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2013, 04-23 Regular Meeting
AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT MEETING Tuesday,April 23,2013 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER: INVOCATION: Pastor Bill Dropko of Greenacres Christian Fellowship Church PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: April Community Recognition, Presentation of Key and Certificate Mayor Towey COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: MAYOR'S REPORT: Proclamations: Workers'Memorial Day; Drug Endangered Children Awareness Day PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.)When you come to the podium, please state your name and address for the record and limit remarks to three minutes. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a.Approval of the following claim vouchers: VOUCHER LIST DATE VOUCHER NUMBERS: TOTAL AMOUNT 04/04/2013 4278-4281; 4293; 28754-28759 $267,739.86 04/05/2013 28760-28825; 328130237; 329130018 $1,720,781.67 04/08/2013 28826 $95.50 04/12/2013 28827-28853 $101,622.46 04/12/2013 28854-28907; 404130026 $425,254.66 GRAND TOTAL $2,515,494.15 b.Approval of Payroll for period ending April 15,2013: $289,240.66 c.Approval of Resolution 13-004 Sponsoring the Library for AWC Membership d.Approval of April 2,2013 Council Study Session Meeting Minutes e.Approval of April 4,2013 Council Special Meeting Minutes Council Agenda 04-23-13 Formal Format Meeting Page 1 of 2 f.Approval of April 9,2013 Council Formal Meeting Minutes g.Approval of April 16,2013 Council Study Session Meeting Minutes NEW BUSINESS: 2.First Reading Ordinance 13-004, SEPA Regulations—Lori Barlow [public comment] 3. Proposed Resolution 13-005 Amending Governance Manual—Chris Bainbridge [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.)When you come to the podium, please state your name and address for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 4. Code Revision Concerning Dangerous Dogs—Cary Driskell 5.Advance Agenda—Mayor Towey INFORMATION ONLY(will not be reported or discussed): 6. Planning Commission Minutes (February 14 and 28;March 13,2013) 7. Spokane Valley Fire Department Quarterly Report 8. Department Monthly Reports CITY MANAGER COMMENTS ADJOURNMENT General Meetinji Schedule(meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are generally held the 2°°—d and 4th Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats(the less formal meeting)are generally held the 1st 3'd and 5th Tuesdays. Study Session formats DO NOT have time allocated for general public comments;but if action items are included, comments are permitted after those specific action items.NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical,hearing, or other impairments,please contact the City Clerk at (509)921-1000 as soon as possible so that arrangements may be made. Council Agenda 04-23-13 Formal Format Meeting Page 2 of 2 sjoI ' , ane V alley 'l: roWu-nation City of Spo4ne Valley, Washington Worfurs Memorialmay WHEREAS, A number of American workers are killed every year on the job and many are permanently disabled; and WHEREAS, Loved ones, friends and co-workers of fallen workers experience loss and suffering; and WHEREAS, The families of fallen workers experience economic hardship as well as emotional devastation; and WHEREAS, Labor forces must work together in harmony with business and government to prevent workplace deaths, injuries and disease; and WHEREAS, A memorial ceremony provides citizens of Spokane Valley and the rest of the region an opportunity to pay tribute to fallen workers and rededicate ourselves to workplace safety and health. NOW, THEREFORE, I, Thomas Towey, Mayor of the City of Spokane Valley, on behalf of the Spokane Valley City Council and the citizens of the City of Spokane Valley, do hereby proclaim April 28, 2013, as Workers'Memorial Day and I encourage local agencies, businesses and organizations to help ensure that all workers are confident in the knowledge that their health and safety is a priority. Dated this 23rd day of April 2013. Thomas Towey, Mayor pSari ane ane ��: roctamatton Valley° City of Spokane Va1T y, Washington Drug Endangered Chi(drenAwareness(Day WHEREAS, the month of April is designated as National Child Abuse Prevention Month and Wednesday April 24, 2013, is declared Drug Endangered Children Awareness Day; and WHEREAS, children whose parents or caregivers use drugs are three times more likely to be abused and four times more likely to be neglected; and drug endangered children are at a higher risk for abuse and neglect; and WHEREAS, it is estimated that in Washington State in 2012, between 8,000 and 10,000 infants born were exposed prenatally to illegal drugs or alcohol; and of those infants, between 800 and 1,000 suffer adverse effects due to that prenatal exposure; and WHEREAS, expectant parents need to receive information about the effects that drugs and other substances have on their judgment and parents abilities, as well as receive information about the effects that drugs and substances have on unborn babies; and WHEREAS, those in need of treatment who are either pregnant or already have children have a right to treatment options that support their role as a parent, and take into consideration their children's needs in the journey through their treatment and sustained recovery; and WHEREAS, the statewide Washington Alliance for Drug Endangered Children (WADEC) along with its partner the Greater Spokane Substance Abuse Council (GSSAC), invite all residents of Spokane Valley to participate in Drug Endangered Children Awareness Day. NOW, THEREFORE, I, Thomas Towey, Mayor of the City of Spokane Valley, on behalf of the Spokane Valley City Councilmembers, do hereby proclaim April 24, 2013 as Drug Endangered Children Awareness Day for the City of Spokane Valley, and I urge all Spokane Valley citizens to honor this observance by valuing all children through our words and actions every day in every way we can. Dated this 23rd day of April, 2013. Thomas E. Towey, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2013 Department Director Approval: III Check all that apply: consent ❑ old business El new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE VOUCHER NUMBERS; TOTAL AMOUNT 04/04/2013 4278-4281; 4293;28754-28759 $267,739.86 04/05/2013 28760-28825; 328130237; 329130018 $1,720,781.67 04/08/2013 28826 $95.50 04/12/2013 28827-28853 $101,622.46 04/12/2013 28854-28907; 404130026 $425,254.66 GRAND TOTAL $2,515,494.15 Explanation of Fund Numbers found on Voucher Lists #001 - General Fund Other Funds 001.011.000.511 City Council 101 —Street Fund 001,013.000.513. City Manager 103 —Paths &Trails 001.013.015.515. Legal 105 —HoteUMotel Tax 001.016.000. Public Safety 120--CenterPlace Operating Reserve 001.018.013.513, Deputy City Manager 121 —Service Level Stabilization Reserve 001.018.014.514. Finance 122---Winter Weather Reserve 001.018,016.518. Human Resources 123 —Civic Facilities Replacement 001.032.000. Public Works 204—Debt Service 001.058.050.558. Comm. Develop.-Administration 301 —Capital Projects(Pt 1/4%REET) 001.058.055.558. Comm. Develop.—Develop.Eng. 302—Special Capital Proj (2"d 1/4% REET) 001.058.056.558. Community Develop,-Planning 303—Street Capital Projects 001.058.057.558. Community Develop.- Building 304—Mirabeau Point Project 001.076.000.576. Parks &Rec—Administration 307—Capital Grants 001.076.300.576. Parks&Rec-Maintenance 309—Parks Capital Grants 001.076.301.571. Parks&Rec-Recreation 310—Civic Bldg Capital Projects 001.076.302.576. Parks &Rec-Aquatics 311 —Pavement Preservation 001.076.304.575. Parks &Rec- Senior Center 312—Capital Reserve 001.076.305.571. Parks &Rec-CenterPlace 402--Stormwater Management 001.090.000.511. General Gov't-Council related 403 —Aquifer Protection Area 001.090.000.514. General Gov't-Finance related 501 —Equipment Rental&Replacement 001.090.000.517. General Gov't-Employee supply 502—Risk Management 001.090.000.518. General Gov't-Centralized Services 001,090.000.519. General Gov't-Other Services 001.090.000.540. General Gov't-Transportation 001.090.000.550. General Gov't-Natural&Economic 001.090.000.560, General Gov't-Social Services 001.090.000.594. General Gov't-Capital Outlay 001.090.000.595, General Gov't-Pavement Preservation RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. STAFF CONTACT: Mark Calhoun, Finance Director; ATTACHMENTS: Voucher Lists vchlist Voucher List Page: 1 04/04/2013 2:25:37PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 4278 4/5/2013 000048 VANTAGE TRANSFER AGENTS,401A PLAN Ben48680 001.231.14.00 401A:Payment 27,678.14 Total: 27,678.14 4279 4/5/2013 000682 EFTPS Ben48682 001.231.11.00 FEDERAL TAXES:Payment 29,413.76 Total: 29,413.76 4280 4/5/2013 000145 VANTAGEPOINT TRANSFER AGENTS,457 FL/ Ben48684 001.231.18.00 457 DEFERRED COMPENSATION:Payr 5,266.94 Total: 5,266.94 4281 4/5/2013 000162 VANTAGE TRANSFER AGENTS,401A EXEC PL Ben48686 001.231.14.00 401 EXEC PLAN:Payment 1,083.90 Total: 1,083.90 4293 4/5/2013 000682 EFTPS Ben48694 001.231.11.00 FEDERAL TAXES:Payment 949.40 Total: 949.40 28754 4/5/2013 000120 AWC Ben48670 001.231.16.00 HEALTH PLANS:Payment 109,701.40 Ben48690 001.231.16.00 HEALTH PLANS(COUNCIL):Payment 8,540.69 Total: 118,242.09 28755 4/5/2013 000165 DEPT OF RETIREMENT SYSTEMS Ben48672 001.231.15.00 PERS:Payment 57,215.81 Total: 57,215.81 28756 4/5/2013 002227 IDAHO TAX COMMISSION Ben48674 001231.50.03 IDAHO STATE TAX BASE:Payment 1,052.65 Total: 1,052.65 28757 4/5/2013 000164 LABOR&INDUSTRIES Ben48668 001.231.17.00 LABOR&INDUSTRIES:Payment 23,541.50 Ben48692 001.231.17.00 LABOR&INDUSTRIES:Payment 240.87 Total: 23,782.37 28758 4/5/2013 000699 WA COUNCIL CO/CITY EMPLOYEES Ben48676 001.231.21.00 UNION DUES:Payment 2,223,92 Total: 2,223.92 28759 4/5/2013 002574 WASHINGTON TRUST BANK Ben48678 001.231.20.00 BERG20110-02-03952-4:Payment 830.88 Total: 830.88 11 Vouchers for bank code: apbank Bank total: 267,739.86 Page: 1 vchlist 04/05/2013 11:29:35AM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice 28760 4/5/2013 000648 ABADAN 28761 4/5/2013 002988 ACE LANDSCAPING 180600 182088 28190 2367 2445 28762 4/5/2013 002931 ALL-WESTERN INDUSTRIAL SUPPLY 95403 95559 LSPO1294899 EXPENSE 183514-1323 28763 4/5/2013 001081 ALSCO 28764 4/5/2013 003076 AMSDEN, ERICA 28765 4/5/2013 000135 APA 28766 4/5/2013 001012 ASSOC BUSINESS SYSTEMS 28767 4/5/2013 000168 BLACK BOX NETWORK SVC 28768 4/5/2013 002517 BROWN BEARING CO INC 28769 4/5/2013 002562 CD'A METALS 28770 4/5/2013 000101 CDW-G 624952 625148 SPO-042129 5148001 577108 580061 Z968183 Fund/Dept 303.303.146.595 303.303.171.595 001.032.000.543 101.042.000.542 101.042.000.542 101.042.000.542 101 000.000.542 001.058.057.558 101.042.000.542 001.058.056.558 001.013.015.515 001.058.050.558 001.090.000.518 101.042.000.542 101.000.000.542 101.000.000.542 001.090.000.518 Description/Account Amount SUPPLIES: PW SPRAGUE AVE ADA IMPROVEMENT SUPPLIES: PW Total : 2013 LANDSCAPING RIGHT OF WA 2013 LANDSCAPING RIGHT OF WA Total : SUPPLIES: PW SUPPLIES: PW FLOOR MATS: BLDG DEPT Total : Total : EXPENSE REIMBURSEMENT Total : APA MEMBERSHIP: PALANIUK Total : COPIER MAINT: LEGAL COPIER MAINT:CD PHONE SERVICE CALL SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES FOR IPAD Total : Total : Total : Total 174.46 171.85 191.14 537.45 9,211.41 7,901.00 17,112.41 301.29 43.70 344.99 44.72 44.72 33.94 33.94 225.00 225.00 100.43 219.14 319.57 118.49 118.49 6.79 6.79 92,40 17.39 109.79 49.93 Page: 1 vchlist 04/05/2013 11:29:35AM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice 28770 4/5/2013 000101 000101 COW-G 28771 4/5/2013 003306 CENTURY SURVEY, INC. 28772 4/5/2013 002572 CINTAS CORPORATOIN (Continued) 2470 606752392 606753365 606754328 606755313 28773 4/5/2013 003308 CLEAR CHANNEL BROADCASTING INC 240-97082 240-97127 43054 APRIL 2013 28774 4/5/2013 000571 CODE PUBLISHING CO 28775 4/5/2013 001880 CROWN WEST REALTY LLC 28776 4/5/2013 000683 DAVID EVANS&ASSOCIATES 28777 4/5/2013 003255 DAY WIRELESS SYSTEMS 28778 4/5/2013 000734 DEPT OF TRANSPORTATION 28779 4/5/2013 000278 DRISKELL, CARY 28780 4/5/2013 001232 FASTENAL CO 328742 329131 549933 RE-313-ATB30212065 RE-313-ATB30312054 RE-313-ATB30312056 EXPENSE I DLEW88240 IDLEW88266 Fund/Dept 303.303.166.595 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 001.090.010.513 001.090.010.513 001.013.000.513 101.042.000.543 101.042.000.542 001.058.055.558 101.042.000.543 101.042.000.542 101.042.000.542 101.042.000.542 001.013.015.515 Description/Account Amount Total : PROFESSIONAL SURVEY SERVICE Total : SUPPLIES: PW ACCOUNT 02356 SUPPLIES: PW ACCOUNT 02356 SUPPLIES: PW ACCOUNT 02356 SUPPLIES: PW ACCOUNT 02356 Total : RADIO ADVERTISEMENT: 10TH AN RADIO ADVERTISEMENT: 10TH AN Total : MUNICIPAL CODE UPDATE Total : COMMON AREA MAINT FACILITY C Total : 2012 TRAFFIC ENGINEERING SER' SURVEYING PROFESSIONAL SER' Total : TOWER RENTAL:APRIL 2013 Total : SIGNAL&ILLUMINATION MAIN STATE ROUTE ROADWAY MAINT_ SIGNAL&ILLUMINATION MAIN Total : EXPENSE REIMBURSEMENT: MAR Total : 101.042.000.542 SUPPLIES: PW 101.042.000.542 SUPPLIES: PW 49.93 7,450.00 7,450.00 149.65 241.44 147.47 137.58 676.14 2,510.00 1,034.00 3,544.00 366.86 366.86 176.37 176.37 8,167.76 2,056.00 10,223.76 202.00 202.00 4,005.79 8,259.58 1,668.21 13,933.58 56.77 56.77 7.58 12.72 Page: 2 vchlist 04/05/2013 11:29:35AM Voucher List Spokane Valley Page: 3 Bank code : apbank Voucher Date Vendor 28780 4/5/2013 001232 FASTENAL CO 28781 4/5/2013 002507 FASTENERS, INC 28782 4/5/2013 003261 FEHR&PEERS 28783 4/5/2013 001447 FREE PRESS PUBLISHING INC 28784 4/5/2013 002992 FREEDOM TRUCK CENTERS 28785 4/5/2013 000007 GRAINGER 28786 4/5/2013 003177 GUTH, ERIC 28787 4/5/2013 002520 HUSKY INTERNATIONAL TRUCKS Invoice (Continued) IDLEW88287 IDLEW88411 53574176.001 85914 109889 39395 39398 39492 39493 39499 PC001129322:01 PC001129322:02 PC001129948:01 PC001132088:01 9090415481 9097584214 9097619192 9102257582 EXPENSE 81657 81678 81690 82128 Fund/Dept Description/Account 101.000.000.542 SUPPLIES: PW 101.000.000.542 SUPPLIES: PW 101.000.000.542 SUPPLIES: PW Total : Total 303.303.159.595 