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HomeMy WebLinkAbout2025, 02-18 Formal B MeetingMINUTES City of Spokane Valley City Council Meeting Formal B Format Tuesday, February 18, 2025 Mayor Haley called the meeting to order at 6:00 p.m. The meeting was held in person in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Tim Hattenburg, Deputy Mayor Erik Lamb, Deputy City Manager Rod Higgins, Councilmember Chelsie Walls, Finance Director Laura Padden, Councilmember Robert Blegen, Public Works Director Ben Wick, Councilmember John Bottelli, Parks & Rec Director Al Merkel, Councilmember Tony Beattie, Senior Deputy City Attorney Virginia Clough, Legislative Policy Coordinator Dave Ellis, Police Chief Steve Roberge, Planning Manager ABSENT: Adam Jackson, Engineering Manager Jessica Yaeger, Councilmember Erica Amsden, CIP Engineering Manager Rob Lochmiller, CIP Engineering Manager Lori Barlow, Senior Planner Chad Knodel, IT Manager Marci Patterson, City Clerk INVOCATION: PLEDGE OF ALLEGIANCE: Council, staff and the audience stood for the Pledge of Allegiance. ROLL CALL: City Clerk Patterson called roll; all Councilmembers were present except Councilmember Yaeger. It was moved by Councilmember Higgins, seconded and unanimously agreed to excuse Councilmember Yaeger. APPROVAL OF AGENDA It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to approve the agenda. SPECIAL GUESTS/PRESENTATIONS: [W-MITSTWIrl EVO 11NO GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comment. John Harding, Spokane Valley; Mike Dolan, Spokane Valley; Rob Jeffrey, Spokane Valley; Ken Harding, Spokane Valley provided comments on various topics. Councilmember Merkel poised a point of privilege and asked if council could answer the questions. City Manager Hohman asked the clerk to get the citizens contact information to discuss the questions after the meeting. ACTION ITEMS: 1. Motion Consideration: Street and Stormwater Maintenance & Repair Services Contract — Adam Jackson It was moved by Deputy Mayor Hattenburg and seconded to award the Street and Stormwater Maintenance and Repair Services contact to Inland Asphalt, Inc. in an amount not to exceed $1,500, 000 and to authorize the City Manager to finalize and execute the contract. Adam Jackson, Engineering Manager, provided details on the street and stormwater maintenance and repair services contract. Council discussed the equipment Council Meeting Minutes, Study Session: 02-18-2025 Pagel of 5 Approved by Council: 08-26-2025 hours and the quality of work that will be performed and the contracting/bidding process for the services. Mayor Haley invited public comment; no comments were offered. Councilmember Higgins poised a point of order and stated that we have business to conduct and called for the question. Vote by acclamation on the callfor the question: in favor: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Wick, Higgins and Padden. Opposed: Councilmember Merkel. Motion carried. Mayor Haley then called for the vote on the original motion. Vote by acclamation: in fcn,or: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Wick, Higgins and Padden. Opposed: Councilrnember Merkel. Motion carried 2. Motion Consideration: Street Sweeping Services Contract Award— Adam Jackson It was moved by Deputy Mayor Hattenburg and seconded to award the 2025 Street Sweeping Services contract to AAA Sweeping in an amount not to exceed $748, 744.00 and authorize the City Manager to finalize and execute the contract. Adam Jackson, Engineering Manager, provided details on the street sweeping services contract. Council discussed the sweeping areas, if the city pays per sweep and what the deliverables were for the contract. Mayor Haley invited public comment. Mike Dolan, Spokane Valley provided comment. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Wick, Higgins and Padden. Opposed: Councilmember Merkel. Motion carried. 3 Motion Consideration: Potential Grant Opportunity WSDOT Active Transportation Program — Adam Jackson It was moved by Deputy Mayor Hattenburg and seconded to authorize the City Manager or designee to enter into an agreement with WSDOT for the development of an Active Transportation Plan. Adam Jackson, Engineering Manager, provided details on the grant opportunity for a WSDOT Active Transportation Assistance Program. The grant funding would be used to help with the City's Comprehensive Plan's Transportation Elements that include bicycle and pedestrian components that identify long-range plans for bicycle and pedestrian facilities. The plans will need to be updated as part of the Comprehensive Plan update. This WSDOT funding opportunity will support the update of these Comprehensive Plan elements. Mayor Haley invited public comments. Mike Dolan, Spokane Valley; Rob Jeffrey, Spokane Valley; Ben Lund, Spokane Valley provided comment. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Hattenburg Councihnembers Wick, Higgins and Padden. Opposed • Councihuember Merkel. Motion carried 4 Motion Consideration: Contract for Services for Periodic Update of Comp Plan — Steve Roberge It was moved by Deputy Mayor Hattenburg and seconded to authorize the City Manager to sign the contract with Community Attributes Inc. Mr. Roberge provided a brief history and noted that none of the contract had changed since it was last presented to council. Mayor Haley invited public comments; no comments were offered. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Hattenburg, Councihnembers Wick, Higgins and Padden. Opposed: Councilmember Merkel. Motion carried. 5. Motion Consideration: Legal Defense Costs — Kelly Konkright Mayor Haley introduced the item stated that the item specifically pertained to Councilmember Merkel and asked Councilmember Merkel to recuse himself as it was a direct conflict of interest. Councilmember Merkel refused to recuse himself and Mayor Haley stated once more that it was a conflict of interest and that he recuse himself. Councilmember Merkel refused a second time to recuse himself and leave the dais. Mayor Haley asked that Councilmember Merkel's microphone be muted for the duration of the item. It was moved by Deputy Mayor Hattenburg and seconded to (1) find that the Complaint filed with the Washington Superior Court for Spokane County under Case No. 25-2-00710-32 was filed by the City against Councilmember Merkel and claims he is failing to comply with the Washington Public Records Act and the Council's Social Media Policy, and (2) deny Councilrnember Merkel any City funded legal representation in connection with Case No. 25-2-00710-32 pursuant to SVMC 2.70.030(A)(4) and (5). Deputy City Manager Lamb provided details on the social media policy that council adopted as part of the Governance Manual, the hearing examiners decision previously reviewed, the action that was directed by council to be filed at the February 4` meeting compelling Councilmember Merkel to comply with the social media policy and produce all public records created using his personal social media accounts. Mr. Lamb further detailed that the city initiated the court action by filing a summons and complaint that was filed on February I It" and served on Council Meeting Minutes, Study Session: 02-18-2025 Page 2 of 5 Approved by Council: 08-26-2025 Councilmember Merkel on the same day. The SVMC provides language regarding how council can determine how to proceed with funding or not funding the legal defense for the councilmember. Mr. Lamb detailed the process and what would prohibit council from having the city fund the legal costs for the councilmember. Council did not have any additional questions. Mayor Haley invited public comment. Mike