practice.” 18.130.040 Application to certain profession – Authority of secretary – Grant or denial of licenses – Procedural rules. 18.130.190 Practice without license – Investigation of complaints – Cease and desist orders – Injunctions – Penalties. 18.130.200 Fraud or misrepresentation in obtaining or maintaining a license – Penalty. B. Law enforcement personnel shall have the authority to inspect the premises of any massage business or reflexology business to ensure: 1. Compliance with the requirement that credentials are conspicuously displayed or available for inspection upon request; 2. That those providing massage or reflexology services are validly licensed and of proper age; and 3. Compliance with the advertising requirements of RCW 18.108.040. C. Inspections pursuant to SVMC 8.20.110(B) shall be limited to: 1. Times when the massage or reflexology business is open; and 2. The common areas of the massage or reflexology business. D. Nothing herein shall authorize entry or inspection of rooms in which massage or reflexology is provided and which are separated from the common area of the massage business or reflexology business absent consent, a warrant, or other lawful basis. E. Nothing herein shall be interpreted as limiting the use by law enforcement of any lawful investigatory techniques. F. Citation by law enforcement pursuant to any provision of SVMC 8.20.110 shall be a valid basis for a determination to deny, suspend, or revoke a business license in accordance with Chapter 5.05 SVMC. A. Purpose. The City of Spokane Valley city council recognizes the health and wellness benefits of massage and reflexology, and that massage and reflexology businesses in the City of Spokane Valley serve a legitimate purpose in the community. The council recognizes that there are some businesses that hold themselves out as massage or reflexology businesses but employ unlicensed persons to provide massage and uncertified persons to provide reflexology who fail to follow state health and licensing requirements, and do not have the proper training required to obtain a state license or certification. In addition, businesses that employ unlicensed or uncertified persons to provide massage and reflexology may be used to facilitate the commission of various criminal acts, including but not limited to prostitution and human trafficking. Businesses that permit unlicensed or uncertified persons to perform massage and reflexology or permit the commission of unlawful acts threaten the business and reputation of legitimate and licensed businesses and practitioners, and present a threat to the public health, safety, and welfare. This section is intended to prohibit an individual or business from engaging in the practice of unlicensed massage and reflexology, reduce the commission of related criminal offenses, and support the legitimate provision of these services by licensed massage therapists and reflexologists. B. Compliance with chapter 5.30 SVMC – Violation. 1. A person or business providing massage therapy or reflexology services must comply with the requirements of chapter 5.30 SVMC. 2. The first violation of chapter 5.30 SVMC, except for violations of SVMC 5.30.030, is a misdemeanor. 3. Each subsequent violation of chapter 5.30 SVMC, except for violations of SVMC 5.30.030, whether alleged in the same prosecution or subsequent prosecutions, is a gross misdemeanor. GC. Additional Remedies. The remedies provided herein for violations or noncompliance with the provisions of chapter 5.30 SVMC this section, whether civil or criminal, are cumulative and in addition to any other remedy provided by law. The remedies are not exclusive, and the City may seek any other legal or equitable relief. (Ord. 23- 009 § 2, 2023). 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 , 2025. Mayor, Pam Haley ATTEST: Marci Patterson, City Clerk Approved As To Form: Kelly Konkright, City Attorney Date of Publication: Effective Date: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 1, 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: Resolution No. 25-003 Declaring the City is not a sanctuary city GOVERNING LEGISLATION: RCW 10.93.160; Sections 1325 and 1326 of Title 8 of the United States Code PREVIOUS COUNCIL ACTION TAKEN: Resolution 16-001 adopted in 2016; Council gave consensus to bring a resolution forward for consideration to update and redeclare it is not a sanctuary City in 2025. BACKGROUND: The City Council adopted Resolution 16-001 in 2016 declaring that Spokane Valley is not a sanctuary city and directing the Spokane Valley Police Department to assist other law enforcement agencies in enforcing U.S. immigration laws, and directing SVPD and Sheriff’s deputies, when operating in City limits, and City employees to require proof of legal residence in the U.S. when it is appropriate as part of their assigned jobs. Washington State has since adopted RCW 10.92.160, which, among other things, prohibits local law enforcement agencies from (1) inquiring into or collecting information about an individual’s immigration or citizenship status unless there is a connection with a violation of state or local law, and (2) providing information to federal immigration authorities for purposes of civil immigration enforcement. RCW 10.93.160 may conflict with all or a portion of Resolution 16-001. City Council gave consensus to discuss and approve an updated resolution to re-declare that it is not a sanctuary city and to address the potential conflict between RCW 10.93.160 and United States laws governing unlawful entry of aliens into the United States. Resolution No. 25.003 is provided for City Council consideration. OPTIONS: Pass Resolution No. 25-003 declaring the City is not a sanctuary City, or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Pass Resolution No. 25-003 declaring the City is not a sanctuary City, or take other action deemed appropriate BUDGET/FINANCIAL IMPACTS: None at this time. STAFF CONTACT: John Hohman, City Manager; Erik Lamb, Deputy City Manager. ATTACHMENTS: Resolution No. 16-001 Draft Resolution No. 25-001 1 | Page CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION No. 25-003 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, DECLARING THE CITY OF SPOKANE VALLEY IS NOT A SANCTUARY CITY, REPEALING AND REPLACING RESOLUTION No. 16-001, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City Council (Council) of the City of Spokane Valley (City) is dedicated to fostering a safe and thriving community for all residents, upholding the principles of law, justice, dignity, and respect for all within the City, and providing City services in a fiscally responsible manner; and WHEREAS, in order to provide a safe and thriving community, the Council declares its support for law enforcement to enforce criminal laws that protect the public safety to greatest extent allowable and authorized under the United States Constitution, Washington State Constitution, and federal, state, and local laws; and WHEREAS, the Council previously passed Resolution No. 16-001 declaring that the City is not a sanctuary City, directing the City of Spokane Valley Police Department (SVPD) to assist other law enforcement agencies in enforcing U.S. immigration laws, and directing SVPD and Sheriff’s deputies, when operating in City limits, and City employees to require proof of legal residence in the U.S. when it is appropriate as part of their assigned jobs; and WHEREAS, Washington State has since adopted RCW 10.93.160, which, among other requirements, prohibits local law enforcement agencies from (1) inquiring into or collecting information about an individual’s immigration or citizenship status unless there is a connection with a violation of state or local law, and (2) providing information to federal immigration authorities for purposes of civil immigration enforcement. RCW 10.93.160 may conflict with all or a portion of Resolution 16-001; and WHEREAS, sections 1325 and 1326 of Title 8 of the U.S. Code define and prohibit unlawful entry and reentry of aliens into the United States, with violators subject to civil and criminal penalties and deportation; and WHEREAS, the Council believes there is a conflict between enforcement of 8 U.S.C. 1325 and 8 U.S.C. 1326, and RCW 10.93.160, and that enforcement of RCW 10.93.160 creates additional risk to the residents of Spokane Valley; and WHEREAS, the Council desires to reiterate its support of those laws that promote public safety and desires to re-declare that it is not a “Sanctuary City” as related to individuals who are in the United States in violation of Federal law. NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: Section 1. Declaration. The City Council of the City of Spokane Valley hereby declares: A. The City is not a “Sanctuary City.” The City has not supported and does not support allowing individuals who are in the United States in violation of Federal law to reside within the City; and B. The City supports enforcement of 8 U.S.C. 1325 and 8 U.S.C. 1326 to the maximum extent allowed under Constitutional, Federal, State, and local laws to promote public safety; and Resolution 25-003Declaring the City is Not a Sanctuary City C. The City does not agree with, support, or promote RCW 10.93.160 or any similar or related State law or regulation, and further declares that as long as such laws exist, they should be interpreted and enforced in a manner that allows enforcement of 8 U.S.C. 1325 and 8 U.S.C. 1326 to the maximum extent permitted by Constitutional, Federal, State, and local laws; and D. The City advocates for legislative and regulatory changes to RCW 10.93.160 and any similar or related State laws and regulations to allow enforcement of 8 U.S.C. 1325 and 8 U.S.C. 1326 by Federal, State, and local law enforcement to the maximum extent permitted by Constitutional, Federal, State, and local laws; and E. The City advocates and urges all Federal legislators, State legislators, Federal, State, and local Law Enforcement, and other cities to advocate for and support (1) policies prioritizing enforcement of 8 U.S.C. 1325 and 8 U.S.C. 1326 to the maximum extent permitted by Constitutional, Federal, State, and local laws; and (2) adoption and enforcement of policies that prioritize public safety for all individuals who live and reside in the United States lawfully. Section 2. Public Safety Enforcement. The City Council pledges its cooperation and assistance to, and directs the City Manager to cooperate, assist, and work with Federal, State, and local law enforcement agencies for law enforcement activities that support the public safety of Spokane Valley residents to the maximum extent available and allowable under the law, including enforcement of 8 U.S.C. 1325 and 8 U.S.C. 1326. Section 3. Resolution No. 16-001 Repealed. Resolution No. 16-001 may conflict, in whole or in part, with RCW 10.93.160. Resolution No. 16-001 is hereby repealed and replaced with this Resolution No. 25-003 to the extent that Resolution No. 16-001 conflicts with RCW 10.93.160. Section 4. Severability. If any section, sentence, clause or phrase of this Resolution 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 Resolution. Section 5. Effective Date. This resolution shall be effective immediately upon passage and signatures hereto. Passed this ___ day of April, 2025. Pam Haley, Mayor ATTEST: City Clerk, Marci Patterson Approved As To Form: Office of the City Attorney Resolution 25-003Declaring the City is Not a Sanctuary City CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 1, 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: Mayoral Appointment: Permanent Homeless & Housing Task Force GOVERNING LEGISLATION: RCW 43.182C; Resolution 25-001 PREVIOUS COUNCIL ACTION TAKEN: n/a BACKGROUND: Per the City of Spokane Valley Resolution 25-001, the Permanent Homeless and Housing Task Force shall consist of nine voting representatives and be appointed as follows: Position 1 - City of Spokane Valley councilmember Position 2 - Spokane County representative Position 3 - Business sector representative Position 4 - School sector representative Position 5 - Housing Authority representative Positions 6, 7, 8, & 9 – Up to two people with lived experience of homelessness, philanthropy, behavioral health/Spokane Regional Health, healthcare providers, law & justice or private housing developers/providers representatives Positions 1, 2, 3, 4, and 5 were all part of the interim homeless and housing task force and will remain as representatives until their term expires on December 31, 2026. Positions 6, 7, 8, and 9 are newly elected members and will represent their position until their term expires on December 31, 2027. In addition, there shall be two non-voting ex officio members: City of Spokane Representative City Staff person assigned by the City Manager OPTIONS: Confirm or not, the Mayor’s recommendation for appointment. If the Mayor’s recommendation is not confirmed by Council, the Mayor may either make another recommendation or the matter can be postponed. RECOMMENDED ACTION OR MOTION: “I move to confirm the Mayoral appointments to the Permanent Homeless and Housing Task Force as listed in the table below.” BUDGET/FINANCIAL IMPACTS: n/a STAFF/COUNCIL CONTACT: Mayor Haley ___________________________________________________________________________ ATTACHMENTS: Applications from Lisa Miller, Joseph Ghodsee, Allisha Corley and Audrey Grimm. 1 | Page POSITION NUMBERNAME ALTERNATETERM DATE Position 1 Mayor Pam Haley Rod Higgins 12/31/2026 Position 2 George Dahl Chris McKinney12/31/2026 Position 3Lance Beck12/31/2026 Position 4 Dr. John Parker 12/31/2026 Position 5 Kelly Keenen 12/31/2026 Position 6 Joseph Ghodsee 12/31/2027 Position 7 Allisha Corley 12/31/2027 Position 8 Lisa Miller 12/31/2027 Position 9 Audrey Grimm 12/31/2027 Non-Voting: City of Spokane Rep.Arielle Andersen 12/31/2027 CoSV Staff Rep. Gloria Mantz 12/31/2027 2 | Page CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 1, 2025 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. reportpending legislation executive session AGENDA ITEM TITLE: Administrative Report: Affordable and Market Rate Housing Request for Proposal (RFP) Response Presentations to Council GOVERNING LEGISLATION: RCW 35A.11.020: SVMC 3.49.019 PREVIOUS COUNCIL ACTION TAKEN: May 31, 2022, Council allocated $6 million of the City’s $16 million from the Coronavirus Local Fiscal Recovery Fund (CLFR) toward property acquisition May 31, 2022, Council allocated approximately $6 million to land acquisition for future affordable housing development RFPs and projects January 31, 2023, Council consensus to withheld $2 million from the Affordable Housing and Homeless RFP for City property acquisition for affordable housing development rd February 27, 2024 Council consensus to acquire the parcels at 3 and Carnahan to be used for Affordable Housing development July 23, 2024 Council Consensus to release an RFP for Affordable and Market Rate Housing for the Carnahan property BACKGROUND: In 2021, the City received approximately $16 million from the Coronavirus State and Local Fiscal Recovery Fund (“CLFR”) under the American Rescue Plan Act (“ARPA”). Since 2021, City Council has had several discussions about the use of the CLFR funds and has allocated these funds to a variety of purposes. One of the identified uses was to replace revenue lost as a result of the pandemic. The City Council decided to use the corresponding amount of general fund revenue towards other projects or community needs. On May 31, 2022, Council recognized that there is a significant need for land for affordable housing/homeless purposes and provided direction to allocate $6 million toward land acquisition, of which $4 million was further designated to fund the Affordable Housing and Homelessness RFP projects awarded in May of 2023. The remaining $2 million was available for property acquisition for affordable housing/homeless purposes as directed by Council. On February 27, 2024, Council reached consensus to acquire the parcels rdnd at the intersection of Carnahan Road and 3 Avenue/2Avenue. The property acquisition was finalized in late March 2024. On July 23, 2024, Council provided input and reached consensus for the preferred types of proposals and demographics to be incorporated into a request for proposal (RFP) for affordable housing development on st the available City owned property on Carnahan. The City also owns a 0.15 acre parcel located at 4908 E 1 Avenue, which is located in the vicinity of the Carnahan parcels, and is also zoned CMU and vacant. This lot was to be included in the RFP as an additional or optional parcel for development. Request for Proposal (RFP) On October 29, 2024, the City released an RFP entitled Affordable & Market Rate Housing on City Owned Property to seek proposals for the development of one or both parcels at the Carnahan area property locations. The RFP intended to address the City’s commitment to providing affordable housing and homeownership opportunities. The timing of the RFP was to overlap with Spokane County’s RFP process for 2024/2025 and provide the potential opportunity for applicants to leverage funding requests. The City’s RFP indicated that the Spokane Valley City Council desires to prioritize projects targeting workforce housing, senior housing, and mixed income development, with an emphasis on creating homeownership Page 1 of 4 opportunities. A minimum number of units was not specified; however the development was to fall under the category of either Permanently Affordable Homeownership or Affordable Rental Housing. Based on Council direction, the RFP stated the following development types would be scored more favorably: Family-sized (two and three bedroom) units Senior housing Mixed income development with no more than 25% market rate residential units At least 50% of total units are proposed to be affordable housing as defined in RCW 39.33.015 for households whose incomes do not exceed 80% of the median income for the area in which the housing is located. Homeownership opportunities st The 228 Carnahan South Road and the 1 Avenue parcels are zoned corridor mixed use (CMU) and encompass 1.35 acres and .15 acres, respectively, which provides a wide range of potential development opportunities. The parcels are currently vacant and preliminary site preparations have been completed. Respondents were asked to provide written proposals no later than January 17, 2025. Submittal requirements included a business statement, qualifications, experience, samples of similar work done by the responding organization, and three letters of recommendation. Additionally, proposals were to include mechanisms for affordability, conceptual designs, budgets including potential and secured funding sources, a project schedule, and identification of any partners involved. Property Transfer The City’s intent is to grant a possessory interest in the property or properties to the chosen applicant(s) at no cost only for those parts of the property that will be used for affordable housing. The RFP states that applicants proposing non-affordable housing uses along with affordable housing uses will be required to pay the City in an amount equal to the full appraised fair market value for those portions of the property not to be used for affordable housing. The fair market value will need to be paid as a condition to transfer ownership of the property to the successful applicant. The nature and extent of the property transfer will depend on the applicant’s proposal and will be the subject of negotiations between the City and the chosen applicant. In accordance with RCW 39.33.015, any deed, lease, or other instrument transferring or conveying property must include both (1) a covenant that runs with the land and requires the property to be used at all times for affordable housing as defined in the RCW; and (2) remedies that apply if the applicant fails to use it to provide affordable housing or ceases using it for such purpose. Respondents The City received proposals from three respondents: 4420 N Best LLC, Habitat for Humanity - Spokane, and Millenium Northwest. All three proposed developments for the Carnahan property, while Habitat for st Humanity is the only respondent who submitted a proposal which included plans for the parcel on 1 Avenue. The proposals have been included in the packet for Council review. The three organizations were invited to interview with a panel of staff and provide a highlight of their proposal, speak to the experience of their team, and answer or ask any clarifying questions. Staff provided an administrative review of the proposals and interview responses according to criteria in the RFP. (See Exhibit A). On March 24, 2025, staff received notification that 4420 N Best LLC has requested to withdraw their proposal from consideration. The organization notes that they were unable to meet the requirement to place low-income buyers into the proposed housing, nor the ability for buyers to resell the property due to the Page 2 of 4 same requirement. The proposal is included in the packet for Council reference; it has been removed from the ranking sheet. Ranking Process and City Council Decision Tonight, applicants will present to City Council and share highlights of the proposals. A ranking spreadsheet is included in the Council packet. For purposes of the RFP, the two offered properties are th considered different projects. Staff will collect these forms no later than April 9 and is anticipated to return to Council on April 22, 2025, to present the final rankings in a motion consideration. Council may select the top ranked proposal for each property, for one of the properties, or reject the proposals. OPTIONS: Discussion only. RECOMMENDED ACTION OR MOTION: None at this time. Staff is anticipated to return on April 22, 2025 for a motion consideration seeking consensus to award one or more respondent(s) the Affordable and Market Rate Housing project; or take other action as deemed appropriate. BUDGET/FINANCIAL IMPACTS: City Council allocated $2 million for property acquisition for rd affordable housing and homeless purposes. After the acquisition and related costs of the 3 and Carnahan property, approximately $1.3M remains allocated for these purposes. The City’s intent is to grant a possessory interest in the property or properties to the chosen applicant(s) at no cost only for those parts of the property that will be used for affordable housing. Any selected applicants proposing non-affordable housing uses along with affordable housing uses will be required to pay the City in an amount equal to the full appraised fair market value for those portions of the property to be used for retail and/or market rate housing. The timing and extent of this will depend on the applicant’s proposal and will be the subject of negotiations between the City and the chosen applicant, with a potential future budget amendment. STAFF CONTACT: Gloria Mantz, City Services Administrator; Sarah Farr, Accounting & Finance Program Manager ___________________________________________________________________________ ATTACHMENTS: Exhibit A – Evaluation Weighted Score Averages and Evaluation Criteria Summary PowerPoint Presentation – Staff Admin Report RFP Responses and Presentations: 4420 N Best LLC – (Consideration withdrawn 3/24/2025) Habitat for Humanity Spokane Millenium Northwest Request for Proposal – Affordable and Market Rate Housing on City Owned Property Council Ranking Worksheet Page 3 of 4 Exhibit A – Evaluation Weighted Score Averages and Evaluation Criteria Summary Affordable & Market Rate Housing RFP - Evaluation Weighted Score Averages The City received three (3) responses to the Affordable & Market Rate Housing Request for Proposal (RFP ). Proposals were reviewed and evaluated based on criteria outlined in the RFP and listed below. Respondents were invited to an interview to further discuss their proposal. The evaluators assessment and project scores are averaged in the chart below. This is a preliminary assessment using information in the proposals and from the interviews and does not indicate a decision on the RFP award. City Council shall make the final project award decision. 