0159-UNIVERSITY ROAD OVERPA Total : 001.090.010.513 001.076.305.575 001.058.056.558 001.058.056.558 001.058.056.558 001 013.000.513 101.042.000.542 101.042.000.542 101.042.000.542 101.000.000.542 101.042.000.542 101.042.000.542 101.042.000.542 101.042.000.542 10TH ANNIVERSARY ADVERTISEM LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION TOOLS: PW TOOLS: PW TOOLS: PW SUPPLIES CREDIT: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW Total : Total : Total : 001.032.000.543 EXPENSE REIMBURSEMENT Total : 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 SUPPLIES FOR MAINT SUPPLIES FOR MAINT SHOP SUPPLIES FOR MAINT SHOP SUPPLIES FOR MAINT SHOP Amount 11.73 53.07 85.10 83.75 83.75 20,697.72 20,697.72 222.50 46.40 127.50 182.40 108.80 28.05 715.65 1,302.44 108.69 298.91 -81.51 1,628.53 28.98 26.59 157.83 62.73 276.13 42.38 42.38 558.11 774.00 446.80 18.98 Page: 3 vchlist 04/05/2013 11:29:35AM Voucher List Spokane Valley Page: 4 Bank code: apbank Voucher Date Vendor Invoice 28787 4/5/2013 002520 002520 HUSKY INTERNATIONAL TRUCKS (Continued) 28788 4/5/2013 002810 INLAND NW PARTNERS ASSOC 28789 4/5/21 013 000265 JACKSON, MIKE 28790 4/5/2013 000864 JUB ENGINEERS, INC. 28791 4/5/2013 003238 KPFF CONSULTING ENGINEERS 28792 4/5/2013 003313 LADD, MARIA 28793 4/5/2013 003185 LAMB, ERIK 28794 4/5/2013 000662 NAT'L BARRICADE&SIGN CO 79092 79128 28795 4/5/2013 000652 OFFICE DEPOT INC. 646538175001 648323421001 649985072001 MEMBERSHIP 2013 APRIL 2013 0080582 11226410-0213 EXPENSE EXPENSE 28796 4/5/2013 000019 PURRFECT LOGOS, INC. 28797 4/5/2013 002580 S&S DESIGN 28798 4/5/2013 000709 SENSKE LAWN&TREE CARE INC. 30892 32414 5347351 Fund/Dept 001.018.013.513 001.013.000.513 101.042.000.542 402.402.000.531 001.018.016.518 001.013.015.515 402.402.000.531 101.042.000.542 001.076.305.575 001.032.000.543 001.032.000.543 001.058.056.558 001.076.305.575 402.402.000.531 Description/Account MEMBERSHIP DUES 2013 Total : Total : MONTHLY AUTO ALLOWANCE Total : TIP DATA MAINTENANCE AND UPD Total : DECANT FACILITY STUDY Total : EXPENSE REIMBURSEMENT Total : EXPENSE REIMBURSEMENT: MAR Total : SUPPLIES: PW SUPPLIES: PW Total : OFFICE SUPPLIES: PARKS/REC OFFICE SUPPLIES: PW OFFICE SUPPLIES: PW NAME SIGN: MIKE PHILLIPS Total Total : SUPPLIES FOR CENTER PLACE Total : EMERGENCY TRAFFIC CONTROL Total : Amount 1,797.89 150.00 150.00 300.00 300.00 4,054.39 4,054.39 849.99 849.99 7.63 7.63 21.78 21.78 190.77 1,682.35 1,873.12 240.93 88.81 28.98 358,72 16.31 16.31 240.00 240.00 542.71 542.71 Page: 4 vchlist 041105/2013 11:29:35AM Voucher List Spokane Valley Page: 5 Bank code : Voucher 28799 4/5/2013 002531 SIX ROBBLEES INC 28800 4/5/2013 001892 SKILLINGS CONNOLLY INC apbank Date Vendor Invoice 28801 28802 28803 28804 28805 28806 28807 28808 28809 28810 4/5/2013 002285 SKINFILL, LINDSEY 4/5/2013 000230 SPOKANE CO AUDITORS OFFICE 4/5/2013 000172 SPOKANE CO ENGINEER 4/5/2013 000459 SPOKANE CO TITLE CO 4/5/2013 000001 SPOKANE CO TREASURER 4/5/2013 002540 SPOKANE HOUSE OF HOSE INC. 4/5/2013 000093 SPOKESMAN-REVIEW 4/5/2013 000311 SPRINT 4/5/2013 000202 SRCAA 4/5/2013 001895 TAYLOR ENGINEERING INC 5-664705 8228 8229 EXPENSE EXPENSE MARCH 2013 VLY 1302 5-188824-29 51501497 277235 348187 959698810-064 3632 1 2 2 Fund/Dept Description/Account 101.000.000.542 303.303.168.595 303303.156.595 001.090.000.517 001.018.016.518 001.058.056.558 402.402.150.595 303.303.168.595 101.042.000.542 101.000.000.542 001.013.000.513 001.058.057.558 001.090.000.553 303.303.149.595 311.000.174.595 303.303.168.595 Amount SUPPLIES: PW Total RIGHT OF WAY ACQUISITION SERA RIGHT OF WAY ACQUISITION SERA Total : EXPENSE REIMBURSEMENT EXPENSE REIMBURSEMENT Total : RECORDING FEES Total : FEBRUARY COUNTY SERVICES Total : WELLESLEY/ADAMS SIDEWALK P Total : DETENTION SVCS INVOICE:JAN U" Total : SUPPLIES: PW Total : ADVERTISEMENT:ACCOUNT 4236 Total GPS PHONE: MARCH 2013 Total LOCAL ASSESSMENT FOR 2ND al- Total : DESIGN SERVICES DESIGN SERVICES DESIGN SERVICES 66.77 66.77 7,411,50 484.24 7,895.74 13.04 12.89 25.93 123.00 123.00 34,117.44 34,117.44 1,760.94 1,760.94 838.51 838.51 92.95 92.95 465.09 465.09 70.20 70.20 28,930.00 28,930.00 179.89 479.71 5,456.65 Page: 5 arch I ist 04/05/2013 11:29:35AM Voucher List Spokane Valley Page: 6 Bank code: apbank Voucher Date Vendor Invoice 28810 4/5/2013 001895 TAYLOR ENGINEERING INC (Continued) 28811 4/5/2013 003312 TAYLOR,CHELSIE EXPENSE 28812 4/5/2013 001472 TESTAMERICA LAB 59006698 28813 4/5/2013 000335 TIRE-RAMA 8080021880 8080022036 28814 4/5/2013 002254 TOWEY,TOM EXPENSE 28815 4/5/2013 001464 TW TELECOM 05410339 28816 4/5/2013 002185 URS CORPORATION 5437466 28817 4/5/2013 001248 USKH, INC. 01372200 28818 4/5/2013 002188 VALLEY BEST-WAY BLDG SUPPLY MARCH 2013 28819 4/5/2013 003206 VAN NESS FELDMAN, LLP 102503 28820 4/5/2013 000087 VERIZON WIRELESS 9701745338 9701746480 Fund/Dept 001.018.014.514 402.02.000.531 001.058.055.558 101.042.000.542 001.011.000.511 001.076.305.575 001.058.158.558 303.303.156.595 402.402.000.531 001.058.056.558 001.016.000.521 001.016.000.521 28821 4/5/2013 000038 WASTE MANAGEMENT OF SPOKANE 1748104-2681-0 402.402.000.531 Description/Account Amount Total : 6,116.25 EXPENSE REIMBURSEMENT Total : 24TH DUMPING SOIL TESTING Total : 06769D:TAIL LIGHT 40209D: OIL CHANGE Total : EXPENSE REIMBURSEMENT: MAR Total : INTERNET/DATA/PHONE LINES: MI Total : SHORELINE MASTER PROGRAM Total : 0156-TOPOGRAPHIC MAPPING Al Total SUPPLIES: PUBLIC WORKS PROFESSIONAL SERVICES Total : 325.00 325.00 207.00 207.00 14.12 47.74 61.86 120.37 120.37 1,159.19 1,159.19 7,252.00 7,252.00 2,798.47 2,798.47 351.84 351.84 3,577.50 Total : 3,577.50 AIR CARDS FOR POLICE CHEIF AIR CARDS FOR POLICE DEPARTh Total : 40.01 803.20 843.21 WASTE MGMT: MAINT FACULTY 180.24 Page: 6 vchlist 04/05/2013 11:29:35AM Voucher List Page: 7 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28821 4/5/2013 000038 000038 WASTE MANAGEMENT OF SPOKAN (Continued) Total : 180.24 28822 4/5/2013 000255 WFOA 8138 001.018.014.514 NIMRI 2013 50.00 Total : 50.00 28823 4/5/2013 001949 WILSON,SAYDEE EXPENSE 001.018.014.514 EXPENSE REIMBURSEMENT 325.00 Total : 325.00 28824 4/5/2013 002651 WOODARD,ARNE EXPENSE 001.011.000.511 EXPENSE REIMBURSEMENT: FEW 131.32 Total : 131.32 28825 4/5/2013 001885 ZAYO GROUP LLC March 2013 B 001.090.000.518 HIGH SPEED INTERNET CITY HALL 558.25 Total : 558.25 328130237 4/1/2013 002244 AOT PUBLIC SAFETY CORPORATION SPKVLY-39 001.016.000.521 CRYWOLF CHARGES: FEBRUARY 3,251.24 Total : 3,251.24 329130018 3/29/2013 000001 SPOKANE CO TREASURER 9290200445 001.016.000.521 LAW ENFORCEMENT:MARCH 1,529,812.00 Total : 1,529,812.00 68 Vouchers for bank code: apbank Bank total : 1,720,781.67 68 Vouchers in this report Total vouchers : 1,720,781.67 Page: 7 vchlist 04108/2013 2:16:10PM Voucher List Page: Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 28826 4/8/2013 000365 DEPT OF LICENSING LICENSING 001.058.057.558 LICENSING FEES 2013 ESCAPE: Di 47.75 LICENSING-B 001.058.057.558 LICENSING FEE 2013 ESCAPE: Da: 47.75 Total : 95.50 1 Vouchers for bank code: apbank Bank total : 95.50 1 Vouchers in this report 1,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Total vouchers : 95.50 Page: 1 vchlist 04112/2013 2:05:24PM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor 28827 4/12/2013 000150 ALLIED FIRE&SECURITY 28828 4/1212013 001081 ALSCO 28829 4/12/2013 000918 BLUE RIBBON LINEN SUPPLY INC 28830 4/12/2013 003300 CAPITAL ONE COMMERCIAL 28831 4/12/2013 001169 CITY OF SPOKANE VALLEY Invoice RCB1105058 LSPO1286344 LSPO1292418 9419894 9421909 S0050923 S0051898 March 2013 April 2013 28832 4/12/2013 003317 COEUR D'ALENE PRESS, SHOSHONE r\ 2878963 28833 4/12/2013 000326 CONSOLIDATED IRRIGATION#19 28834 4/12/2013 003083 DEBOISE, BRITTANI 28835 4/12/2013 000900 DEPT OF L&I March 2013 Expenses 145814 28836 4/12/2013 003316 INLAND NW BUSINESS,TRAVELASSOC 2013 28837 4/12/2013 001635 ISS FACILITY/EVENT SERVICES 557367 557368 Fund/Dept 001.076.305.575 001.016.000.521 001.016,000.521 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.058.056.558 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 Description/Account Amount SECURITY MONITORING: CENTER Total : FLOOR MATS PRECINCT FLOOR MATS: PRECINCT Total : LINEN SUPPLY AND SERVICE AT C LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLYATC LINEN SERVICE AND SUPPLY AT C Total SUPPLIES: CP, IT,AND 10TH ANNIP Total : PETTY CASH:8737,8738 Total : ADVERTISING FOR BRIDAL EXPO Total : UTILITIES: PARKS Total : EXPENSE REIMBURSEMENT Total : ELEVATOR ANNUAL OPERATING C Total : INBTA TRADE SHOW EXHIBITOR F Total : EVENT SERVICES AT CENTERPLA( MARCH 2013 MONTHLY CLEANING 112.50 112.50 20.39 20.39 40.78 234.11 56.57 68.75 250.39 609.82 4,126.15 4,126,15 12.36 12.36 695.00 695.00 66.67 66.67 13.56 13.56 114,10 114.10 550.00 550.00 98.50 7,136.00 Page: 1 vch l ist 04/1212013 2:05:24PM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice 28837 4/12/2013 001635 28838 28839 28840 28841 28842 28843 28844 28845 28846 28847 28848 28849 001635 ISS FACILITY/EVENT SERVICES (Continued) 4/12/2013 000132 MODERN ELECTRIC WATER CO March 2013 March 2013 4/12/2013 000283 NRPA 2013 4/12/2013 000652 OFFICE DEPOT 1NC. 1563070440 4/12/2013 001860 PLATT 3623745 4/12/2013 000709 SENSKE LAWN&TREE CARE INC. 4613576 5415491 4/12/2013 000935 SERVICE PAPER CO 76838335 4/12/2013 000323 SPOKANE CO UTILITIES APRIL 2013 4/12/2013 001992 SPOKANE HOTEL MOTELASSOC 1234 4/12/2013 000404 SPOKANE VALLEY HERITAGE MUSEUM #1 4/12/2013 001083 STANDARD PLBG HEATING CONTROLS 50625 4/12/2013 002212 STANLEY SECURITY SOLUTIONS 10034215 4/12/2013 001911 THE GLOVER MANSION CP760 Fund/Dept Description/Account Amount Total : 7,234.50 001.016.000.521 UTILITIES: PARKS 10t042.000.542 UTILITIES: PW 001.076.000.576 MEMBERSHIP FOR 93303 001.013.000.513 001.076.305.575 001.076.300.576 001.016.000.521 001.076.305.575 001.076.302.576 001.076.305.575 001.090.000.550 001.016.000.521 001.016.000.521 001.076.305.575 Total Total : 1,238.59 7,964.79 9,203.38 360.00 360.00 OFFICE SUPPLIES: EMPLOYEE AP 4.74 Total : 4.74 SUPPLIES FOR CENTERPLACE 114.12 Total : 114.12 CONTRACT MAINT PARKS: MARCH 57,482.94 VEGETATION MGMT/PEST CONTR( 503.17 Total : 57,986.11 OPERATING SUPPLIES:CENTERPI 305.13 Total : 305.13 SPOKANE CO SEWER CHRGS:APF 1,520.20 Total : 1,520.20 2013 LUNCHES FOR MEMBERS ME 36.00 Total : 36.00 OUTSIDE AGENCY ECO DEV GRAIN Total : 951.11 951.11 WORK ORDER 23138: PRECINCT E 412.84 Total : 412.84 MONITORING AND MAINTENANCE: 81.53 Total : 81.53 EVENT SERVICES AT CENTERPLAI 462.71 Page: 2 vchlist 04/12/2013 2 05:24PM Voucher List Spokane Valley Page: 3 Bank code : apbank Voucher Date Vendor Invoice 28849 4/12/2013 001911 001911 THE GLOVER MANSION 28850 4/12/2013 001444 UNITED LABORATORIES INV042084 28851 4/12/2013 003175 VISIT SPOKANE 5794 (Continued) 28852 4/12/2013 000038 WASTE MANAGEMENT OF SPOKANE 0057085-1518-3 28853 4/12/2013 001409 WORLD CLASS COMMUNICATIONS 130311173101 27 Vouchers for bank code: apbank 27 Vouchers in this report I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Fund/Dept 001.076.305.575 105.000.000.557 402.402.000.531 001.076.305.575 Description/Account Amount Total : 462.71 641.10 Total : 641.10 13,673.73 Total : 13,673.73 2,254.32 Total : 2,254.32 40.00 Total : 40.00 101,622.46 101,622.46 SUPPLIES FOR CENTERPLACE 2013 LODGING TAX REIMBURSEME WASTE MANAGEMENT: MARCH 20 ANSWERING SERVICE CENTERPL Bank total : Total vouchers : Page: 3 vchlist 04/12/2013 2:32:13PM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor 28854 4/12/2013 000958 AAA SWEEPING, LLC 28855 4/12/2013 000135 APA 28856 4/12/2013 000050 APA-INLAND EMPIRE SECTION 28857 4/12/2013 000334 ARGUS JANITORIAL LLC 28858 4/12/2013 001017 AVTECH SOFTWARE INC 28859 4/12/2013 000101 CDW-G 28860 4/12/2013 000322 CENTURYLINK 28861 4/12/2013 002572 CINTAS CORPORATOIN 28862 4/12/2013 000957 COBALT TRUCK EQUIPMENT 28863 4/12/2013 001888 COMCAST 28864 4/12/2013 000508 CONOCOPHILLIPS FLEET Invoice 49494 134254-1323 2013 CONE 2013 CONF 2013 CONF 2013 CONF INV008582 M013031415 BH29037 BJ36380 MARCH 2013 606752910 606754856 SR08527 SR08533 APRIL 2013 32554853 Fund/Dept 402.402.000.531 001.058.056.558 001.058.056.558 001.058.056.558 001.058.056.558 001.058.055.558 001.016.000.521 001.090.000.518 Description/Account 2013 STREET SWEEPING SERVICE Total : 2013 APA MEMBERSHIP: KENDALL Total : APA ANNUAL CONFERENCE: KUH7 2013 ANNUAL CONFERENCE: BASI 2013 ANNUAL CONFERENCE: BAR 2013 ANNUAL CONFERENCE: MAY Total : PRECINCT JANITORIAL SERVICE: I Total : AVTECH HARDWARE RENEWAL Total : 001.090.000.518 IT SUPPLIES 001.090.000.518 SUPPLIES: IT 001.076.000.576 101.042.000.543 402.402.000.531 101.000.000.542 101.000.000.542 001.090.000.518 001.058.057.558 Total : 2013 PHONE SVCS:ACCT 509 Z14- Total : SUPPLIES: PW ACCOUNT 02378 SUPPLIES: PW ACCOUNT 02378 Total : 473600: PAINT INSIDE/OUT 47304D: PAINT INSIDE/OUT Total : HIGH SPEED INTERNET: CITY HAL Total : MARCH 2013: FLEET FUEL BILL Amount 79,001.44 79,001.44 294.00 294.00 270.00 270.00 270.00 195.00 1,005.00 2,386.87 2,386.87 80.00 80.00 527.18 102.01 629.19 500.75 500.75 163.04 190.21 353.25 1,956.60 1,956.60 3,913.20 116.56 116.56 2,745.83 Page: 1 vchlist 04/1212013 2:32:13PM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice 28864 4/12/2013 000508 000508 CONOCOPHILLIPS FLEET 28865 4/12/2013 002662 DAVID'S BRIDAL, INC 28866 4/12/2013 002604 DELL FINANCIAL SERVICES LLC 28867 4/12/2013 002157 ELJAY OIL COMPANY 28868 4/12/2013 001447 FREE PRESS PUBLISHING INC 28869 4/12/2013 000609 GENDRONS CO 28870 4/12/2013 001253 GORDON THOMAS HONEYWELL 28871 4/12/2013 000007 GRAINGER 28872 4/12/2013 000692 GUS JOHNSON FORD 28873 4/12/2013 000002 H&H BUSINESS SYSTEMS INC. 28874 4/12/2013 001728 HP FINANCIAL SERVICES CO (Continued) ACCT#5320 76511679 4208490 Fund/Dept 001.076.305.575 001.090.000.548 101.042.000.542 Description/Account Amount Total : VENDOR PROGRAM FEE 2013:ACS Total : LEASE CONTRACT 001-8922117-0C Total : OIL PRODUCTS FOR MAINT SHOP Total : 39561 001.058.056.558 LEGAL PUBLICATION 39562 001.058.056.558 LEGAL PUBLICATION 2744 MAR 13 1042 9105351671 7867-7869 MARCH 2013 600361186 600361296 600362224 600364203 600364316 