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HomeMy WebLinkAbout2026-01-22 PC AGENDA PACKETSookane jVa11ey Notice and Agenda for Regular Meeting Spokane Valley Planning Commission Thursday, January 22, 2026, at 6:00 p.m. Remotely via ZOOM meeting and In Person at Spokane Valley City Hall located at 10210 E Sprague Avenue NOTICE IS HEREBY GIVEN that a Spokane Valley Planning Commission meeting will be held on January 22, 2026, beginning at 6:00 p.m. The meeting will be held in Council Chambers at Spokane Valley City Hall located at 10210 E Sprague Avenue, Spokane Valley, Washington. The purpose of the meeting ism consider the items listed below on the agenda. NOTE: Members of the public may attend Spokane Valley Planning Commission meetings in -person at City Hall 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: If making a comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email plammne(/Dspokanevalle or call the Planning Commission Secretary at 509-720-5110 to be added to the Zoom speaker list. Otherwise, comments will in -person at the meeting, as noted on the agenda below: LINK TO ZOOM MEETING INFORMATION: httos://snokanevallev.zoom.us/i/86262747051 US: +12532158782„ 86262747051#or+16699006833„86262747051#US US: +1 253 215 8792 US (Tacoma) Meeting ID: 862 6274 7051 AGENDA: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: December 11, 2025 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT S. PUBLIC COMMENT: This is an opportumb for thepublis to speakon any subject except items listed aspublic comment opporbmity orpublic hearing ascomments will be taken when those items appear on the agenda. 9. COMMISSION BUSINESS: a. RPCA: Election of Officers b. Training: Public Records Act & Open Public Meeting Act (Presented by Tony Beattie) 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Regular Meeting Minutes Spokane Valley Planning Commission Spokane Valley City Hall December 11, 2025 I. Chairman Robert McKinley called the regular meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. H. The Commissioners and staff stood for the Pledge of Allegiance. III. Administrative Assistant Jennifer Musselwhite took attendance, and the following members and staff were present: Michael Kelly Mike Basinger, Community and Economic Development Director Bob McKinley Tony Beattie, Deputy City Attorney Emily Meyer Steve Roberge, Planning Manager John Robertson - Absent Justan Kinsel, IT Specialist Justin Weathermon - Absent Jennifer Musselwhite, Administrative Assistant Ann Winkler Dan Wilson There was a consensus from the Planning Commission to excuse Commissioner Robertson and Commissioner Weathermen from the meeting. IV. AGENDA: Commissioner Winkler moved, and it was seconded, to approve the agenda for Decenber 11, 2025. There was no discussion. The vote on the motion was five infavor, zero opposed, and the motionpassed. V. MINUTES: Commissioner Kelly moved, and it was seconded, to approve the special meeting minutes aspresented. There was no discussion. The vote on the motion was five in favor, zero opposed, and the motion passed. Commissioner Kelly moved, and it was seconded, to approve the regular meeting minutes as presented. There was no discussion. The vote on the motion was five in favor, zero opposed, and the motion passed. VI. COMMISSIONER REPORT: Commissioner Wilson attended the Christmas Tree Lighting Ceremony at Balfour Park. He praised the event and was impressed with the turnout. VII. ADMINISTRATIVE REPORT: Steve Roberge, Planning Manager, reminded the commissioners that there would not be another meeting in December due to the holiday. The first meeting in 12-11-2025 Planning Commission Minutes Page 2 of 3 January would also be canceled to give the City Council the chance to appoint two new members to the Planning Commission. The second meeting in January will be an election of officers and public records training for the commission. Applications for the two open positions are open until December 191" and the city has received a few applications already. VIII. COMMISSION BUSINESS: a. Study Session: Land Use Scenarios Steve Roberge, Planning Manager, presented the housing needs anticipated for our region based on income levels and housing types. There was a discussion on average median income levels and where those numbers are derived from. Mr. Roberge reviewed middle housing types and residential zoning requirements. Mr. Roberge reviewed the zoning maps and there was a discussion over the different options for residential zoning changes. Commissioners voiced concerns over the strain on city utilities and road capacities with potential density increases. The commissioners discussed a desire to keep the character of the neighborhoods and that state requirements were not consistent with that goal. Discussion continued to review the pros and cons of the presented scenarios and determine if there were other options for the city to consider. Mike Basinger, Community and Economic Development Director, shared information with the commission about the current zoning regulations and how those zoning designations were determined. He emphasized that the city utilized community input to have zoning designations that are consistent with their wants and needs while trying to meet the regulations set by the state and maintain the character of the city. He asked the commissioners to consider the middle housing and zoning options presented. GOOD OF THE ORDER: Commissioner Kelly thanked the other commissioners and staff for their patience during the discussion. Commissioner Meyer discussed her reasons for wanting to be on the commission and her reasons for having moved to the city. She thanked Commissioners Kelly and Wilson for being on the commission. Commissioner Wilson shared his appreciation for the other commissioners in sharing their opinions and giving him new perspectives. Chairman McKinley voiced his appreciation for the viewpoints of the other commissioners and the difficulty in watching the city change. He realizes that the city is changing and he challenges the commissioners to bring their viewpoints to the necessary updates to the city. He thanked the other commissioners for their unique insight and congratulated Commissioner Kelly on his appointment to the City Council. Di. ADJOURNMENT: Commissioner -Meyer moved, and it was seconded, to adjoum the meeting at 7:52 p.m. The vote on the motion was five infavor, zero opposed, and the motion passed. 