4420 N Habitat for Millenium BestHumanityNW Weighted %Score (%)Score (%)Score (%) Identified Housing Needs and Priorities 20%4.3317%5.0020%3.0012% Community Impact 15%4.6714%5.0015%4.0012% Property Management Team 20%3.0012%4.6719%3.3313% Retention of Affordability 15%3.009%5.0015%2.678% Leverage, Collaboration, Financial Assessment 20%3.6715%4.0016%3.6715% Staff Evaluation – Readiness & Feasibility 10%4.339%4.008%3.677% 100%2376%27.6793%20.3367% Evaluation Scoring (scale is 0-5 for each criteria) Evaluation Criteria Summary 0 – Very poor, doesn’t meet any of the categories within the criteria 1 – Poor, meets less than half of the categories within the criteria Identified housing needs and priorities 2 – Fair, meets half of the categories within the criteria · Family sized units 3 – Average, meets over half of the categories within the criteria · Senior housing 4 – Good, meets all of the categories within the criteria · Mixed income with no more than 25% market rate units 5 – Excellent, exceeds the categories within the criteria · Homeownership opportunities Community impact · Housing type · Number of units · Access to services · Opportunities for beneficiaries to build financial stability · Project promotes sense of community · Creates diverse housing capacity Property Management The development and property mgmt. teams have skills, resources, and capacity to achieve proposed activity, including: · Demonstrated experience on projects of similar size and scope · Demonstrated property management plan · Qualified staff · Property maintenance plan Retention of affordability · Length of time committed to affordability · Immediate vs long term impact · Annual affordability reporting requirements Leverage and collaboration/financial assessment May include: · Other funds committed/expected · In kind contributions – amount · Letters of support · Partnerships · Confirmation of funding · Total Cost · Cost effectiveness Staff evaluation – readiness to proceed and feasibility Dependent on project, this will include · Site control · Scope of work · Construction start date · Project completion date Page 4 of 4 Background Schedule of RFP Process evaluating questions to when respond proposal and the within proposals questions highlight to any able clarify could RespondentsStaff —— Proposal Review and Interviews Proposal Review and Interviews Four Workforce Housing Projects Including… Project Timeline - Phase 1 FEASIBILITY FUNDING SOURCES FINANCIALS 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Fax: (509) 720-5075 www.spokanevalleywa.gov Email: cityhall@spokanevalleywa.gov CITY OF SPOKANE VALLEY REQUEST FOR PROPOSALS **ADDENDUM #1** Affordable & Market Rate Housing on City Owned Property RFP Due Date: 4:00 p.m., January 17, 2025 This Addendum #1 to the City’s request for proposals regarding Affordable & Market Rate Housing on City Owned Propertyprovides notice of a modification to thefollowing sections tothe request for proposals: (A) paragraph 1 of the Addenda, Modifications and Clarifications, (B) Schedule, (C) Scope of Work, and (D) Property Transfer. The modifications are as follows: (A) The Addenda, Modifications and Clarifications paragraph 1 set forth below replaces the Addenda, Modifications and Clarifications paragraph 1 in the original request for proposal: Addenda, Modifications and Clarifications 1. The City reserves the right to change the RFP schedule or issue addenda to the RFP at any time. All such addenda will become part of the RFP. The City will provide notification of addenda by public notice on the City’s website. It is the responder’s responsibility to confirm as to whether any addenda have been issued. The City also reserves the right to cancel or reissue the RFP. (B)The Schedule set forth below replaces the Schedule in the original request for proposal: Schedule The City anticipates the following schedule for completion of the RFP process: #1 – – **8:30 a.m. City of Spokane Valley, City Hall, 10210 E. Sprague Avenue. Technical Assistance Session #2 will be available virtually and will be recorded for those who can’t attend in person. A link to the virtual session will be provided upon request. (C) The Scope of Work set forth below replaces the Scope of Work in the original proposal: The City is seeking development proposals for two City owned properties. Applicants are encouraged to provide a proposal for one or both parcels. The City is not specifying the minimum number of housing units required with the development proposals. However, the housing development should fall under one of the following categories: Permanently Affordable Homeownership: Construction and sale of individual homeownership units (such as townhomes, cottages, or a mix of types) that are sold to buyers whose household income is no more than 80% of the median income in the area where the housing is located and who will occupy the unit, and are sold at prices such that (1) the sum of the monthly mortgage principal, interest, property taxes, homeowner’s insurance, homeowner’s association fees, and land lease fees, as applicable, do not exceed 38 percent of the purchasing household’s monthly income; and (2) does not cause the household’s monthly debt to exceed 45 percent of the monthly household income. Affordable Rental Housing: Construction of rental units that shall be leased to residential tenants whose household income is no more than 80% of the median income in the area where the housing is located, and is leased at rates that do not cause the sum of the monthly rent and utilities (not including telephone service) to exceed 30 percent of the tenant’s monthly household income. Affordable housing affects all income levels. However, for the purposes of this RFP and at all times mentioned herein, the term “affordable housing,” both ownership and rental, specifically refers to housing sold or rented to households earning no more than 80% of the median income under the current HUD guidelines for the area where the housing is located. A mixture of Affordable Rental Housing and Permanently Affordable Homeownership as identified immediately above. Development that incorporates both (1) Affordable Rental Housing and/or Permanently Affordable Homeownership, and (2) market rate housing and/or retail uses. Proposals that include one or more of the following will be scored more favorably: Addendum #1 - Request for Proposals for Affordable Housing and Homeless Services Spokane Valley, WA Publication Date: January 24, 2023 Family-sized (two and three bedroom) units Senior housing Mixed income development with no more than 25% market rate residential units At least 50% of total units are proposed to be affordable housing as defined in RCW 39.33.015 for households whose incomes do not exceed 80% of the median income for the area in which the housing is located. Homeownership opportunities NOTICE: The City cannot transfer any property to a successful applicant that will not be used for affordable housing as defined in RCW 39.33.015(8)(a). Therefore, the City will require applicants proposing a mix of affordable housing and either market rate housing or retail uses, if selected as a provider, to pay the full appraised fair market value for that portion of the subject property that is identified for uses other than affordable housing as set forth herein and in RCW 39.33.015(8)(a). (D) The Property Transfer section set forth below replaces the Property Transfer section of the original proposal: The City’s intent is to grant a possessory interest in the Property to the chosen applicant(s) at no cost only for those parts of the property that will be used for affordable housing. Selected applicants proposing non-affordable housing uses along with affordable housing uses will be required to pay the City in an amount equal to the full appraised fair market value for those portions of the property to be used for retail and/or market rate housing. The nature and extent of the possessory interest (i.e. fee simple, leasehold, or other property interest) and timing of the property transfer will depend on the applicant’s proposal and will be the subject of negotiations between the City and chosen applicant. However, in accordance with RCW 39.33.015, any deed, lease, or other instrument transferring or conveying property must include both (1) a covenant that runs with the land and requires the property to be used at all times for affordable housing as defined herein; and (2) remedies that apply if the applicant fails to use it to provide affordable housing or ceases using it for such purpose. For purposes of this RFP and any agreement the City enters into with the chosen applicant, “affordable housing” shall mean (a) for rental housing, monthly rent and utility payments (not including telephone) are equal to or less than 30 percent of the household’s monthly income, and (b) for permanently affordable homeownership, both (i) the monthly payments for mortgage principal, interest, property taxes, homeowner’s insurance, homeowner’s association fees, and land lease fees is equal to or lesser than 38 percent of the household’s monthly income, and (ii) total household debt is no more than 45 percent of the monthly household income. For both rental housing and permanent housing, the housing must be owned by or leased to persons whose household income does not exceed 80% of the median income for the area in which the housing is located in order to be considered “affordable housing” in compliance with the aforementioned covenant. Addendum #1 - Request for Proposals for Affordable Housing and Homeless Services Spokane Valley, WA Publication Date: January 24, 2023 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Fax: (509) 720-5075 www.spokanevalley.org Email: cityhall@spokanevalley.org CITY OF SPOKANE VALLEY REQUEST FOR PROPOSALS Affordable & Market Rate Housing on City Owned Property th Due Date: 4:00 p.m., January 17, 2025 The City of Spokane Valley(the “City”)is seeking affordable and market housing development proposals for City owned property through this Request for Proposals (“RFP”). This RFP is intended to address the City’s commitment to providing affordable housing and homeownership opportunities. Proposals should align with the goals of the City’sHousing Action Plan(found atspokanevalleywa.gov/Housing-Action-Plan-PDF). The Spokane Valley City Council desires to prioritize projects targeting workforce housing, senior housing, and mixed- income development, with an emphasis on creating homeownership opportunities. The City asked Empire Health Foundation (EHF) to assist in facilitating this RFP process. The City Council will make all final decisions to choose a proposal for development. Background information The City of Spokane Valley is a non-charter code city organized under Title 35A RCW, and has a Council-Manager form of government. The City Council consists of seven members elected at- large. The Mayor is elected by theirfellow Councilmembers, and serves as the Chair of the Council. The City Manager directs all City operations. The City Manager seeks at all times to develop and implement a “best practices” approach in operating the City government and to achieve a balanced, efficient, economical, and quality service delivery. The City of Spokane Valley incorporated March 31, 2003, and is currently the ninth largest city in Washington, encompassing 38.5 square miles. Its current population is approximately 108,800. The City is part of the larger Spokane metropolitan area of approximately 559,400. The City generally considers itself to be a “contract” city, with many core services provided by contract with private or other public entities. This document is a Request for Proposals (RFP) for affordable and market rate housing development on two properties owned by the City. The primary property is 1.35 acres located at 228 S. Carnahan Road and the secondary property is .15 acres and located at 4908 E. 1st Avenue, Spokane Valley 99212. Communications EHF is acting in a facilitation capacity and will be reporting all RFP responses to the City, which retains the sole decision-making authority in all aspects of this RFP process. All communications related to responding to this RFP are to be directed to the RFP Coordinator identified below: Leroy Eadie, VP of Programs Empire Health Foundation P.O. Box 244 Spokane, WA 99210 Email: Leroy@empirehealthfoundation.org Phone: 509-590-3961 Unauthorized contact regarding this RFP with other EHF employees, City employees or City Councilmembers may result in automatic disqualification. Any oral communications by Leroy Eadie will be considered unofficial and non-binding on the City. Minimum Qualifications: The applicant must be licensed to do business in the State of Washington. The applicant must have experience developing successful “affordable housing” (as that term is defined in RCW 39.33.015(8)(a)) and market rate housing. Applicants may be for profit or nonprofit organizations. Scope of Work The City is seeking development proposals for two City owned properties. Applicants are encouraged to provide a proposal for one or both parcels. Property 1Property 2 Address 228 South Carnahan Road, 4908 East First Avenue, Spokane Valley, WA 99212 Spokane Valley, WA 99212 Parcel # 35232.1509 & 35232.1503 35232.1304 Size 1.35 acres 0.15 acres Zone Corridor Mixed Use Corridor Mixed Use Density No min density No min density The City is not specifying the minimum number of housing units required with the development proposals. However, the housing development should fall under one of the following categories: 2 Permanently Affordable Homeownership: Construction and sale of individual homeownership units (such as townhomes, cottages, or a mix of types)that are sold to buyers who will occupy the unit, and are sold at prices such that (1) the sum of the monthly mortgage principal, interest, property taxes, homeowner’s insurance, homeowner’s association fees, and land lease fees, as applicable, do not exceed 38 percent of the purchasing household’s monthly income; and (2) does not cause the household’s monthly debt to exceed 45 percent of the monthly household income. Affordable Rental Housing: Construction of rental units that shall be leased to residential tenants at rates that do not cause the sum of the monthly rent and utilities (not including telephone service) to exceed 30 percent of the individual tenant’s monthly household income. Affordable housing affects all income levels. However, for the purposes of this RFP and at all times mentioned herein, the term “affordable housing,” both ownership and rental, specifically refers to housing for households earning less than 100% of the (a) average monthly income (AMI) for households in Spokane County as determined by the United States Department of Housing and Urban Development (HUD), or (b) the monthly median family income (MFI) under the current HUD guidelines, whichever is lower. A mixture of Affordable Rental Housing and Permanently Affordable Homeownership as identified immediately above. Development that incorporates both (1) Affordable Rental Housing and/or Permanently Affordable Homeownership, and (2) market rate housing and/or retail uses. Proposals that include one or more of the following will be scored more favorably: Family-sized (two and three bedroom) units Senior housing Mixed income development with no more than 25% market rate residential units At least 50% of total units are proposed to be affordable housing as defined in RCW 39.33.015 for households whose incomes do not exceed the lesser of 100% AMI or 100% MFI limits. Homeownership opportunities NOTICE: The City cannot transfer any property to a successful applicant that will not be used for affordable housing as defined in RCW 39.33.015(8)(a). Therefore, the City will require applicants proposing a mix of affordable housing and either market rate housing or retail uses, if selected as a provider, to pay the full appraised fair market value for that portion of the subject property that is identified for uses other than affordable housing as set forth herein and in RCW 39.33.015(8)(a). Property Zoning The parcels are zoned corridor mixed use (CMU) which allows for a wide range of potential development opportunities including but not limited to most residential uses including multi- family, retail, and offices. CMU does not have a maximum density. Adjacent residential zones are protected through transitional standards. Please see City of Spokane Valley Municipal Code Chapter 19.60.050 for more details. 3 Property Transfer The City’s intent is to grant a possessory interest in the Property to the chosen applicant(s) at no cost only for those parts of the property that will be used for affordable housing. Selected applicants proposing non-affordable housing uses along with affordable housing uses will be required to pay the City in an amount equal to the full appraised fair market value for those portions of the property to be used for retail and/or market rate housing. The nature and extent of the possessory interest (i.e. fee simple, leasehold, or other property interest) and timing of the property transfer will depend on the applicant’s proposal and will be the subject of negotiations between the City and chosen applicant. However, in accordance with RCW 39.33.015, any deed, lease, or other instrument transferring or conveying property must include both (1) a covenant that runs with the land and requires the property to be used at all times for affordable housing as defined herein; and (2) remedies that apply if the applicant fails to use it to provide affordable housing or ceases using it for such purpose. For purposes of this RFP and any agreement the City enters into with the chosen applicant, “affordable housing” shall mean (a)for rental housing, monthly rent and utility payments (not including telephone) are equal to or less than 30 percent of the household’s monthly income, and (b) for permanently affordable homeownership, both (i) the monthly payments for mortgage principal, interest, property taxes, homeowner’s insurance, homeowner’s association fees, and land lease fees is equal to or lesser than 38 percent of the household’s monthly income, and (ii) total household debt is no more than 45 percent of the monthly household income. For both rental housing and permanent housing, the housing must be owned by or leased to persons whose household income does not exceed the lesser of 100% AMI for Spokane County or 100% MFI in order to be considered “affordable housing” in compliance with the aforementioned covenant. See attachment B for propertiesmap. Schedule The City anticipates the following schedule for completion of the RFP process: October 29, 2024 Technical Assistance SessionNovember 13, 2024* RFP submission due dateJanuary 17, 2025 Review Period January 17 – March 2025 Early March 2025 March 2025 Project start date To be determined – Project dependent Deliverables by To be determined *9:00 a.m. City of Spokane Valley, City Hall, 10210 E. Sprague Avenue. This session will be available virtually and will be taped for those who can’t attend in person. A link to the virtual session will be provided upon request. Review Period: Following any administrative review and subsequent interviews, applications will be provided to City Council for review. Applicants will be required to make a presentation to City Council at a meeting anticipated to occur in early March 2025. City Council will make a final 4 determination of the project award at a public meeting. The City anticipates that City Council consideration and award will occur in late March, 2025. How to Respond Submit three copies of written responses to Empire Health Foundation, Attn: Leroy Eadie, VP of Programs, 1020 W. Riverside Avenue, P.O. Box 244, Spokane WA 99210 or by electronic submittal to leroy@empirehealthfoundation.org no later than 4:00 p.m. on January 17, 2025. Submittals shallbe signed by authorized representatives of the responding entity. Unsigned proposals shall not be considered. Proposals not received by 4:00 p.m. on January 17, 2025, shall not be considered. The responding entity is responsible for ensuring that responses are received by Empire Health Foundation by the time and date specified herein and accept all risk of late delivery for the method of delivery chosen, regardless of fault. Submittal Requirements Written responses shall include the following: 1. Business Statement, using Attachment “A” hereto. 2. Business/Agency history, including qualifications. 3. List of relevant development experience and qualifications of the organization and employees who will be assigned to this project. 4. Samples of similar work done by your organization. 5. At least three letters of recommendation from individuals, businesses or agencies who have experience with your organization in affordable and market-rate housing. 6. Proposal(s) for housing development that includes the following Project description including the individuals that would be served. Describe any mechanisms that will be in place to preserve the affordability of the units. Conceptual design of housing project including the number and style of units Project budget and sources of potential funding Project schedule that includes major milestones for project delivery Identification of vision/mission of the organization(s) submitting the application Experience of the organization with similar projects including the team that will working in the project. Include resumes for the team that will be assigned to the project. Identification of partners involved in project if any Providing a reference is considered permission to contact the reference. The City may contact outside individuals, whether offered as references or not. The City retains the right to use such information in its decision. Submittal of a response is agreement that the City may contact and use such information. Evaluation Criteria and Procedure Proposals will be evaluated in accordance with the requirements stated in this solicitation and any addenda issued. Evaluation of proposals maybe accomplished by an evaluation team, to be designated by EHF and the City, which will determine the ranking of the proposals. EHF and the City, at its sole discretion, may elect to select the top-scoring Organizations as finalists for an oral presentation. 