600364317 001.032.000.543 SUPPLIES: PW 001.011.000.511 LOBBYIST SERVICES 101.042.000.542 SUPPLIES: PW 501.000.000.594 Total : Total Total : Total : 2013 FORD ESCAPE PURCHASE C Total 001.058.057.558 COPIER COST 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 001.090.000.548 Total COMPUTER LEASE:572D8DD COMPUTER LEASE:572DD016 COMPUTER LEASE:572CD0E5 COMPUTER LEASE:572D8DD COMPUTER LEASE:572DA494 COMPUTER LEASE:572DD016 Total : 2,745.83 1,675.00 1,675,00 1,087.48 1,087.48 59.96 59.96 104.00 104.00 208.00 357.46 357.46 3,175.90 3,175.90 312.15 312.15 48,749.42 48,749.42 2,958.64 2,958.64 550.02 745.84 783.12 550.02 839.80 745.84 4,214.64 Page: 2 vchlist 04/12/2013 2:32:13PM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor 28875 4/12/2013 002520 HUSKY INTERNATIONAL TRUCKS 28876 4/12/2013 002518 INLAND PACIFIC HOSE&FITINGS 28877 4/12/2013 001944 LANCER LTD 28878 4/12/2013 002259 MENKE JACKSON BEYER EHILS 28879 4/12/2013 000258 MICROFLEX INC. Invoice 82129 489373 0435403 439 470 499 00021209 28880 4/12/2013 003305 MMEC ARCHITECTURE&INTERIORS 2013-151 28881 4/12/2013 001035 NETWORK DESIGN&MANAGEMENT 3727 3796 28882 4/12/2013 000239 NORTHWEST BUSINESS STAMP INC. 89539 28883 4/12/2013 000652 OFFICE DEPOT INC. 650949349001 28884 4/12/2013 002243 ORBITCOM 00656912 28885 4/12/2013 001904 OVERHEAD DOOR, INC 255794 28886 4/12/2013 000881 OXARC R191728 Fund/Dept 101.000,000.542 101.042.000.542 001.018.013.513 001.013.015.515 001.013.015.515 001.013.015.515 001.090.000.518 001.090.000.513 001.090.000.518 001.090.000.518 001.018.016.518 001.090.000.518 001.090.000.518 001.016.000.521 101.000.000.542 Description/Account SUPPLIES: MAINT SUPPLIES: PW Total : Total : BUSINESS CARDS:THOMPSON Total : PROFESSIONAL SERVICES PROFESSIONAL SERVICES PROFESSIONAL SERVICES Total : TAXTOOLS SOFTWARE RENTAL: IV Total : INTERIOR DESIGN: CITY HALL Total : MONTHLY SYSTEM MAINTENANCE MONTHLY SYSTEM MAINTENANCE Total : SLOTTED NAME BADGE SUPPLIES: IT ETHERNET:APRIL 2013 Total : Total : Total : SERVICE DOORS: PRECINCT Total : SUPPLIES: PW Amount 37.96 37.96 60.07 60.07 33.97 33.97 758.70 2,826.20 175.00 3,759.90 343.83 343.83 3,954.00 3,954.00 5,847.50 8,417.50 14,265.00 16.85 16.85 16.62 16.62 590.00 590.00 277.19 277.19 93.85 Page: 3 vchlist 04/1212013 2:32:13PM Voucher List Spokane Valley Page: 4 Bank code : apbank Voucher Date Vendor Invoice 28886 4/12/2013 000881 000881 OXARC 28887 4/12/2013 000437 PERIDOT PUBLISHING 28888 4/12/2013 001860 PLATT 28889 4/12/2013 000019 PURRFECT LOGOS, INC. 28890 4/12/2013 000256 RAINBOW ELECTRIC INC 28891 4/12/2013 000952 RECALL DESTRUCTION SVC 28892 4/12/2013 002557 ROUSES TOWING& RECOVERY 28893 4/12/2013 000235 SECURE SHRED 28894 4/12/2013 000935 SERVICE PAPER CO 28895 4/12/2013 000090 SPOKANE CO INFO SYSTEMS 28896 4/12/2013 000658 SPOKANE CO SUPERIOR COURT 28897 4/12/2013 000001 SPOKANE CO TREASURER 28898 4/12/2013 002835 SPOKANE COURIER SERVICES LLC 28899 4/12/2013 000093 SPOKESMAN-REVIEW (Continued) 15554 3630782 30922 128514 3901184490 235516 89405 76842806 50309692 3550.193 51501585 3596 352036 FundlDept 001.090.010.513 001.076.305.575 101.000.000.542 001.090.000.518 001.058.057.558 101.042.000.542 001.090.000.518 001.076.305.575 001.018.013.513 001.013.015.515 101.042.000.542 001.011.000.511 001.090.010.513 Description/Account Total ADVERTISMENT COMMUNITY REC Total : SUPPLIES: CENTERPLACE SUPPLIES: PW OUTLET INSTALL COSV DOCUMENT DESTRUCTION TOW FOR 35519D:TAURAS DOCUMENT DESTRUCTION Total Total : Total : Total : Total : Total : OPERATING SUPPLIES: CENTERPI Total COUNTY IT SUPPORT FILE COMPLAINT 3550.193 Total : Total : DETENTION SVCS INVOICE: MAR Total : BROADCASTING SERVICES: COUF Total : Amount 93,85 232.00 232.00 23.48 23.48 47.83 47.83 280.97 280.97 32.08 32.08 48.91 48.91 165.30 165.30 210.84 210,84 14,472.45 14,472.45 240.00 240.00 4,310.88 4,310.88 80.00 80.00 ADVERTISING:ACCOUNT 9013993 279.37 Page: 4 vchlist 04/12/2013 2:32:13PM Voucher List Spokane Valley Page: 5 Bank code: apbank Voucher Date Vendor Invoice 28899 4/12/2013 000093 000093 SPOKESMAN-REVIEW 28900 4/12/2013 001083 STANDARD PLBG HEATING CONTROLS 50632 28901 4/12/2013 001472 TESTAMERICA LABORATORIES 59006800 (Continued) 28902 4/12/2013 000335 TIRE-RAMA 28903 28904 28905 28906 28907 404130026 4/12/2013 002597 TWISTED PAIR ENTERPRIZES L.LC 4/12/2013 002185 URS CORPORATION 8040034431 8040034454 8080021101 8080021707 8080022113 8080022119 8080022197 03262013 5475862 4/12/2013 000087 VERIZON WIRELESS 9701750235 9701885238 4/12/2013 001792 WHITEHEAD, JOHN 4/12/2013 003002 XO COMMUNICATIONS SERVICES 4/5/2013 000001 SPOKANE CO TREASURER EXPENSE 0258131116 MARCH 2013 Fund/Dept 001.016.000.521 001.076.300.576 101.042.000.542 101.042.000.542 001.058.055.558 001.058.055.558 001.058.057.558 001.058.057.558 001.032.000.543 001.011.000.511 001.058.158.558 101.042.000.542 101.042.000.542 001.090.000.517 001.076.305.575 001.016.000.554 Description/Account Total : MARCH 2013 MONTHLY MAINT: PR Total : TC/PA ANALYSIS: PARKS Total : 47362D: OIL CHANGE 35517D: OIL CHANGE 40205D: OIL CHANGE 067690:TIRE CHANGE 32810D: OIL CHANGE/MAINT 40203D: OIL CHANGE/MAINT 35519D: OIL CHANGE/MAINT Total : BROADCASTING COUNCIL MTGS: Total : PROFESSIONAL SERVICES Total : MAR 2013 VERIZON CELL PHONE: MARCH 2013 WIRELESS DATA CAF Total : EXPENSE REIMBURSEMENT Total : INTERNET DATA LINES:APRIL 201: Total : SPOKANE COUNTY SERVICES Total : 55 Vouchers for bank code: apbank Bank total : Amount 279.37 570.68 570.68 27.00 27.00 119.52 42.50 31.55 65.22 113.87 144.32 569.51 1,086.49 1,630.05 1,630.05 8,744.73 8,744.73 1,128.90 560.14 1,689.04 1,023.95 1,023.95 447.95 447.95 212,336.68 212,336.68 425,254.66 Page: 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 04-23-2013 Department Director Approval : ❑ Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Period Ending April 15, 2013 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: Approve Payroll Budget/Financial impacts: Employees Council Total Gross: $ 248,591.92 $ - $248,591.92 Benefits: $ 40,648.74 $ - $ 40,648.74 Total payroll $ 289,240.66 $ - $289,240.66 STAFF CONTACT: Raba Nimri CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2013 Department Director Approval: ❑ Check all that apply: ® consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed Resolution 13-004, sponsoring the Spokane County Library District for membership in the Association of Washington Cities Benefit Trust. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Staff provided an administrative report concerning the draft resolution on April 9, 2013 with Council consensus to place this resolution on the consent agenda for the April 23, 2013 Council Meeting. BACKGROUND: The City has been contacted by the Spokane County Library District asking to be sponsored to become a member of the Association of Washington Cities, Benefit Trust. The Association of Washington Cities Benefit Trust is a member only organization serving as a third party administrator providing employee health care and related benefits to city organizations and special interest districts in Washington State. Although Cities are eligible to become members of the Trust, special service districts, such as Spokane County Library District are required to be sponsored by a member City. OPTIONS: Approve Resolution 13-004. RECOMMENDED ACTION OR MOTION: Move to Approve Resolution 13-004, sponsoring the Spokane County Library District for membership in the Association of Washington Cities Benefit Trust. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: John Whitehead, HR Manager ATTACHMENTS: Resolution 13-004 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 13-004 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, SPONSORING THE SPOKANE COUNTY LIBRARY DISTRICT FOR MEMBERSHIP IN THE ASSOCIATION OF WASHINGTON CITIES EMPLOYEE BENEFITS TRUST. WHEREAS, the City is located within the service area of the Spokane County Library District; and WHEREAS, the Spokane County Library District provides services to citizens of Spokane Valley; and WHEREAS, the Spokane County Library District desires to participate in the Association of Washington Cities(AWC)Employee Benefit Trust benefits program as a quasi-municipal entity; and WHEREAS, Association of Washington Cities (AWC) Employee Benefit Trust requires that a city member of the Association of Washington Cities (AWC) Employee Benefit Trust sponsor a non-city entity's request before the non-city entity can participate in the Association of Washington Cities (AWC) Employee Benefit Trust benefit programs. NOW,THEREFORE,be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington,as follows: Section 1. The City of Spokane Valley, with this resolution, sponsors the Spokane County Library District for membership in the Association of Washington Cities (AWC) Employee Benefit Trust as a non-city entity. Section 2. The City of Spokane Valley requests that the Spokane County Library District be allowed membership into the Association of Washington(AWC)Employee Benefit Trust. Section 3. Effective Date. This Resolution will take effect upon adoption. Adopted this 23rd day of April,2013. City of Spokane Valley Mayor Thomas E.Towey ATTEST: City Clerk, Christine Bainbridge Approved as to form: Office of the City Attorney Resolution 13-004 Sponsoring Spokane County Library District for application to AWC Benefits Trust DRAFT MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington April 2,2013 6:00 p.m. Attendance: Councilmembers Staff Tom Towey,Mayor Mike Jackson, City Manager Dean Grafos,Councilmember Erik Lamb,Deputy City Attorney Chuck Hafner, Councilmember Mark Calhoun,Finance Director Rod Higgins,Councilmember Mike Stone,Parks&Recreation Director Ben Wick, Councilmember Eric Guth,Public Works Director Arne Woodard,Councilmember Inga Note,Traffic Engineer Morgan Koudelka, Sr.Administrative Analyst Absent: John Pietro,Administrative Analyst Gary Schimmels,Deputy Mayor Doug Powell,Building Official Steve Worley, Senior Engineer Chief VanLeuven,Police Chief Chris Bainbridge,City Clerk Mayor Towey called the meeting to order at 6:00 p.m. Roll Call: City Clerk Bainbridge called the roll; all Councilmembers were present except Deputy Mayor Schimmels. It was moved by Councilmember Grafos, seconded and unanimously agreed to excuse Deputy Mayor Schimmels from tonight's meeting. Mayor Towey announced that due to a schedule change, agenda items one and two will be taken in reverse order. 2. School Beacons—Eric Guth,Inga Note Traffic Engineer Note explained the various opportunities for school flashing beacons grant funding; said the applications are due the end of May, and that these schools only include elementary and middle schools,with the short list at the bottom of her Request for Council Action form in table 2. Ms.Note said this is not a complete list of all schools, but only those staff felt were a high priority for receiving the beacons. She asked Council for comments, and said prior to Council taking action on this item, that she would do more analysis on these and talk to the schools. The various speed limits at the school areas were discussed as well. Ms.Note said that we usually only apply for two or three school beacons at once; that the County would do the construction for these as well as for schools in the County; adding that they have a very busy summer and there are time constraints. It was mentioned this would come before Council for a motion consideration at next week's Council meeting; and there were no objections. 1. Potential Projects for 2014-2019—Steve Worley Senior Engineer Worley said the purpose of this item is to discuss what kind of projects Council would like staff to consider as staff starts to put the first draft of the next, six-year TIP (Transportation Improvement Plan)together; he said the normal procedure is as the current year drops off another year is added to the end of the six-year span, and that adjustments are made as needed; he said this list covers all the projects that were in the previous TIP except for those taken off or added with grants just received. Mr. Worley noted that the update handout distributed today has the correct date on the header, and an explanation at the bottom indicating the total cost column are only shown for the six years of this TIP; and that project costs prior to and beyond these six years are not included in the amount shown; so information missing include costs that were incurred in 2012 and 2013 for projects in 2014. Councilmember Higgins suggested adding another column to help reduce any confusion. Council Study Session Minutes 04-02-2013 Page 1 of 3 Approved by Council: DRAFT Councilmember Woodard mentioned the bike path project at Greenacres and asked if we received the right-of-way from the County, and Mr. Worley replied that project should be removed or extended into the future, with the probable best choice to remove it and then put back if we can get some resolution. There was further discussion about the other categories, and mention that the last two programs in the safety program are scheduled for 2013 so those would be removed since they will be completed prior to 2014. Councilmember Woodard referenced the Fan Road Appleway to 4th project, and said if that is already a failed street, he would prefer to let it remain so since funds are limited. There was discussion about the OCI (overall condition index) rating with a reminder from Mr. Worley that those figures are projected for the year 2017. Mr. Worley also brought Council's attention to the "projects with no currently identified local match" and said one of the criteria in drafting the TIP is that it must be fiscally constrained and must fit into the plan within those available resources; that these are projects staff feels are needed but there are more projects than resources; adding if Council would like staff to consider fitting any of those within the six year plan,he is open to suggestions and ideas concerning those projects and what Council feels is important; that he will then take those comments into the draft TIP and bring a subsequent presentation to Council in about a month, and he reminded everyone that the TIP is a planning document. There was a concern voiced by Councilmember Hafner concerning Bigelow Gulch and the effect that project will have on Sullivan Road within our city limits.Mr.Worley said he will follow up relative to the County's project and see if we can have any input concerning the project's phase as it connects with our City limit. Councilmember Wick asked about the Mansfield Avenue Connection project as it is not on the list, and Mr. Worley explained that the hope is to get to that constructed this year, although most likely would have to be placed on next year's construction plan. Councilmember Wick also mentioned the Barker BNSF Grade separation and said he would like to see that move along at a higher priority. Mayor Towey agreed and said after the Sullivan Bridge, that should be the top priority and said he thinks bridging the valley will be an important topic of discussion, including revenues for such a project. City Manager Jackson stated that the intent is to come back later for a comprehensive discussion on bridging the valley since it includes more than the grade separation. After other discussion concerning some of the projects, Council voiced a preference to keep Mission on the existing list for sometime in the future, and that Park Road,Broadway to Indiana can be postponed a little. There were no other suggestions for future projects. 