12-11-2025 Planning Commission Minutes Page 3 of 3 Bob McKinley, Chairman Date Signed Deruse MCCANNA 9401 E. Appleway Boulevard *Spokane Valley, Washington 99206 • (509)954-6604 JN: 2025-100 RECEIVED November 11, 2025 DEC 19 2025 Spokane County Building & Planning 1026 W Broadway Avenue CITY OF SPOKANE VALLEY Spokane, WA 99260 RE: Letter of Support for Inclusion of Properties into the Urban Growth Area To Whom It May Concern: I am writing to express McCann Engineering's support for the inclusion of parcels 44024.9072, 44021.9058, and 44021,9066 into the Urban Growth Area (UGA) as part of the current comprehensive plan update. These properties are directly adjacent to existing developed land and urban infrastructure, making them a logical and efficient extension of the current UGA boundary. Their proximity to established neighborhoods, roads, utilities, and public services positions them well for future growth that aligns with the principles of smart, sustainable development. Incorporating these parcels into the UGA would: • Promote contiguous and orderly urban expansion, avoiding cluster development • Maximize the use of existing Infrastructure • Provide opportunities for much -needed housing and economic development • Support growth In areas already impacted, preserving rural and resource lands elsewhere Given the region's ongoing population growth and housing demand, it is essential to plan proactively and strategically. Including these properties in the UGAwill help meet future needs while maintaining the integrity of our rural -urban transition. Thank you for yourthoughtful consideration of this request. I urge you to support the Inclusion of these properties in the Urban Growth Area and help guide our community toward a more sustainable and well -planned future. Best Regards, ��r/// A `cif Bowies D. Mc cCCa 'n �n, P.E. Principal Engineer CMI Englneering • Construction Inspection * Project Management CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: January22, 2026 Item: Check all that apply ❑ old business ❑ information AGENDA ITEM TITLE: Election of Officers ® new business ❑ public hearing ❑ study session ❑ pending legislation GOVERNING LEGISLATION: Planning Commission Rules Of Procedure PREVIOUS COMMISSION ACTION: None. BACKGROUND: The Planning Commission will need to elect a Chairman and Vice -Chairman to serve during the 2026 calendar year. The Planning Commission Rules of Procedure regarding the people that are eligible to serve in these roles reads as follows: RI. OFFICERS B. Officers of the Cormnirsion shall be elected from its membership; the officers shall be Chair and Vice -Chair. Commissioners mist have served at least 9 months and have attended a minuntun of 14 meetings as a Commissioner to be eligible to be elected as an officer. The Rules of Procedure also outline that the nominee most have a minimum of four affirmative votes to be elected to office and that the Chair and Vice -Chair cannot serve more than two consecutive terms. Based on these rules, the following Planning Commissioners are eligible to serve as Chair: • Commissioner Meyer • Commissioner Robertson • Commissioner Weatherman • Commissioner Winkler Based on these rules, the following Planning Commissioners are eligible to serve as Vice -Chair: • Commissioner McKinley • Commissioner Meyer • Commissioner Robertson • Commissioner Weatherman • Commissioner Winkler ACTION OR MOTION: CHAIRMAN: I nominate Commission. to serve as Chairman of the Spokane Valley Planning VICE-CHAIRMAN I nominate to serve as Vice -Chairman of the Spokane Valley Planning Commission. STAFF CONTACT: Steve Roberge, Planning Manager or Tony Beattie, Senior Deputy City Attorney ATTACHMENTS: 1) PC Rules Of Procedure RPCA Section of Officers Page 1 of 1 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO.24-016 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING THE CITY OF SPOKANE VALLEY REVISED PLANNING COMMISSION RULES OF PROCEDURE; AND OTHER MATTERS RELATED THERETO. WHEREAS, Spokane Valley Municipal Code Section 18.10.030 establishes the rules for the Spokane Valley Planning Commission, and mandates that the Planning Commission adopt rules and procedures as are necessary for the conduct of business, subject to the approval of the City Council; WHEREAS, the Planning Commission Rules of Procedure were last updated and approved by the City Council on February 20, 2024 pursuant to Resolution 24-003 in order to relocate regular meetings to City Hall Council Chambers; WHEREAS, the Planning Commission held meetings on July 25, 2024, August 8, 2024, and September 12, 2024 to consider changes to the Rules of Procedure; WHEREAS, the Planning Commission voted on September 12, 2024 to approve the Rules of Procedure as amended by a vote of five to one; and WHEREAS, the Planning Commission voted on November 14, 2024 to approve an additional change to the Rules of Procedure regarding the eligibility of Commissioners to serve as Chair and Vice Chair of the Commission by a vote of five to zero. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: Section 1. Adoption of Spokane Valley Planning Commission Rules of Procedure. The Spokane Valley City Council hereby adopts the Spokane Valley Planning Commission Rules of Procedure as recommended by the Planning Commission on November 14, 2024, which are attached hereto and made a part hereof. Section 2. All prior Planning Commission Rules of Procedure are repealed. Any previously adopted versions of the Planning Commission Rules of Procedure and the resolutions which adopted those previous versions, are hereby repealed in their entirety. Section 3. Effective Date. This resolution shall be in full force and effect upon adoption. Adopted this 23rd day of December, 2024. CITY OF NQ2 n SPOKANE VALLEY Q�-- Pam Haley, Mayor ATTEST: Approv a5,10 fo 1 : F arcs atterson, City Clerk 'be, eAttromey Resolution 24-016 Adopting Planning Commission Rules of Procedure Page 1 of 1 City of Spokane Valley Planning Commission Rules of Procedure Adopted by Planning Commission 02-19-05 Revised by Resolution 10-004, 02-09-2010 Revised by Resolution 11-010, 11-29-2011 Revised by Resolution 12-006,10-30-2012 Revised by Resolution 20-003, 03-24-2020 Revised by Resolution 23-008, 06-20-2023 Revised by Resolution 24-003, 02-20-2024 ORGANIZATION AND RULES OF PROCEDURE I. Name The "City of Spokane Valley Planning Commission," hereinafter referred to as the "Commission' is an advisorybody created by the City Council for purposes consistent with chapter 18.10 of the Spokane Valley Municipal Code (SVMC) which can be accessed athttps://www.codepubfishing.com/WA/SpokmeValley/. The Commission's duties and responsibilities are outlined in 19.10.050 SVMC. 11. Location The Commission meetings shall be held at City Hall Council Chambers, 10210 E. Sprague Avenue, Spokane Valley, WA, unless otherwise identified in the notice of mccting. 