5 The RFP Coordinator may contact the Organization for clarification of any portion of the Organization's Proposal. Evaluation Weighting and Scoring The City will evaluate each of the criteria below on a scale of 0 to 5 points. The scores will be weighted based on the percentage assigned in the table below for a total of 100 percent. Scores will be used as a guide by City staff in ranking the proposals, identifying applicants to provide oral presentations, and determining City staff recommendations, if any, to City Council. City Council shall make the final project award decision. The following weighting and points will be used to evaluate each proposal: 20% Family sized units Mixed income with no more than 25% market rate units Community Impact15% Number of units Access to services Project promotes sense of community 20% teams have skills, resources, and capacity Demonstrated experience on projects of similar size and scope Demonstrated property Property maintenance plan 15% requirements 6 May include:20% – amount Partnerships Total Cost – readiness to Dependent on project this will include 10% proceed and feasibility Site control Scope of work Oral Presentations Will Be Required Written submittals and oral presentations will be utilized in selecting the winning proposals. The City of Spokane Valley, at its sole discretion, may select any number of the top scoring finalists from the written evaluation for an oral presentation to City staff and/or City Council. Applicant(s) selected to make oral presentations will be contacted toschedule a date, time and location. Commitments made by an applicant at the oral interview, if any, will be considered binding in the event they are selected by City Council as the successful applicant to the RFP. Addenda, Modifications and Clarifications 1. The City reserves the right to change the RFP schedule or issue addenda to the RFP at any time. All such addenda will become part of the RFP. The City will provide notification of addenda in the same manner as distribution of the RFP. It is the responder’s responsibility to confirm as to whether any addenda have been issued. The City also reserves the right to cancel or reissue the RFP. 2. The City reserves the right to request any responding entitytoclarify its proposal or to supply any additional material deemed necessary to assist in the evaluation of the proposal. Modification of a proposal already received will be considered only if the modification is received prior to the submittal deadline. Any modifications shall be made in writing, executed and submitted in the same form and manner as the original proposal. Evaluation and Selection The City reserves the right to select the responding entity which best meets the needs and interests of the City, or to reject all responses as set forth below. The following steps are anticipated: Step 1. Receipt and review of proposals and written responses. Step 2. City follow-up with respondents and possible interviews. Step 3. Initial reference and information check. Step 4. Presentation to City Council Step 5. Selection of provider. Step 6. Negotiation of contract. 7 Contract If City Council chooses one or more proposals submitted in response to this RFP, then City staff and the successful applicant(s) shall begin, without undue delay, to negotiate the terms of an agreement facilitating development of the subject property consistent with the terms of said proposal and representations made by the successful applicant. Rejection of Proposals The City reserves the right to reject any or all submittals, portions, or parts thereof. The City reserves the right to obtain services through other means. Non-Collusion Submittal and signature of a proposal swears that the document and proposal is genuine and not a sham or collusive, and not made in interest of any person not named, and that the responding entity has not induced or solicited others to submit a sham offer, or refrain from proposing. No Costs The City shall not be responsible for any costs incurred by any respondents in preparing, submitting, or presenting its response to the RFP or interview process, if applicable. The City shall not be responsible for any costs incurred by the responding entity selected by the City prior to any further agreements or contracts. Non-Endorsement As a result of the selection of a responding entity, the City is neither endorsing nor suggesting the responding entity’s proposal is the best or only solution. The responding entity agrees to make no reference to the City in any literature, promotional material, brochures, sales presentation or the like without prior express written consent from the City. Ownership of Documents Any reports, studies, conclusions and summaries submitted by the responding entity shall become the property of the City. Public Records Under Washington State law, the documents (including all such items as described in RCW 42.56.010 for the term “writing”) submitted in response to this RFP (the “documents”) become a public record upon submission to the City, subject to mandatory disclosure upon request by any person, unless the documents are exempted by a specific provision of law. If the City receives a request for inspection or copying of the documents, it will promptly notify the person submitting the documents to the City(by U.S. mail and electronic mail if the person has provided an e-mail address) and upon written request of such person, received by the City within five days of the providing of such notice, will postpone disclosure of the documents for a reasonable period of time as permitted by law to enable such person to seek a court order prohibiting or conditioning the release of such documents. The City assumes no contractual obligation to enforce any exemption. 8 Assurance of Non-Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 9 Attachment “A” BUSINESS STATEMENT Please complete and submit with your response. 1. Name of business: 2. Business address: 3. Phone: Business fax: e-mail: 4. Business classification (check all that apply): Individual ______ Partnership______ Corporation ______ 5. Federal tax number/UBI number: / 6. Name of owner: 7. Does the company maintain insurance in amounts specified by the City if awarded a contract: Yes: No: (General liability insurance of at least $2,000,000 per occurrence; $2,000,000 aggregate, Combined Single Limit (CSL); Automobile liability of at least $1,000,000 per accident CSL; Professional Liability, if applicable, of at least $2,000,000. If no, describe the differences: 8. Are there claims pending against this insurance policy? Yes: No: If yes, please explain the nature of the claims: 9. Has the company or anybody in the company ever been disqualified or terminated by any public agency? Yes: No:__________ 10. Proposal offers shall be good and valid until the City completes the award or rejects the proposals. Failure to concur with this condition may result in rejection of the offer. Does the firm accept this condition? Yes: No: I certify that to the best of my knowledge, the information contained in this proposal is accurate and complete, and that I have the legal authority to commit this company to a contractual agreement. SIGNATURE: Date: _________________ PRINT NAME AND TITLE OF SIGNER: 10 Attachment “B” Map of Subject Properties Property #2 Property #1 11 1 1 #DIV/0!#DIV/0!#DIV/0! AwardedAwarded 3/25/2025 #DIV/0!#DIV/0!#DIV/0! RankingRanking YaegerYaeger PaddenPadden HigginsHiggins HaleyHaley Councilmember RankingsCouncilmember Rankings HattenburgHattenburg WickWick MerkelMerkel 4908 South 1st Ave Property 229 South Carnahan Property Habitat for Humanity SpokaneMillennium NorthwestHabitat for Humanity Spokane CITY OF SPOKANE VALLEY, WA Affordable and Market Rate Housing RFPRFP Ranking In filling out this worksheet, each Councilmember will rank the proposals listed below in order of priority with number 1 being the highest priority project. Each property site is ranked as an individual project. Councilmembers must return their completed ranking worksheet to Sarah Farr prior to Wednesday, April 9th, 2025. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 1, 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: Commute Trip Reduction (CTR) Plan Update 2025-2029 GOVERNING LEGISLATION: WAC 468-63 (CTR Program), RCW 70.94 (Clean Air Act), RCW 82.70 (CTR Incentives), RCW 47.01.440 (Goals to Reduce Annual Per Capita Vehicle Miles Travelled), RCW 70.235.020 (Greenhouse Gas Emissions Reductions), Governor’s Executive Order 14-04 (Washington Carbon Pollution Reduction and Clean Energy Action) PREVIOUS COUNCIL ACTION TAKEN: Spokane County has provided CTR services as required by law since 2003 pursuant to interlocal agreements approved by Council. Ordinance No. 10-013 Adopting the City of Spokane Valley Commute Trip Reduction Plan adopted on July 27, 2010. CTR Plan Update adopted January 27, 2015. May 5, 2020 Administrative Report that addressed the Commute Trip Reduction (CTR) Plan Update for 2020-2024. April 2, 2024, Council approval for the City Manager to renew the Interlocal Agreement with Spokane County for the implementation of state-delivered CTR funds to serve Spokane Valley for years 2023-2025. BACKGROUND: Commute Smart NW’s TDM Manager, LeAnn Yamamoto, will share information regarding the City’s CTR Plan update process and the program’s efforts in Spokane Valley. The CTR Law was passed by the State legislature in 1991 to address traffic congestion, air pollution and petroleum fuel consumption. The CTR Efficiency Act was passed in 2006 requiring local governments in urban areas with traffic congestion to develop programs that reduce drive- alone trips and vehicle miles travelled per capita. All employers with one hundred or more full time employees are required to implement CTR programs and make good faith efforts to achieving goals for reducing single-occupant vehicle trips. There are 18 affected employers in Spokane Valley. Council adopted the original Commute Trip Reduction (CTR) Ordinance and Plan in 2010. Subsequently, the City Manager has approved the multi-year plan updates for years 2011-2015, 2015-2019, and 2020-2024. The State Commute Trip Reduction Board adopts its own plan every four years and local jurisdictions are required by state law to implement the new goals into their own plans which are applicable to all affected jurisdictions in the City of Spokane Valley. These plans are approved by the local Regional Transportation Councils and the state CTR Board. This version is for 2025-2029 (mid-year to mid-year). The CTR Plan adoption is a coordinated effort between the Washington State Department of Transportation (WSDOT), Spokane Regional Transportation Council, Spokane County’s CTR team Commute Smart NW, and local governments like Sokane Valley. Efforts to update the plan began in spring 2024. State and regional approvals for Spokane Valley’s plan update were received in winter 2024-2025. OPTIONS:Discussion. Staff willreturn at a later date for a first reading of the draft ordinance amending Chapter 10.20 SVMC to adopt an updated Commute Trip Reduction Plan. RECOMMENDED ACTION OR MOTION: None at this time. BUDGET/FINANCIAL IMPACTS: State supplied funds are transferred to Spokane County as the City contracts via interlocal agreement with the County to provide Commute Trip Reduction services and oversight over affected employers within the City of Spokane Valley. City CTR responsibilities are provided by employees in conjunction with their other duties. STAFF CONTACT: Adam Jackson, Engineeirng Manager; LeAnn Yamamoto, TDM Manager, CommuteSmartNW ___________________________________________________________________________ ATTACHMENTS: PowerPoint Presentation Updated 2025-2029 Commute Trip Reduction (CTR) Plan Draft ordinance to amend Chapter 10.20 SMVC Appendix C: City and county plan template Benefits of CTR 1 1. Describe the local land use and transportation context and objectives. a. Describe the setting in the jurisdiction as it is today or will be in the near future. Spokane Valley is a city of approximately 107,000 people in eastern Washington, only 10 miles from the Idaho border. As the ninth-largest city in Washington State, it is an integral part of the greater Spokane region. It is bordered by Liberty Lake to the east, Millwood to the north, Spokane to the west, and areas of unincorporated Spokane County throughout. The Spokane River, Interstate 90bisect the City on an east-west axis. Though Spokane Valley incorporated relatively recently, in 2003, it is already a major retail destination and a recognized employment center that offers opportunity to visitors and residents alike. b. Describe features of land use and transportation facilities and services that affect commuters. Land use regulations determine what can be built, at what density, and in which location. In of the Comprehensive Plan provides a framework to accommodate future development while Element form the basis for growth-related planning found in the other elements of the Comprehensive Plan. -planned transportation network so that people can travel efficiently for work, shopping, medical, recreational, and other uses. The Comprehensive Plan reviews the existing state of the transportation system and identifies future challenges related to continued demographic and economic growth. This analysis is a required component of the Transportation Element of the Comprehensive Plan and identifies how the transportation network and the surrounding land uses influence the way people travel and how convenient that travel is for local residents, workers, and visitors. Since incorporation in 2003, the City has witnessed significant growth in population and 1 Sources: The plan shall highlight the existing and future land use and transportation conditions and characteristics considered most critical by the jurisdiction and evaluate the degree to which existing local services, policies, regulations, and programs, as well as any documented future investments, will complement the trip reduction efforts of CTR employers. (WAC 468-63-040(2)(a)) The state intends for local jurisdictions to use information in existing plans and programs, such as the local comprehensive plan, unified development codes, the transportation improvement program, economic development plans, and others, as much as possible in order to develop the local CTR plan. (WAC 468-63-040(2)) 1 employment. With more people living and working in the City, there are also more people traveling to and from Spokane Valley on a daily basis. On face, these general trends emphasize the importance of investing in transportation infrastructure and transportation demand management (TDM) strategies, but understanding how people currently travel to and through the City is also important to establish planning frameworks that respond efficiently to future transportation challenges. New and enhanced Transportation features are a priority and are reflected in projects in Spokane Valley. The Transportation Improvement Plan is focused on transportation related projects that are focused on completing the infrastructure systems for multi modal options. This focus will facilitate commuter access to non-drive-alone modes and the projects focus on, Completing sidewalks and trails throughout the city. Expanding the bikeway system. Enhancing transit options and facilities, such as new park and ride lots. Installing enhanced pedestrian facilities such as protected pedestrian crossings using RRFB and PHB technologies. Installing new sidewalks. Improving existing trails and making connections for multi modal usage. Improving the transportation network to improve capacity, decreasing congestion, and vehicle idling times c. Describe whether and how commuting patterns have changed in the past few years. ŷĻ ĭŷğƓŭĻƭ Ʒƚ ĭƚƒƒǒƷźƓŭ ƦğƷƷĻƩƓƭ źƓ ƷŷĻ ğƌƌĻǤ źƓ ƷŷĻ ƌğƭƷ ŅĻǞ ǤĻğƩƭ źƓĭƌǒķĻʹ General reduction in commute trips as workers engage in work-from-home options with many employers still offer some flexibility in this arrangement A shift in daily commute patterns. Instead of a morning, midday, and evening peak, we are now seeing a morning peak, and then a midday small surge followed by gradual increase to the PM peak without a pronounced lull between midday and PM peaks. Gradual increase in transit usage from the influences of COVID generated traffic pattern changes. There are a number of implications for CTR from these changes, An increase in transit use leads to a decrease in congestion and an increase in improved air quality. An increase in remote work leads to a reduction in those commute trips. 2 The shift in commute patterns leads to a spreading out of peaks which can lead to a reduction in congestion and an improvement in air quality. Commute changes are likely attributed to work-from-home with fewer people in rigid schedules in the office and more people traveling around on non-commute trips in the afternoon. d. commute trip reduction most directly affects. The transportation and land use goals and objectives of the Comprehensive Plan that most directly affect the CTR program are, An increase in the use of transit and the development of transit facilities Projects oriented towards improving the overall system Level of Service or LOS Progression on building out the bicycle network Projects that increase pedestrian safety, including adding new protected pedestrian crossings Land use policies and actions that will focus development along transit corridors Creating multi modal connections using existing trail systems, pedestrian and bicycle networks, and considering those connections in land use actions and developments. e. Describe critical aspects of land use and transportation that should be sustained and key changes transportation objectives you reference. sustained to support the CTR program include, Comprehensive Plan, Transportation Improvement Plan, Economic Development Plan Transit Development Plan, Transit Long Range Plan Regional Comprehensive/Land Use Plan, Regional Transportation Plan Previous Commute Trip Reduction Plan Focused land use and transportation improvements to meet sustainability, livability, and economic development goals Increases in density of new housing and capital improvement projects to build out multi- modal networks are going forward to support commute trip reduction. 3 2. 2 objectives. a. Describe how and to what extent your CTR program will help your city or county achieve the land use and transportation objectives referenced in question 1. The CTR program as increasing housing density and completing planned multi-modal networks. By encouraging people to commute in a non-drive alone modes, the CTR program helps to support the market for higher density housing that is close to transit. When these Comprehensive Plan elements are implemented, it becomes easier and more natural for people to commute via non-drive-alone modes. 3 3. objectives. a. Describe how the CTR program will support jurisdiction greenhouse gas emission reduction efforts. Spokane Valley Resolution # 16-010 address greenhouse gas emissions. With in that resolution there are specific CTR related policies and goals including, transit, carpooling, bicycling and walking Every drive-alone commute trip that converts to transit, rideshare or a non-motorized mode eliminates the greenhouse gas emissions that would have been generated by that drive-alone trip. b. Describe how the CTR program will support jurisdiction environmental objectives in addition to greenhouse gas emission reductions. As described above, Spokane Valley resolution on Greenhouse gas emissions sets goals and direction for our environmental objectives. The CTR program helps to achieve those environmental objectives by focusing on options to reduce vehicle emissions, using alternative modes of transportation, such as public transit, and reducing the number of single driver vehicles. The CTR program helps to create a more environmentally friendly community. As drive-alone trips shift to transit, rideshare and non-motorized uses the demand for new 2 Source: The local CTR plan shall describe how the CTR program will help achieve the jurisdiction's broader land use and transportation goals. (WAC 468- 63-040(2)) 3 Source: The legislature also finds that increasing automotive transportation is a major factor in increasing consumption of gasoline and, thereby, increasing reliance on imported sources of petroleum. Moderating the growth in automotive travel is essential to stabilizing and reducing dependence on in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement plans to reduce single-occupant vehicle commute trips. (RCW 70A.15.4000) 4 roadways decreases and more land area can be left in a natural, unbuilt state which also improves air quality. 4 4. Describe how your CTR program will help achieve regional and state objectives. a. Summarize the local, regional, and state benefits that would be gained if you achieve your CTR targets. Local CTR Plan: Improve delivery of CTR programs. Expand CTR market to address offer more sustainable travel options. Produce more useful transportation behavior data. Respond to shifting mobility patterns. Reduce greenhouse gas emissions. Regional Transportation Plan: Move people and goods. Improve air and water quality. Achieve greenhouse gas emission reduction goals. economy. Advance equity. Invest in neighborhoods. Foster Innovation. State CTR Draft Plan: Improve delivery of CTR programs. Expand CTR market to address equity. Produce more useful transportation behavior data. Expand investment and service to advance equity and environmental justice. Respond to shifting mobility patterns. 4 Sources: In their local CTR plans, local jurisdictions shall communicate what local, regional, and state benefits would be gained if the established targets were achieved. Benefits may include but are not limited to: Regional transportation planning organizations (RTPOs) and WSDOT shall provide applicable data, if available, to assist this analysis. (WAC 468-63- 030(3)(c)) The plan shall also discuss cross-boundary issues, such as passthrough commute patterns or larger regional issues, and how these affect the local CTR plan. (WAC 468-63-040(2)(a)) 5 Reduce greenhouse gas emissions. Summary of benefits Reduce greenhouse gas emissions: The state and region both have the goal of reducing greenhouse gas emissions. Each commute trip that is shifted to a non-drive Advance equity: By focusing particular attention and communication efforts on vulnerable and disadvantaged communities and neighborhoods program is gathering their input and highlighting the opportunities that the CTR program offers. These efforts by the city are advancing equity, which is a goal of the region and the state. Improve delivery of CTR programs: The elements in the transportation improvement plan that improve the non-motorized network will improve connections for all modes of travel. This in turn will make all the CTR actions more productive and easier to deliver. This aligns with the regions Foster interagency collaboration: The requirements of the CTR program to consider state, regional and adjacent community goals naturally foster interagency collaboration which, in turn, yields a more integrated and robust multimodal transportation system that better meets the travel needs of all citizens. b. List adjacent CTR-affected cities and counties. City of Spokane City of Liberty Lake Spokane County Unincorporated Spokane County Airway Heights Medical Lake Cheney c. Describe the top few cross-border and regional transportation issues that affect your jurisdiction. Maintaining similar traffic control and physical conditions between jurisdictions is a goal of Spokane Valley. This manifests itself in compatible signal timing, curb to curb widths and lane configurations, bicycle and pedestrian routes and configurations and regional transit consistencies. These goals above, combined with a regional CTR approach, fosters more consistent multi modal travel between jurisdictions and encourages safe and efficient transportation options besides driving alone. 