3. Spokane Regional Transportation Council Interlocal Agreement—Eric Guth Public Works Director Guth briefed Council on the changes to the interlocal; and said staff would like to have a motion come before Council next week if Council concurs. Councilmember Wick noted that our City is not mentioned on page 5 as the other entities are, and mentioned that one smaller city's population hovers between 5,000 and slightly under 5,000, and that the way this is written, it may have to be revised again in the future. Mr. Guth responded that the cities are noted as new voting members. There were no objections to bringing this next week for a motion for Council's consideration. 4. Overview of Gang Enforcement and Property Crimes—Chief VanLeuven Chief VanLeuven stated that Sgt. Kittilstved will give a presentation concerning gang enforcement, followed by a presentation from Lt. Nowels concerning property crimes statistics; and said that they are not here to make us paranoid,but to make us aware. Sgt. Kittilstved went over the Spokane Violent Crime Gang Enforcement Team's mission; that they exist to educate and make citizens aware of the influx of gang violence in Spokane Valley; he talked about gang recruiting and gave some crime statistics. Lt. Nowels followed with his property crimes presentation, which included statistics, crime trends, comparisons, and examples of some of their "emphasis," such as vehicle prowling, and commercial burglary. Mayor Towey called for a recess at 7:55 p.m., and reconvened the meeting at 8:05 p.m. Council Study Session Minutes 04-02-2013 Page 2 of 3 Approved by Council: DRAFT 5. Public Safety Contract Addenda—Morgan Koudelka,John Pietro Senior Administrative Analyst Koudelka and Administrative Analyst Pietro explained that Spokane County and Spokane Valley are proposing a modification to the cost methodology used to determine the City's share of indirect cost paid through contract,which affects our contracts with the County for Animal Control, District Court, Department of Emergency Management, Hearing Examiner, and Pretrial. They explained that the purpose of this modification is to improve the way costs are calculated and not to examine the service itself; and stated that this does not include Law Enforcement and Detention Services as those were recently negotiated in 2010 and 2011, and incorporate the indirect rate change. Mr. Koudelka and Pietro explained the indirect rate change and what overhead costs include, and that the indirect rate is the method used to assess those overhead costs. One of the reasons for the change, they explained, is that the County previously used an indirect rate that used a base of salaries and benefits, which meant that they could only be reimbursed through grants for overhead costs related to salaries and benefits; they said that the equipment grants were applied 100% to the equipment provided under the grant with no portion going to overhead; the equipment grants other than the salary portion require central services support such as accounting and auditing, and that moving to a total expenditures indirect base allows the County to recover a portion of indirect costs on equipment grants. They explained further that the County has indicated that they want to use one indirect cost plan for all users including Spokane Valley; and they went over the difference in calculations, which included an explanation of the use of hourly weight factors in the district court contract; and ended by explaining that the proposed change would be effective beginning 2010; and all combined, our City could see a cost saving, which would likely be offset by anticipated increase to Public Defender costs as a result of caseload standards. Mr. Koudelka said if Council feels comfortable with this information, this could be brought forward for a motion at next week's Council meeting. There were no objections. 6.Advance Agenda—Mayor Towey Mayor Towey asked Councilmembers if they were considering attending the AWC (Association of Washington Cities) Annual Conference June 25, and that Council can discuss later if there would be a Council meeting June 25"'. Councilmember Wick indicated he was planning to attend the conference. Mayor Towey asked Councilmembers to please let Administrative Assistant Sue Passmore know if they plan to attend the conference, so we can plan accordingly. 7. Road Preservation Phase 2: this was for information only and was not reported or discussed. 8. Council Check-in—Mayor Towey There were no comments. 9. City Manager Comments—Mike Jackson City Manager Jackson remarked that Representative McMorris-Rodgers will be here Thursday for an 8 a.m. meeting with Council, and that he will send out his list of topic ideas to Council, such as our city's anniversary, a general list of federal aid we have received in the past, Sullivan Bridge, protection of the tax exempt status of municipal bonds, the Barker grade separation project, and that CDBG (Community Development Block Grant) funds are in jeopardy. It was moved by Councilmember Grafos, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:51 p.m. ATTEST: Thomas E. Towey,Mayor Christine Bainbridge,City Clerk Council Study Session Minutes 04-02-2013 Page 3 of 3 Approved by Council: DRAFT MINUTES Special Meeting Spokane Valley City Council Thursday,April 4,2013 8:00 a.m.—9:00 a.m. Spokane Valley Council Chambers 11707 E. Sprague Avenue, Spokane Valley,Wa. 99216 Attendance: City of Spokane Valley Staff Tom Towey,Mayor Mike Jackson,City Manager Dean Grafos, Councilmember Erik Lamb,Deputy City Attorney Ben Wick,Councilmember Mark Calhoun,Finance Director Arne Woodard,Councilmember Mike Stone,Parks&Rec Director Rick VanLeuven,Police Chief Absent: Steve Worley, Senior Engineer Gary Schimmels,Deputy Mayor John Whitehead,Human Resources Manager Chuck Hafner,Councilmember Michele Rasmussen,Administrative Assistant Rod Higgins,Councilmember Sue Passmore,Administrative Assistant Carolbelle Branch,Public Information Officer Honored Guests: Chris Bainbridge,City Clerk Representative Cathy McMorris-Rodgers Louise Fendrich, Director of Constituent Relations Melanie Steele, Legislative Director Melanie Tubbs, Press Secretary Others in Attendance: Bill Bates, Spokane Valley Planning Commissioner Bob McCaslin, Spokane Valley Planning Commissioner Mike Huffman,Valley News Herald Nina Culver, Spokesman Review Three or four private citizens Open meeting and Welcome by Mayor Towey Mayor Towey opened the meeting and welcomed Representative Cathy McMorris-Rodgers to the meeting, and gave a brief background of Representative McMorris-Rodgers, the highest ranking republican woman in the House of Representatives; he mentioned several bills she sponsored, and of the committees with which she is affiliated, and said that last February she received the "Legislator of the Year" award for outstanding work promoting rural health care. Mayor Towey said today's meeting represents an opportunity to informally discuss issues with Representative McMorris-Rodgers. 1. First Ten Years—Mayor Towey a. City Milestones; b. Recognition for Past Federal support for projects Mayor Towey shared some of this City's history, mentioned we are a "contract city" and that we have weathered the 2008 fmancial story and have about a 50%reserve in our general fund, a model he said,for many other cities. Mayor Towey mentioned that at the time of this City's incorporation,it was the second largest City in the nation to incorporate, and the largest city in Washington to incorporate. Mayor Towey also noted we have a strong six-year business plan, and said Council and staff have been working on a four year street preservation plan; said we operate under a "pay-as-you-go" philosophy; and since incorporation, have received approximately $45 million from federal grant programs, and he thanked Special Meeting Minutes 04-04-2013 Page 1 of 4 Approved by Council: DRAFT Representative McMorris-Rodgers for her support. Of the list of projects,Mayor Towey said the Sullivan Bridge is our top priority; said we have received several million in grants, the City contributed $4.2 million, and we now lack about $4 million to complete the project; and said we have solicited support in Olympia as well. 2. Great Timing. Contact Washington Legislators and voice support for Sullivan Bridge. — Councilmember Dean Grafos a. We are receiving$8 million from the Federal Bridge Program b. $2 million from Washington State Freight Mobility Strategic Investment Board c. $3.5 million from Washington Transportation Improvement Board(TIB) d. $2.3 million from City of Spokane Valley We have requested $4 million from the Washington State Legislature in this session. The project needs to go out to bid in November or we will lose the$3.5 million from the TIB. It would be great if Representative McMorris-Rodgers would be willing to contact Washington state legislators and encourage support of our request. Councilmember Grafos mentioned how the Sullivan Bridge supports our City; said we received about$15 million but are about $4 million short, and said perhaps Representative McMorris-Rodgers could use her influence with state and federal representatives to see if she can help us; said this is an important need in our infrastructure and an important economic development means; and he asked her for her support. Councilmember Grafos said this is not included in the state budget at this point and does not know if it will be included in the transportation bill. City Manager Jackson added that we have a request in and are working with local legislators, and that perhaps Ms. McMorris-Rodgers could make contact to assist in this endeavor. Councilmember Wick added that the $3.5 million allocation from TIB will be in jeopardy if we don't get the last needed $4 million. Concerning the state budget, Mr. Jackson said no specific projects were included; said the majority of the needed funds have been raised, and our local representatives are doing a tremendous job in support of this project. Discussion included past efforts to secure the bridge, such as imposing weight limits; and that the bridge has one of the highest truck traffic counts in the state. Representative McMorris-Rodgers said she wants to figure out a way to make this happen so Spokane Valley doesn't lose funding from TIB; and that she will contact legislators to get a better sense of where they believe this projects falls in priority. 3. Protect Tax Exempt Status of Municipal Bonds—Mayor Towey There is federal legislation pending that threatens the federal income tax exemptions for State and Municipal Bonds. According to National League of Cities, interest paid on bonds issued by local governments currently not taxed could lose their exemption from taxation. National League of Cities and the City of Spokane Valley opposes any attempt to eliminate or limit the traditional tax exemption for municipal bonds whether as part of a deficit reduction plan, a push for comprehensive tax reform, or as an offset for new spending. Mayor Towey expressed his concern with the fate of municipal bonds. Representative McMorris- Rodgers said there is not a specific proposal to eliminate tax exempt municipal bonds; but there is a concern when it comes to municipal bonds and an argument she heard is if they take away this exemption, there is no way to know how the state and local governments may respond as those entities could then impose a tax; so she said the federal government might save money in the short term, but said this isn't a solution; that there is concern and debate over tax reform and there is an effort to streamline the process and close the loopholes; adding that this may be included in that strategy but she hasn't seen it in any proposal. City Manager Jackson, Mayor Towey and Councilmember Woodard all mentioned we are in good financial condition and operate on a pay-as-you-go philosophy, but there are many cities that might rely on the tax-exempt municipal bond. Special Meeting Minutes 04-04-2013 Page 2 of 4 Approved by Council: DRAFT 4. Support Barker Road/BNSF Grade Separation Project—Councilmember Ben Wick $37 million to remove at-grade crossings to improve emergency access, reduce noise, and to increase rail capacity and improve traffic flow. Mayor Towey mentioned our City's concern with the coal trains and with our "Bridging the Valley" effort to separate rail from the state and city roads; and said over the past years, this idea has been de- prioritized, but the issue of the coal trains and brought this topic to the forefront; adding that if those coal trains do materialize, it will have a