11I.Ofrcers A. Unless otherwise required by a vacancy in office, the Commission shall organize every year in accordance with chapter 18.10 SVMC. B. Officers of the Commission shall be elected from its membership; the officers shall be Chair and Vice Chair. Commissioners must have served at least 9 months and have attended a minimum of 14 meetings as a Commissioner to be eligible to be elected as an officer. C. Election of Officers. 1. Officers shall be elected at the first regular meeting each year. Election shall require four affirmative votes of the Commission, and voting may be by paper ballot. Terms of office shall run from the first January meeting until December 31, or until a successor has been elected. No Commissioner shall serve more than two full consecutive terms as Chair of the Commission. No Commissioner shall serve as Vice -Chair for more than two full consecutive terms. 2. In the event that the Commission has no sitting Chair at the first regular mccting in January, the Vice -Chair will preside over the Commission until officers are elected. If at the first regular meeting in January, both the Chair and Vice -Chair arc no longer Commissioners, the Secretary will preside over the meeting until Officers are elected. 3. A vacancy in either the Chair or Vice -Chair shall be filled by a special election, to be held at a convenient time with a majority present. In the event that the office of Chair is vacated, Planning Commission Rules of procedure AmendmCm Page 1 of 8 the Vice -Chair shall serve in that capacity until the required special election is held. No member can hold two office positions concurrently. D. The Chair shall preside over the Commission meetings and exercise all powers incidental to the office, retaining however, the full right as a member of the Commission to propose motions, second motions, and have a vote recorded on all matters of the Commission. E. In the absence of the Chair from any meeting, the Vice -Chair shall perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. If both the Chair and Vice -Chair are absent from any meeting the Secretary will exercise the duties of the Chair for that meeting. IV. Secretary of the Commission A. The City Manager &ball assign a Secretary to the Commission. B. The Secretary shall provide for a recording of all Commission meetings, including public hearings, and shall ensure that summary minutes of all public hearings and meclings arc prepared, approved, and filed in the public record. C. The Secretary shall conduct and record a roll call of the Commissioners at each meeting, public hearing and study session. D. The Secretary shall serve as the official parliamentarian for all meetings and shall keep a copy of the current "Robert's Rules of Ordee' in the Council Chambers during Commission meetings. Robert's Rules of Order shall govem the conduct of all public meetings of the Commission except when they conflict with these Rules of Procedure. V. Attendance: A. Excused Absences: Members of the Commission may be excused from meetings with notification to the Chair, Vice Chair, or Secretary prior to the meeting, and by stating the reason for the inability to attend. Following or prior to roll call, the Presiding Officer shall inform the Commission of the member's absence, and inquire if there is a consent motion to excuse the member. The motion shall be non -debatable. Upon consent by a majority of members present, the absent member shall be considered excused and the Secretary shall make an appropriate notation in the minutes. B. Unexcused Absences: A Commissioner's responsibility to attend Commission meetings should not be taken lightly, nor should a decision to remove a Commissioner for missing meetings. As soon as possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Commissioner must request a leave of absence if they desire to remain on the Commission. At a third consecutive meeting where a Commissioner is not excused and there has been no request for a leave of absence, the absent Commissioner's seat shall be forfeited effective immediately. C. Leave of Absence: L A Commissioner whose serious health or physical condition would prevent them from performing the duties of the Planning Commission may ask to be placed on a leave of absence under the following conditions: a. Such serious health or physical condition must be certified in writing by a medical physician. Planning Commission Rules of procedure Amendment Page 2 of 8 b. The request for a leave of absence shall be in writing, and hand -delivered or mailed to the Secretary of the Commission at least one week prior to the date when such leave would commence. c. The request for a leave of absence must state the anticipated date the Commissioner will resume their duties. d. By majority vote of the whole Commission, a leave of absence &ball be granted , and shall not exceed 90 days from the date the motion is passed by Commission; e. At the end of the 90-day leave of absence, the absent Commissioner shall either: i. Return to normal Commission duties commencing with the first Thursday meeting following the end of the 90-day leave; or ii. Submit a letter of resignation to the Secretary of the Commission. f. A leave of absence may only be granted twice during a Commissioner's thrce- year term, with no less than six months between each request. Upon approval of a leave of absence, the absent Commissioner shall not be replaced with apro-tem Commissioner during the absence. VI. Voting A. The affirmative vote ofa majority ofthose present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with the adoption or changes to the City's Comprehensive Plan, at least four affirmative votes must be cast. No proxy shall be allowed. C. Except as otherwise provided by these rules, Commissioners present when the question was called shall give their vote. If any Commissioner refused to vote "aye" or "nay" their vote shall be counted as a nay vole, unless the Commissioner has recused themselves due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand. Abstentions are not permitted except as otherwise provided by these rules. D. No member may participate or vote on a matter unless the member has been in attendance at all public hearings regarding such matter, or has listened to the recording of the public hearing and reviewed the written record of the matter in question. Commissioners who were not present shall confirm on the record that they listened to the recording and reviewed the written record of the matter