6 d. Describe the strategies you, adjacent cities and counties, and your region have agreed to use to address the top issues described in the previous bullet. Strategies include, timing Regional transportation plans coordinated through the local MPO regarding connectivity and ways to partner and address those issues. Spokane Valley is actively exploring grant opportunities for joint application. 7 Performance targets 5 5. . a. List performance targets that reflect only CTR-affected worksites. Spokane Valley selected Option 3 Weighted average DAR (drive alone rate) of a locally specific percent for CTR- 6% reduction in the DAR from the 2024 CTR survey baseline. This performance target was approved through the TDM Technical Committee on September 5, 2024. b. List any additional performance targets. Spokane Valley is not using any other performance targets 6 6. List the base value use for each performance target. a. difference between this number and your results to report performance. All worksites in Spokane Valley conducted their CTR survey in the spring of 2024 and the results of the survey will be used as their baseline. Collectively amongst the worksites, the DAR for Spokane Valley is 67.1%. Commute Smart Northwest has established performance targets for each worksite based on their 2024 CTR baseline survey results. The established performance targets for worksites will roll up resulting in a 6% reduction in the DAR for Spokane valley bringing the DAR down to 63.1% if achieved by all worksites. The following is the worksite performance target metric that will be used when worksites survey in 2026. Worksite DAR Performance Target Metric Worksite DAR Baseline Performance Target Reduction 0 - 20% 1% 21 - 39% 3% 40 - 59% 4% 60 - 64% 5% 65 - 68% 6% 69 - 72% 7% 73 - 77% 8% 78 - 84% 9% 85 - 100% 10% Performance targets will be evaluated and may potentially change after reviewing the CTR Survey results in 2026. 5 Source: The plan shall establish the jurisdiction's CTR goals and targets. (WAC 468-63-040(2)(b)) 6 Source: The plan's measurement methodology shall be consistent with the measurement guidelines established by WSDOT and posted on the agency's website. (WAC 468-63-040(2)(c)) 8 7. Describe the method you used to determine the base value for each target. a. Provide the source for each base value listed. All worksites in Spokane Valley conducted their CTR survey in the spring of 2024 and the results will be used as their baseline. 8. Describe how measure progress toward each target. a. List the method use to measure progress for each target. All worksites affected by the CTR Law will conduct their CTR survey in 2026 and again in 2028 to 7 9. -affected worksites. a. List all your CTR-affected sites. Amazon - GEG2 Boeing Employees Credit Union City of Spokane Valley Honeywell Horizon Credit Union Hotstart, Inc. Kaiser Aluminum Washington LLC Keytronic MultiCare Health System - Valley Hospital Multifab, Inc. Numerica Credit Union Servatron, Inc. TTEC Wagstaff, Inc. Washington State Department of Health Washington State Department of Social and Health Services - Trent CSO/CCNE/Region 1 Washington State Employment Security Department Washington State Office of Administrative Hearings 8 10. List a performance target for each CTR-affected worksite. a. For any performance targets tied to the CTR survey, indicate that establish performance targets during the 2023-2025 survey cycle. Commute Smart Northwest will establish worksite performance targets during the 2023-2025 survey cycle. 7 Source: The plan shall also identify the major employer worksites, including affected state agency locations, within the jurisdiction's affected urban growth area and any major employment installations. (WAC 468-63-040(2)(e)) 8 Source: The plan shall describe the base year values and numerical targets for each major employer worksite required to participate in the CTR program. (WAC 468-63-040(2)(b)) 9 11. List the base value use for each site. a. For any performance targets tied to the CTR survey, indicate that establish a base value during the 2023-2025 survey cycle. All worksites in Spokane Valley conducted their CTR survey in the spring of 2024. The results from the 2024 CTR Surveys will be used as their baseline. 10 Services and strategies 9 12. Describe the services and strategies your jurisdiction will use to achieve CTR targets. Commute Smart Northwest (CSNW), a division of Spokane County Public Works will administer the requirements of the CTR Efficiency Act for the city of Spokane Valley through an intergovernmental agreement according to their local CTR Plans and Ordinances. CSNW will develop and implement a set of strategies that will help CTR worksites achieve their goals and performance targets for increasing the use of commute options while reducing vehicle miles traveled and greenhouse gas emissions Identify prospective worksites and notify them of legally required activities. Verify and maintain list of worksites and ETCs. Conduct required ETC Training twice a year for newly appointed ETCs. Provide outreach, consultation and technical assistance for worksite commute programs and employee surveys. Encourage ETCs to attend the Washington State Ridesharing Organization conference and other educational events. Host recognition and networking events. Send encouragement and reminder emails. Work collaboratively with Spokane Transit to provide updates and feedback to CTR employers on all STA projects and service improvements. Work collaboratively to provide updates and feedback to CTR employers on all projects and improvements that impact and encourage walking, bicycling and transit use within the City of Spokane Valley and surrounding area. Develop and implement promotional campaigns that will encourage the use of commute alternatives. Collaborate with local agencies and organizations to enhance and improve CTR promotional efforts, media coverage, CTR events and joint projects to ensure maximum leverage and exposure. Provide promotional materials to promote and encourage transportation options. Spokane Valley will administer their own Guaranteed Ride Home program. Provide education about transit and Public Rideshare programs, incentives, and subsidies. Provide information to encourage employers to offer improved commute benefits. Provide training and technical assistance to employers conducting their CTR surveys every two years and as needed. 10 13. Describe how jurisdiction services and strategies will support CTR-affected employers. 9 Source: The plan shall describe what local services and strategies will be implemented to achieve the plan's goals and targets, and how these services and strategies will support the CTR programs of major employers. Strategies may include, but are not limited to: (i) Modifications of local policies and regulations, including the transportation concurrency system, street design standards, parking, and zoning; (ii) Investments in services and facilities, including transit services, nonmotorized facilities and amenities; and (RCW 70.94.527(5))(iii) Marketing and incentives. Transit agencies shall work with counties, cities and towns as a part of their six-year transit development plan established in RCW 35.58.2795 to take into account the location of major employer worksites when planning and prioritizing transit service changes or the expansion of public transportation services, including rideshare services. (WAC 468-63-040(2)(d)) 10 -63-040(2)(d)) 11 Identifying affected worksites will grow the program and encourage more employees to use commute options. CSNW will be conducting a comprehensive ETC Orientation class twice a year for newly affected ETCs, support ETCs, and/or for seasoned ETCs that want a refresher course. The orientation class gives newly appointed ETCs a foundation to successfully market and promote their CTR Program. CSNW meets annually or as needed with CTR employers to review and discuss their CTR program, review CTR survey results, review employer annual report, strategize improvements to help employers achieve their CTR targets and goals. Require employers to make program improvements and modifications as needed based on survey results. Continually educating ETCs is key to keeping them engaged and motivated to make their program a success. CSNW hosts quarterly ETC networking opportunities to update ETCs on promotions, CTR happenings, transportation related updates, STA and STA Rideshare updates, CTR events and provides ETCs an opportunity to network and learn what other ETCs are doing at their worksites. To increase engagement and participation amongst CTR worksites, CSNW implements a recognition program called Commute Smart Champions. Throughout the year, Employee Transportation Coordinators (ETCs) earn points in three different categories including Performance, Programming and Engagement. Performance points are earned through their CTR Survey results, Programming points are earned through CTR program elements at their worksite including subsidies, bike/walk facilities, offering teleworking/compressed work schedules, CTR Budget, guaranteed ride home, having a CTR committee, etc. and Engagement points are earned through ETC longevity, holding CTR/Rideshare events, attending ETC Networking events, and submitting Champion nominations. Employers can earn a Platinum, Gold, Silver or Bronze Employer Champion Award and will be recognized at the annual Commute Smart Champions gala event in front of elected officials, worksite executives, program managers, peers, partnering agencies and stakeholders. This program spurs competition, provides recognition, and motivates ETCs to continually improve their CTR programs. CSNW develops monthly or quarterly promotions with incentives to help ETCs promote and encourage their employees to use commute options. Posters, prize flyers, pre-written messages, graphics and more are provided to ETCs to market the promotions. CSNW partners with various agencies to provide different messaging to our promotions and outreach efforts. Agencies include, but not limited to, are Spokane Regional Clean Air Agency, Spokane Transit/Spokane Transit Rideshare, Bike to Work Everywhere, Spokane Bike Swap, etc. CTR employers will receive promotional materials to post on their commuting option boards to be used specifically for promoting and encouraging transportation options. Each board displays formation. State agencies are provided a Guaranteed Ride Home program at no cost. One of the biggest ride home because they used a commute options. This program provides the ride home and eliminates the barrier. CSNW maintains all records and bills/reports to the state. Frequently CSNW partners with Spokane Transit and Spokane Transit Rideshare to help promote and educate ETCs on programs, incentives and subsidies they offer. This on-going partnership helps to inform ETCs of their options and encourages ETCs to participate and grow their CTR program. CTR Surveys are conducted every two-years. The data collected is a reflection on how the worksite is making steps towards achieving their CTR performance goals. 12 11 14. Describe barriers your jurisdiction must address to achieve CTR targets. a. Describe how address these barriers. Transit Use: Spokane Valley has good continuing interaction with Spokane Transit (STA) the regional transit provider. As barriers are identified regarding transit routes, stops, and associated concerns Spokane Valley is working with STA to make improvements. The City is also reviewing these barriers and concerns as we plan capital improvement projects and look for grants for these projects. Non-Motorized Access: Spokane Valley will review the barriers and concerns expressed in the CTR surverys. The City will continue to implement our existing related planning documents, such as the Comprehensive Plan, and incorporate non-motorized access into capital improvement projects as possible and look for grants for these projects. Employee Participation in CTR: The City will continue to support those currently using CTR options to reduce the number of those driving along to work. The City is continuing to discuss options such as compressed work weeks and telecommuting to reduce the number of employees driving along to work, as available according to City policy and union agreements. Communication: The City will continue to communicate with employees and community members through existing communication channels, including social media, to encourage the use of CTR options 15. Describe the transportation demand management technologies your jurisdiction plans to use to deliver CTR services and strategies. CommuteFinderNW.com is a free on-line commute alternative matching service powered by Spokane Transit in coordination with Commute Smart Northwest. It provides employees with immediate results of others who are interested in carpooling, joining an STA Rideshare (formerly van not a match they can get bus route and park and ride information. ETCs can manage their worksite information and can download employee commute info to see if carpools or STA Rideshares can be formed with their employees. GIS Maps, mapping where employees live with a dot on a map, are provided free of charge to worksites and can help ETCs see approximately where employees live to help assist in forming carpools and STA Rideshares. It also shows a 1-mile, 3-mile and 5-mile radius where employees live from the worksite. This assists ETCs in encouraging people that live close to the worksite to walk to work and to encourage employees that live 3 to 5-miles from the worksite to bicycle to work. 11 Source: The plan shall evaluate the existing barriers to the success of the CTR program and identify how the jurisdiction and its partners can overcome these barriers. (WAC 468-63-040(2)(a)) 13 CommuteSmartNW.org has a plethora of information on commuting and commute options. It has detailed information about our monthly campaigns and prizes given away each month for employees that participate by using a commute option to work. It also houses our commute calendaring platform where employees can sign up and log how they got to work each day and is linked to the ETCs worksite. By logging their participation on their commute calendar, employees are automatically entered into the prize drawings once they reach the days required to participate to be eligible. On the backend, ETCs have the ability to see all of their worksite and employee data. They can see who is participating, what mode they are using and can also pull data/run reports. This provides an ongoing management tool to ETCs for their Commute Smart program. CTR Survey Tool is provided online by WSDOT and hosts the platform for conducting the bi-annual CTR Surveys. CSNW and ETCs have administrative access and can run reports on CTR Survey results. It also provides a platform for ETCs to submit their employer annual report. 12 16. Transcribe or link to your local CTR ordinance. The CTR Ordinance is attached and can also be found on CommuteSmartNW.org with this link, https://commutesmartnw.org/documents/SPOKANE-COUNTY-ORD-2010.pdf 12 Source: The plan shall describe the requirements for major employers that will be outlined in the local ordinance. (WAC 468-63-040(2)(e)) 14 13 17. Describe your financial plan. a. Describe the estimated average annualcosts of your plan. The CTR program in the City of Spokane Valley is administered by Spokane Count Northwest office through an inter-local agreement. State funding is allocated and based on the approved state budget and on how many affected worksites are in the City of Spokane Valley. State funding for CTR implementation in Spokane County $ 325,500 Spokane Valleyallocation with 18 affected worksites $ 60,665 2023 2025 and 2025-2027 Regional Mobility Grant $ 106,339 Commuter Revitalization Project, provides incentives to participants 2024 2026 CMAQ Grant $ 330,641 Downtown TDM & CTR Education & Outreach Project b. Describe likely funding sources, public and private, to implement your plan. State funding and the Regional Mobility grant are provided through WSDOT. The CMAQ grant is federal funds. 14 18. Describe your implementation structure. a. Describe who will conduct the activities listed in your plan. b. Indicate who will monitor progress on your plan. List job title, department, and name. manage and monitor the overall CTR plan. 15 19. List your implementation schedule. a. Provide the timeline for anticipated projects. stnd 1 Biennium, July 2025 June 2027 2 Biennium, July 2025 June 2027 Actions Identify, monitor and manage affected CTR Identify, monitor and manage affected CTR worksites and Employee Transportation worksites and Employee Transportation Coordinators. Coordinators. Provide required training to newly appointed Provide required training to newly appointed ETCs twice a year. ETCs twice a year. 13 Source: The plan shall describe the funding revenues from public and private sources that are reasonably expected to be available, as well as the expected costs, to implement the plan and achieve its goals and targets. (WAC 468-63-040(2)(g)) 14 Source: The plan shall describe how the various strategies identified in the CTR plan will be implemented, either by the local jurisdiction, its partners, or -63-040(2)(h)) 15 -63-040(2)(h)) 15 Review employer annual reports and provide Review employer annual reports and provide feedback for program improvements as feedback for program improvements as needed. needed. Provide training and technical assistance to Provide training and technical assistance to worksites for conducting their CTR Survey worksites for conducting their CTR Survey every two years. every two years. Provide ETC networking events. Provide ETC networking events. Develop and implement promotional Develop and implement promotional campaigns that will encourage the use of campaigns that will encourage the use of commute options. commute options. Administer Guaranteed Ride Home program Administer Guaranteed Ride Home program for state agencies. for state agencies. Manage and facility Commute Smart Manage and facility Commute Smart Champions recognition program. Champions recognition program. Conduct financial and program management. Conduct financial and program management. Collaborate with stakeholders to enhance Collaborate with stakeholders to enhance and and strengthen TDM strategies and CTR strengthen TDM strategies and CTR program. program. Facilitate development activities for 2029- 2033 CTR Plans. 16 20. Describe the CTR plan for jurisdiction employees. a. Describe the services, programs, information, and other actions your city or county put in place to help its employees reduce their drive alone commute trips. City of Spokane Valley has a CTR coordinator that performs the following activities storage facilities inside of City Hall Work every year with Commute Smart Northwest with our employer annual report Distribute information to all newly hired employees regarding the Commute Smart program 16 Source: The plan shall also describe the program that the local jurisdiction will offer to its employees. (WAC 468-63-040(2)(e)) 16 Promote monthly campaigns with rewards to encourage employees to use commute options other than diving alone to work. 17 21. Describe how the CTR plan for jurisdiction employees contributes to the success of the overall plan. a. Describe how the plan for jurisdiction employees reinforces the success of the jurisdiction plan? The Commute Smart program at the City of the Valley helps to accomplish the jurisdiction plan by focusing on the goals of the CTR program, which is to reduce the number of drive alone trips. This is accomplished by encouraging employees to use commute options, reminding them to record their commute options each day, promoting and encouraging multi modal options, and implement an award program for participants. 17 Source: The plan shall also describe the program that the local jurisdiction will offer to its employees and how this contributes to the success of the overall plan. (WAC 468-63-040(2)(e)) 17 Alignment with plans 22. List the transit agencies that provide service in your jurisdiction. Spokane Transit Authority (STA) is the sole transit provider for our jurisdiction and the region 23. List the transit plans you reviewed while developing this plan. 2025 to 2030 Transit Development Plan, Connect Spokane 24. Describe how this CTR plan supports the transit plans. The City of Spokane Valley CTR plan supports the STA transit development plan by aligning our message to safety of using transit rather than drive along options. By promoting transit usage our CTR plan builds trust in STA and focuses 18 25. Describe any comprehensive plan updates that are needed and when they will be made. No amendments are needed to the comprehensive plan to be consistent with the CTR plan. The City will be updating its comprehensive plan consistent with state mandated requirement in RCW 36.70A.130. 18 Source: The local jurisdiction shall review the local comprehensive plan to ensure that it is consistent with the local CTR plan. If the local jurisdiction determines that the local comprehensive plan needs to be updated or amended to be consistent with the local CTR plan, the local jurisdiction shall identify in the local CTR plan what changes may be needed and when the changes will be made. (WAC 468-63-040(1)(c)) 18 Engagement 19 26. Describe stakeholder engagement. THE ANSWERS TO THE FOLLOWING QUESTIONS, 26, 27, and 28 ARE ANSWERED BELOW, The City of Spokane Valley used existing social media and communication methods such as the social media communication. Additionally, the Spokane Valley City Council has had CTR items on their agenda which allows for public input. The City has also communication materials made available by SRTC and CSNW to make the community aware which are discussed below. a. Who did you talk to? house, participation in public events, and inter-agency coordination surrounding public engagement. Jurisdictions were encouraged to share their public engagement opportunities and events through the SRTC shared Google Drive for CTR to avoid survey/engagement fatigue amongst the communities of our region. The shared Google Drive also served as a list of potential opportunities for collaboration amongst participating agencies, which led to several successful joint events. -up fliers at six different community centers, participated in a variety of events where CTR outreach was a primary focus, and launched a region wide public survey to gather feedback information related to CTR at public events throughout the whole region. Community Assembly PeTT (Pedestrians, Traffic, and Transportation) Committee. SRTC also provided information at public meetings to each of its advisory committees and its Board of Directors. 