tremendous impact on our citizens. Councilmember Wick said of the areas of concern, our City's first choice would be Barker due to safety issues; that about a decade ago there was an effort to combine the lines and have them run from Idaho all the way in; and perhaps Ms. McMorris-Rodgers could get the railroad companies talking again. Mr. Jackson added that the railroads were discussing the issue more in the past, and that this issue hinges on the consolidation of some of the rail corridors and having fewer traffic/train crossings. Mayor Towey stated that the problem is both more trains and longer trains; that the impact will be great if we don't bridge the valley; he said we need to educate our citizens on what will happen; and said the primary focus is on four crossings. Councilmember Wick said this is not just a Spokane Valley project, but is a regional project as this would be improving the connectivity with state highways; that Argonne is one of our busiest and longest roads; and with the UP Line going through Millwood, the trains slow down which backs up traffic into our city; he said we are working with Millwood but there is no way to put in improvements and that they are relying on bridging the valley to improve that situation. It was mentioned that price is a large factor. Mr. Jackson said this one crossing was estimated at $39 million; and he said in about a month our staff will make a presentation to Council, and he could forward that information to Ms. McMorris-Rodgers office; and that as we learn more, we will forward the information to her. Ms McMorris-Rodgers concurred with that approach. Councilmember Woodard said that trains and whistle blowing also have an effect on property values; that there are about nineteen crossings that could effect our residential areas; that BNSF and UP are the two largest rail lines; and that these rails cut our city in half when the trains are blocking roads. Representative McMorris-Rodgers said it would be great to get this information in context of the overall project, and where we see this fitting in; that she has also looked at the North/South Freeway and/or Highway 12 in Walla Walla; and she encouraged staff to send her the information so she can see the "big picture." 5. Support funding for Community Development Block Grants and other AWC federal priorities- Councilmember Arne Woodard Councilmember Woodard briefly explained CDBG and the decreased funding and of Spokane Valley's entitlement of up to 20%,and said if we took all of our amount this year it would leave almost nothing for any of the smaller towns;he said our projects are ADA and critical; so the question is how do you cut out the smaller towns or cities that don't have a tax base but must have sewage and clean water; and said as a member of that committee, it becomes a challenge for him and said he wondered if there is any way the federal government could see the importance of that for all the small cities and towns. Representative McMorris-Rodgers replied that those funds are frequently put on the "chopping block;" she said she has consistently voted to protect the funds as they go directly to the communities with a local board that oversees and provides accountability; that in this community and in her region she hasn't seen any problems and has confidence this is a program that doesn't have a mass of layers; whereas in other parts of the country, there have been problems with the program, which is why it continues to be cut; and said this is one of those federally mandated requirements put on communities without funding. Mayor Towey said he would like to get her impression of what can we do for her when she's in D.C. or how can we support or enhance what she is already doing. In response, first Ms.McMorris-Rodgers wished us a happy birthday, and applauded the leadership of the city; and said with the reserve we have along with very little debt, our city is fiscally responsible and a tremendous example to others. She expressed that there are a lot of federal challenges and tough Special Meeting Minutes 04-04-2013 Page 3 of 4 Approved by Council: DRAFT decisions to be made and they can't say "yes" to every request; she said the current budget negotiations must be completed by April 15th; that the President will release his budget April 10; she said the federal government can't continue the current path where there is a trillion dollar deficit each year; and said the sooner we get our fiscal house in order the more assistance they can give to those needed programs; and said everyone needs to focus on the outcomes, and then determine how best to get those wanted results. Closing Comments Prior to adjourning the meeting, Mayor Towey thanked Representative McMorris-Rodgers for coming today, and presented her with a key to the City, as well as a City "passport"which he explained has been very beneficial to our tourists in explaining some of the aspects of our City. Mayor Towey adjourned the meeting at 8:53 a.m. ATTEST: Thomas E.Towey,Mayor Christine Bainbridge,City Clerk Special Meeting Minutes 04-04-2013 Page 4 of 4 Approved by Council: Draft MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,April 9,2013 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff: Tom Towey,Mayor Mike Jackson,City Manager Gary Schimmels,Deputy Mayor Cary Driskell, City Attorney Dean Grafos, Councilmember Mark Calhoun,Finance Director Chuck Hafner, Councilmember Erik Lamb,Deputy City Attorney Rod Higgins, Councilmember Mike Stone,Parks&Rec Director Ben Wick, Councilmember John Hohman, Community Development Dir. Arne Woodard, Councilmember Lori Barlow, Senior Planner Scott Kuhta,Planning Manager Steve Worley, Senior Engineer Inga Note,Traffic Engineer Morgan Koudelka, Sr.Administrative Analyst John Pietro,Administrative Analyst John Whitehead,Human Resources Manager Rick VanLeuven,Police Chief Carolbelle Branch,Public Information Officer Chris Bainbridge,City Clerk INVOCATION: Pastor Sid Johnson of Spokane Valley Baptist Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: Mayor Towey announced there will be an executive session after tonight's open meeting. It was then moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner: said he attended a 9-1-1 Board Meeting last week where Senate Bill 5034 was discussed, which if passed, could take a dedicated $15 million from 9-1-1 sources, and said he should know something within the next few days; adding that it those funds are taken,the largest communication system will be making sure that hearing-impaired people will be able to text 9-1-1 if needed; said he attended the employee appreciation luncheon; went to the STA (Spokane Transit Authority) presentation at the Mall concerning STA Moving Forward;went to the Parks and Recreation presentation; attended the breakfast at the Valley Hospital; met with a representative from Health Homes, which is a transition program for women and children, and said they are in the process of developing their board; went on a three or four-hour STA bus tour and said they are working to hold a public meeting next Wednesday to get input on multiple transit options, and on adjacent bus routes and schedules in order to improve connections. Council Regular Meeting 04-09-2013 Page 1 of 5 Approved by Council: Draft Councilmember Higgins: reported that he attended the Girl Scout luncheon; went to a briefing on the Police Department given by Chief VanLeuven; attended the transit meeting as well as the Parks and Recreation meeting; and also went to the employee award luncheon. Deputy Mayor Schimmels: reported that he attended two committee meetings regarding SRTC (Spokane Regional Transportation Council),and attended the employee lunch. Councilmember Grafos: said he went to the ITA (International Trade Association) meeting where they discussed a potential merger with GSI (Greater Spokane, Inc.); and he attended the meeting with Representative McMorris-Rodgers where they discussed issues such as the Sullivan Road. Councilmember Wick: said he also participated in the meeting with Representative McMorris-Rodgers and said one of the topics discussed was bridging the valley; said he went to the Chamber of Commerce Transportation meeting where bridging the valley was also a topic, and he said they are asking if people are still interested, to provide a letter of support for their master plan, and said their goal is to involve all jurisdictions interested in keeping that topic on the master plan, and he asked Deputy Mayor Schimmels if he felt such a letter appropriate; said he attended the Parks Master Plan and the STA Open House; participated in the Governance Committee meeting, and said changes will be coming forward shortly. In response to his question, Deputy Mayor Schimmels said they will have a meeting next Thursday and will discuss that issue. Councilmember Woodard: said he attended the employee appreciation luncheon; and went to the Parks and Recreation meeting. MAYOR'S REPORT: Mayor Towey reported that he attended the Girl Scout Convention; went to the Regional Health District meeting and said they just completed their accreditation, and out of 2800 districts in the United States, only eleven were accredited, and that our district was the only one to reach 100%, and he extended congratulations to staff and those connected with that process; said he participated in the meeting with Representative McMorris-Rodgers; that today he gave a five-minute interview to Comcast Newscast as they wanted to know what we are doing to celebrate our anniversary. Mayor Towey mentioned that there was some confusion about an upcoming meeting of the University Road Overpass Study, and said it will be held at the Spokane Valley Fire Administration Building on North Wilbur Road,April 17 at 6 p.m. PUBLIC COMMENTS: Lois Harger, 1021 N. Skipworth, said she went to the open house sponsored by Parks and that she wasn't excited by anything nor could she see an additional benefit of what we currently enjoy, except she appreciates the clean park grounds; she said one facility that would benefit everyone is an indoor aquatic center and said she has been waiting for such a facility since this city incorporated; said it would benefit many people by giving them a place for exercise, sports, and therapy. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a.Approval of the following claim vouchers: VOUCHER LIST DATE VOUCHER NUMBERS: TOTAL AMOUNT 03/21/2013 4262-4265; 28687 $66,280.93 03/24/2013 28688-28689 $2,640.00 03/29/2013 28690-28753; 326130062 $399,701.60 GRAND TOTAL $468,622.53 b.Approval of Payroll for period ending March 31,2013: $387,458.70 c.Approval of March 19,2013 Council Study Session Meeting Minutes d.Approval of March 26,2013 Council Formal Format Meeting Minutes Council Regular Meeting 04-09-2013 Page 2 of 5 Approved by Council: Draft It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2. Second Reading Proposed Ordinance 13-002 Amending 2.50.060(B) Pre-employment Physicals- John Whitehead After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve ordinance 13-002 amending Spokane Valley Municipal Code 2.50.060 pre- employment physicals. Human Resources Manager Whitehead explained that this ordinance would change the requirement of all employees taking a pre-employment physical, to have such physical be determined by the Human Resources Manager, based on duties of the position. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 3. Second Reading Proposed Ordinance 13-003 amending Spokane Valley Municipal Code 19.120, Townhouses in Neighborhood Commercial— Scott Kuhta After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve ordinance 13-003, City-initiated Amendment CTA 01-13. Planning Manager Kuhta said this previously discussed and there have been no changes since that initial reading. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 4.Motion Consideration: Grant for School Beacons—Inga Note,Eric Guth It was moved by Deputy Mayor Schimmels and seconded to authorize staff to determine from the list in Table 2 above, a maximum of three locations to submit for grants for school zone beacons. [Table 2 includes the schools of Adams, McDonald and Sunrise Elementary, and Horizon Middle.] Traffic Engineer Note said she did more research on some of the right-of-way issues and spoke to the Principal at Adams Elementary, and will wait to get the speed study results before making a final determination. Councilmember Hafner said he feels this is a safety factor and we need to provide some kind of money to get beacons at the other schools as well. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 5.Motion Consideration: Spokane Regional Transportation Council Interlocal Agreement—Eric Guth It was moved by Deputy Mayor Schimmels and seconded to approve and authorize the City Manager to finalize and execute the updated Interlocal Agreement with the Spokane Regional Transportation Council. Senior Engineer Worley said this issue was also discussed last week; that the City entered into an agreement in 2003 which was updated in 2010, and this is now the most recent update. There was some discussion about the member voting process,as well as discussion about Medical Lake's population and that if that population changes, there would be a need for another update. Mr. Worley said that once our City exceeds the 100,000 population,we would be eligible to have a second member. Deputy Mayor Schimmels noted that the last agreement amendment took a year to collect all the signatures; and if populations change enough, the interlocal could be further amended. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 6.Motion Consideration: Public Safety Contract Addenda—Morgan Koudelka,John Pietro It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager to finalize and execute the Master Addendum, and Amendment to Interlocal Agreement for District Court Services. Administrative Analyst Pietro briefly explained the purpose of the two agreements as discussed last week; and said the Addendum would cover various interlocal agreements, and added that staff received notification yesterday that the public defender case load limits has been postponed while the weighed Council Regular Meeting 04-09-2013 Page 3 of 5 Approved by Council: Draft analysis is calculated further; and Mr. Koudelka said it could delay any expected impact we thought we might have, and said staff will continue to review the entire system and look at efficiencies that could make an impact; but said that change does not affect these documents. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited public comment;no comments were offered. ADMINISTRATIVE REPORTS: 7. Code Text Amendment for SEPA (State Environmental Protection Act)Regulations—Scott Kuhta, Lori Barlow After Planning Manager Kuhta briefly mentioned the latest efforts to update the SEPA Regulations, and that these amendments are as a result of those efforts, Senior Planner Barlow went through her PowerPoint presentation explaining the proposed City-initiated text amendments to the Spokane Valley Municipal Code Chapter 21, which amendments would increase the exemptions to adopt the maximum levels allowed; she said those include (1)increasing the number of single family residential units from 20 to 30, (2) establishing 60 unites as the threshold to consider multifamily residential units separate from single family, (3) increase the square footage for agricultural structures from 30,000 up to 40,000, (4) increase the square feet for office, schools, commercial, recreational service or storage buildings from 12,000 up to 30,000, (5) increase the number of parking stalls from 40 up to 90 and include stand alone parking facilities as well as associated parking, and (6) increase landfills and excavations from 500 cubic yards up to 1,000 cubic yards. After Ms. Barlow's presentation, there was Council consensus for staff to proceed to bring this material back for a first ordinance reading. 8. Sponsoring of Spokane County Library District for AWC (Association of Washington Cities) Membership—John Whitehead Human Resources Manager Whitehead explained that a resolution is needed in order to sponsor a special service district, such as Spokane County Library District, to become a member of the Association of Washington Cities, Benefit Trust; and said this is done at no cost to our City and places us under no obligation. Council concurred to have the resolution placed on the next Council Consent Agenda. 9.Advance Agenda—Mayor Towey Councilmember Grafos said he would like to put the issue of wastewater study on an upcoming meeting, as there is a disposal study in progress by Spokane County which involves the floodplain in the Saltese Flats, which in turn he said, could have a huge impact on our citizens. Mr. Jackson said he is aware of this issue but it is not yet timely to bring the material forward; he said the Community Development Department is reviewing the floodplain study provided by the County for possible discussion in the near future. INFORMATION ONLY The (10); UGA-Urban Growth Act Update; and the (11) Decant Facility Update were for information only and were not reported or discussed. CITY MANAGER COMMENTS City Manager Jackson said in reviewing the minutes of a previous SRTC (Spokane Regional Transportation Council) meeting, it was noted that Medical Lake had not surpassed the population designation at the time but when and if they do,the agreement could be updated accordingly; and that the other cities were mentioned by name as they were added to the voting structure. Mr. Jackson also noted that the lodging tax bill will go back to the House, and said it could go back and forth between the Senate and the House various times, and said he would send Council a copy of the latest update concerning this bill. Council Regular Meeting 04-09-2013 Page 4 of 5 Approved by Council: Draft EXECUTIVE SESSION: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn into executive session for approximately thirty minutes to discuss acquisition of real estate, and that no action is anticipated upon return to open session. Council adjourned into Executive Session at 7:16 p.m. At approximately 7:43 p.m., Mayor Towey declared Council out of Executive Session; after which it was moved by Councilmember Woodard, seconded and unanimously agreed to adjourn. ATTEST: Thomas E.Towey,Mayor Christine Bainbridge,City Clerk Council Regular Meeting 04-09-2013 Page 5 of 5 Approved by Council: DRAFT MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington April 16,2013 6:00 p.m. Attendance: Councilmembers Staff Tom Towey,Mayor Mike Jackson, City Manager Gary Schimmels,Deputy Mayor Cary Driskell, City Attorney Dean Grafos, Councilmember Erik Lamb,Deputy City Attorney Chuck Hafner,Councilmember Mark Calhoun,Finance Director Rod Higgins, Councilmember Mike Stone,Parks&Recreation Director Ben Wick, Councilmember Eric Guth,Public Works Director Arne Woodard,Councilmember John Hohman,Community Development Dir Rick VanLeuven,Police Chief Chris Bainbridge,City Clerk Mayor Towey called the meeting to order at 6:00 p.m. Roll Call: City Clerk Bainbridge called the roll; all Councilmembers were present. ACTION ITEM: 1.Motion Consideration: Decant Facility Project,Final Design—Eric Guth It was moved by Deputy Mayor Schimmels and seconded, to authorize the City Manager to finalize and execute the agreement for engineering consultant services with KPFF Consulting Engineers for the Spokane Valley Regional Decant Facility final design for a not-to-exceed amount of$146,504.54 with 10%management reserve fund of$14,650. Public Works Director Guth explained that the agreement just distributed to Council is for the final design of the facility; and that staff is working with WSDOT (Washington State Department of Transportation ) staff and our consultant and made changes to some of the improvements to make sure we come within the previously proposed budget;he said WSDOT's fiscal year ends June 30 so we are trying our best to expend the $60,000 WSDOT funds prior to their year-end; he said some of the changes included dropping from ten to eight bays, and the biggest change was in the structure, that we will keep the foundation so a structure could be added later, and will also keep the heated slab; and said that WSDOT is comfortable with these changes as they have other facilities in which they can work. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. NON-ACTION ITEMS 2. Park/Library Update—Mike Stone Parks and Recreation Director Stone said the purpose of this item is to update Council on the progress of the developing joint site plan for the Sprague property; he went over some of the background items to explain how this process got started, and highlighted the scope of work of the contract; he mentioned the Steering Committee members and that they plan to meet monthly to help provide guidance and direction to the Consultant, and said that the $76,000 cost for the consultant is to be split equally between the City and the Library. Mr. Stone mentioned they did a mailing to those in the area of the proposed site, and said it has been very effective and that they are already getting some citizen feedback; and he went over the plans for the upcoming citizen meetings and said that each meeting will be facilitated by the Steering Committee, adding that no meetings are planned for the summer as it is too much of an attendance challenge. Mr. Stone said the final meeting will actually be held on the site so the public can get a feel for the project. Mr. Stone said the final proposed development site plan will be presented to this Council and to the Library Board for approval, and that he hopes to have things wrapped up by the first of November. Council Study Session Minutes 04-16-2013 Page 1 of 2 Approved by Council: DRAFT Mr. Stone also noted that a webpage on our City's website will also be established. Mayor Towey asked if the committee meetings will be open to the public,and Mr. Stone said he sees no reason why they can't attend,but added that the Committee will not be taking public input at that time, and said the first meeting is set for Thursday at 1 p.m. Councilmember Grafos asked who determined the boundaries of the notice sent out to the public as it will affect everyone in the City, and said he feels notice should be mailed to more people instead of just people in one area. Mr. Stone said funds are an issue and that the City has never done a citywide mailing as it would be expensive; that ads will be placed in the newspaper, on our website, and likely also on the Library's website. Councilmember Woodard asked if the Library will have posters displayed in the library about these meetings, and Mr. Stone said he does not know. Councilmember Grafos also suggested putting a sign on the property about meetings dates, etc. Mayor Towey said the Library has an e-mailing list and said that would be another good means to reach people. Mr. Stone said once we have our webpage up,that will help getting notice to the public. 3. Governance Manual Review—Chris Bainbridge City Clerk Bainbridge explained that the proposed changes before Council are those discussed earlier, and include the topic of donations, council vacancies, and committee appointments, along with several minor edits; and she asked if Council had suggestions for any changes, and no other edits were suggested. It was determined that this item will come before Council next week to consider approval of a resolution amending the Governance Manual. 4.Advance Agenda—Mayor Towey Mayor Towey asked if there were any objections from Council to cancelling the April 30 meeting and no objections were voiced. 5. Council Check-in—Mayor Towey Councilmember Higgins said he would like to make a presentation, and moved to the podium and explained that a rather bizarre event occurred on February 5th of this year which lead to a series of events well chronicled by Ms. Culver of the Spokesman Review, and which were subsequently picked up by the Associated Press (AP),thereby giving our City its fifteen minutes of fame. Councilmember Higgins said Ms. Culver wrote a series of articles concerning City Manager Jackson's flip of the coin, and that the coin and the articles are now combined into a memorial to that event, and he gave the framed material to Mr. Jackson for the City. Mr. Jackson accepted the framed memorabilia with thanks, and said that he will find an appropriate place to hang this for everyone to enjoy. 6. City Manager Comments—Mike Jackson Regarding legislative issues, Mr. Jackson said the House has revised the transportation package today, that it still need to go to the Senate, and after a lot of debate, it appears it does not include the Sullivan Bridge; and said he put together some material concerning recent legislative action and will have it available for Council to read at their pleasure. Mr. Jackson also mentioned that he spoke with our Lobbyist Ms. Taylor who stated she feels the legislative session could extend past April 28. There being no further business, it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 6:38 p.m. ATTEST: Thomas E. Towey,Mayor Christine Bainbridge, City Clerk Council Study Session Minutes 04-16-2013 Page 2 of 2 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2013 Department Director Approval: El Check all that apply:❑ consent ❑ old business ® new business ❑ public hearing ❑ pending legislation ❑admin. report ❑ information ❑ executive .session AGENDA ITEM TITLE: First Reading Proposed Ordinance 13-004, City Initiated Amendment to the Spokane Valley Municipal Code, (SVMC) 21.20.040.SEPA Categorical Exemptions, to adopt the maximum exemption levels allowed. GOVERNING LEGISLATION: RCW 36.70A.106, WAC 197-11-800(1) ( c ); SVMC 17.80.150 and 19.30.040 PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: Washington State Department of Ecology was directed by the 2012 Legislature to complete two rounds of updates to the SEPA rules (Chapter 197-11 WAC). The Legislature directed Ecology to modernize the rules that guide state and local agencies in conducting SEPA reviews, in light of the increased environmental protections in place under Growth Management Laws (RCW 36.70A), the Shoreline Management Act ( RCW 90.58) and other laws. The initial rule making considered two specific topics: • Increasing the thresholds for SEPA review of minor construction projects under Washington Administrative Code (WAC) 197-11-800(1) and (23)(c); and • Improving the efficiency of the environmental checklist in WAC 197-11-960. The update became effective January 28, 2013, and allows the city to increase the maximum exemption levels requiring environmental review as described in the attached staff report, thereby reducing permit review times and eliminating redundancy in the review process. This proposal would amend the current SEPA rules to reflect the maximum thresholds allowed by State Law and address one minor housekeeping item for consistency in chapter 24.50.030.C(9). The Planning Commission conducted a study session on February 28, 2013, followed by a public hearing on March 14, 2013. Following the public hearing, the Planning Commission voted unanimously to approve the proposed amendment (see Attachments). The Planning Commission approved their Findings of Fact on March 28, 2013. The Planning Commission's recommendation was presented to Council at the April 9, 2013 study session. OPTIONS: Proceed to second ordinance reading with or without further amendments; send back to Planning Commission for further review; or direct staff further. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 13-004 to a second reading. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: A. Draft Ordinance 13-004 D. Planning Commission Minutes B. Staff Report dated March 7, 2013 E. Presentation C. Planning Commission Findings DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 13-004 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 21.20.040 TO ADOPT THE MAXIMUM STATE ENVIRONMENTAL PROTECTION ACT EXEMPTION LEVELS FOR NEW CONSTRUCTION ALLOWED BY WASHINGTON ADMINISTRATIVE CODE 197-11-800(1)(d), AND ADD CLARIFYING LANGUAGE TO SECTION 24.50.030; AND OTHER MATTERS RELATING THERETO. WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code (SVMC)Title 21,pursuant to Ordinance 07-015; and WHEREAS,on October 28,2007, SVMC Title 21 became effective;and WHEREAS, on December 8, 2009, the City of Spokane Valley (City) adopted SVMC Chapter 24.50, Land Disturbing Activities,in its current form pursuant to Ordinance 09-033; and WHEREAS,on January 18,2010 SVMC Chapter 24.50 became effective;and WHEREAS, such regulations are authorized by RCW 36.70A,RCW 43.21C and WAC 197-11; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, on February 22, 2013, March 1, 2013 and March 22, 2013 notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS,on February 28,2013,the Planning Commission held a study session; and WHEREAS, on March 7, 2013,the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to the Spokane Valley Comprehensive Plan; and WHEREAS, SVMC 21.20.040 and 24.50.030, as amended, bear a substantial relation to the public health, safety and welfare and protection of the environment; and WHEREAS, on March 14, 2013, the Commission held a public hearing, received a staff report with a recommendation, but no additional public comment, followed by deliberations and provided a recommendation; and WHEREAS,on March 28,2013,the Commission approved the Findings and Recommendations; and WHEREAS,on April 9,2013, City Council reviewed the proposed amendment; and WHEREAS, on April 23, 2013, City Council considered a first ordinance reading to adopt the proposed amendment. NOW,THEREFORE,the City Council of the City of Spokane Valley do ordain as follows: Ordinance 13-004 Page 1 of 4 DRAFT Section 1. Purpose. The purpose of this Ordinance is to amend SVMC 21.20.040 and 24.50.030. Section 2. Findings. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council hereby adopts the findings of the Planning Commission (See Attached) Section 3. Spokane Valley Municipal Code 21.20.040 is amended as follows: 21.20.040 Categorical exemptions. Categorical exemptions are set forth in WAC 197-11-800. A.Application. If a proposal fits within any of the exemptions set forth in this section,the proposal shall be categorically exempt from the threshold determination requirements of WAC 197-11-720, except as follows: 1. The proposal includes an activity that is not exempt under WAC 197-11-908, Critical areas; or 2. The proposal is a segment of a proposal that includes a series of actions,physically or functionally related to each other,some of which are categorically exempt and some of which are not; or 3. The proposal includes,or is a part of, a series of exempt actions that are physically or functionally related to each other and that together may have a probable significant adverse impact in the judgment of an agency with jurisdiction. B.Flexible Thresholds.The City adopts the following exempt levels for new construction pursuant to WAC 197-11-800(1)(c): 1.For single family residential dwelling units,up to 20 30dwelling units. 2.For multifamily residential dwelling units,up to 60 units. 3.For agricultural structures,up to 30,000 square feet. For barn,loafing shed,farm equipment storage,produce storage or packing structure buildings up to 40,000 square feet. 34.For office, school,commercial,recreational, service or storage buildings,up to 12,000 30,000 square feet of gross floor area and with associated parking facilities designed for up to 40 90 parking spaces.This exemption includes stand--alone parking lots. 4.Far wing lots,up to 10 parking spaces. 5.For landfills and excavations,up to-001,000 cubic yards. C. Procedure.The agency or applicant may proceed with the exempt aspects of a proposal prior to conducting environmental review of the nonexempt aspects of a proposal; provided,that the requirements of WAC 197-11-070 are met. D. Written Findings. The lead agency is not required to document that a proposal is categorically exempt; however, the lead agency may note on an application that a proposal is categorically exempt or place such a determination in the agency's files. Ordinance 13-004 Page 2 of 4 DRAFT Section 4. Spokane Valley Municipal Code 24.50.030 is amended as follows: 24.50.030 Engineered grading permits. A.Applicability.An engineered grading permit is required for the following land disturbing activities: 1. Grading in excess of 500 cubic yards; and 2. Excavations with cut slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet; and 3. Excavations with cut slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet; and 4. Fill slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet; and 5.Fill slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet; and 6. Grading in the floodplain; and 7. Grading in critical areas identified in the SVMC Title 21; and 8. Grading in a drainage channel; and 9. Grading to support a building or structure of a permanent nature; and 10. Grading associated with subdivisions pursuant to SVMC Title 20; and 11. Grading for engineered driveways, regardless of the amount of excavation or fill required for construction; and 12. Grading for all ponds, water features, and manmade lakes greater than 500 square feet in surface area; and 13. Major use permits and/or any other project likely to cause major land disturbances as determined by the City; and 14. Grading to support other engineering works such as, but not limited to, tanks, towers, machinery,retaining walls, and paving; and 15. Projects deemed to be a potential hazard. B. Exemptions. An engineered grading permit is not required for the following land disturbing activities: 1. Grading work already included in a building permit or land action application; 2. Grading work exempted per SVMC 24.50.020; and grading work not meeting the requirements of subsection A of this section. In this latter case, the grading would be considered regular grading. C. Engineered Grading Permit Submittal Requirements. The minimum documents required for permit application are as follows: 1. Completed permit application; 2. Two sets of all required plans stamped by a civil engineer licensed in the state of Washington; 3. Two sets of all required reports, specifications, and supporting information prepared and stamped by a civil engineer or geologist licensed in the state of Washington; 4. Plans shall demonstrate compliance with the provisions of this title, SVMC 22.130.040, Street standards,and all relevant laws,ordinances,rules, and regulations; 5. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan elements required in Chapter 4 of SVMC 22.130.040, Street standards, as applicable. The TESC plan may also be prepared by a certified erosion and sediment control technician. All erosion prevention and sediment control measures shall be maintained, including replacement and repair as needed. These minimum guidelines are not intended to resolve all project soil erosion conditions. The applicant is responsible for confining all soil on the project site and implementing additional measures as necessary to accommodate changing or unexpected site and weather conditions; Ordinance 13-004 Page 3 of 4 DRAFT 6. When required by SVMC 22.130.040, Street standards, Chapter 5, and/or the development services senior engineer, a geotechnical evaluation demonstrating compliance with SVMC 22.130.040, Street standards, Chapter 5; 7. Drainage report demonstrating compliance with Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 3; 8. When required by the development services senior engineer, an engineering geology report including an adequate description of the geology of the site; and 9. SEPA checklist,if required. D. Engineered Grading Permit Final Acceptance. The following items are required prior to final acceptance: 1. Inspection by a qualified professional hired by the applicant; and 2.As-graded grading plans; and 3. A letter from the inspector that certifies that grading was conducted in accordance with the grading plan. Certification requirements shall be in compliance with SVMC 22.130.040, Street standards. Section 5. All other provisions of SVMC Title 21 and Title 24 not specifically referenced hereto shall remain in full force and effect. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this day of May,2013. Mayor,Thomas E.Towey ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 13-004 Page 4 of 4 FINDINGS AND RECOTRMENDATIONS OF THE SPOKANE VALLEY PLANNING COMIMISSION March 28,20113 The following findings are consistent with the Planning Commission's decision to recommend approval. Background: 1. Spokane Valley development regulations were adopted in September 2001 and became efiectivc on October 28,20x7, 2. Pursuant to RCW 43.21C.110, the 2012 Washington Legislature directed the DeparIntent of Ecology to increase the flexible thresholds for categorical exemption of SIWA review for minor construction projects under Washington Administrative Cede(WAC) 197-11-800(4 3. The Department of Ecology adopted amendments to WAC 197-11-800(1) on December 8, 2012, effective January 28,2013. 1. The amendments authorize local jurisdictions which: (1) document that the requirements for environmental analysis, protection rind mitigation for impacts to elements of the environment, as listed in WAC 197-11.444) have been adequately addressed in other specific adopted development regulations of the local jurisdiction, and (2) describe the locally established project-level public comment opportunities that are provided for proposals included in the increased exemption levels to increase the flexible thresholds tinder which the local jrurisdiction can exempt certain minor consiruction projects from SEPA review, S. The city-initiated code text amendment proposes to amend Spokane Valley 1vMnicipal Code(SYNC) 21.20.040 SRPA. Categorical Exemptions,to adopt the MIX nuiii flexible threshold exemption levels allowable under WAC 197-11-80D(I)(d). ter. The Planning Commission hold a public hearing on March 14, 2013, and voted 7-1k to recommend approval of the€mendment to City Council. Planning Commission rindings: 1. Corii1iancewith SVMC 17,80.I5OF Approval Criteria a. The proposed city initialed code text amendment is consistent with the applicable provisions of the Comprehensive Plan; Finding(s) i. The Staff Report submitted by the Planning Division staff sets forth relevant goals and policies of the Comprehensive Plan and found the proposal to substantially be in conformance with such goals and policies. The goal most relevant to the proposal is Goal G-!,which states, "Create a government that places a premium on providing effective customer service." b. The proposed amendment hears a substantial relation to public health, safety, welfare„ and protection of the erwir•oninent. Findings acrd ttecomnre ndatlors of the Spokani Vallay Planning Commission CTA-2013-002 Page 1 of i Fin axiiig(s)1 i. SEPA review is conducted on minor new construction, nonexempt projects to identify ei wironineetel impacts that would not be addressed by city regulations. ii. The City has specified development regulations aced utilizes regional, state, and federal regulations and entities to address environmental analysis, protection and mitigation for impacts for each element of the environmental review addressed and required by SEPA authority for exempt minor new construction projects. These regulations mid entities are identified in Attachment"A". iii. The City is required by the Growth Management Act to atdopt critical treats regulations to protect wetlands, fish and wildlife habitat conservation areas,geologically hazardous areas, critical aquifer recharge areas and floodp]aius areas. The City adopted critical areas regulations on September 25,2007, as set forth in SVMC Chapter 21 A0 Critical Ames. iv. The Shoreline Management Act requires the City to adopt a Shoreline Master Program with development regulations for the protection of shoreline ecological functions within 200 feet of the oedirtaiy high water mark. The City adapted a Shoreline Master Program on September 25, 200 7, es sat forth in SVMC Chapter 21.50 Shoreline Management and Restoration Program. The City is currently in the process of updating its Shoeeline Master Program. v. The primaty purpose of critical areas regulations and the Shoreline Master Program is protection of the environment. vi, The public health, safety, welfare, and protection of the environment are furthered by ensuring that the City's development regulations are consistent with goals and policies in the adopted Comprehensive Plan. 2. Compliance with requhernents set forth in WAC 197-11-800. a. The City has specified development regulations and utilizes aegiona,I, state, and federal regulations and entities to address each elcmernt of the environmental review addressed and required by SEPA anthority, These regulations are identified in Attachment"A". b. Locally established project-level public comment opportunities are provided for proposals within tite increased exemption levels through the City's specified development regulations as identified in SVMC Chapter 17.8D Local Project Permit Procedures for proposals involving the division of land, a shoreline substantial development permit, a conditienal use permit,variance, zone change, wireless communication facilities, planned residential development, plat alteration andlor pint vacation. c. WAC 197-11-800 (1)( c )(ii) and (iii) requires public notice and comment periods be provided and documented a minimum of 21 days prior to adoption, Notice was published in the Spokane Valley Herald on Febniary 22, 2013 and routed to agencies with jurisdiction on March 7, 2.013, Adoption is anticipated on/or after May 14, 2011 Affected tribes, agencies with expertise, affected jurisdictions, the Department of Ecology, and he public were given an opportunity to comment on the proposed code text amendments at a public. bearing before tale Planning Commission on February 28. Additional opperttmitime for public comment will be available prior to adoption by the City