in question prior to voting. VII. Meetings A. A quorum shall consist of a majority of the Commission and no action can be taken in the absence of a quorm except to adjourn the mcefing to a subsequent date. A quorum must be present for all meetings. B. Except when otherwise specified by these rules, regular meetings shall be scheduled on the 2nd and 4th Thursdays of each month, commencing at 6:00 p.m. and ending not later than 9:00 p.m. Mcefing ending time may be extended by a majority vole of the Commission. There shall be at least one regular meeting each month for at least nine months in each year with additional meetings Planning Commission Rules of Procedure Amcndmem. Page 3 of 8 scheduled as necessary. There shall not be two consecutive months without a meeting. Unless business otherwise requires it, the Commission shall not meet on the 2nd Thursday in January, the 41h Thursday in November, or the 4lb Thursday in December. Meetings may be used for general planning matters, study sessions or public hearings as described below. 1. Meetings on General Planning Matters. General planning matters to be reviewed by the Commission will typically be preceded by a study session of the Commission to discuss the issues with City staff. Generally, no testimony from the public shall be taken at a study session. 2. Public Hearing Meeting. A public hearing is a meeting to provide the publican opportunity to comment or give testimony on a proposed action or items such as the Comprehensive Plan, or development regulations. The Commission may deliberate upon the item immediately after the hearing, or during another scheduled mecting(s). 3. Scheduled meetings may be canceled or convened at other limes if deemed necessary by the Chair or, in the absence of the Chair, by the Vice -Chair. Notice of cancellation shall be given to Commissioners, and to the public by posting a notice at City Hall and on the City's website. The Commission, in concert with City staff, shall strive to cancel meetings two weeks prior to the meeting date. 4. The recommended order of business for meetings is a. Call to order by Chair. b. Pledge of Allegiance. e. Roll call by Secretary. d. Approval of agenda. e. Approval of minutes. f Commissioner reports. g. Administrative reports. h. Public comment. i. Commission business. Action items • Non -Action items j. For the good of the order. k. Adjournment. C. Commission meetings shall be held pursuant to the Open Public Meetings Act, chapter 42.30 RCW. D. Special meetings may be called: 1. By a written or verbal request to the Chair, or in the Chair's absence, to the Vice -Chair, or by a majority of the members of the Commission, or City staff. 2. By approved motion of the Commission. 3. Notice of a special meeting shall be provided as required pursuant to chapter 42 30.080 RCW, including posting notice of such meeting at least 24 hours before the time of such meeting as specified in the notice. VIII. Public Hearing Procedures Planning Commission Rules of Procedure Amendmcm. Page 4 of 8 A. Prior to the start of the public hearing, the Chair may require that all persons wishing to be heard sign in with the Secretary, giving their name, city of residence, the agenda item, and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall wait to speak until all those who have signed in have had an opportunity to speak; and when [hey speak at the hearing, shall give their name and city of residence. The Chair may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.). B. Opening the Public Hearing. The Chair shall introduce, and open each public hearing by stating the time and title of the matter. C. Evidence and Testimony. The public hearing shall generally adhere to the following order: 1. The Chair will allow staff to describe the matter under consideration and place the issue and any documents into the public record. 1 The Chair will inquire as to whether Commissioners have any questions of staff. If any Commissioner has questions, the appropriate individual will be recalled. 1 The Chairwill allow proponents, opponents and the public to offertestimony and evidence on the pending matter. The Chairmay allow Commissioners to ask questions of any person at the conclusion of their testimony. 4. Public testimony at public hearings. The Chair, subject to concurrence by the majority of the Commission, may establish alternate time limits and otherwise control presentations. The following rules and other such limits shall be established and announced prior to the time for public testimony at the public hearing: a. All public comments shall be made from the speakers podium and shall be directed to the Commission. Any individual making comments shall first give their name and city of residence. This is required because an official recorded transcript of the public hearing is being made. b. It is not necessary to be a proponent or opponent in order to speak. Those who are neither a proponent nor an opponent, should speak during the proponent portion and indicate that they are neither a proponent nor an opponent. c. No comments shall be made from any other location, and anyone making "outof order" comments shall be subject to removal from the meeting as allowed by law. d. We ask that there be no demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation. It is distracting to the Commission and takes time away from the person who is testifying.. e. Pleas, limit your testimony to three minutes. (unless a majority of the Commission agrees to allow the Chair to extend lime) f These rules are intended to promote an orderly system of holding a public hearing and to give all that wish to speak an opportunity to be heard. 5. Atthe conclusion of the public testimony, the Chair may ask staff if there is any additional information, testimony or evidence to submit for the record. D. Closing the Public Hearing and Post -hearing Procedure. The Chair will then either close the public hearing or entertain a motion to continue the proceeding to future date and time, and state the time for the record. Additional testimony may not be requested or considered after the closing of the public hearing, however, the Chair may declare that the public hearing will remain open until a date certain for the purpose of receiving written testimony or materials. Planning Commission Rules of Procedure Amcudmem. Page 5 of 8 After closing the public hearing, the Commission may only request clarification from staff on matters that were previously submitted to the Commission during the public hearing —this is not a time to gather more information. 