19 Sources: The plan shall be developed in consultation with local transit agencies, the applicable regional transportation planning organization, major employers, and other interested parties. (RCW 70A.15.4020(4)) The local jurisdiction shall invite, as appropriate, representatives of major employers, local transit agencies, the applicable RTPO, business associations and economic development organizations, nonprofit transportation and land use advocacy organizations, pedestrian and bicycle advocacy organizations, public health agencies, tribal governments, and residents, employees and businesses that will be affected by the CTR plan to participate in the development of the local CTR plan. The state intends for the invited partners to work collaboratively with the local jurisdiction by providing data and plans and discussing opportunities, including new and reprioritized investments and policy changes, to reduce drive-alone commute trips in the jurisdiction and increase transportation access to affected major employer worksites. (WAC 468-63-040(1)(b)(i)) The plan shall include documentation from the local jurisdiction that verifies consultation with employers, transit agencies and others to develop the plan. (WAC 468-63-040(2)(f)) 19 . Those responses are all applicable to the general approach to CTR and with the diversity of where people live and where they work, all of the responses have impact as many who work in the Valley do not live in the Valley. regionwide survey received input from citizens who live or work in 29 zip-codes across Spokane County, additionally, 3 Idaho zip-codes contributed to the survey. b. When did you talk to them? SRTC, along with Commute Smart Northwest, began designing regionwide CTR outreach materials in March. The outreach campaign started on March 28th at an STA Open House event in Airway Heights and ran through September 10th at 4pm when the survey stopped accepting responses. The public was engaged in person at least once per month during that period, and social media posts were shared by multiple agencies throughout the process. Agency Date Event Type Performing CTR Outreach SRTC 3/28/2024 Public Event: STA Open House - Airway Heights Library SRTC 4/9/2024 Public Event: STA Open House - STA Plaza SRTC 4/20/2024 Public Event: Spokane Bike Swap SRTC 5/11/2024 Public Event: Asian Native Hawaiian Pacific Islander Heritage Festival at Riverfront Park CSNW 5/17/2024 University and College Student Outreach (Spokane Falls Community College, Spokane Community College, Whitworth University, Gonzaga University, Eastern Washington University) SRTC 6/1/2024 Public Event: Felts Field Neighbor Day SRTC 6/10/2024 Public Event: Spokane Transit Authority Transit Development Plan Open House SRTC 6/15/2024 Public Event: Juneteenth Celebration 6/18/2024 Public Event: Summer Parkways City of Spokane, SRTC SRTC 6/19/2024 Flyer Distribution: Spokane Public Libraries 20 SRTC6/19/2024Flyer Distribution (Variety of locations) SRTC 6/22/2024 Public Event: Liberty Lake Farmers Market CSNW 6/25/2024 Presentation to Neighborhood Community Assembly Pedestrian, Traffic, and Transportation Committee - City of Spokane SRTC 7/15/2024 Email blast: APA Washington Inland Empire Section SRTC 7/15/2024 Flyer Distribution (Variety of locations) SRTC 8/6/2024 Email blast to City of Spokane neighborhood councils, community centers, cultural groups, tribes, WSDOT, Spokane Regional Health District, and other stakeholders around the region. Emails included a promotion of and invitation to the virtual open house. SRTC, CSNW 8/8/2024 Public Event: STA Plaza Kiosk City of Spokane, 8/17/2024 Public Event: Unity in the Community SRTC SRTC, CSNW 8/21/2024 CTR Virtual Open House Airway Heights 8/23/2024 Public Event: HOA BBQ media posts were made by SRTC and its partner agencies. A list of social media posts and their contents are included in the table below: Agency Posting Date Platform Content Posted CTR Outreach SRTC 5/29/2024 NextDoor CTR general information and survey link SRTC 5/30/2024 Facebook CTR general information and survey link SRTC 5/30/2024 X CTR general information and survey link SRTC 5/30/2024 LinkedIn CTR general information and survey link SRTC 5/30/2024 Instagram CTR general information and survey link Constant Contact City of Spokane 7/11/2024 Monthly Housing CTR general information and survey link Newsletter CTR general information and survey link, SRTC 7/3/2024 X including Spanish language CTR general information and survey link, SRTC 7/3/2024 LinkedIn including Spanish language 21 CTR general information and survey link, SRTC7/3/2024Instagram including Spanish language CTR general information and survey link, SRTC 7/3/2024 Facebook including Spanish language CTR general information and survey link, SRTC 7/2/2024 NextDoor including Spanish language Outreach & promotion for CTR Virtual SRTC 7/18/2024 X Open House Outreach & promotion for CTR Virtual SRTC 7/18/2024 LinkedIn Open House Outreach & promotion for CTR Virtual SRTC 7/18/2024 Instagram Open House Outreach & promotion for CTR Virtual SRTC 7/18/2024 Facebook Open House Outreach & promotion for CTR Virtual SRTC 7/18/2024 NextDoor Open House Spokane Journal Morning Edition for 7/23/2024 CTR Survey of Business Tuesday, July 23 SRTC 7/24/2024 Facebook CTR Survey, reminder to participate SRTC 7/24/2024 LinkedIn CTR Survey, reminder to participate SRTC 7/24/2024 X CTR Survey, reminder to participate Shared SRTC's posts from July 18th on all City of Spokane 8/5/2024 Facebook, X social platforms Liberty Lake 8/21/2024 Facebook CTR Survey, reminder to participate SRTC 8/21/2024 Facebook CTR Virtual Open House reminder SRTC 8/21/2024 X CTR Virtual Open House Reminder SRTC 8/21/2024 LinkedIn CTR Virtual Open House Reminder Parks and Rec. Cheney 8/22/2024 CTR Survey, reminder to participate Facebook c. What did they have to say? o The most selected mode for the survey question that asked respondents to indicate their daily commuting choices was driving alone. For each traditional workday (M-F), approximately half of all respondents indicated that they drive alone. Transit and 22 teleworking were the second and third highest choice respectively, Monday through Friday. o Most respondents indicated they do not work Saturday and Sunday. However, among respondents who do work Saturdays and Sundays, driving alone was the most selected response. Transit and walking were the second and third highest choice respectively on both Saturday and Sunday. o 78.05% of all respondents indicated that they work full-time (32 or more hours per week). o 65.85% of all respondents indicated that they work a traditional five 8-hour day work schedule. o When respondents were asked why they use alternative commuting options, they were given a list of reasons and could choose as many as applied. Out of the total responses to the survey question, two stood out: 18.70% of total responses indicated that they use commute options to save money, while 19.60% indicated that they use commute alternatives for environmental and community benefits. The survey question also are summarized below. o When respondents were asked about their barriers to utilizing commute alternatives (and reducing drive alone trips), they were given a list of reasons and could choose as many as applied. Out of the total responses to the survey question, two stood out: 16.93% of respondent answers indicated that riding the bus is either inconvenient or takes too long, while 14.49% said that they liked the convenience of having their car with them. The Public comments are summarized below. o An additional general public comment box (optional) was included at the end of the survey. Public comments are summarized below. o The exact numbers, including all options available for each question and all comments, are included in the full public survey output data available (as an excel file) to the State upon request. and themes are discussed below: o Bus Route Frequency/Efficiency 23 - Numerous respondents commented that they would be more interested in using transit as a commute option if the bus routes were more frequent and more direct to the location they were going. While other citizens commented that the bus commute option responded with requests for more frequency and efficiency. o Transit Cost - Respondents often called for reduced fares or entirely free bus trips. o Active Transportation Safety & Connectivity - This not only makes using these travel modes difficult for commuting, but also unsafe. Other comments voiced demand for safe and reliable places to park bicycles. Improvements to bike lanes, sidewalks, and trails were key points amongst many comments. Driver behavior was mentioned as a significant concern as well. o Transit Availability - Respondents requested extended transit services to peripheral regions throughout the county, particularly North Spokane, Otis Orchards, and the West Plains. o Pedestrian Safety - Respondents described unsafe driver behavior, which makes walking feel like an unsafe option for commuting. o Transit Connection between North Idaho and Spokane - Respondents indicated that they have no reasonable transit options between North Idaho and Spokane. o Metro & Light Rail - Respondents wrote that they would be open to a light rail or metro option for their commutes if it was a possibility. o Bus Safety - Respondents expressed concern about safety on public transit, citing other o Great Transit System - how it is reliable and meets their needs. Several respondents indicated that STA is their only or primary avenue of travel. 24 o Expansion of Teleworking - Respondents indicated that their employers should lean more into teleworking options to reduce roadway congestion and increase employee happiness. o Bus Stop Improvements - A respondent wrote that bus stops do not have enough protection from the elements which causes lower ridership. o Bicyclist Behavior - One respondent suggested that bicyclist behavior is dangerous for vehicular traffic on major roadways. o Roadway Expansion - Respondents requested lane expansion and roadway improvements because the existing infrastructure cannot support the recent population growth in the region. o Motorcycle Travel - One respondent indicated that they would prefer that motorcycle travel be better considered in the Commute Trip Reduction Program. d. How did what they said influence the plan? all participating local agencies as well as Spokane Transit Authority. 27. Describe vulnerable populations considered. The answer to this question is found in Question 26, ALL populations were included in the communication efforts. -led multi-agency regionwide outreach effort, the following groups and communities were specifically considered: o Racial and Ethnic Minorities: - Of the 549,690 total residents approximately 82.9% are white / non-Hispanic. Approximately 17.1% of the of residents identified as mixed-race, nonwhite, or Hispanic. (American Community Survey 2022 1-Year Estimates) o Low Income - Poverty can be a barrier to efficient transportation. - Of the population for whom poverty status is determined, approximately 12.3% 25 live below the official poverty level. For the population ages 18-34, approximately 16.8% live below the poverty level (American Community Survey 2022 5-Year Estimates). Approximately 27.5% of the population for whom poverty status is determined have incomes below 200% the federal poverty level. (ACS 2022 5-Year Estimates). - In 2022, the median household income in Spokane County was $69,070, significantly lower than the Washington state and national averages of $91,306 and $74,755, respectively (2022 ACS 1-Year Estimate). o National Origin and Limited English Proficiency: - speaks a language other than English at home. That value includes approximately 36,763 individuals. Approximately 2.6% of the population ages 5 years and older individuals (ACS 2022 5-Year Estimates). - Spanish, Russian, Ukrainian, and Vietnamese are the most prevalent spoken languages in Spokane county other than English. - The 2022 American Community Survey 5-Year Estimates indicate that approximately 3.1% of Spokane County Households are Spanish-speaking. Approximately 3% of Spokane County households speak another (non-English) Indo-European language. - Data from the 2019 American Community Survey indicates more detail: speaking. of Spokane County households. and Slavic-language-speaking households are considered statistically equivalent. 26 o While developing the regionwide public survey for the CTR Plan update in destinations as part of the survey questions. Because it is invasive to ask for specific locations, and because survey respondents seldom know their local census tracts, ZIP codes were used to record generalized origins and destinations. o As a result of this, the below information on engagement with vulnerable communities is based on the census tracts that participate in ZIP codes, as well as the in-person lived experience engaging people (for example, at events) as part of the outreach process. 28. Describe engagement focused on vulnerable populations. THE ANSWERS TO THE FOLLOWING QUESTIONS ARE ANSWERED BELOW, The City of Spokane Valley used existing social media and communication methods such as the social media communication. Additionally, the Spokane Valley City Council has had CTR items on their agenda which allows for public input. The City has also communication materials made available by SRTC and CSNW to make the community aware which are discussed below. a. Who did you talk to? -income communities: Lower income communities are well distributed throughout the Spokane Region. CTR content was promoted, and public engagement was encouraged, throughout communities that host a high proportion of low-income residents. The City of Airway Heights, much of the City of Cheney, East Central Spokane, parts of North Central and Northeastern Spokane, and part of North Spokane Valley all score at least a 9 (out of 10) for Disparities (EHD) Map. Numerous other census tracts throughout the region score either 7 or 8. The regionwide public outreach effort included substantial outreach in lower income communities. The CTR Plan update was discussed, and public engagement was encouraged at a variety of public events held in and adjacent to lower income areas. These events included: o Multiple events at the downtown Spokane Transit Plaza o Juneteenth at the Martin Luther King Jr. Community Center in East Central Spokane o Airway Heights Day and the HOA Barbeque in Airway Heights o STA Open House at the Airway Heights Library 27 o ANHPI Heritage Day and Unity in the Community in downtown Spokane o Spokane Bike Swap at the Spokane County Fairgrounds low-income residents. Spokane County Library District and Spokane Public Libraries both posted fliers at each of their locations that informed readers about CTR and asked them to participate in our regionwide survey. were also specifically engaged, including general outreach, CTR public surveys, and invitations to the CTR virtual open house. Informational fliers that directed members of the public to the public survey were distributed at numerous sites in lower income census tracts, including community centers, grocery stores and other businesses, libraries, and recreation centers. University and college students, another important lower income cohort in the Spokane region, were specifically engaged through university outreach performed by Commute Smart Northwest. second most widely spoken language in Washington state (behind English), and it is also the second most widely spoken language in Spokane County. Latinos en Spokane was contacted via phone and email. SRTC also contacted Mujeres in Action (MiA) Spokane and AHANA (Asian, Hispanic, African, and Native American Multi-Ethnic Business Association) via email. Throughout the CTR outreach and public engagement process, SRTC made an effort to engage participated at Latinos en Spokane's El Mercadito market with a professional Spanish interpreter. Spanish language fliers and a Spanish language CTR survey vetted by Spanish-speaking staff with Ardurra were provided for distribution alongside English materials. Fliers were posted at locations in areas with a significant number of Spanish language speakers, such as downtown Spokane and Airway Heights. Spanish language CTR content was posted to SRTC social media accounts. SRTC also reached out to AHANA (Asian, Hispanic, African, and Native American Multi-Ethnic Business Association), Latinos en Spokane and Mujeres in Action to invite community representatives to the CTR virtual open house, which was held on August 21. The City of Airway Heights is also home to a significant number of Spanish-speakers, and CTR public outreach was conducted at two public events in Airway Heights. SRTC also reached out to organizations that work with refugees, including refugees from Latin America, such as Thrive International, International Rescue Committee (IRC), and World Relief. 28 posted at locations in areas with a significant number of Slavic language speakers, such as the Northeast Community Center and Hillyard Public Library. SRTC also contacted the Spokane Slavic Association to invite community representatives to attend the CTR virtual open house, held on August 21. Spokane Tribes via email to discuss Commute Trip Reduction planning and programming. The (Asian, Hispanic, African, and Native American Multi-Ethnic Business Association), the American Indian Community Center in Spokane, and The Native Project to spread the word about the opportunity to provide public input related to CTR and to invite community members to the CTR virtual open house. Fliers were posted at locations that serve members of Spokane Heights. Native Hawaiian, Pacific Islander (ANHPI) Heritage Day event at Riverfront Park on May 11. Asians for Collective Liberation (ACL) and AHANA (Asian, Hispanic, African, and Native American Multi-Ethnic Business Association) were also contacted via email. Fliers were distributed at locations that serve adjacent communities where >5% of residents are Vietnamese speakers, such as the Thor/Freya Fred Meyer and Martin Luther King Jr. Community Center in East Central Spokane. SRTC participated in the Juneteenth Celebration at the Martin Luther King Jr. Community Center, located in a neighborhood with >5% Vietnamese speakers. SRTC also contacted ACL and AHANA to invite community members to the CTR virtual open house, held on August 21. Additionally, SRTC reached out to organizations that work with refugees, such as Thrive International, International Rescue Committee (IRC), and World Relief. the Juneteenth celebration at the Martin Luther King Community Center in East Central Spokane. Over the summer, additional public outreach materials were distributed at the Martin Luther King Community Center, including fliers and surveys. SRTC reached out to the Carl Maxey Center by phone and email. SRTC also reached out to both community centers to invite participants to the CTR virtual open house. SRTC reached out to the Spokane NAACP via email. The census tract including the City of Airway Heights as well as the adjacent Fairchild Air Force Base also host some of the largest percentage of minority residents in the entire Spokane region. Outreach 29 activities in Airway Heights are described in greater detail above but include both public events and distribution of fliers and surveys. population those too young or too old to hold a full-time job. Age dependent residents are well distributed throughout the Spokane Region. CTR content was promoted, and public engagement was encouraged, throughout communities that host a high proportion of age dependent residents. As part of the regionwide outreach campaign, SRTC connected with the Southside Community Center, a senior center in the city of Spokane, and distributed fliers and directions to access our public survey. Fliers and CTR materials were also distributed at other community centers around the region that provide resources for seniors. Additionally, SRTC participated in public events in census tracts with a high proportion of age dependent residents, such as the Liberty Lake Farmers Market and Spokane Summer Parkways. Though most college and university students are old enough to not count as age dependent, many are also transitioning to full-time work. University and college students were specifically engaged through outreach to local colleges and universities performed by Commute Smart Northwest. -mobility population: As part of its indicators of potential disadvantage (IPDs), SRTC tracks and maps the distribution of households without access to vehicles. Whether due to economic circumstances or by choice, many households in the greater Spokane region have no downtown and lower north side. There is also a concentration of homes without vehicle access in far north and northeastern Spokane. The regionwide outreach effort included public events in census tracts with a high proportion of carless households, including multiple events at the downtown Spokane Transit Plaza, Juneteenth at the Martin Luther King Jr. Community Center, ANHPI Heritage Day, and Unity in the Community. SRTC also promoted CTR and engaged the public at the Spokane Bike Swap, an event targeted towards cyclists and other users of active transportation. SRTC also maps the population living with disabilities. Residents with disabilities are well distributed throughout the Spokane Region. Areas with especially high concentrations include downtown Spokane, parts of Central and East Central Spokane, Northeast Spokane, Airway Heights and the rural West Plains. As part of the regionwide CTR outreach effort, SRTC staffed a table at numerous accessible public events hosted by federal aid recipients, such as the Spokane Bike Swap and STA Open Houses. SRTC and local agencies also engaged the public regarding 30 CTR at events in census tracts with a high proportion of residents living with disability. These include Juneteenth at the Martin Luther King Jr. Community Center, ANHPI Heritage Day, Unity in the Community, and more. A full schedule of SRTC outreach activities is included above. b. When did you talk to them? began in March and ran through the first week of September. question 26. question 28a. c. What did they have to say? Please see the above note (question 27) regarding the use of ZIP code data and outreach to vulnerable populations using the public survey. road signage for bicycles. -English, age-dependent, low- income, minority, and low-vehicle ownership communities called for increased frequency and expansion of bus routes to allow for a more economical and environmentally friendly commute. As part of these comments, light-rail was identified as a solution by a handful of respondents. -income and minority communities identified childcare as a concern when using transit options. Respondents also indicated a vehicle is needed in case of emergencies. Similar concerns were shared about using low-frequency transit routes with children. -income communities identified that there is a lack of safe bicycle routes in their neighborhoods and/or along their commute routes. -English proficiency communities commented that they prefer using transit to not have to deal with vehicle traffic. concentrations of more than one vulnerability metric identified cost as a barrier to using the transit system. Many respondents called for free or reduced fares on the buses. 