Dolan, Spokane Valley; Don Buehler, Spokane Valley; Ben Lund, Spokane Valley; Joseph Ghodsee, Spokane Valley provided comments. Councilmember Wick noted that this is a clear line and we have a law that states what we need to do. City Manager Hohman detailed that we have spoken about this pattern of behavior for 14 months and there are so many other things we should be doing right now and that Councilmember Merkel should just be transparent and produce the records as requested of him. Mayor Haley noted that part of the issue is that the public has been misdirected and that public records should be easy to produce and it's what the citizens deserve and what they should get. Vote by acclamation: infavor: Mayor Haley, Deputy Mayor Hattenburg, Councihnembers Wick, Higgins and Padden. Opposed: None. Motion carried NON -ACTION ITEMS 6 Admin Report: Interlocal Agreement with Spokane Counter Spokane Regional Stormwater Manual Update (SRSM) - Adam Jackson Prior to Mr. Jackson beginning his presentation, Councilmember Merkel poised a point of order and stated that he wanted his mic back on. Staff noted that his microphone had already been turned back on. Councihnember Merkel then poised another point of order and stated that he heard Councilmember Higgins making comments during the public comment of the previous action item and wanted Councilmember Higgins to say it again. Councilmember Higgins stated that he had no idea what Councilmember Merkel was speaking about. Deputy Mayor Hattenburg noted that this was a topic that could be spoken about in councilmember comments. Mayor Haley noted that she was disagreeing with the point of order and that Councilmember Higgins didn't need to respond to the request. Councilmember Merkel appealed the ruling. Mayor Haley asked for a vote on requiring Councilmember Higgins to try to recall what he said and repeat it. Vote by acclamation: in favor: Councilmember Merkel. Opposed: Mayor Haley, Deputy Mayor Hattenburg, Councihnembers Wick, Higgins and Padden. Motion carried. Mr. Jackson provided a background on the stormwater system for the city and provided details on the interlocal with Spokane County that included contracting with a stormwater consultant to evaluate the existing SRSM against new permit requirements and complete the necessary update to the SRSM. The ILA has been drafted and agreed upon by City and County staff. Spokane County has identified a consultant through its selection process. A scope of work document is also attached to this document. The ILA specifies that the City and County are partners in the ILA and agree to share costs 50/50. The proposed scope and contract amount is not to exceed a total of $160,382. Split equally, it results in a City share of $80,191. The Stormwater Utility budget (Fund 402) has sufficient funds to cover the cost of this effort. Councilmember Merkel questioned when the city came out of compliance and Mr. Jackson stated that we are still in compliance and Councilmember Wick noted that we need to do items like this as a region when possible. Council provided consensus to return with a motion consideration at a later meeting date. 7. Admin Resort: Proposed STV-2025-0001 — Lori Barlow Ms. Barlow provided details on the proposed street vacation and the need for the resolution and the public hearing. Ms. Barlow also detailed the location of the requested street vacation as Appleway Ave between Long Rd and Greenacres Rd and noted that the total area requested to be vacated is approximately 4, 068 square feet. Council discussed who would be responsible for the costs associated with the street vacation and if there were any structures in the way of the requested vacation portion. Council provided consensus to proceed with the resolution and the public hearing. Mayor Haley called for a recess at 7: 25prn for 10 minutes and that the meeting would resume at 7:35pm. 8 Admin Report: 2025 Capital Improvement Projects — Erica Amsden Robert Lochmiller Mr. Lochmiller and Ms. Amsden provided a PowerPoint presentation that included details on multiple projects that are coming up this year that included the Greenacres Park - Phase 2, Barker Road improvements, Wellesley Ave preservation project, Sullivan Park Waterline, Sprague Pedestrian crossings, Thorpe Bridge Council Meeting Minutes, Study Session: 02-18-2025 Page 3 of 5 Approved by Council: 08-26-2025 - superstructure replacement, citywide reflective backplates, Sprague Ave preservation project - Bowdish to McDonald, and Pines Rd BNSF Grade Separation. Council discussed various aspects of the projects and when each of these projects would take place and what the efforts would be to inform the public of the projects. 9. Admin Report: ARPA Funding Camera Update — Chief Ellis, Erik Lamb Mr. Lamb provided details with a PowerPoint presentation on the ARPA camera project funding that included funding background, park camera project, and license plate reader project. Mr. Lamb went into detail on the proposed projects, what parks would have cameras added for additional security functions, the cost analysis for the addition of the cameras, the project breakdown of the available budget funding, the higher need in certain parks, ingoing review of the locations, and provided reasons that this is considered a pilot project. Council discussed the camera monitoring and the lifespan of the cameras and equipment and the overall cost of the cameras. Council provided consensus to move forward with a motion consideration for the camera purchases and placement of the cameras and the three-year pilot project. Chief Ellis provided details on the plate readers and the privacy considerations and policies, the successes and project costs, how the reader works and what it captures when it reads the license. He also noted the data behind the readers, what is prohibited with the plate readers and software, what the software does offer and what it will not do. He detailed the successes of the readers, the detailed costs and current locations of the readers in the state. Council provided consensus to move forward with motion consideration for the funding and five-year pilot project for the ALPR camera project. 10. Admin Report: Budget & Finance Overview Part 1 — Chelsie Walls Ms. Walls presented a detailed PowerPoint on the budget and finance overview that included the governmental budgeting, calendar and requirements, the 2026 budget calendar, the budgeting, accounting and reporting system, budget requirements, the minimum fund balance requirements, staff responsibilities for budget, budget functions, budget responsibilities for council and noted that the winter workshop is March 10"'. She noted that this was a high level overview of the budget and financial information. GENERAL PUBLIC COMMENT OPPORTUNITY: Mayor Haley stated that the general public comment rules still apply and called for public comments. Joseph Ghodsee, Spokane Valley provided comments. COUNCIL COMMENTS Councilmember Merkel spoke about the recent legislative report and a legislative strategy that did not include HB 1934 that he believes is targeted directly at him. He also believes in his opinion that he has submitted all the records that he has and that nothing is a public record in his opinion. He spoke about the ARPA funding. Councilmember Wick spoke about current bills in the legislative session and that there are over 1,800 current bills, the number of officers per capita in WA State and the need for more to even get to the national average, and the grant funding in the state and the state budget. Councilmember Higgins spoke about earlier comments from the dais and spoke about someone being a lawyer