1. At the close of the public hearing, the Chair will inquire if there is a motion by any Commissioner. The motion may be as follows: a. Move to recommend approval of (the pending matter) b. Move to recommend approval of (the pending matter) with the following modifications: (listed here) c. Move to recommend denial of (the pending matter). Following the motion and its second, discussion will occur among Commissioners. 2. The Chair will inquire if tbere is any fmdier discussion by the Commissioners If the 3. The Chair will inquire of the Commissioners if they are ready for the question. 4. The Chair will call for the vote on the motion and, following the vote, announce the outcome of the vote. If a motion fails, another motions shall be made until the Commission's recommendation garners the required number of votes. E. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Commissioners should give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect financial interest in the outcome of the proceeding; 3. A prejudgment of the issue prior to hearing the facts on the record, or 4. Had ex pare contact with any individual, excluding staff, with regard to an issue prior to the hearing. Please refer to Section 15(B) for more specific information on how to proceed where there has been an ex parte communication. If any Commissioner should determine that any items in section (E)(1-4) should apply to them, they should consultwith a member ofthe legal staff, prior to the meeting, to determine if a conflict of interest violation exists pursuant to the Appearance of Fairness Doctrine. If such a violation or a perception of a violation exists, the Commissioner should recuse themselves. IX.Aeenda, Staff Reports and Minutes for Reeular Meetines. A. A copy of the agenda for every regular meeting of the Commission will be sent to each member up to seven days prior to the date of the meeting. B. Staff reports will be sent to Commissioners with the agenda Agendas and staff reports will be made available to applicants and the public at the same time. C. Minutes of all meetings shall be kept, and the complete files of proceedings and actions taken in connection therewith shall be considered a public record and filed with the City Clerk. The Secretary shall provide the Commissioners with a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and upon approval, shall become part of the official record of action of the Commission. Approved and signed minutes shall also be transmitted to the City Clerk. D. The Commission shall submit a Year end report as an information item to the City Council oudinine the items worked on during the previous year. Planning Commission Rules of procedure Amendmcm. Page 6 of 8 X. Recording of Meetings Whenever possible, proceedings of all public hearings, meetings, study sessions and any special meeting shall be recorded and retained in accordance with the Washington Stale Archives Retention Schedule. XI. Statement of Ethics / Code of Conduct A. Statement of Ethics. It is hereby recognized and established that high moral and ethical standards of Commissioners arc vital and essential to provide unbiased, open, and honest conduct within all phases and levels of government; that rules of ethics are helpful in guiding Commissioners to eliminate or prevent actual or perceived conflicts of interest in public office, and to improve and elevate standards of public service so as to promote and strengthen the confidence, faith and trust of the people of the City of Spokane Valley in their local government. B. Interests in Contracts Prohibited; Exceptions. No Commissioner shall be beneficially interested, directly or indirectly, in any contract which may be made by, through, or under the supervision or direction of any City of Spokane Valley employee, in whole or in substantial part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity orreward in connection with such contract from any person beneficially interested therein. The foregoing &ball not apply to the exceptions specified in RCW 42.23.030, which are incorporated herein as if fully set forth. C. Conflicts of Interest include: 1. Engaging in atransaction or activity which impairs, orwould to a reasonable person appear to impair, the Commissioner's independence of judgment or action in the performance of their official duties; 2. A Commissioner having a financial or other private or personal interest in any matter upon which the member is required to act in the discharge of his or her official duties; 3. A "Professional Conflict of Interest' includes any real or perceived conflict of interest caused by circumstances such as a Commissioner's employment, past or present. Where the Commissioner's employer or professional activity is only tangentially related to a matter before the Commission, recusal need not occur if the Commissioner can reasonably conclude that the connection is or was remote and inconsequential. 4. If a Commissioner is required to refrain from deliberation or participation by their employer because of a real or perceived conflict of interest, then the Commissioner will be allowed to rccusc or withdraw from that deliberation. D. Conflict of Interest Procedure: Every Commissioner who has a conflict of interest shall publicly disclose the conflict at the next Commission meeting after the Commissioner discovers the conflict. If a discovery or determination of a conflict is made during a Commission meeting, the Commissioner shall publicly disclose the conflict at that time. The nature and extent of such conflict of interest shall be fully disclosed, and a summary of the same shall be incorporated into the official minutes of the Commission proceedings. If a Commissioner feels that they cannot be unbiased because of any conflict of interest, the Commissioner shall rccusc themselves from further proceedings on the issue. Such Commissioner shall make a public statement disclosing the reasons why the Commissioner believes they we disqualified, and state they are recusing themselves from the issue. The disqualified Commissioner will [hen leave the Council Chambers until such time as the issue at hand has been disposed of in the regular course of business. If there are other matters on the agenda, [hen the disqualified Commissioner must return to the Council Chambers to participate in the other matters as soon as the Planning Commission Rules of Procedure Amendment Page 7 of 8 Commission ends discussion of the matter in which the disqualified Commissioner has a conflict of interest. E. Other Prohibited Acts. Commissioners arc prohibited from: 1. Acting in a manner which would result in neglect of duty, misfeasance or malfeasance in office. 