31 concentrations of more than one vulnerability metric indicated that STA is their only way of getting around, and that they do not own a vehicle. (Note: These responses primarily came from City of Spokane ZIP Codes.) (while this is not a City of Spokane Valley zip code the responses are applicable as they may include those who work or otherwise do business in the City of Spokane Valley) includes census tracts with elevated concentrations of low-vehicle ownership households and people with disabilities. The area also includes elevated concentrations of low-income, age-dependent, limited- English proficiency, and racial or ethnic minority communities. Survey respondents from the 99202 ZIP code provided the following comments: o A respondent requested roadway improvements and expansion to accommodate higher vehicle traffic. They claimed that pushing the population to transit and active transportation does not make sense for a city the size of Spokane. o Respondents requested a more built-out bicycle and active transportation network which connects them to downtown and the West Plains region. o Respondents identified a lack of nearby transit stops, making the bus a more difficult and less accessible commute mode. o Respondents requested more direct and frequent transit routes. o Respondents identified childcare as a barrier to using alternative commute options. (while this is not a City of Spokane Valley zip code the responses are applicable as they may include those who work or otherwise do business in the City of Spokane Valley) includes multiple census tracts with elevated concentrations of households with low-vehicle ownership, people with low-incomes, and people with disabilities. The area also includes tracts with elevated concentrations of people with limited-English proficiency as well as racial and ethnic minorities. Survey respondents from the 99207 ZIP code provided the following comments: o Respondents requested more frequent and direct bus routes. o A respondent indicated that they would bike to work if bike trails/paths were improved. o Respondents indicated that they would be more inclined to use transit if the buses themselves were cleaner, free of bugs, and safer (from other passengers whose demeanor was deemed threatening). o A respondent commented that they cannot use transit due to varying work locations and hours. o Respondents indicated that the active transportation network has gaps which make it 32 difficult to walk safely as a commute option. d. How did what they said influence the plan? -border and regionwide transportation barriers, including barriers related to commute alternatives. and as such is cited as useful strategy. alternatives. These are detailed above but include childcare and ADA accessibility. to the transit system. SRTC's metropolitan transportation plan update, Horizon 2050, to be completed in 2025. survey data and comments received throughout the public engagement process were shared by SRTC and Commute Smart Northwest as well as participating local agencies and Spokane Transit. 20 29. effective. Supplemental questions were asked in the CTR Survey with nearly 2,500 responses. The following were commonalities that would help encourage employees to use commute options: Increase opportunities to telework Providing flexible schedules Providing a guaranteed ride home for emergencies when using a commute option Provide bus/vanpool subsidies Employer shuttle access Better bus service with more frequent bus routes Incentives for carpooling, bicycling and walking Ridematching assistance/help finding a carpool partner or joining a vanpool Secure bike parking, showers and lockers Dedicated parking for carpools and vanpools Safe and secure pathways to worksite for bikers and walkers Safety is an issue for walking and biking Increased transit options between Liberty Lake and Valley Transit Center Use of a company car when you have meetings or appointments 20 Source: The state intends for the plan to be a mechanism through which employers can describe what policy changes, services and support they need to make their CTR programs more effective. (WAC 468-63-040(2)(a)) 33 Bike lanes away from main roads/protected bike lanes Safer bike routes between home and work More direct bus routes Upon request, Commute Smart Northwest can provide a spreadsheet with a complete list of questions and answers from each CTR affected employer in Spokane Valley. 30. Describe results of engagement focused on vulnerable populations that will be provided for use in comprehensive plan and transit plan updates. The results collected by SRTC that share the comments from vulnerable populations will be shared with the Valley Planning staff and also Traffic Engineering staff. This information will be considered in future Comprehensive Plan updates. The Valley does not have a transit plan update process, that is incumbent on STA. However, the Valley will work with STA as these results collected by SRTC will certainly be a part of future discussions regarding transit service and infrastructure improvements that will involve the Valley. 34 Regional transportation planning organization CTR plan review RTPO comments other regional planning documents. 35 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 25-___ AN ORDINANCEOF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTONAMENDING SPOKANE VALLEY MUNICIPAL CODE CHAPTER 10.20TO ADOPT AN UPDATEDCITY OF SPOKANE VALLEY COMMUTE TRIP REDUCTION PLAN AND; ANDOTHER MATTERS RELATING THERETO. WHEREAS,the City has the duty and authority to maintain and protect the health, safety and welfare of its citizens; and WHEREAS,RCW 70.94.524-.551 establishes the requirements that certain counties and cities must comply with to reduce commute trips in an effort to improve transportation system efficiency, conserveenergy and improve air quality; and WHEREAS,Spokane Valley is a jurisdiction required under RCW 70.94.527(1) to adoptand maintaina commute trip reduction ordinance and a plandesigned to reduce commute trips; and WHEREAS,Spokane Valley previously adopted SVMC 10.20 to comply with state-mandated requirements regarding Commute Trip Reduction; and WHEREAS,The Washington State legislature passed the Commute Trip Reduction Efficiency Act in 2006, requiring local governments in those counties experiencing the greatest automobile-related air pollution and traffic to periodically amend their required Commute Trip Reduction plans; and WHEREAS,The City of Spokane Valley has coordinated with Spokane County and other area jurisdictions to develop a new Commute Trip Reduction Plan; and WHEREAS,the new Commute Trip Reduction Plan isconsistent with the City’s Comprehensive Plan and has been approved by the Spokane Regional Transportation Council and the Washington Commute Trip Reduction Board; and WHEREAS, The City of Spokane Valley desires to amend SVMC 10.20 in order to adopt the new Commute Trip Reduction Plan. NOW, THEREFORE,the City Council of the City of Spokane Valley, Washington, ordainsas follows: Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to comply with the requirements of RCW 70.94 regarding reduction of commute trips. Section 2.City CTR Plan. SVMC 10.20.230 is hereby repealed and replaced with the following: 10.20.230 CityCTR Plan. The current CityCTR Plan is set forth in Appendix E to the Spokane Valley Municipal Code. As used in Chapter 10.20 SVMC, the terms “City CTR Plan,” “Spokane Valley’s CTR Plan,” and/or “CTR Plan” are synonymous and refer toAppendix E. Ordinance 25-XXXCommute Trip Reduction Page 1of 2 Section 3.Appendix E. A new Appendix E to the Spokane Valley Municipal Code is hereby created, which shall be the City CTR Plan. The substance of Appendix E is attached hereto as Attachment Aand is incorporated herein in its entirety. Section 4.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 5.Effective Date. This Ordinance shall be in full force and effect five days after publication of the ordinance, or a summary thereof, occurs in the official newspaper of the Cityas provided by law. PASSED by the CityCouncil this______day of__________, 2025. ________________________________________ Mayor Pam Haley ATTEST: Marci Patterson, City Clerk Approved as to Form: Office of the CityAttorney Date of Publication: Effective Date:________________________ Ordinance 25-XXXCommute Trip Reduction Page 2of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 1, 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: Aquifer Protection Area – Report GOVERNING LEGISLATION: SVMC Chapter 3.80 – Storm and Surface Water Utility and SVMC Chapter 22.150 – Stormwater Management Regulations, RCW 36.36 PREVIOUS COUNCIL ACTION TAKEN: July 27, 2004 – Motion passed to enter into Interlocal Agreement (ILA 04-023) with Spokane County regarding the uses and allocation of aquifer protection area revenues, effective Jan. 1, 2006, and expiring Dec. 31, 2025. June 8, 2004 – City Council passed Resolution 04-016 approving the inclusion of the City in the Spokane County Aquifer Protection Area for the entirety of years 2006-2025. BACKGROUND: The Spokane Valley-Rathdrum Prairie Aquifer The Spokane Valley-Rathdrum Prairie Aquifer is an underground water-bearing rock formation resulting from the rapid draining of Glacial Lake Missoula when ice dams broke. The aquifer encompasses about 370 square miles in Washington and Idaho and has an estimated total volume of 10 trillion gallons of water. The aquifer serves as a sole source of drinking water for many people in Spokane and Kootenai Counties, including the City of Spokane Valley. The Aquifer Protection Area (APA) Spokane County has partnered with Spokane Regional Health District (SRHD) for ongoing aquifer quality monitoring since 1977. In 1985 and 2004, Spokane County voters approved the formation of, and continuation of, the Aquifer Protection Area (APA). The APA includes a voter- approved fee remitted to participating local governments to generate revenues expended on efforts that are designed to protect the aquifer. The cities of Liberty Lake, Millwood and Spokane Valley’s participate in the current APA via Interlocal Agreement (ILA) with Spokane County. Approx. 47% of current APA customers are in Spokane Valley. The current APA fee expires on December 31, 2025. Spokane County is considering a 2025 ballot measure to renew the APA for another 20-year term, 2026 through 2045. Spokane County Public Works Water Resources Division staff are seeking input from regional stakeholders to gauge interest in such a measure. Staff will discuss with City Council the potential for future participation with Spokane County on an APA for years 2026 to 2045. Spokane County’s APA Efforts within Spokane Valley The APA generates approximately $1.5 million each year countywide. Within Spokane Valley, approximately $700,000 is generated each year. Per the current ILA, approximately $500,000 of these funds are returned to Spokane Valley for water quality improvements most typically applied through capital projects. Spokane County retains approximately $200,000 for program implementation, which includes the following services: Aquifer and Groundwater Monitoring (Approx. 15%) The aquifer monitoring program is voluntary and reinforces the mandated reporting requirements of the various water purveyors in the region. Further, monitoring looks at contaminants required by the WA Dept. of Health (DOH), as well as those outside DOH requirements, and considers long term trends in the water quality of the aquifer. The APA led the way in funding the earlier Septic Tank Elimination Program (STEP) that expanded sewer services into Spokane Valley, reducingand stabilizingthe amount of nitrates traveling from homes’ septic tanks and into the groundwater. Regionwide there are 51 monitoring locations with 20 years of data. In Spokane Valley, there are 13 monitoring wells, nine purveyor wells, and one natural spring, all used to monitor water quality of the aquifer. Efforts prioritize the regional impacts of the aquifer’s overall quality rather than the local impacts realized by each unique water purveyor. Education and Outreach (E&O) (Approx. 60%) Spokane County conducts regional outreach programs through the school districts. The City has relied on this education effort, in part, to satisfy the E&O requirement of the City’s Eastern WA Phase II Municipal Stormwater Permit authorized by WA Dept. of Ecology. Additionally, two water resource centers operated by Spokane County offer hands-on opportunities for people to learn about the impacts that the aquifer has on our region: Spokane County Water Resource Center and the Dorris Morrison Early Learning Center. Since 2010, Spokane County has interacted with approximately 56,000 students, 60% of which are from West, Central, and East Valley School Districts. Program Administrative Costs (Approx. 25%) An approximate percentage breakdown of the program administrative costs include: Salaries/benefits for education and monitoring (64%), salaries/benefits for administration (14%) monitoring supplies and expenses, lab fees (3%), education supplies and expenses (4%), other operational costs, training, IT, and admin (15%). Spokane County staff have indicated that the City of Spokane has expressed interest in participating in the APA. Spokane County has also indicated that they are planning to place the APA ballot measure on the August 5, 2025 election. In light of the potential change of adding the City of Spokane and as a means of understanding how funding would be allocated if Spokane Valley participated, staff have been working with Spokane County staff on a draft interlocal agreement that would be executed prior to Spokane Valley’s commitment to participate and that would govern the collection and distribution of APA revenues. One key change from the current interlocal agreement is language to ensure that the County programs are provided proportionately to the fees collected from each jurisdiction. This would ensure that Spokane Valley residents would receive the full benefit of fees they would pay under the APA and that they would not unduly subsidize benefits to another jurisdiction. Staff are seeking input and direction from Council on its desire to participate and allow voters to decide whether they wish to renew the APA fee and any comments on the draft interlocal agreement. OPTIONS: Discussion; or take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: Staff are seeking input and direction from Council on its desire to participate and allow voters to decide whether they wish to renew the APA fee and any comments on the draft interlocal agreement... BUDGET/FINANCIAL IMPACTS: The APA fee is based on water usage from the aquifer and typically includes a fee for each residential property connected to sanitary sewer for a fee of $15.00 per year ($1.25/month). Residences using septic tanks are charged an additional $15.00 per year fee. Spokane County is proposing a renewal of the fee at the same level with no increase for the next 20-year period. Non-residence properties (i.e. commercial, industrial, multi- family) fees vary based on their water service meter size, as tabulated in Spokane County Resolution 04-0785. Since 2021, Spokane County collected approximately $700,000each year from within the City of Spokane Valley municipal boundary. Spokane County retained, on average, approximately $200,000 and returned approximately $500,000 to the City for use on efforts that protect the aquifer. Revenues provided to the City are realized in the Aquifer Protection Area Fund #403 and are typically used to pay for projects’ water quality improvements that protect the aquifer. The $200,000 retained by the County, as allowed by the ILA, is used to assist with the costs of groundwater monitoring, education and outreach, and program administration. STAFF CONTACT: Erik Lamb, Deputy City Manager Robert Blegen, Public Works Director Adam Jackson, Engineering Manager ____________________________________________________________________________________________________________________________________________ ATTACHMENTS: PowerPoint SVRP Aquifer Flyer (produced by Spokane County) APA Talking Points (produced by Spokane County) Resolution 04-016 Inclusion of City Boundaries within APA Interlocal Agreement 04-023 – Use and Allocation of APA Revenues Letter - Spokane County to Spokane Valley RE: Aquifer Protection Area Interlocal Agreement 2025 Draft –Use & Allocation of APA Revenues S POKANE C OUNTY W ATER R ESOURCES SVRP AQUIFER LONG-TERM MONITORING PROGRAM The Spokane Valley Rathdrum Prairie (SVRP) Aquifer underlies about 370 square miles of the relatively flat valley that spans across Washington and Idaho. The SVRP Aquifer Long Term Water Quality Monitoring Program is a voluntary program undertaken by Spokane County to monitor the quality and quantity of this important groundwater resource. Monitoring Program History In 1977, Spokane County in cooperation with the Spokane Regional Health District began an intensive one-year sampling effort to pro- 1 What 20 years of data tells us: vide baseline data for water quality within the regionÔs groundwater and determine if surface activity was polluting the aquifer. The same The SVRP has very good water year this intensive sampling was wrapping up, the Environmental quality Protection Agency (EPA) designated the SVRP aquifer as a ÑSole There were 5 exceedances of Source AquiferÒ under the Safe Drinking Water Act, which means it Maximum Contaminant Levels is the sole or principle source of drinking water for the area. (MLC): 4 for lead, 1 for arsenic The baseline study concluded that human activities did negatively Most metals, except arsenic, are impact the aquiferÔs water quality. In response, the County devel- generally not detectable oped a protection strategy, the Spokane Aquifer Water Quality Man- agement Plan (1979) and, in 1980, an ongoing voluntary monitoring Groundwater levels are general- program began for the County portion of the aquifer. ly stable Chloride is increasing through- out the aquifer Current Monitoring Efforts Nitrate levels have improved and The CountyÔs 51 monitoring locations are distributed to provide 2 are below the MCL information on water quality throughout the Washington portion of the aquifer. County staff collect samples on a quarterly basis and Nitrate levels are increasing send them to a lab for analysis to determine the concentrations of 17 along the northern boundary of 2 chemicals including chloride, fluoride, nitrate, phosphorus, arsenic, the aquifer to the state line and mercury. Field measurements of groundwater levels, tempera- 1 from the SVRP 20-Year (1999-2019) Report ture, pH, dissolved oxygen, and conductivity are also collected. 2 see reverse side for Nitrate Case Study Benefits of Monitoring More Resources for Improves understanding of conditions and monitors changes SVRP Aquifer Info Allows for early detection of contamination SVRP Aquifer Atlas Provides data to assess water quality trends and the effective- SVRP Aquifer Data ness of aquifer protection measures (e.g. sewer installation) Interactive Map SVRP 20-Year (1999 -2019) Analysis Report QUESTIONS? CONTACT US! SPOKANE COUNTY WATER RESOURCES waterinfo@spokanecounty.org or 509-477-7579 SVRP Aquifer Data StoryMap SVRP AQUIFER Page 2 Case Study: The Nitrate Problem Nitrate is a naturally occurring form of nitrogen. However, in drinking water, nitrate is a potential health hazard with a Maximum Contaminant Level (MCL) of 10 mg/L and a State trigger level of 5 mg/L. Levels at or above the MCL can cause methemoglobinemia, or blue baby syndrome, in bottle-fed infants. Nitrate levels at some locations in the aquifer approached the MCL in the 1980s and levels were increasing. Nitrates in the aquifer were linked to the use of septic systems, which were prevalent throughout parts of the County at that time. A Community Solution Concern over public health was the motivation for the CountyÔs Septic Tank Elimi- nation Program (STEP), which intended to reduce nitrates through sewer installa- tion and construction of facilities to treat the additional wastewater. In 1985, Spokane County voters approved the formation of the Spokane Valley Rathdrum Prairie Aquifer Protection Area (APA) and authorized a fee on property owners to finance protection, preservation, and rehabilitation activities. The APA was reauthorized by voters in 2004. The APA fee funds the monitoring program as well as other aquifer protection activities such as sewer and stormwater infrastruc- A septic tank (top) and sewer pipe installation ture, comprehensive planning, and environmental education. (bottom) Did it work? During the 20-year period from 1999 to 2019, sewer installation lowered and stabilized nitrate levels in much of the CountyÔs sewer service area, reducing the risk of reaching unhealthy levels. Nitrates are generally now below the State trigger lev- el (5 mg/L) throughout the aqui- fer. However, during this same period, nitrate levels in northern Spokane Valley and outside of sewer service near the state line were increasing. These loca- tions are along the same flow- path, indicating up-gradient non -sewered areas may be impact- Nitrate trends throughout the Spokane Valley Rathdrum Prairie (SVRP) aquifer based on ing parts of the aquifer below data collected between 1999 and 2019. Most sites with increasing trends occur along the same flow path, represented by the City of Spokane Parkwater Well 5Ï and 10Ïyear the CountyÔs service area. Capture Zones (in blue). A capture zone defines the area where groundwater flows toward a well within a specified period. Next Steps With sewer largely addressing nitrates, the next regional concern for the County to address is stormwater. The Spokane Aquifer Water Quality Management Plan recognized the need for improved stormwater manage- ment since pollutants carried in stormwater can significantly impact the aquifer. The data indicate chloride levels, often used an indicator of stormwater pollution, have significantly increased throughout the aquifer between 1999 and 2019. Future development means more stormwater from hard surfaces (homes, roads, parking lots) will need treatment measures before making its way to the aquifer. Aquifer APA) In 1976 l 1976 – 1979 o o 1988 – o - - o F – o o -- - o o o o o o o o - o --– o -– o - 77 – 1978 o o o - o o – o o o o o - - o o o o o o o o n o o o INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY REGARDING USES AND ALLOCATION OF AQUIFER PROTECTION AREA REVENUESFOR 2026 THROUGH 2045 THIS AGREEMENT, made and entered intoby and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West ountyCity of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at 10210East Sprague Avenue, Spokane Valley, Washington 99206, ity.The Cityand Countyare jointly referred to herein as the "Parties." The Cityand Countyagree as follows. SECTION NO. 1: RECITALS (a)TheCityis located in the Spokane-RathdrumAquifer Protection Area established by Spokane County Ordinance 04-0785, dated September 14, 2004, and thereafter ratified following submission to votersresiding within the Aquifer Protection Areaon the November 2, 2004 election pursuant to the provisions of chapter 36.36 RCW. (b)On December 31, 2025, the authorization to collect Aquifer Protection Area fees will terminateunless voters within the Spokane-Rathdrum, now titledtheSpokane Valley Rathdrum PrairieAquifer Protection Area vote to re-authorize the Spokane Valley Rathdrum PrairieAquifer Protection Area. (c)The County has notified the City that the County intends to cause a ballot proposition to be placed before the voters to re-authorize the establishment of the Spokane Valley Rathdrum PrairieAquifer Protection Area for another 20 yearsand impose fees on property owners for the withdrawal of subterranean water andon-site sewage disposal. (d)forproperty within to be included in the Spokane Valley Rathdrum PrairieAquifer Protection Area andidentify how the Spokane Valley Rathdrum PrairieAquifer Protection Area fees will be used and allocated. SECTION NO. 2: DURATIONAND PRE-CONDITION This Agreement shall be null and void if the re-authorization of the Spokane Valley Rathdrum PrairieAquifer Protection Area is not approved by the voters during an election in year 2025. Moreover, this Agreement shall apply only if and to the extent the boundaries of the re- authorized Spokane Valley Rathdrum PrairieAquifer Protection Area include property within the municipal boundaries of the City. If the re-authorization of the Spokane Valley Rathdrum PrairieAquifer Protection Area is approved by the voters in year 2025, then this Agreement shall commence without further action of the Parties on January 1, 2026, and run through December 31, 2045. 