and suggesting unsolicited legal advice and thought the content of what he was suggesting was detrimental to the city and hying to solicit business as an ambulance chaser. Councilmember Merkel poised a point of order and stated decorum and a baseless accusation and total character assassination of a member of the public and I would like these comments to be retracted. Mayor Haley noted that retracting a statement is not a point of order and noted that the point is not taken. Councilmember Merkel appealed the ruling and the appeal died for a lack of a second. Councilmember Higgins noted that at this point, we at council have received a letter a while ago and read a letter into the record. Councilmember Merkel poised another point of order and said this is directed right at me and again this is decorum. Mayor Haley stated that his point is not taken. Councilmember Merkel continued to speak out of turn and argue with Mayor Haley at which time she told him to be quiet or she would turn off his mic. Councilmember Merkel said turn off my mic, go ahead, another silence and continued to argue. Mayor Haley asked that his mic be muted. Mayor Haley spoke about HB 1934 and noted that it was intended to protect employees that have been harassed and chose to speak out. Council Meeting Minutes, Study Session: 02-18-2025 Page 4 of 5 Approved by Council: 08-26-2025 Deputy Mayor Hattenburg spoke about ARPA funding and also spoke about a human trafficking issue and a license plate reader that helped to track down the vehicle involved in the case. CITY MANAGER COMMENTS Mr. Hohman spoke about HB 1934 and the public records act. He noted that he is not sure what else to say and that it could be over if the Councilmember would just produce the records. The city does not have full access to the personal accounts, and he is choosing to drag this on and we could all move on if the records were provided. The lack of compliance is what continues to bring this forward and it takes away from the positive things we are working on. Mr. Hohman continued and noted that we do have a full schedule for the March 411 workshop and that we spent time on a strategic plan last year and this year we are covering quite a few topics. The workshop will start here at 8:30am and the public is welcome, but there will be no public comments. It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to adjourn. The meeting was adjourned at 8:51 p.m. ATTEST: hNig I Pt4-RA Mar ' Patterson, City Clerk Pam Haley, ayor Council Meeting Minutes, Study Session: 02-18-2025 Approved by Council: 08-26-2025 Page 5 of 5 PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, February 18, 2025 6:00 p.m. GENERAL PUBLIC COMMENT OPPORTUNITY #2 Please sign up to speak for up to THREE minutes and the Mayor will afford the public the opportunity to speak. The public comment opportunity is limited to a maximum of 45 minutes. You may only speak at one of the comment opportunities, not at both public comment opportunities. NAME TOPIC YOU WILL SPEAK PLEASE PRINT ABOUT YOUR CITY OF RESIDENCE Please note that once information is entered on this form, it becomes a public record subject to public disclosure. Spokane jValley- Memorandum 10210 E Sprague Avenue ❑ Spokane Valley WA 99206 Phone: (509) 720-5000 ❑ www.SpokaneValleyWA.gov To: Mayor and City Council From: Virginia Clough, Legislative Policy Coordinator Date: February 18, 2025 Re: Gordon Thomas Honeywell — Government Relations Legislative Report — Feb. 16, 2025 Please find attached Gordon Thomas Honeywell's legislative report that recaps week five of the session and provides additional updates on a multitude of bills that fall under our legislative priorities. So far, 1,800 bills have been introduced and this Friday is the cutoff for bills to advance out of their policy committee. This week's report includes updates on HB 1921, the Road Usage Charge (RUC), the Governor's memo to state agencies to identify budget reductions and the state's response to President Trump's executive orders and federal funding impacts. Last week, we signed in on 18 bills and did not provide any testimony as two hearings were removed from the schedule. So far this session, we have signed in or testified on 62 bills and reviewed and provided feedback on at least two dozen additional bills. One correction to last week's memo, through week 4 we had signed in or testified on 44 bills, not 58. That number included several bills we tracked but did not engage on. Briahna provided an update today, not included in the written report, that HB 1260 (Administrative Costs with the Document Recording Fee) is now on the House floor calendar. The House can vote on it any day, although it will likely be some time next week. The week of Feb. 17-21, we have signed in on 16 bills including providing testimony in support of HB 1969 regarding law enforcement aviation support, HB 1934 regarding employment investigations/Public Records Act and HB 1095, incentivizing cities and counties to attract and retain commissioned law enforcement officers. We are still reviewing more bills scheduled for hearings later in the week. February 21, 2025 February 28, 2025 March 12, 2025 April 2, 2025 April 8, 2025 April 16, 2025 April 27, 2025 Weekly Overview GORDON THOMAS HONEYWELL GOVERMENT RELATIONS City of Spokane Valley Legislative Report February 16, 2025 SESSION CUTOFF CALENDAR Policy Committee Deadline Fiscal Committee Deadline Chamber -of -Origin Deadline Opposite Chamber Policy Committee Deadline Opposite Chamber Fiscal Committee Deadline Opposite Chamber Deadline Session adiourns - Sine Die As the Legislature nears its first cutoff deadline, over 1,800 bills have been introduced. This past week, there were public hearings on high -profile issues, including lifting the 1% cap on property tax levy growth and the implementation of a Road Usage Charge. Bills need to be approved by a policy committee this Friday, February 21 to remain under consideration. Fiscal committees are planning to meet over the weekend to consider bills prior to the fiscal committee cutoff deadline of February 28. In January, Governor Ferguson sent a memo to state agencies to identify budget reductions to address the over $10 billion budget shortfall the state faces over the next four years. Although official budget reductions have not been made public, the Office of Financial Management has released to the Washington Standard the reduction targets for state agencies, which would save approximately $1.8 billion over the next biennium. Nearly every state agency was asked to cut 6 percent of their budget, with a few exceptions. Colleges and universities were asked to propose a 3 percent cut, whereas the Washington State Patrol, the Department of Corrections, and the Office of Superintendent of Public Instruction were not asked to propose any reductions. Once released, the official budget reductions will inform how the Legislature chooses to balance its Operating Budget. On February 13, Governor Ferguson held a press conference to discuss the state's response to President Trump's executive orders and provide an update on federal funding impacts. In the GTH-GOV 1 last fiscal year, the state received $27 billion in federal funding, which is one-third of the state's budget. Although changing by the day, the Governor's office is aware of $162 million of federal funding that is currently frozen. The Governor made it clear that they will continue to fight to maintain the funding that the state has secured. The Association of Washington Cities (AWC) is hard at work advocating for its members. As such, we will continue to share their resources in addition to the