2. Acting in a manner that intentionally disrupts Commission meetings. 3. Using their position to secure special privileges or exemptions for themselves or others. 4. Directly or indirectly receiving, accepting, taking, seeking, or soliciting anything of economic value regardless of the amount, as a gift, gratuity, or favor. 5. Engaging in or accepting private employment or rendering services for any person or engaging in any business or professional activity when such employment, service or activity is incompatible with the proper and faithful discharge of [heir official duties as a Commissioner, or when it would require or induce the Commissioner to disclose confidential information acquired by reason of such official position. 6. Disclosing confidential information gained by reason of their membership on the Commission or using such information for their personal gain or benefit. 7. Engaging in any meeting that violates the Open Public Meetings Act (OPMA). The OPMA strictly forbids any meeting of a quorum of the Commission during which any City business is discussed. The OPMA provides that Commissioners may: a. meet informally in less than a quorum and discuss City business, and b. meet in a quorum if City business is not discussed. However, Commissioners are encouraged to be mindful that such meetings risk creating the appearance of a violation of the OPMA and such meetings should be avoided. XII. Appearance of Fairness A. The Commission shall adhere to the applicable requirements of the Appearance of Fairness Doctrine, chapter 42.36 RCW. B. During the pendency of any quasi-judicial proceeding, no Commissioner may engage in ex pare communications with proponents or opponents about any proposal involved in the pending proceeding, unless: 1. The Commissioner places on the record the substance of such oral or written communications; and 2. The Commissioner provides a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and Commissioners if the correspondence is made pan of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 4236.1160) XIII. Review of These Rules of Procedure The Commission shall review these rules of procedure two years after their adoption. Proposed changes upon the recommendation of the City Attorney, City staff, or the Commission, may be brought forward as appropriate. Any proposed amendments shall be forwarded to the City Council for review and ratification. Planning Commission Rules of Procedure AmcmldmCnt Page 8 of 8 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: January22, 2026 Item: Check all that apply ❑ old business ❑ new business ❑ public hearing ❑ information ® study session ❑ pending legislation AGENDA ITEM TITLE: Open Govenment Training GOVERNING LEGISLATION: Open Public Meetings Act (chapter 42.30 RCW); Public Records Act (chapter 42.56 RCW); chapter 42.23 RCW. PREVIOUS COMMISSION ACTION: Annual tiainings. BACKGROUND: In Washington, there are numerous laws to promote transparent and open government by the legislative and appointed bodies that serve the people. These laws include the Open Public Meetings Act (OPMA), the Public Records Act (PRA) and various laws setting forth ethics requirements for municipal officers. As members of an appointed body, Planning Commission members are subject to the requirements set forth in these laws. Staff will provide training and overview on the various open government laws for Planning Commission members to meet training requirements for the Open Public Meetings Act and to educate members on the other open government requirements. ACTION OR MOTION: No action recommended. Discussion only. STAFF CONTACT: Tony Beattie, Seruor Deputy City Attorney ATTACHMENTS: 1) OPMA/PRA Presentation Page 1 of 1 Public Records Act and Open Public Meeting Act Training Planning Commission Tony Beattie Senior Deputy City Attorney, City of Spokane Valley January 22, 2026 Spokane % Valley® The Public Records Act - RCW 42.56 Historical background ► Adopted in 1972 by Initiative 276. ► Codified under chapter 42.56 RCW. ► Applies to state agencies and local agencies, sub - agencies, quasi -governmental entities, and non -profits who are functional equivalent of government. Strongly worded mandate - statute "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments they have created." RCW 42.56.030. "Public Record" definition Relevant portion of definitions states as follows: "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. RCW 42.56.010(3) "Public Record" definition Most important parts are: (1) "ate writing"; (2) "information relating to the conduct of government or the performance of any governmental or proprietary function"; and which is (3) "prepared, owned, used, or retained by any state or local agency" "Writing" — includes electronic communications ► E-mails; ► Text messages; ► Posts on social media; ► Meta -data; and ► Policelsecurity video. Public Record (writing) versus Information ► PRA only requires disclosure of public records. ► Information is not a record and therefore not subject to required disclosure. ■ Information is material or data that is not part of an identifiable record. • E.g., City population, who is the mayor, how many employees. ► However, City policy and customer service standards provide for employees to provide information as requested when the information is known or accessible. Definition — "relating to government" Location not critical factor, nature of record is what is critical (relates to conduct of government or performance of governmental or proprietary function and prepared, owned, used, or retained by City). "Relating to conduct of government": ■ Records that contain any information that refers to or impacts the actions, processes, and functions of government. • Nissen v. Pierce County,183 Wn.2d 863 (2015) ■ Casts broad net — Supreme Court suggested that union emails on agency server/network about working conditions could be public records. • Serv. Emps. Intl Union Local 925 v. Univ. of Wash.,193 Wn.2d 860 (2019). Definition - "prepared, owned, used, or retained by government" ► For records on personal devices, consider whether record was created or used within "scope of employment" or "scope of official capacity' . ■ If your position requires it, the City directs it, or it furthers the City's interests, then it is • Nissen v. Pierce County,183 Wn.2d 863 (2015) (County business on personal phone is public record); West v. City of Puyallup, 2 Wn. App. 2d 586 (2018) (challenged content of Councilmember's personal Facebook page was not public record). ► Personal computer or phone