1 SECTION NO. 3: USES AND ALLOCATION OF AQUIFER PROTECTION AREA FEES (a)The City consents to continued inclusion of its municipal boundaries within the boundaries of the Spokane Valley Rathdrum PrairieAquifer Protection Areaduring the years of 2026 through 2045in the event voters re-authorize the Spokane Valley Rathdrum PrairieAquifer Protection Area. (b)During the duration of this Agreement, the County shall be solely responsible for assessing, billing, and collecting the Spokane Valley Rathdrum PrairieAquifer Protection Area feesin accordance with chapter 36.36 RCW and all other applicable law. (c)The City also authorizes the County to use funds from the County budget fund that has been established to receive all Aquifer Protection Area feedeposits(commonly identified as Budget Area fees from property owners within the Spokane Valley Rathdrum PrairieAquifer Protection Area, and (b) perform other customer account activities/services directly related to the Aquifer Protection Area fees. All County Administrative Costschargedto Fund 436 shall relate directly to activities/services performed by County staff in conjunction with the above activities related to the Spokane Valley Rathdrum PrairieAquifer Protection Area.The County agrees thatthe Resources Programwill be distributed amongstthe jurisdictionsparticipating in the Spokane Valley Rathdrum Aquifer Protection Area in proportionto the percentage of the total Aquifer Protection Area fees collected from property owners in eachjurisdiction.Charges will occur on a monthly basis and shall be based on actual costs. (d) Resources Program, including aquifer education and outreach,aquifer monitoring, aquifer data management, aquifer studies, coordination of aquifer protection activities, APA administrative staff and operational related costs to Fund 436. Such charges will occur on a monthly basis and shall be based on actual costs. (e)For each year this Agreement is in effect, the Parties agree that the total Spokane Valley Rathdrum PrairieAquifer Protection Area fees remaining at year end after the disbursements authorized in Section 3(c) and (d) above shall be distributed annually between the County and the City on a proportional basis relative to the amount of Spokane Valley Rathdrum Prairie Aquifer Protection Area fees generated in unincorporated areas and the City. E the Spokane Valley Rathdrum PrairieAquifer Protection Area fees shall be exclusively and solely for purposes authorized under RCW 36.36.040. th (f)On or before January 30of each year beginning in 2027, the County shall provide the City with the disbursement identified in Section 3(e) above ofSpokane Valley Rathdrum PrairieAquifer Protection Areafees collected during the immediately previous calendar year. (g)Spokane Valley Rathdrum PrairieAquifer Protection Area fees at any time during the duration of this Agreement to 2 determine compliance with RCW 36.36.040 and this Agreement. If it is determined that the Spokane Valley Rathdrum PrairieAquifer Protection Area fees is not consistent with the allowable uses provided under RCW 36.36.040, then the County may withhold subsequent Spokane Valley Rathdrum PrairieAquifer Protection Area fees equal to the amount of fees that were determined to be inconsistent with allowable uses under RCW Spokane Valley Rathdrum Prairie Aquifer Protection Area fees is not consistent with the allowable uses provided under RCW 26.26.040 or this Agreement, then the County will reimburse the Spokane Valley Rathdrum PrairieAquifer Protection Area fee fund in an amount equal to the amount of fees that were determined to be inconsistent with allowable uses under RCW 36.36.040. SECTION NO. 4:NOTICE All notices or other communications given hereunder shall be deemed given on: (i) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the Countyor the Cityat 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: COUNTY:Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 CITY:City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 10210 East Sprague Spokane Valley, Washington 99206 SECTION NO. 5: REPORTING At the end of each fiscal quarter, the County will provide the City with a report that (a) itemizes the County Administrative Costs incurred by the County during that fiscal quarter, (b) itemizes the County Water Resources Program costs incurred by the County during that fiscal quarter, (c) identifies the amount of Spokane Valley Rathdrum PrairieAquifer Protection Area funds expended by the County during that fiscal quarter, (d) identifies the balance of funds in the Spokane Valley Rathdrum PrairieAquifer Protection Area fund (i.e. Budget Fund 436) at the beginning and at the end of that fiscal quarter, and (e) identifies the total amount of Spokane Valley Rathdrum PrairieAquifer Protection Area fees collected during that fiscal quarter as well as during the entire calendar year as of the end of that fiscal quarter. Each quarterlyreport shall be delivered th to the City on or before the 30day of the first month following the end of the fiscal quarter to which the report pertains. 3 SECTION NO. 6: 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. SECTION NO. 7: ASSIGNMENT No Party may assign in whole or part its interest in this Agreement without the written approval of the other PARTY. SECTION NO. 8: LIABILITY (a)The Countyshall 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 County, 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 Countyshall defend the same at its sole cost and expense; provided that the Cityreserves 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 Cityand the Countyand their respective officers, agents, and employees, the Countyshall satisfy the same. (b)The Cityshall indemnify and hold harmless the Countyand 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 County, the Cityshall defend the same at its sole cost and expense; provided that the Countyreserves 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 County, and its officers, agents, and employees, or jointly against the Countyand the Cityand their respective officers, agents, and employees, the Cityshall 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. (d) (e) 4 only, and only to the extent necessary to provide the indemnified Party with a full and complete artiesacknowledge that these provisions were specifically negotiated and agreed upon by them. SECTION NO. 9: RELATIONSHIP OF THE PARTIES The Partiesintend that an independent contractor relationship will be created by this Agreement. The Countyshall be an independent contractor and not the agent or employee of the City, and vice versa. The Countyshall be solely responsible for the conduct and actions of all County employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of the Cityshall be deemed to be an employee, agent, servant or representative of the Countyfor any purpose. SECTION NO. 10: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in conjunction with this Agreementshall remain with the original owner, unless otherwisespecifically and mutually agreed toin writing signed by 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. 11: ENTIRE AGREEMENT AND MODIFICATION This Agreement contains terms and conditions agreed upon by the Parties. The Partiesagree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No change, addition, or other modificationto this Agreement shall be valid or binding upon the Partiesunless such changes, additions, or modifications arein a writing executed by the legislative authority of each Party.This Agreement shall be binding upon the Partieshereto, their successors and assigns. SECTION NO. 12: ALTERNATIVE DISPUTE RESOLUTION For any dispute arising under this Agreement, the Parties shall first attempt to informally resolve the dispute. If informal attempts at resolution are unsuccessful, then the Parties shall submit the dispute to non-binding mediation before a mediator agreed upon by bothParties. If no mediator is agreed upon or the mediation does not resolve the dispute, then either Party may commence an action in a State of Washington court of competent jurisdiction. SECTION NO. 12: JURISDICTIONAND ATTORNEY FEES 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 as to interpretation, performance, and 5 enforcement. 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 a Washington court having jurisdiction.The prevailing party in any action arising out this Agreement shall be entitled to an award of their reasonable attorney fees and costs incurred in said action. SECTION NO. 13: 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 Partiesshall 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. 14: 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. 15: FILING This Agreement shall be filed by the Countywith such offices or agencies as required by chapter 39.34 RCW. SECTION NO. 16: EXECUTION AND APPROVAL The Partieswarrant 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. 17: COMPLIANCE WITH LAWS The Partiesshall 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. 18: ASSURANCE portionalshare of that amount of those Spokane Valley Rathdrum PrairieAquifer Protection Area fees remaining after deducting the true costs paid by the County for (a) County Administrative Costs (as identified herein) and (b) the County Water Resources Program costs.The intent of the Parties is that neither Party will 6 subsidize the other Party or any other jurisdiction where property within the Spokane-Rathdrum Aquifer Protection Area is situated. SECTION NO. 19:RCW 39.34 REQUIRED CLAUSES (a)Purpose: See Section No. 3 above. (b)Organization of Separate Entity: See Section No. 9above. No new or separate legal or administrative entity is created or intended to administer the provisions. (c)Duration: See Section No. 2above. (d)Terminationand Property Upon Termination: See Section Nos. 2and 10above.This Agreementshall terminate only upon expiration of the 20-year term identified in Section No. 2.. (e)Responsibilities of the Parties: See Section Nos. 3 and 5above. (f)Filing: See Section No. 15above. (g)Representatives: See Section No. 7 above. \[signature pages follow\] 7 IN WITNESS WHEREOF, the Partieshave caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON MARY L. KUNEY, Chair JOSH KERNS, Vice-Chair AL FRENCH, Commissioner __________________________________________ AMBER WALDREF, Commissioner ATTEST: Clerk of the Board__________________________________________ CHRIS JORDAN, Commissioner Ginna Vasquez 8 DATED: CITY OF SPOKANE VALLEY ATTEST: John Hohman, City Manager Marci Patterson, City Clerk APPROVED AS TO FORM ONLY: Kelly E. Konkright, City Attorney 9 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 1, 2025 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: 2025 Transportation Improvement Program (TIP) Amendment #1 GOVERNING LEGISLATION: RCW 35.77.010 PREVIOUS COUNCIL ACTION TAKEN: June 18, 2024, City Council adopted 2025-2030 TIP by Resolution 24-011. Annual adoption of the six-year transportation improvement plan by June 30. BACKGROUND: The projects and costs listed in the adopted TIP are based upon available information at the time of adoption. This amendment includes cost estimate updates for anticipated 2025 expenses for several previously adopted projects and also adds projects that were not initially scheduled in 2025. These new projects include: Thorpe Road bridge superstructure replacement Wellesley preservation (Sullivan to Isenhart) th Roundabout (design funds) Barker & 8 South Barker Road Corridor (south of Mission) (right of way funds) The TIP is required to be financially constrained. The TIP reflects the City’s short-term transportation needs and provides a prioritized path forward. Since the City uses Real Estate Excise Tax (REET) monies as matching funds for state and federal grants, this amendment to the TIP is necessary to meet the state law that requires REET funds to only be used on projects that have been identified in an adopted plan. Based on this information, it is recommended that the 2025 TIP be amended to include these updates. Attached is a summary of the proposed updates and a draft resolution. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion only. This material will be presented again at the April 15, 2025, Public Hearing on the TIP Amendment, as well as a proposed resolution for Council to consider adopting the 2025 TIP Amendment. BUDGET/FINANCIAL IMPACTS: Staff has confirmed that across the various funds applicable to the proposed projects, sufficient funds are available to meet the local match requirements for these projects (I.E. Funds 303, 311, 312, 315, 402, 403, 404). Further, the City will not initiate a new project or award a construction contract without the necessary secured City funds. STAFF CONTACT: Adam Jackson, Engineering Manager ___________________________________________________________________________ ATTACHMENTS: PowerPoint Presentation DRAFT Resolution 25-___ Draft 2025 TIP Amendment #1 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 25-xxx A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING THE 2025 TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, the Spokane Valley City Council Adopted the 2025-2030 Six Year Transportation Improvement Program (TIP) on June 18, 2024, Resolution #24-011, with such program acting as a guide for the coordinated development of the City’s transportation system; and WHEREAS, changes in certain funding sources and project schedules have occurred; and WHEREAS, the attached Amended 2025 TIP incorporates said changes for year 2025; and WHEREAS, the amendments to the 2025 TIP are consistent with Spokane Valley’s adopted Comprehensive Plan. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. The City Council hereby adopts the attached Amended 2025 TIP for the City of Spokane Valley for the purpose of guiding the design, development and construction of local and regional transportation improvements for the year 2025. Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Section 2. Effective Date. This Resolution shall be in full force and effect upon adoption. th Adopted this 15 day of April, 2025. City of Spokane Valley Pam Haley, Mayor ATTEST: Marci Patterson, City Clerk Approved as to Form: Office of the City Attorney Resolution 25-xxx Amending 2025 TIP CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 1, 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 Potential Grant Opportunity Local Bridge Program (Sullivan & Trent Interchange Project) GOVERNING LEGISLATION: RCW 35.77.010: Six-Year Transportation Improvement Program PREVIOUS COUNCIL ACTION TAKEN: Since 2019, the City has identified the Sullivan & Trent Interchange project as a City priority project. The project has regularly been submitted to a variety of funding programs. March 14, 2023, City Council passed a motion to apply for the 2023 Federal Local Bridge Program in the amount of $10 million. BACKGROUND: The Washington State Department of Transportation (WSDOT) issued a call for projects in February 2025, for the Federal Local Bridge Program (FLBP). The purpose of the FLBP is to improve the condition of bridges through replacement, rehabilitation, and preventative maintenance. bridge-deck maintenance (Sullivan Rd. over UPRR and Mission Rd. over Evergreen Ave.). Currently, the city only has one eligible bridge for funding consideration: the Sullivan Road bridge over State Route 290 (Trent Ave.) as part of the Sullivan/Trent Interchange project. Program details include: Total Available Program Funds: $100 million statewide (federal funds) Award Range (Min-Max): $25 million max (for replacement projects) Match Amount: No local match requirement (0%) Application Due Date: April 25, 2025 Application Award Date: Draft recommendations by Sept. 30, 2025 Obligation Date (if awarded): No later than September 30, 2029 The total overall cost for the Sullivan/Trent Interchange project is $53.4 million. Staff suggest a partial funding request of $18,079,440 to this grant program. This partial request attempts to right- fund bridge projects rather than interchange projects. The cost estimate was calculated using proportional unit costs for eligible and applicable bridge related elements while omitting other project elements not related to the Sullivan Bridge over Trent, such as the on/off ramps for Trent or the Sullivan Road bridge over the BNSF tracks. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Staff seeks consensus to return to council at a later date seeking a motion consideration for formal approval to apply for grant funding. BUDGET/FINANCIAL IMPACTS: The FLBP has a zero non-federal match requirement. The FLBP would be one funding partner out of multiple funding partners and the overall project will still require a non-federal match. The City has parallel funding pursuits with Spokane Regional STAFF CONTACT: Adam Jackson, Engineering Manager ATTACHMENTS: None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 1, 2025 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE:Information: Flora Cross Country Complex–County Sewer Easement GOVERNING LEGISLATION: SVMC 3.49 – Property Acquisition, Disposition, and Grants PREVIOUS COUNCIL ACTION TAKEN: On February 11, 2020, the Council held an open public discussion at their Winter Workshop where staff presented an opportunity to purchase approximately 46 acres from Washington State Department of Transportation (DOT), and an opportunity to apply for a Washington State Recreation and Conservation Office (RCO) grant for reimbursement of up to $1M of the acquisition cost. On May 12, 2020, the Council passed Resolution 20-008 authorizing a grant application to RCO for funding assistance for the potential acquisition of the Flora Property. Preliminary rankings were published on the RCO website in September of 2020 and the grant award was approved by the RCO Funding Board in October of 2020. On September 22, 2020, the Council heard an administrative update from staff and provided consensus for staff to return at a future meeting with a motion to authorize staff to finalize the purchase of the Flora Property. On October 6, 2020, the Council approved a motion to authorize the City Manager to finalize and execute any documents necessary to acquire the Flora Property. The purchase of the Flora Property from DOT was completed on January 15, 2021. On April 30, 2024, the City Council authorized a contract award for Progressive Design Build (PDB) services to Walker Construction and SPVV Landscape Architecture to design and construct a cross-country course on the Flora Property. BACKGROUND: The Flora Property has been encumbered with an existing Spokane County Sewer and Access Easement Easement since before it was purchased by the City with RCO grant funding (see attached map). Due to the location of the starting chute for the new cross-country course, it is necessary to relocate and extend a portion of the existing sewer access road and easement. The modified road and easement will better align with the existing sewer main line which runs along the northern boundary of the City property adjacent to the UPRR tracks and better serve the intended recreational uses of the property. The new access easement will be through a portion of the new parking lot and the turnaround and terminus of the existing easement will be extended easterly to clear the new starting chute for the cross-country course. The attached Exhibit graphically shows the proposed relocation and extension. Staff have been working with Spokane County Public Works, Wastewater System Division, and the County Attorney’s Office as well as the City Attorney to create the necessary legal documents to memorialize these changes. All parties agree that the best way to accomplish the changes shown graphically is to 1) record a Termination and Release of Easement document to remove the existing Sewer and Access Easement, and 2) record new Public Sewer and Access Easements to replace the existing easements. Both documents with exhibits are attached. These easement documents have been reviewed and approved by the Washington State Recreation and Conservation Office (RCO) to ensure that the changes will not have any impact on their grant which helped the City purchase the property (see attached letter dated February 19, 2025). The easement documents will need to be signed by the City Manager to make the necessary changes official. Staff will return at a future meeting with a request for a Motion to Authorize the City Manager to execute the necessary documents and will then send them to the County so they can obtain Commission approval to do the same and record them in the County Auditor’s Office. OPTIONS: Information only RECOMMENDED ACTION OR MOTION: Information only BUDGET/FINANCIAL IMPACTS: This action has no impact to the project budget. Previously, $4.4M had been allocated from the Hotel/Motel Tax – Tourism Facilities Fund #104 (LTAC) for development of the cross-country complex. An additional $2.5M was allocated in January 2025 for total LTAC funding of $6.9M. The City received a $150,000 grant from the WA State Legislature under Capital Projects for a total project budget of $7,050,000. STAFF CONTACT: John Bottelli, Parks and Recreation Director Glenn Ritter, PE, Senior Engineer/Project Manager ATTACHMENTS: Boundary Map: RCO Project 20-1308A Sewer Easement Exhibit Termination and Release of Easement document Public Sewer and Access Easements document Exception to Conversion Approval Letter: RCO Project 20-1308A Fyufotjpo!pg!Bddftt!fbtfnfou boe!sfmpdbufe!Uvso.bspvoe Fbtfnfou!up!cf!efejdbufe Fyjtujoh Uvso.bspvoe Fbtfnfou!up!cf sfmfbtfe Fyjtujoh!tfxfs nbjo!xjuijo fyjtujoh!tfxfs fbtfnfou Fyjtujoh!tfxfs nbjo!xjuijo fyjtujoh!SPX Ofx!Bddftt Fyjtujoh!Bddftt Fbtfnfou!up!cf Fbtfnfou!up!cf efejdbufe sfmfbtfe Fyjtujoh!'