city's tailored reporting. We encourage you to reference the AWC Legislative Bulletin which is posted online weekly and includes updates on hot -topic bills related to cities and how AWC plans to weigh in. L e;is�a� ve 12\\,, Ctro,61a G11,e4u: ,,s Capital Budget Request: Spokane Valley Sport Courts The City is requesting $800,000 from the capital budget for the construction of the sports courts at Balfour Park. The sports courts will include two basketball courts and four pickleball courts. Sen. Leonard Christian and Rep. Rob Chase will take the lead on submitting this request, with Rep. Suzanne Schmidt supporting. Transportation: Rep. Jake Fey, Chair of the House Transportation Committee, shared the latest on budget discussions this week. He has been working with Rep. Andrew Barkis, Ranking Member on the House Transportation Committee, to identify budget cuts to address the $1 billion shortfall in the 2025-27 Transportation Budget. He shared that maintenance and preservation, and culvert obligations are the only expenditures that are not being considered for cuts. The exercise has highlighted the need for new revenue and the goal is to reach a bipartisan agreement. If new revenue is identified, he indicated it would not be funding new projects. It's important to note that this is the House perspective on the budget; the Senate may be taking a different approach. ri 1leIr F e1'j ccy 11'sS,q,1eS Fiscal i' 9anag hiilen� Cost Recovery for Property Tax Collection: House Bill 1042, sponsored by Rep. Sharon Wylie (D-49th LD), permits county treasurers to set a cost recovery fee for collecting property tax revenues for local jurisdictions. The proposed fee is capped at 1 percent for jurisdictions located in larger counties and 2 percent for jurisdictions located in smaller counties, with the first $50,000 of a jurisdiction's collections excluded. The bill was heard in the House Finance Committee on Februan/ 13. The city signed in opposition to the bill. At the hearing, the Association of County Officials and two county treasurers testified in support of the bill, sharing that the legislature authorizes cost recovery for other public services and county treasurers offer property tax collection services without payment. The Association of Washington Cities testified in opposition, recognizing the financial challenges counties are facing but noting that city residents already pay taxes to cover county services, so this proposal results in double taxation. School districts, the Washington Public Ports Association, public libraries, hospitals, and Washington Fire Chiefs also testified in opposition to the bill. OTH-OOV 2 Property Tax Limits: House Bill 1334, sponsored by Rep. Gerry Pollet (D-46th LD), changes property tax levy growth limits by replacing the 1 percent limit with inflation and population changes, with a cap of 3 percent. The bill was heard in the House Finance Committee on February 11. The Committee heard supporting testimony from many stakeholders including the many individual cities, and the Association of Washington Cities, in addition to others. They expressed support for the bill because revenue growth cannot keep pace with costs resulting in extensive cuts to essential services. Providing cities with the option to increase property tax would mean not relying on increases in sales and utility taxes. The Building Industry Association of Washington and the Association of Washington Business testified against the bill, stating that this would be a major hit to housing affordability and that taxpayer money could be spent much more effectively elsewhere. The Seattle Times covered the hearing; click here to read the article. Real Estate Excise Tax (REET) Proposals: The House Finance Committee held public hearings on various BEET proposals on February 13. Local Option BEET: House Bill 1867, sponsored by Rep. Alex Ramel (D-40th LD), allows counties or cities to impose a .05 local BEET for the purpose of developing affordable housing, subject to voter approval; San Juan County currently has this authority; this bill would expand the authority to counties and cities throughout the state. The bill was heard in the House Finance Committee on February 13. During the hearing, several advocates, including the Association of Washington Cities, the Washington Low Income Housing Alliance, and the Washington State Association of Counties, testified in support of the legislation, emphasizing the need for 1.2 million affordable homes over the next decade. On the other hand, Washington Realtors and the Building Industry Association of Washington (BIAW) opposed the legislation. They pointed out that this bill would double the current REET, making it one of the highest in the country. They argued that this approach would not make housing more affordable but rather more expensive and suggested exploring other local revenue sources first. Real Estate Excise Tax (REET) Flexibility: House Bill 1791, sponsored by Rep. Dave Paul (D-10th LD), increases flexibility by allowing the greater of $100,000 or 35 percent of REET funds to be used for maintenance and operations of existing capital projects, including affordable housing, without prior caps or restrictive reporting requirements. The House Finance Committee held a public hearing on February 1s. The city signed in support of the bill. During the hearing, the Association of Washington Cities, Washington State Association of Counties, and multiple city officials, testified in support highlighting that the bill enhances local government flexibility by allowing existing revenues to be used for essential services like law enforcement, fire protection, and affordable housing. They emphasize that the bill corrects inconsistencies between REET 1 and REET 2, removes bureaucratic barriers, particularly for smaller communities, and extends the timelines for critical infrastructure and housing projects. The Washington Realtors testified as "other", raising concerns about ensuring REET funds remain dedicated to core infrastructure such as roads and water systems rather than being GTH-GOV 3 diverted to broader uses, but also indicating that some version of the bill could be acceptable. Real Estate Excise Tax (REST) for Regional Affordable Housing: House Bill 1694, sponsored by Rep. My-Linh Thai (D-41st LID), expands the allowable uses of REET revenues by permitting cities and counties to fund homelessness and affordable housing projects through interlocal collaborations. The bill makes permanent the authorization for using these funds for facilities related to homelessness and affordable housing, removes prior sunset provisions, and clarifies annual funding limits. The bill was heard in the I -louse Finance Committee on February 13. The city signed in support of the bill. The Association of Washington Cities, Washington State Association of Counties and City of Newcastle testified in support of the proposal, noting the value of allowing REST to be used on regional affordable housing projects. Realtors expressed some concern with broadening allowable uses of REET but expressed willingness to work with the proponents and sponsor on a path forward. Road Usage Charges: House Bill 1921, sponsored by Rep. Jake Fey (D-27) and Senate Bill 5726, sponsored by Sen. Bill Ramos (D-5), establishes a road usage charge (RUC) system. The bill outlines a phased approach, beginning with a voluntary RUC program for electric and hybrid vehicles in 2027 and expanding to internal combustion engine vehicles with higher fuel efficiency by 2029. A mandatory RUC program. follows, starting in 2029, with a per -mile fee of 2.6 cents, adjusted with fuel tax changes, and