of Council. ► Text messaged from personal phone of Council. ► In possession of third -party contractor. ► Available from another entity. Definition - "relating to gov and "used by government" - ernment" c o n t 0 ► No Constitutional privacy rights for public records on private devices, private emails, or private texts ► Must conduct reasonable search where records are likely to be located. ■ If we know or learn of facts that suggest a search of an additional location or source might reasonably be expected to uncover responsive records, we must make that extra search. ► PRA requires employeeslagentslofficials to conduct a search of their own filesidevices, submit any public records, and submit a reasonably detailed affidavit identifying facts attesting to the nature and extent of the search. Definition - "relating to government" and "used by government" - cont. Best Practices. ■ Do not use personal phone in connection with City business - NO TEXT MESSAGES ■ Do not use personal email in connection with City business ■ Do not use personal computers to draft records related to City government ■ Do not use personal devices to run internet searches for information related to City business Definition - "relating to government" and "used by government" cont. ► Social Media Best Practices. ■ Adhere to the Council Social Media Policy of the Governance Manual. • Governance Manual expressly encourages Councilmembers to communicate directly with citizens for the purpose of developing public policy. • A court could find Councilmember posts regarding City business to be in furtherance of City business. ► Only post about City business on an official social media account connected to the City's social media archiving software. ► Do not post on personal social media accounts. Agency Rules ► Local governmental entities are mandated to adopt and enforce reasonable rules governing how the agency shall respond to requests. RCW 42.56.100. ■ Spokane Valley has done that through adoption of SVMC 2.75. ► City Clerk is City's designated Public Records Officer. ► Online records processing through GovQA on the City's website ► Retention: City follows State records retention schedule ■ Once create a record, do not destroy unless permitted by retention schedule Form of the record request ► No specific form necessary. ► Can be oral, but agency should memorialize in writing for protection and clarity. ► Request must provide "reasonable description" to be able to locate the record. ► Sufficient clarity to give agency fair notice a PRA request has been received as opposed to other request. Prompt response required Must respond within 5 business days by: (1) providing the record; (2) providing an internet address/link to website for specific records; o All City ordinances, resolutions, and contracts are online, as well as many other major documents such as the Comprehensive Plan; (3) acknowledging that the [agency] has received the request and providing a reasonable estimate of the time the [agency] will require to respond to the request; (4) acknowledging that the [agency] has received the request, requesting clarification, and providing a reasonable estimate of the time the [agency] will require to respond to the request if clarification is not provided; or (5) denying the record request. Exemptions ► Originally only 10 exemptions. ► Now upwards of 500. Exempt from disclosure - attorney client privileged information RCW 42.56.070(1) contains what is commonly referred to as the "other laws" exemption to disclosure. It specifically states in pertinent part that "each agency ... shall make available ... all public records unless [exempt under the PRA] or other statute which exempts or prohibits disclosure of specific information or records." RCW 5.60.060(2)(a) states that "[a]n attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment." Information examples not protected - ► Council and employee names; ► Council and employee salary; ► Council and employee benefits; ► Employee vacationisick time used; ► Council and employee work e-mail address; ► employee length of service; and ► Birthdates — Ongoing casesilegislation regarding birthdates (some ability for exemption). Penalties and Attorney's Fees ► City cannot require requestor to complete an administrative appeal process before filing lawsuit. ► RCW 42.56.550(4) provides that it "shall be within the discretion of the court to award such person an amount not to exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record. how much of a fine to assess is based on two steps: (1) count the number of days the party was denied access to the records; and (2) determine the appropriate per day penalty, up to $100 per day depending on the nature of the denial. ► The prevailing party is entitled to "reasonable attorney fees" and costs of suit. Penalty per document or per request? ► Until 2016, the rule was that the daily penalty applied to the request, not per document. • Yousoufian v. Sims, 152 Wn.2d 451 (2004). ► State Supreme Court has ruled that it is within the trial court's discretion to assess a daily penalty for each page of each document wrongfully withheld, depending on the circumstances (i.e. how egregious the violation was). • Wade's Eastside Gun Shop v. Department of Labor & Industries. Determining penalty amount ► Factors used by Courts to determine amount of penalty ■ Yousoufian v. Sims (V), 168 Wn.2d. 444 (2010) ■ 7 mitigating factors • Examples: good faith, honest, timely, and strict compliance with all the procedural requirements and exceptions; proper training; reasonableness of reason for noncompliance; tracking systems • Size of agency is a valid consideration ■ 8 aggravating factors • Examples: lack of strict compliance; lack of proper training; negligent) recklesslbad faithlintentional noncompliance with the PRA; potential for public harm; deterrent effect Reporting/log requirements ► Logs of public record requests and responses RCW 40.14.026. ■ ID of requestor, date request was received, text of original request, description of the records produced, description of records redacted or withheld and reasons, and date request was closed ► Annual reports to Joint Legislative Audit and Review Committee (JLARC) ■ If PRA costs exceed $100,000, City must report to JLARC ■ 15 different metrics in report: information concerning costs incurred, staff time, response time, etc. Retention Schedule Basics RCW 40.14.070 discusses local government authority for disposition of records, following the retention schedules established by the state. Numerous types of retention schedules at: https://www.sos.wa.gov/archives/RecordsManagement/Managing-City-Records.aspx Lifecycle of records: 1) Create or receive, 2) use, 3) store, 4) destroy or preserve WASHINGTON Secretary of State Washington State Archives Local Government Common Records Retention Schedule (CORE) Version 5.0 (October 2024) 1.12 MEETINGS AND BOARD/COMMITTEE SUPPORT The activities associated with documenting staff appointments/activities and assembling of groups of people for the purpose of information -shoring, discussion, planning, and/ordecision-making. DISPOSITION AUTHORITY DESCRIPTION OF RECORDS RETENTION AND DISPOSITION AC710N DESIGNATION NUMBER IDANI GS2016-007 Meeting Materials —Members'Copies/Notes Retain until no longer NON -ARCHIVAL Rev. 1 Individual members' meeting materialsfrom participating in advisory, governing/ needed for agency business NON -ESSENTIAL executive/policy-setting, internal/external committees (including nationaVexternal then OEM bodies), and staff meetings, provided the Committee's records are retained bythe Destroy secretary/responsible agency/member. Includes, but is not limited to: • Copies of agendas, meeting packets, minutes, etc.; • Working notes/drafts, individual member's audio/visual recordings, etc.; • Related correspondence/communications. Questions on the PRA? The Open Public Meetings Act Spokane %Valley® The Open Public Meetings Act (OPMA) ► Washington State law enacted in 1971. ► Codified under chapter 42.30 RCW. ► Applies to all city and town councils, and many subordinate city and town boards and committees. ► Applies to planning commission, lodging tax advisory committee, street sustainability committee, salary commission, etc. Purpose of OPMA ► Governments "exist to aid in the conduct of the people's business." RCW 42.30.010. ► "The people of this state do not yield their sovereignty to the agencies which serve them." Id. ► "The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know." Id. ► "The people insist on remaining informed so that they may retain control over the instruments they have created." Id. ► Goal is transparency and public trust. ► "It is the policy of the state that a governing body's actions, including deliberations, shall be taken and conducted in the open." ESHB 1329 OPMA requirements OPMA requires that: ► All meetings of the governing body shall be open to the public. ► All actions taken by such bodies shall be done at meetings that are open to the public. What is a "meeting"? ► There must be a "meeting" in order to trigger the requirements of the OPMA. ■ "Meeting" means meetings at which action is taken; ■ "Action" means the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions; ■ Physical presence is not required (e.g., email, phone call, texting). ► Majority (quorum) implicates "meeting" rules. What is a "meeting"? cont. ► Courts have ruled that "serial meetings" are "meetings" under the OPMA. ► What is a serial meeting? ■ Example: One Councilmember speaks with two other Councilmembers about particular City business. Unbeknownst to the original Councilmember, a fourth Councilmember also speaks to the two other Councilmembers about the same City business. • So now all four Councilmembers, which constitutes a quorum, have discussed the City business and have done so outside of an open public meeting. ► Best practice: Conduct all discussions in public meetings. What is a "meeting"? (cont.) ► Email and other electronic communications (e.g. texts or social media) may constitute a meeting which violates the OPMA if it goes back and forth. ■ Solely receiving information is not a violation. Responding to email could be a violation depending on the circumstances. ► It is not necessary that a governing body take "final action" (a vote) for a meeting to be subject to the OPMA. ► Discussion regarding City matters is "action." ■ Requires notice as a public meeting if a quorum of members are present for the discussion. What is not a "meeting"? ► What is not a meeting: ■ If City matters are not discussed, then the gathering is not a "meeting" subject to OPMA (even if a quorum is present). ■ Examples: • Social gatherings if City business is not discussed; • Gatherings before or after official action (such as the time prior to Council meetings) so long as City business is not discussed; • Meetings of other government agencies (BoCC, chamber of commerce), so long as the Council/Commission members do not discuss City business amongst themselves ► Perception still important. What is not a "meeting"? ► Outlined in detail in the Planning Commission Rules and Procedures. ■ Regular meetings are every second and fourth Thursday beginning at 6:00 pm. ■ All other meetings are "special" meetings. ► Some general requirements: ■ Notice (depends on the regular vs. special meetings); ■ Open to public unless an executive or closed session; ■ Votes cannot be by secret ballot; ■ Member of public cannot be forced to give their name or other information as condition of attendance (can condition a person's ability to speak at the meeting on providing information). ► RCW 42.30.240: "Except in an emergency situation, the governing body of a public agency shall provide an opportunity at or before every regular meeting at which final action is taken for public comment." OPMA exceptions and exemptions ► No City business = OPMA not implicated. ■ If no official business of City is transacted, OPMA does not apply. ■ Public perception is a separate consideration from what is legal. ► Active preparation for litigation. ► Executive sessions: ■ 11+ specific circumstances, defined by statute. ► Closed session (OPMA simply does not apply). ■ RCW 42.30.140 (quasi-judicial matters and collective bargaining issues). Executive sessions ► Four common examples: ■ Interviewing candidates/qualifications for appointed positions (City Manager); ■ Discussing applicant qualifications for open Council position; ■ Considering the job performance of an employee; ■ Considering the acquisition of real property where the discussion, if public, could increase the price; ■ Discussions with legal counsel about litigation -related matters. ► No final decisions allowed in executive sessions OPMA penalties ► Effect of penalty: ■ The penalty for a violation of the act is direct: any action taken in violation of the OPMA is null and void; ■ "Any person" may bring the action in superior court. ► Individual liability. ■ $500 penalty for first violation if they attend with knowledge that the meeting is in violation of the Act, and $1,000 for subsequent violations. ► City or City Council liability. ■ Liable for all costs, including reasonable attorney fees. Questions on OPMA?