!Qspqptfe Dpvouz!TT!Fbtfnfout Dsptt!Dpvousz!Dpnqmfy 4029036 4029036 When Recorded Mail To: Djuz!pg!Tqplbof!Wbmmfz City of Spokane Valley Buuo;!Nbsdj!Qbuufstpo Attn: Marci Patterson 21321!Fbtu!Tqsbhvf!Bwf 11707 East Sprague, Suite 106 Tqplbof!Wbmmfz-!XB!::317 Spokane Valley, WA 99206 Document Title: Termination and Release of Easement Grantor: Spokane County Grantee: City of Spokane Valley Abbreviated Legal Description: Ptn. Tracts 99-101, Plat N. 3 of West Farms (Full legal on page 2 of this document). Additional Legal Description: (Full legal on page 2 of this document). Assessor's Tax Parcel Number: 55072.0318 and 55072.0324 Reference Number: Spokane County Recording No. 6595921 TERMINATION AND RELEASE OF EASEMENT FOR CONSIDERATION OF THE ACTUAL BENEFITS HEREIN DERIVED by the parties hereto, the undersigned Spokane County, a political subdivision of the State of Washington, located at 1116 W. Broadway Ave., municipal corporation of the State of Washington, located at 10210 E. Sprague Ave., Spokane Va n unconditional full termination, release, and relinquishment of rights, powers, and authority pursuant to the Sewer and Access Easement, originally granted to it by the State of Washington, described under Spokane County recording number 6595921 attached hereto as Exhibit 1, located over, under, across, and upon the following described real property situated in Spokane County, State of Washington: 1 That portion of Plat No. 3 of WEST FARMS IRRIGATED TRACTS, according to the plat recorded in Volume "T" of Plats at Page 6, and that portion of the unnamed road vacated by Spokane County Commissioner's Resolution No. 79 1582, in Spokane County, Washington, lying within the following described tract of land: Beginning at an intersection of the Easterly margin of Flora Road as described in Quit Claim Deed dated May 28, 1980, recorded June 2, 1980 under Auditor's File No. 8006020176, and the North boundary of Tract 101 of said Plat No. 3 of WEST FARMS IRRIGATED TRACTS; thence North 75°03' East along said North boundary a distance of 1527 feet to a point of non-tangent curve, concave to the North having a radius of 75 feet; thence Southeasterly, Easterly and Northerly, along said curve a distance of 203 feet, more or less, to the Southerly right of way line of the Spokane International Railway, (Burlington Northern, Inc.); thence South 75°03' West along said Southerly right of way line to the said Easterly margin of Flora Road (hereinafter referred to as Point "A"); thence South 0°17' East along said Easterly margin to the point of beginning. Access Easement An Access Easement 20 feet in width, 10 feet on each side of the following described centerline over and across that portion of Plat No. 3 of WEST FARMS IRRIGATED TRACTS, according to the plat recorded in Volume "T" of Plats at Page 6, in Spokane County, Washington: Commencing at the aforementioned Point "A"; thence South 0°17' East, along the Easterly margin of Flora Road, as described in Quit Claim Deed dated May 28, 1980, recorded June 2, 1980 under Auditor's File No. 8006020176, a distance of 240 feet to the true point of beginning, which is a point of non-tangent curve, concave to the Northwest, the radius point of which bears North 11°05'01" West a distance of 194 feet; thence Northeasterly along said curve a distance of 168.40 feet; thence North 29°17'43" East a distance of 88.58 feet to a point of curve to the right having a radius of 180 feet; thence Northeasterly along said curve a distance of 77.78 feet; thence North 53°56'22" Easta distance of 106.44 feet, more or less, to the North boundary of Tract 101 of said plat and the terminus of this centerline description. The sidelines of said 20 foot Access Easement to be extended or shortened to terminate at the Easterly margin of Flora Road and the North boundary of said Tract 101. 2 By the foregoing, Grantor retains no interest whatsoever in the Sewer and Access Easement described in Spokane County recording number 6595921, attached as Exhibit 1. Dated this _____ day of _________, 2025. GRANTOR: SPOKANE COUNTY By: ITS: BOARD OF COUNTY COMMISSIONERS BY ITS: CHAIR OF THE BOARD STATE OF WASHINGTON ) COUNTY OF SPOKANE ) ss On this _______ day of _________, 2025, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared, Mary Kuney, Josh Kerns, Al French, Amber Waldref and Chris Jordan to me known to be the elected officials of the Board of County Commissioners of Spokane County, a political subdivision that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said political subdivision, for the uses and purposes therein mentioned and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of this political subdivision. ___________________________ Name: Notary Public in and for the State of Washington Residing in My commission expires: ____________ 3 Dated this _____ day of _________, 2025. GRANTEE CITY OF SPOKANE VALLEY By: __ Name: John Hohman Title: City Manager STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day of _________ 2025, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared __________________ of Spokane County (Grantor), to me known to be the individual who executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written: Notary Public in and for the State of Washington, residing at Spokane Valley. My commission expires: 4 EXHIBIT 1 Sewer and Access Easement (superseded) Spokane County Recording No. 6595921, dated April 18, 2017 5 76:6:32 BN 21;32;19 1502903128 JUJFT J UZ - T f Xbtijohupo dpvouz Tqplbof }}}}}}} }}}}} XFboeBEESFTT Fowjsponfoubm Tfswjdft Dpvouz Tqplbof 2137X/5uiGmpps Bwf/- Cspbexbz Buuo/EbojfmbFsjdltpo boeBmmJogpsnbujpo QmfbtfpsQsjou OfbumzDmfbsmz Uzqf Epdvnfou Ujumf)t* BddfttFbtfnfou Tfxfsboe Epdvnfout pgSfmbufe Sfgfsfodf Ovncfs)t* SftpmvujpoOp/28.1221 Njeemf Gjstu Obnf- Obnf-Jojujbm* )Mbtu Hsboups)t* pg Tubufpg Usbotqpsubujpo Xbtijohupo-Efqbsunfou XB:9615.8449 QPCpy 58449- Pmznqjb Njeemf Gjstu Obnf- Obnf-Jojujbm* )Mbtu Hsbouff)t* Tfswjdft Fowjsponfoubm Dpvouz Tqplbof XB::371 5ui 2135Xftu Gmpps- Tqplbof- Cspbexbz- Tfdujpops j/f/ gpsnjt Mpu0Cmpdl0Tvcejwjtjpo* Tfdujpogspxotijq0Sbohf0Rus )Bccsfwjbufebddfqubcmf- Eftdsjqujpo Mfhbm Wpm/ XftuGbsnt QmbuOp/4pg Quo/Usbdut #U#-7- Usbdut- ::.212- qh/ Jssjhbufe boe wbdbufe spbe- TqplbofDpvouz-Xbtijohupo 66183/1435 66183/1429boe JEOvncfs UbyQbsdfm Bttfttps(t xjmmopusfbeuifepdvnfou gpsn/Tubgg pouijtUif xjmmpouifjogpsnbujpo Bvejups Uif qspwjefe Dpvouzsfmz ifsfjo/ uifjogpsnbujpo uifboepg up joefyjohqspwjefe dpnqmfufoftt bddvsbdz wfsjgz jtOpo.Tuboebse/ jgepdvnfou cfmpx zpvs pomz Tjho bt47/29/121/ gffjoSDX gpsbobeejujpobm boopo.tuboebse Jbn qspwjefe sfdpsejoh fnfshfodz sfrvftujoh tpnfpg pspuifsxjtfpctdvsf dpwfs uibuuif Jvoefstuboe qbsut sfrvjsfnfoutnbzvq sfdpsejohqspdfttjoh jt Gffgpsopo.tuboebse pguifepdvnfou/%61/ uifufyu qspdfttjoh psjhjobm pg Qbsuz Sfrvftujoh Tjhobuvsf 7ydjtf Uby Fyfnqu . 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Cz; fofsbm TfojpsBttjtubouBuupsof $7.43.25619 5J/D/ pg6 SFT524 QbhfQbhft 303127 SFWJFXFEBTUPGPSNHSBOUFF; TqplbofDpvouz Cz; Ujumf; gg^ gE g 0su0uig4 82WjsU*g20ZmfW0 e}gUD TUBUFPGXBTIJOHUPO * tt *; pgUivstupo Dpvouz* nf Pouijtpg31cfgpsf -- qfstpobmmz ebz lopxoupnfbtuifpgTubuf Njmmbs- TfdsfubszUsbotqpsubujpo-Xbtijohupo bqqfbsfeSphfs tbje pgboefyfdvufeuif jotusvnfou- Efqbsunfougpsfhpjohbdlopxmfehjoh Usbotqpsubujpo- jotusvnfouupcfuifgsffboebduboeeffepguifTubufpggpsuifvtftboe wpmvoubszXbtijohupo- popbuiuptbjejotusvnfou/ uifsfjoboetubufeuibuifxbtbvuipsj{fefyfdvuf nfoujpofe- qvsqptft Hjwfovoefsiboeboepggjdjbmtfbmuifboembtuxsjuufo/ bcpwf nzebzzfbs / obnf* Opubsz)qsjou )EEJ OP jogpsuifbu QvcmjdboeTubufpg Xbtijohupo-sftjejoh Opubsz QVCMJD Pmznqjb 0 9c% NzBqqpjounfouFyqjsft SFT524 6pg6J/D/$7.43.25619 Qbhf Qbhft 303127 After Recording Return To: Spokane County Wastewater System Division th 1026 West Broadway Avenue, 4 Floor Spokane, WA 99260-0170 Spokane County Public Works Î Wastewater System Division Spokane County, Washington PUBLIC SEWER AND ACCESS EASEMENTS Grantor: City of Spokane Valley Grantee: Spokane County Legal Description: Ptn. Tracts 98-101, Plat N. 3 of West Farms Irrigated Tracts, Vol. ÐTÑ, pg 6, and vacated road, Spokane County, Washington (See full legal descriptions in Exhibits A and B). Additional Legal Description: Exhibits A and B. Assessor's Tax Parcel Numbers: 55072.0324, 55072.0318, and 55072.0319 Affects: Spokane County Recording No. 6595921 and County Resolution No. 17-0110 THIS AGREEMENT made this _____ day of ______________, 2025, by and between CITY OF SPOKANE VALLEY, a municipal corporation of the State of Washington, hereinafter termed ÐGrantorÑ for and in valuable consideration, including the recording of a release of interest in Sewer and Access Easement described under Spokane County recording number 6595921, receipt of which is hereby acknowledged, conveys and grants to SPOKANE COUNTY, a political subdivision of the State of Washington, its successors and assigns, hereinafter te rmed ÐGranteeÑ, non-exclusive perpetual sewer and access easements, as conditioned herein, over, under, upon and across the following described real estate, situated in the County of Spokane, State of Washington: A) See full legal descriptions in Exhibit A f or the ÐSewer and Access EasementÑ incorporated herein by this reference, for the sole purpose of constructing, installing, operating, maintaining, repairing, replacing, removing, and all other uses or purposes which are or may be related to a sewer system; and, B) See full legal description in Exhibit B for the ÐAccess EasementÑ incorporated herein by this reference, for the sole purpose of ingress and egress to the area described in Exhibit A for the purposes expressly stated herein, both elements A and B above being depicted on the map in Exhibit C incorporated herein by this reference. For Grantee Ó s internal reference, this easement agreement is a part of the following project file number: Spokane Valley CIP #0361. This public sewer and access easement document shall be null and void unless, prior to its recording, a release of interest in the sewer and access easement described under Spokane County recording number 6595921 is fully executed, recorded, and attached hereto as Exhibit D. Grantor and Grantee agree that this public sewer and access easement agreement once fully executed and recorded shall supersede the terminated prior easement described in Spokane County recording number 6595921 in all respects. At all times the sewer and access easements granted herein shall be subject to all existing encumbrances, including easements, restrictions and reservations, if any, and all the following conditions. Page 1 Grantee, its successors and assigns at all times hereinafter, at their own cost and expense, may remove all crops, brush, grass or trees that may interfere with the constructing, installing, operating, maintaining, repairing, replacing, removing, and all other uses or purposes which are or may be related to a sewer system. The Grantor reserves the right to use and enjoy that property which is the subject of these easements for purposes which will not interfere with the Grantee Ós full enjoyment of the rights hereby granted; provided the Grantor shall not erect or construct any building or other permanent structure, or drill on the easements or diminish or substantially add to the ground cover over the ÐSewer and Access EasementÑ unless agreed upon in writing by the Grantee. The foregoing restrictions on the GrantorÓs reservation of rights does not include such activities or construction of permanent structures including but not limited to pavement, curb, sidewalk, signs, and lan dscaping within the ÐAccess EasementÑ that does not materially interfere with GranteeÓ s ingress or egress rights to the ÐSewer and Access EasementÑ area. Should Gra nteeÓs use of the easements cause damage to GrantorÓs property or infrastructure, whether existing now or in the future, Grantee agrees to notify Grantor and further agrees to make such repairs, or reimburse the Grantor for the cost of such repairs. The Grantee shall, at its sole expense, defend, indemnify, and hold harmless Grantor and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorneyÓs fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the performance of an y activities on GrantorÓs property, to wit: Assessors Tax Parcel Numbers 55072.0324, 55072.0318, and 55072.0319, including the easement areas described thereon. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the Grantor, its officers, officials, employees, and volunteers, the GranteeÓs liability, including the duty and cost to defend, hereunder shall be only to the extent of the GranteeÓs negligence. The easements herein described shall run with the land and shall be binding on the parties referenced herein, their heirs, successors, and assigns. In the event the aforementioned easements cease to be used for the express purposes referenced herein, they shall automatically become null and void and will cease to be an encumbrance upon the above referenced real property. \[signature pages follow\] Page 2 DATED this ______ day of _________________________________, 2025. GRANTOR: CITY OF SPOKANE VALLEY BY: ITS: CITY MANAGER STATE OF WASHINGTON ) COUNTY OF SPOKANE ) ss I certify that I know or have satisfactory evidence that ________________________ personally appeared to me known to be the person who signed as City Manager, of CITY OF SPOKANE VALLEY, a municipal corporation of the State of Washington, that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of CITY OF SPOKANE VALLEY for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said corporation. Dated this day of , 2025. NOTARY PUBLIC in and for the State of WA Residing at _____________________ My appointment expires: Page 3 DATED this ______ day of _________________________________, 2025. GRANTEE: SPOKANE COUNTY BY: ___________________________________ ITS: BOARD OF COUNTY COMMISSIONERS BY ITS: CHAIR OF THE BOARD STATE OF WASHINGTON ) COUNTY OF SPOKANE ) ss On this _______ day of _________, 2025, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared, Mary Kuney, Josh Kerns, Al French, Amber Waldref and Chris Jordan to me known to be the elected officials of the Board of County Commissioners of Spokane County, a political subdivision that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said political subdivision, for the uses and purposes therein mentioned and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of this political subdivision. ___________________________________ Name: Notary Public in and for the State of Washington Residing in My commission expires: ______________ Page 4 EXHIBIT A EXHIBIT B EXHIBIT C CURVE TABLE CURVEDELTACHORD LENGTHRADIUS APN: 55075.0218BEARING NO.DIRECTION EXCEPTION PARCEL 4 ' 0 C112.7310.0072°54'40"N68° 29' 31"W 0 . 0 NE CORNER 0 2C2213.2575.00162°54'30"S66° 30' 32"W OF TRACT 98 PARCEL LINE TABLE APN: 55072.0319 EXCEPTION PARCEL 3 L11 LINE NOLENGTHDIRECTION C 2 L1102.00N89° 43' 00"E ' 3 36.00N0° 17' 00"W L2 6 . C1 9 4 L361.00S89° 43' 00"W 5 N75° 03' 11"E L4221.83N0° 17' 00"W 398.69' L527.90 S75° 03' 11"W APN: 55072.0318 L6214.77S0° 17' 00"E EAST LINE L714.00S89° 43' 00"W OF TRACT 99 L836.00S0° 17' 00"E L931.01N75° 03' 11"E L1014.47N75° 03' 11"E L1115.02N14° 56' 42"W 31.01 L12S0° 17' 00"E E " 1 1 ' 3 0 ° ACCESS EASE 5 7 PARCEL 1 P.O.B. L2 N L10 L3 ' ' 3L4 9 L1 9 3 5 . . APN: 55072.0324 L 2 0 L12 3 3 7 7 L6 101' 1 1 9 L8 SEWER & ACCESSS L L7 EASE P.O.B. 74' SEWER & ACCESS 60'30' EASE NORTHWEST CORNER OF TRACT 101 S0° 17' 00"E FLORA RD SEWER & ACCESSS EASE =EASEMENT 60' EASE P.O.B. P.O.B. =POINT OF BEGINNING 30' ACCESS EASE FLORA ROAD PARKSEWER & ACCESS EXHIBIT C EASEMENTS SCALE: 1" =400' PROJECT NO. N/A CHECKED BY:GMR12/19/24 DRAWN BY:JAM12/19/24 February 19, 2025 John Hohman City Manager City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley, WA 99206 RE:Request for Approval of an Exception to Conversion Pre-existing easement extension and re-alignment Flora Road River Trail Property, RCO #20-1308A Dear Mr. Hohman: The Recreation and Conservation Office (RCO) has reviewedthe request for an exception to conversion for extending and re-aligning Spokane County’s existing Sewer & Access Easement that encumbers a portion of the grant-funded property. As noted in the request, the easement re-alignment and extension is needed todevelop the first phase of park improvements. This approval is conditioned on the following: The exception will have no permanent impact onthe intended purpose, use, and function of the project area. The impacted area will be restored when the construction of the easement re-alignment and extension is completed If conditions change regarding the approved exception, please notify Allison Dellwo, Outdoor Grants Manager, immediately so that a determination can be made on the effect on the funded property. If you have any questions, Allison can be reached at Allison.dellwo@rco.wa.gov. Sincerely, Kyle Guzlas Section Manager, Grant Services cc:Allison Dellw, RCO John Botelli, Spokane Valley Glenn Ritter, Spokane Valley FOR IMMEDIATE RELEASE: CONTACTS Date: March 20, 2025 Kelly Conley Communication and Media Manager (509) 822-1846 kelly.conley@SREC911.org Matthew Miko Director of Academics, Research, and Communications matthew.miko@emergencydispatch.org NEWS RELEASE SREC Earns Award for Dispatch Excellence Only one of three agencies in WA State to earn accreditation Spokane, WA – March 20, 2025 – Spokane Regional Emergency Communications (SREC) has been officially recognized as an Accredited Center of Excellence (ACE) for emergency medical dispatching by ®TMnd The International Academies of Emergency Dispatch (IAED). SREC is the 352 Emergency Medical Dispatch Accredited Center in the world and the third center in Washington State. ACE is a prestigious designation that places the agency among the top emergency dispatch centers in the nation. This accreditation confirms that SREC upholds the highest standards of care, follows industry best practices, and consistently delivers exceptional emergency dispatch services to the community. Achieving ACE status required a rigorous evaluation, including comprehensive data collection, detailed performance documentation, and an extensive review of agency protocols. This milestone reflects SREC’s strong culture of teamwork, adaptability, and unwavering commitment to excellence in public safety communications. IAED Accreditation has been a goal for SREC since its inception in 2019. The agency began Emergency Medical Dispatching in 2022. ACE Accreditation reinforces a culture of continuous improvement, ensuring that every call is handled with consistency and care—ultimately leading to better outcomes for those who depend on SREC in times of crisis. IAED is the standard-setting organization for emergency dispatch services worldwide. Accreditation (and subsequent re-accreditation) from the IAED is the highest distinction given to emergency communication centers, certifying that the center is performing at or above the established standards for the industry. Centers who earn ACE status are the embodiment of dispatch done right, and have demonstrated strong local oversight, rigorous quality processes, and a commitment to data-driven continuous improvement. "This achievement is a testament to the dedication and professionalism of our entire team," said Lori Markham, SREC Executive Director. "Through collaboration, adherence to best practices, and a steadfast focus on providing precise, professional, and compassionate emergency response, we have set a new benchmark for excellence. Our Communications Officers in 911 and Dispatch are the first, first responders, and this accreditation affirms their exceptional work in delivering lifesaving assistance every day." “Accreditation is truly a pinnacle achievement”, said Christof Chwojka, Accreditation Board Chair at IAED. “We applaud the dedicated Communications Officers and leadership team at SREC for their commitment to quality, and for meeting that high standard that few achieve. We know their community can count on these first, first responders to do an outstanding job.” IAED will present SREC with an Accreditation plaque that commemorates their achievement. IAED Accreditation is the culmination of a lengthy, arduous process that includes the completion of the 20 Points of Accreditation, a detailed evaluation of performance by industry experts, and a final review and ruling by IAED. Accreditation is valid for a three-year period, during which all standards must be upheld. Emergency communication centers can earn multiple accreditations, one for each emergency discipline they service (medical, fire, police, and emergency nurse triage). Over 3,500 emergency communication centers worldwide use the medical, fire, police, and emergency nurse triage protocols developed and maintained by the IAED. The protocol-based system—known as the TM Priority Dispatch System—is recognized as the standard of care and practice for emergency dispatch and is used in 46 countries. About Spokane Regional Emergency Communications Spokane Regional Emergency Communications (SREC) is a regionalized emergency response communications organization formed in 2018 as a Public Development Authority. Located in Spokane, Washington, SREC serves more than 550,000 citizens throughout the county as the primary PSAP for the region. In addition to answering emergency and non-emergency calls, SREC currently provides Fire and Law Dispatch services to 14 local Fire Protection Authorities and 7 local Law Enforcement Agencies in Spokane County. These services span more than 1,700 miles, and include management of more than 4,900 radios, 23 tower sites, and a backup center. SREC also writes reports for most of the law enforcement agencies in the region. SREC currently employs approximately 140 employees across the organization. SREC’s mission is to get the right resources to the right location with an uncompromising focus on responder and citizen safety. About IAED For more than 40 years, the IAED has been the standard-setting organization for emergency dispatch and response services worldwide and is the leading body of emergency dispatch experts. We are a member-driven association working to serve the public through the professional development of dispatchers. Our various boards and councils work on behalf of the membership—and in coordination with other public safety organizations—to ensure that the comprehensive system of emergency dispatching is as safe, fast, effective, and up to date as possible. ###