includes a 10 percent surcharge to fund multimodal transportation projects. Privacy protections limit the collection of personally identifying information to what is necessary for fee calculation. The Mouse Transportation Committee held a public hearing on February 13. Before the hearing began, the Washington State Transportation Commission provided a presentation on the Road Usage Charge. Click 6r to view the presentation. There were 123 people signed up to testify, with a mix of those in support and those in opposition. Supporters argued that the RUC system is necessary to maintain and preserve the state's transportation infrastructure, ensuring fair contributions from all vehicle types, including fuel -efficient and electric vehicles that currently contribute less through fuel taxes. Revenue sharing with local governments and reinvestment in road maintenance and safety improvements are key priorities. Organizations such as the Association of Washington Cities, County Road Administrative Board, Washington Trucking Association, and Port Association testified in support of the bill. Opponents, however, raised concerns about privacy, administrative complexity, and financial burdens on lower -income residents and specific industries like food delivery. Critics also argue that heavier electric vehicles cause more road damage and that diverting RUC revenue to non -road programs, such as public transit and bike infrastructure, could strain maintenance funding. Auto dealers, gig economy workers, and taxpayer advocacy groups express reservations about implementation challenges and fairness. The debate highlights the challenge of transitioning from a gas tax -based system while balancing equity, infrastructure needs, and economic feasibility. The Senate Transportation Committee will hold a public hearing on Senate Bill 5726 on February 18. __ 4 Housing Affordability Rent Stability: Senate Bill 522,�,_, sponsored by Sen. Yasmin Trudeau (D-27th LD), and House Bill sponsored by Rep. Emily Alvarado (D-34th LD), cap annual rent and fee increases at 7 percent. Both bills require landlords to provide 180 days' notice for increases of 3 percent or more, allow tenants to terminate leases without penalty if rent increases exceed legal limits, and declare violations as unfair or deceptive acts under the Consumer Protection Act. A substitute version of House Bill 1217 passed out of the House Appropriations Committee on a party -line vote, with one outlying Democrat voting without recommendation. Click{ 1 :[ e to view the list of minor changes made to the bill. The bill will advance to the House floor for a vote by the entire chamber next. Senate Bill 5222 is scheduled to be voted on by the Senate Housing Committee on February 19. Homelessness Regulation Framework: House Bill 1380, sponsored by Rep. Mia Gregerson (D- 33rd LD), requires local laws regulating activities like sitting, lying, or sleeping outdoors to be objectively reasonable in terms of time, place, and manner, with special consideration given to the impact on homeless individuals. It allows individuals to challenge such laws in court and assert an affirmative defense if the regulations are not reasonable, while explicitly prohibiting claims for monetary damages. The bill was previously approved by the House Housing Committee and was heard in the House Appropriations Committee on February 12. The city signed in opposed to the bill. During the hearing, several individual cities as well as the Association of Washington Cities testified in opposition, emphasizing that this bill does not create solutions for those who are unhoused, and will result in costly litigation that could otherwise be dedicated to homelessness services. The City of Port Angeles, Washington Low Income Housing Alliance, and others testified in support of the bill arguing that local governments keep passing ordinances that worsen the homelessness problem and penalizing poverty is not a solution to this crisis. Affordable Housing on Religious Properties: House Bill 1859, sponsored by Rep. Osman Salahuddin (D-48th LD), allows cities the option to adjust the requirement for affordable housing developments on religious properties from 100 percent of units being affordable to low-income households to a minimum of 20 percent. The House Housing Committee held a public hearing on February 13. Faith Action Network, Proclaim Liberty, and the Muslim Association of Puget Sound testified in support of the bill because it takes advantage of underutilized land to increase desperately needed affordable housing. The Association of Washington Counties testified "other," stating that, with additional appropriated funds included to comply with the bill, it can be an effective tool to aid housing development. The bill has been scheduled to be voted on by the House Housing Committee on February 20. County Housing Report: Senate Bill 5587, sponsored by Sen. Annette Cleveland (D-49th LD), requires counties to prioritize affordable housing developments if they fail to meet housing needs. As originally introduced, the bill included several mandates. However, the Senate Housing Committee approved an amended version of the bill that requires the biennial housing report from the Washington Center for Real Estate Research to include an analysis of estimated GTH-GOV 5 existing housing units and needs and county progress toward meeting those needs. It also directs the Public Works Board to prioritize projects that encourage infill development. Local E��i�icr��6`��J�C3iW lryt[ticUid�y Lot Splitting: House Bill 1096, sponsored by Rep. Andrew Barkis (R-2nd LD), mandates that cities integrate administrative approval of lot splits into short plat regulations in a manner that allows an applicant to get approval of a lot split and a residential building permit simultaneously. The bill was previously approved by the House Housing Committee and this past week was heard in the I -louse Appropriations Committee. Washington Realtors, NAIOP Washington State, Master Builders Association of King and Snohomish Counties, and the Building Industry Association of Washington testified in support of the bill because it will increase middle housing development and reduce costs of limited land supply. Mercer Island testified against the bill, stating that the bill encourages reckless development in critical areas and does not help housing goals. The Association of Washington Cities and the City of Covington testified "other," noting that minor changes are needed to the bill, and that the state needs to allocate funding and an appropriate timeline for implementation. Supportive Housing Permitting: House Bill 1195, sponsored by Rep. Strom Peterson (D-21st LD), and Senate Bill 5497, sponsored by Sen. Emily Alvarado (D-34th LD), require cities to approve permit applications for shelters located in residential zones through an administrative process. Both bills empower the Department of Commerce to resolve disputes, enforce compliance, and impose penalties on local governments that fail to comply with corrective actions. The House version of the bill was heard in the House Appropriations Committee on February 12. King County, Futurewise, and others testified in support of the bill because it ensures local governments address the housing crisis in their communities. The Association of Washington Cities testified in opposition to the bill, stating that the resolution process needs more work before moving forward. A stakeholder meeting was held on the bill after the public hearing. During the meeting, bill proponents indicated that the goal of the proposal is to allow shelters in more residential areas. The bill's sponsor is exploring different ways to accomplish this goal, which may include narrowing the dispute resolution process to only those scenarios where a local ordinance varies from guidance offered by the Department of Commerce or statutorily defining the reasonable occupancy, spacing, and other- limitations that cities may place on shelters. Environmental Justice Integration: House Bill 1303, sponsored by Rep. Sharlett Mena (D-29th LD), and Senate Bill 5380, sponsored by Sen. Liz Lovelett, mandate the integration of environmental justice considerations into decision -making for projects. The House Environment & Energy Committee advanced a significantly narrowed version of the bill on February 11. As amended, the bill directs the Department of Ecology to add environmental justice to the SEPA checklist and directs environmental justice to be considered in the same manner as other elements of the environment under the SEPA process. The Senate version of the bill is scheduled for a hearing this week. T _ 6 Child Care Facilities: Senate Bill 5655, sponsored by Sen. Deborah Krishnadasan (D-26th LD), and House Bill 1582, sponsored by Rep. Michelle Caldier (R-26th LD), facilitates the use of existing multi -use buildings, such as churches, for child care services by modifying how occupancy loads are calculated under building and fire safety codes. The bill requires that occupancy loads in multi -use buildings be calculated solely based on the areas used for child care services, reducing regulatory barriers for repurposing such spaces. These changes apply to both building code enforcement under Chapter 19.27 RCW and licensing standards under RCW 43.216.265, aligning fire safety and licensing requirements with the new calculation method. Senate Bill 5655 was heard in the Senate Early Learning & K-12 Education Committee on February 12. The Pierce County Fire Prevention Bureau, Key Peninsula Preschool and South Sound Military and Communities Partnership testified in support. There was no testimony in opposition to the bill. Senate Bill 5655 is scheduled to be voted on by the committee on February 18. House Bill 1582 was voted out of committee on February 14 with no amendments. Transit -Oriented Development Incentives: There are two different proposals around Transit - Oriented Development being considered this session that are likely to be combined into one this session: Mandated Incentives: Senate Bill 5604, sponsored by Sen. Marko Was (D-21st LD), creates a mandatory 20-year property tax exemption for projects within a half -mile of major transit stops that dedicate at least 20 percent of units as affordable housing, with affordability requirements varying based on income levels and unit size. It also provides a mandatory 50 percent reduction in impact fees, applies the lowest state real estate excise tax rate to qualifying properties (no impact to local REET collection), and expands the sales and use tax deferral program to include new multifamily housing in transit - oriented development areas. The bill was heard in the Senate Housing Committee on February 12. The city signed in "other" in alignment with the Association of Washington Cities testimony. During the hearing, the Washington Realtors, Microsoft, the Washington Roundtable, the Association of Washington Business, Seattle Metropolitan Chamber of Commerce, Bellevue Chamber of Commerce, Sightline, and Futurewise testified in support of the bill. Comments encouraged giving developers incentives to build in transit -oriented areas. Several comments focused on a willingness to combine SB 5604 with HB 1491, which was approved by the House Housing Committee this week. AWC testified "other" noting that stacking incentives are positive; however, by making the incentives mandatory there is the potential for cities to experience a reduction in revenues. In particular, the reduction in impact fees could significantly reduce funds available for school and park infrastructure. The City of Lynnwood testified and emphasized the potential fiscal impacts if all the incentives are mandated and asked for flexibility to choose from the list of incentives in the bill. Mandated Zoning: House Bill 1491, sponsored by Rep. Julia Reed (D-36th LD), mandates higher -density residential and mixed -use development near major transit stops to promote transit -oriented development (TOD). The bill requires cities to adopt regulations facilitating TOD in designated "station areas," including minimum floor area GTH-GOV 7 ratios and affordable housing requirements. It preempts local restrictions, limits parking mandates, and provides exemptions from the State Environmental Policy Act for qualifying developments. A substitute version of the bill passed out of committee with an amendment. Click h3 r:_ to view the list of changes. The amendment establishes a new 20-year property tax exemption on the value of housing -related improvements for a multifamily building that meets the transit -oriented development affordability requirements and existing multifamily property tax exemption (MFTE) program requirements. It requires a city with a station area to adopt standards and procedures to implement the new MFTE and approve an exemption for qualifying buildings. Cultural Resource Protections: Senate Bill 5609, sponsored by Sen. Claudia Kauffman (D-47th LD), establishes new requirements to protect cultural resources for land use decisions that are categorically exempt from State Environmental Policy Act (SEPA) review. The bill mandates that local governments must have a data -sharing agreement with the Department of Archaeology and Historic Preservation (DAHP), a local ordinance or cultural resource management plan approved by DAHP, and a written consultation agreement with affected federally recognized tribes. Additionally, DAHP is tasked with developing minimum standards for local ordinances to ensure consistent and adequate protection of archaeological and historic properties. These provisions apply to exemptions for infill development, planned actions, and other categorical exemptions established by rule or statute. Housing Permit Vesting: Senate Bill 5615, sponsored by Sen. Jesse Salomon (D-32nd LD), establishes rules for vesting residential housing projects based on the zoning and land use regulations in effect at the time a fully completed project permit application is submitted. Local jurisdictions are authorized to define what constitutes a fully completed application and may pause application processing for unpaid fees or unposted notices without invalidating the application. The bill ensures that the State Environmental Policy Act (SEPA) conditions under Chapter 43.21C RCW remain applicable and unaffected by these provisions. This measure applies to residential housing projects located within urban growth areas as designated under RCW 36.70A.110. The Senate Housing Committee held a public hearing on February 12. At the hearing, the sponsor indicated that he introduced the bill to begin a conversation on vesting. The BIAW, MBA, WA Realtors, and NAIOP testified in support of the bill noting that it would create greater certainty and predictability for home builders. The bill would expand vesting laws that currently apply to building permits and subdivisions to other land use codes (setbacks, design standards, and zoning). Because current vesting does not apply until building permit, a developer may spend time and money submitting a site plan permit, conditional use permit, or other land use permits; however, the project does not vest at that point. The goal is not to vest to technical codes (building and fire codes). Futurewise and the Association of Washington Cities (AWC) testified in opposition. AWC commented that vesting is a complicated and nuanced area of law and that the current language is unclear and will not provide the certainty proponents are looking for; the Association is open to adjusting when vesting applies but the language needs to be clear and as currently drafted it is far from it. Futurewise noted that if projects vest with current laws and then changes to land use controls are made to address environmental impacts, then projects would proceed forward without those environmental GTH-GOO 8 protections. The bill is not expected to advance this session. Miscellaneous Clean Buildings Compliance: At the request of the Department of Commerce, House Bill 1543, sponsored by Rep. Beth Doglio (D-22nd LD), and Senate Bill 5514, sponsored by Sen. Sharon Shewmake (D-42nd LD), expand compliance options for building owners under Washington's clean buildings performance standards. The bill allows the Department of Commerce to develop alternative metrics for energy use and greenhouse gas emissions, alongside existing energy use intensity (EUI) targets, and provides conditional compliance pathways for building owners who meet these alternative metrics. It also permits extensions for compliance deadlines under extenuating circumstances, ensures that energy efficiency requirements do not compromise the integrity of historic buildings, and prioritizes campus district energy systems that achieve greater energy savings. Senate Bill 5514 was heard in the Senate Environment, Energy & Technology Committee on February 12. The city signed in support of the bill. The Department of Commerce, the Association of Washington Business, and the Issaquah School District testified in support of the bill. The House version of the bill was amended and approved by the House Environment & Energy Committee and is in the Rules Committee. The amended version clarifies porvisions related to Tier 1 covered buildings. Comprehensive Plan Deadlines: House Bill 1700, sponsored by Rep. Mike Volz (R-6th LD), provides a six-month extension for local governments to complete their comprehensive plan updates under the Growth Management Act. The bill adjusts the deadline for Benton, Chelan, Cowlitz, Douglas, Franklin, Kittitas, Skamania, Spokane, Walla Walla, and Yakima counties (and the cities within them) from June 30, 2026, to December 31, 2026, with subsequent updates due every 10 years. The bill was heard in the House Local Government Committee on February ;, . The city signed in support of the bill. The Committee heard supporting testimony from City of Pasco and City of Spokane. They expressed support for the bill because it would allow them more time for community engagement, prevent rushed decisions, and set them up for success with their comprehensive planning. Futurewise testified "other," stating that the bill needs technical changes that address timeline discrepancies and provide further parameters. There was no testimony in opposition. A similar proposal in the Senate is making headway as well. The Senate Local Government Committee approved an amended version of Senate Bill 5556. Click here to view a list of changes made to the bill. Notably, the amended version does not provide additional time to implement development regulations related to middle housing provisions (effectively requiring those codes to be enacted at the same time as the comprehensive plan) Email Subscribers to Newsletters PRA Exemption: Senate Bill 5707, sponsored by Sen. Shelly Short (R-7), and House Bill 1765, sponsored by Rep. Tarra Simmons (D-23) exempt email addresses provided to local agencies for subscription -based communications, such as newsletters, from public disclosure under the Public Records Act. The House State Government & Tribal Relations Committee held a public hearing on House Bill 1765 on February 12. During the hearing, the Association of Washington Cities and the City of Bainbridge Island testified in support of the bill, highlighting that building trust with the community is important and the GTH-GOV 9 disclosure of email addresses to interest groups who misuse them breaks that trust. Bainbridge Island shared a specific scenario where the email addresses for the city's weekly newsletter were requested by a political candidate and used to target political materials. The Coalition for Open Government testified in opposition, indicating that the scenario that occurred in Bainbridge Island does not warrant creating an exemption for disclosure through the Public Records Act. Subdivision Process Rewrite: House Bill 181€, sponsored by Rep. Joshua Penner (R-31st LD), rewrites the subdivision code. Key provisions include administrative lot splits, streamlined public notice and comment periods, and the requirement that final plats be approved administratively if they meet preliminary conditions. The House Local Government Committee held a public hearing on February 11. Individual cities and the Master Builders Association of King and Snohomish Counties testified in support of the bill, stating that a streamlined, singular process for subdivisions will eliminate confusion, reduce delays for housing development, and allow the public more time to engage and provide comments during the notice of application process. Washington State Association of Counties, American Planning Association, Futurewise, and the Association of Washington Cities testified "other," highlighting a series of concerns regarding timelines, increased funding needs, and additional technical changes. Two proposals are being considered in the Senate that are similar. Senate Bill 5559, sponsored by Sen. Liz Lovelett (D-40th LD), aims to streamline the subdivision process by establishing a framework for "unit lot subdivisions." The bill passed out of the Senate Local Government Committee with no amendments. Senate Bill 5633, sponsored by Sen. Liz Lovelett (D-40th LD), is a 40-page rewrite of the subdivision code. It is scheduled for a hearing this week but it not expected to advance prior to the committee cutoff deadline. Impact Fee Deferrals: Senate Bill 5614, sponsored by Sen. Jesse Salomon (D-32nd LD), revises the framework for deferring impact fees for single-family residential construction by replacing the existing lien system with a promissory note requirement. The bill also states that the jurisdiction must charge the impact fee rate in place when a building permit application is submitted. The bill was heard in the Senate Housing Committee on February 12. When introducing the bill during the hearing, the sponsor outlined that the bill stems from a JLARC study which indicated that a promissory note works better than a lien and that the bill is designed to help small home builders get financing. NAIOP testified in support of the bill, specifically noting appreciation for locking in the impact fee rate upon building permit application. The Washington State Association of Counties (WSAC) and the Association of Washington Cities (AWC) testified in opposition to the bill. WSAC testified that utilizing promissory notes would be administratively challenging and is potentially unconstitutional. AWC indicated support for removing the lien and promissory note process altogether and expressed concerns regarding the concept of locking in the impact fee at building permit application. Impact fees have to be tied to the proportional impact a development will have on infrastructure. If those costs increase and the impact fee does not, there will be less funding available for infrastructure. The Building Industry Association of Washington also testified with concerns that school impact fees were'not included in the bill and requested removing the promissory note mechanism. The bill is not scheduled to be voted on prior to the February 21 G I-C 8=0 0V 10 policy committee cutoff deadline. NgUic Safet�f 0. Behavioi,al Health Attorney General Investigations of Police Agencies: Senate Bill 5066, sponsored by Sen. Drew Hansen (D-23rd LD), and House Bill 1056, sponsored by Rep. Darya Farivar (D-46th LD), authorize the Attorney General to initiate investigations into police agencies for violations of the law where the agency has insufficient accountability systems, training, or policies that lead to violations. Both bills require the development of a model policy for law enforcement accountability systems by September 1, 2026. House Bill 1056 was heard in the House Civil Rights & Judiciary Committee on February 11 where the Association of Washington Cities, the Association of Sheriffs & Police Chiefs, and the Council of Police and Sheriffs testified in opposition. The Coalition for Police Accountability, Criminal Defense Lawyers, WA Defender Association, and several others testified in support of the bill. The House Bill is not scheduled for executive action, but the Senate Bill has been approved by the policy committee and is under consideration in the Ways & Means committee. Firearm Possession Penalties: House Bill 1139, sponsored by Rep. Sam Low (R-39th LD), seeks to enhance public safety by increasing penalties for unlawful firearm possession. The bill reclassifies unlawful possession of a firearm in the first degree as a violent offense and raises its seriousness level under the state's sentencing guidelines to level Vill, while also adjusting penalties for second-degree offenses. It authorizes law enforcement to arrest individuals without a warrant if there is probable cause for unlawful firearm possession and modifies offender score calculations to impose stricter sentencing for repeat offenses. The House Community Safety Committee held a public hearing on February 11. Organized Retail Theft Sentencing Enhancements: House Bill 1276, sponsored by Rep. Mari Leavitt (D-28th LD), proposes stricter sentencing enhancements for individuals convicted of organized retail theft. The bill introduces additional sentencing periods based on the monetary value of the stolen property: a 12-month enhancement for thefts valued at $20,000 or more and a 24-month enhancement for thefts valued at $50,000 or more. These changes aim to deter organized retail theft by imposing harsher penalties for high -value thefts. The bill also preserves judicial discretion to depart from mandatory sentencing enhancements for crimes committed by individuals under the age of 18, allowing courts to consider the unique circumstances of youth offenders. The House Community Safety Committee held a public hearing on February 10. Traffic Stop Reform: Senate Bill 5521, sponsored by Sen. Javier Valdez (D-46) and House Bill ', sponsored by Rep. Chipalo Street (D-37), prioritizes violations such as moving violations, seatbelt violations, and serious equipment failures. Minor nonmoving violations (like expired tags or broken lights) could only be enforced as secondary offenses after a driver has already been stopped for a primary reason. The House Community Safety Committee held a public hearing on House Bill 1512 on February 10. During the hearing, the Washington Defenders Association and the Washington Coalition for Police Accountability, testified in support, while GTH-GOV 11 the Washington Associations of Sheriffs and Police Chiefs and Association of Washington Cities testified in opposition. The committee is not scheduled to vote on the bill prior to the policy committee cutoff deadline. Overdose Legal protections: House Bill 1574, sponsored by Rep. Nicole Macri (D-43rd LD), expands legal protections for individuals seeking or experiencing medical assistance during drug -related overdoses and strengthens the legal framework for harm reduction services. The bill broadens immunity from arrest, detention, or prosecution for possession or use of controlled substances in overdose situations and protects against civil forfeiture and penalties for nonviolent, nonsexual charges. It also explicitly allows the distribution and use of public health supplies, such as syringes and drug testing equipment, by public health programs and community organizations. Additionally, the bill preempts local regulation of drug paraphernalia, centralizing authority at the state level to ensure consistent access to harm reduction services across Washington. The bill was heard in the House Community Safety Committee on I=ebruary Juvenile Access to Attorney: Senate Bill 5052, sponsored by Sen. Jesse Salomon (D-32nd LD); proposes changes to the conditions under which law enforcement officers can interact with juveniles without attorney access. The Senate Human Services Committee approved a significantly narrowed version of the bill on February 12. As amended, the bill requires an officer to provide a juvenile the ability to consult with the Youth Access to Counsel line if the juvenile is detained based on probable cause of criminal activity. An intent section is added to clarify that a law enforcement officer may contact a juvenile witness or juvenile victim not suspected of criminal involvement or activity. The bill is now in the Senate Rules Committee. Reckless Driving Expansion: Senate Bill 5238, sponsored by Sen. Ron Muzzall (R-10th LD), expands the definition of reckless driving in Washington state to include intentional speeding of more than 30 miles per hour over the posted speed limit. While the bill retains the existing penalties for reckless driving, classified as a gross misdemeanor punishable by up to 364 days of imprisonment and a fine of up to $5,000, it broadens the scope of the offense by making excessive speeding a standalone criterion. The Senate passed the bill on February 12 with a vote of 47 yeas, 2 nays, 0 absent, and 0 excused. GTH-GOV 12 2/18/2025 Good evening City Council, Mayor, and City Leadership, Ben Lund, 36 year resident of Spokane Valley I want to express my deepest gratitude for your bold decision to take legal action against Al Merkel. This was a necessary step to uphold accountability and protect the integrity of our city government. I strongly support the motion for Al Merkel to pay for his own attorney in this lawsuit. For 14 months, we have witnessed his lawlessness, resulting in $235,000 of taxpayer money being wasted due to his refusal to follow the law, the Governance Manual, and his oath of office. Beyond the legal and financial damage, Councilman Merkel has also engaged in direct intimidation tactics against private citizens —including myself —with the involvement of the Sheriff s Office. This is not just about a lawsuit; it is about addressing a clear pattern of misconduct. The taxpayers have already been forced to cover too much due to his actions. We should not be responsible for his personal legal defense as well. Additionally, Merkel's behavior is creating an increased liability for the City. Just last week, Mr. Roscoe, who represents our insurance company, made it clear that this kind of misconduct could lead to higher insurance costs or even the loss of our coverage entirely. This is an unacceptable risk to the City and its taxpayers. City Council, you have already decided that he must pay for his own attorney regarding the investigation into his Public Records Act and Governance Manual violations. I urge you to apply that same standard here and require him to cover his legal costs in this lawsuit as well. Thank you.