Council, flttclings final Recommendations of Spolcane Pr uninoCeivanission Cl'A-2012.0002 Page 2 of Pistmiiug Conunissio2I Canclusiori(s): I. The proposed city initiated code text amendment is consistent with the City's adopted! Comprehensive flan and the approval criteria contained in SVMC 1730.150F. 2. The proposal meets all regulatory and statutory requirements es noted in chapter 197-11 WAC. 3. The Growth Management .filet (GMA) stipulates that the comprehensive land use plait and development regulations shall be subject to continuing review and evaluation by the City, Recommendations: The Spokane Valley Planning Commission therefore recommends City Council adopt the proposed city- initiated code text amendments to SVMC 21,20.0110, SEPA Categorical Exemptions. Approved this 28th day of March,2013 r3 D I Bates,Chairman. ATTEST: r Carl Hinshaw,Planning Commission Sceretsiy Find!ngs and Roconinertdstiansof the Aldo no VoII Homing ConmissEonCTA-2O -0002 Par 3oFG AtI h feint "A„ Summary of environmental protections In other r odesfrutes compared to a complete IlsI of topics addressed by environmental review pursuant to the SPA: SEPA Authority by Element of the How Addressed by Other Codes/Rules* Environment (from 25.05.675) Air Quality 0 Regional air quality oversight is the responsibility of Spokane Regional Clean Air Agency (SRCA), SRCA regulates businesses that have potentially significant air eernissions. Additional authority provided by Environmental Protection Agency, Clean Air Act, and the state De artment of Ecolo Construction Impacts -Air Quality 4 Building code contains provisions for the removal of hazardous and combustible materials (Section 3303), SRCA (Spokane Regional Clean Air) regulates construction/demolition for air quality. Construction Impacts—Noise ' a Noise impacts are regulated by City nuisance code (SVMC 7.0 5 040), which refers to WAC 173-60-040 and criminal code (SVMC 0825.050). Construction noise is specifically exempt from noise standards _ between lam and 10 m. Construction Impacts—ParlcinglTrafficiStreetsf Spokane Valley Street standards address traffic Pedestrian Safety analysis and construction impacts in the public right-cf- way (SVMMC 22,130 Development Transportation improvements), Off-street parking and ieading impacts are addressed in SVMC 22.50 Off-Street Parking and Loading Standards, FarthlEnvirenmentally Critical Areas Mater Critical Area regulations(SVMC 21,40)address gee QuatitylDrahtiags&Plants and Animals hazards, aquifer recharge, water plants and animals. Code Includes mitigation for landslide hazards, steep slopes, unstable soils, weetlands, flood prone and fishlwildiife habitat areas. 0 In addition, the Stormwater, Grading & Drainage ordinances (SVMC 21,50 and 24.50), Floodplain regulations (SVMC 21.30) and Shoreline regulations (SVMC 21.50) include environmental &water quality — �- `roteectians. Energy 0 Energy Codes required by the City and the State mandate high revels of energy efficiency. Washington State Energy Codes are adopted by the City(SVMC 24.40,020), Environmental Health o Critical Materials regulations address toxic materials handling and storage (21.40), 5 Regulations for telecommunications facilities in the Land Use Code also apply within this category (SVMC 22.120, VVireleess Commlrnication Facilities}. Housing 0 City's zoning regulations provide wide range of housing options and regulations for such housing (SVMC 10.40.020— 19.40,110), Findings and Recommendations at.Ole 5pakane Valley Nanning Commission ETA•2013-06 2 Page 4ofd SEPA Authority by Element of the How Addressed by Other Codes/Rules* Environment (from 25.05.675) tl • City zoning regulations provide options and regulations far manufactured homes. (SVMC 19,40 120 and 19.40.130) Historic Preservation/Archaoologioal Sites a The Shoreline Master Program, Policy 13, Archaeological Areas and Historical Sites requires that ell Shoreline Substentlal Permits contain a condition such that the City and the State Parks and Recreation Commission must be notified immediately if artlfacts are uncovered during any excavation, SMP regulations 13,1 and 2 require no development be allowed in the shoreline area that destroys archaeological significant sites, and that all development must be designed to preserve the environment and visual quality of its surroundings. Federal and state regulations address protection of cu lturaiiarchaeological resources (including chapters 27.34, 27.53, 27.44, 79,01 and 79.90 RCN; and chapter 25.46 AC) Land Usell-tefght, Bulk &ScalefShadcws on • Zoning regulations address bulk and scale to ensure Open Spaces compatibility between adjacent land uses (SVMC 19.40 Residential Zones, 19.60 Commercial, Office and Mixed Use Zones, and 19.70 Industrial Zones). Light and Clare • Municipal code prohibits excessive and nuisance lighting (SVIIC 22,60 Outdoor Lighting Standards). Noise • Melee impacts regulated by nuisance code (SVMC 7.05.040),which refers to WAC 173-60-040 and In SVMC 5.25.060. Construction noise is specifically exempt from noise standards between lam and 10pm. Parking • Parking regulations address minimum parking requirements for uses (SVMC 22.50 Off-Street Parking and Loading Standards). Public Services and Facilities • Authority for requiring utility improvements is identified in rules, codes and policies and Is applied during permitting reviews and/or platting processes. This includes water, sewer, storm drain and fire protection Improvements (SVMC Title 20, Subdivision Regulations). e Public service and utility impact analyses to address growth Impacts are most appropriately addressed through area planning initiatives in conjunction with supporting Brea-wide SEPA reviews, as is done for subarea rezones, Public View Protection" • The Shoreline Managunneet At requires local SMP's to limit height within shoreline jurisdiction to 35' unless " Applios to public views from designate:1 otherwise specified. public viewpoints, perks, scenic routes and Q The City has identified aesthetic corridors where only view corridors to features such as monument signs are allowed (SVMC 22.110.080). mountains, skyline & water. Does not apply to views from private property. Reines aFri Recommendatinni u 5pclone ValieyPlannliiz Camtn*ss1on CTA-2413-0002 Page S 1016 SEPA Authority by Element of the low Addressed by Other Codes/Rules* Environment (from 25,06.M75) Traffic and Transportation a Adequate traffic facilities aro determined by the Concurrency Ordinance (SVIviC 22.20). Concurrency review is required for all projects that will generate more than 10 peak hour vehicular trips. _ Aft citations of from the Spokane Valley Municipal Code(SVMC), unless otherwise indicated. RCW= Revised Code of Washington. WAC=Washington Administrative Code. findings and Rec rznnendallinsartheSpokaneVal:eyPlarx rig Cn irnIssionCTA-2013.0002 Page baf& ATTACHMENT A COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY OF p0 ne STAFF REPORT AND RECOMMENDATION TO THE ■L�l�� PLANNING COMMISSION CTA-2013-0002 STAFF REPORT DATE: March 7,2013 HEARING DATE AND LOCATION: March 14, 2013, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley,Washington 99206. PROPOSAL DESCRIPTION: A city initiated text amendment to Spokane Valley Municipal Code (SVMC) 21.20.040 SEPA Categorical Exemptions,to adopt the maximum exemption levels allowed by WAC 197- 11-800(1)(d). PROPONENT: City of Spokane Valley Community Development Department, 11707 E Sprague Ave, Suite 106, Spokane Valley,WA 99206 APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions. SUMMARY OF RECOMMENDATION: The Planning Division recommends the Planning Commission approve the proposed amendment as put forth. STAFF PLANNER:LORI BARLOw,AICP, Senior Planner, Community Development Department ATTACHMENTS: Exhibit 1: Proposed text amendment to SVMC 21.20.040 A. BACKGROUND INFORMATION 1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Date Pre-Application Meeting: N/A Application Submitted: N/A Determination of Completeness: N/A Published Notice of Public Hearing: 2/22/2013 and 3/8/2013 2. PROPOSAL BACKGROUND: The proposal is to amend Spokane Valley Municipal Code (SVMC) Chapter 21.20 State Environmental Policy Act(SEPA)to increase the thresholds for specific land use categories that would trigger environmental review under SEPA. SEPA is a Washington State law that requires the majority of land use decisions made by every state and local agency to Staff Report and Recommendation CTA-2013-0002 be reviewed for environmental impacts. The Department of Ecology is the state agency responsible for SEPA oversight. Ecology was directed by the 2012 legislature to complete two rounds of updates to the SEPA rules(Chapter 197-11 WAC). The legislature directed Ecology to modernize the rules that guide state and local agencies in conducting SEPA reviews,in light of the increased environmental protections in place under Growth Management Laws(RCW 36.70A),the Shoreline Management Act(RCW 90.58) and other laws.The legislation set up two rounds of rule updates: A narrowly-focused initial round(targeted to be complete by December 31,2012 and a broader round of SEPA rule updates during 2013. The initial rule making considered two specific topics: • Increasing the thresholds for SEPA review of minor construction projects under Washington Administrative Code (WAC) 197-11-800(1) and(23)(c); and • Improving the efficiency of the environmental checklist in WAC 197-11-960. Senate Bill 6406 directed Ecology to convene a SEPA Advisory Committee to assist Ecology in updating the SEPA exemption thresholds and the environmental checklist. Scott Kuhta,Planning Manager,participated in the Advisory Committee representing the only jurisdiction from the east side of the state. The reason to increase the thresholds for SEPA review is to make the process more efficient and reduce redundancy. Each SEPA review process requires agency and public notice, followed by subsequent comment and appeal periods. The purpose of the review is to identify impacts that would not be addressed by city regulations. If impacts are identified,jurisdictions can "condition"projects with special requirements,or mitigation. Traffic impacts generated by new development are commonly mitigated through the SEPA process. However,with the resulting code requirements associated with GMA, SMA,and other laws protecting the environment,most jurisdictions have the codes in place to ensure impacts are addressed and/or prevented. As this is the case with Spokane Valley,the SEPA review for minor construction projects is an exercise in redundancy and does not result in any meaningful project modifications or mitigation. The resulting impact of the review is an increase in the time period necessary to complete project review and issue permits by 4—6 weeks. Reducing the amount of review time is advantageous to the development community in many ways,including financing, facilitating construction windows,maintaining project schedules,etc.. SEPA rules identify default thresholds for"Minor New Construction"that exempt a project from SEPA review. If the project is equal to,or smaller than the exempt level,environmental review is not required. The default thresholds are identified in the table below. The rules,even prior to the recent legislative update, allowed jurisdictions to adopt flexible thresholds and increase the applicable project threshold that would exempt a project from SEPA review. These are the thresholds being modified by the legislative update, as well as the city's code text amendment. The City adopted the flexible thresholds in the 2007 Spokane Valley Municipal Code. The current"Minor New Construction-Flexible Thresholds" adopted by the City and identified in SVMC section 21.20.040 Categorical exemptions are identified in the table below. Minor New Construction— Minor New Construction -Default Thresholds Flexible Thresholds(Current City Regulations) (i)The construction or location of four detached single family residential (i)20 dwelling units. units. Page 2 of 4 Staff Report and Recommendation CTA-2013-0002 (ii)The construction or location of four multifamily residential units. (ii) 30,000 square feet. (iii)The construction of a barn, loafing shed, farm equipment storage (iii) 12,000 square feet; 40 building, produce storage or packing structure, or similar agricultural automobiles. structure, covering 10,000 square feet, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots. (iv)The construction of an office, school, commercial, recreational, service or storage building with 4,000 square feet of gross floor area, (iv) 40 automobiles. and with associated parking facilities designed for twenty automobiles. This exemption includes stand-alone parking lots. (v)Any landfill or excavation of 100 cubic yards throughout the total (v) 500 cubic yards. lifetime of the fill or excavation not associated with an exempt project in subsection (b)(i), (ii), (iii), or(iv); and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder. The legislative update to the rules revised and clarified language relating to the "residential", "parking lot" and"landfill and excavation" categories of minor new construction by separating thresholds for single family projects from multi-family projects, and eliminating the differentiation between stand alone parking lots and parking lots associated with primary uses. As a result of the new categorization, the changes to the flexible thresholds are not just an increase to the units, area, automobiles, etc. The update became effective January 28, 2013, and allows the city to increase the maximum exemption levels requiring environmental review as indicated in the table below. These are the new thresholds proposed for adoption by this amendment. Fully planning GMA counties All other counties Other Incorporated and unincorporated Incorporated and Project types unincorporated UGA areas unincorporated areas Single family residential 30 units 20 units 20 units Multifamily residential 60 units 25 units 25 units Barn, loafing shed, farm 40,000 square feet 40,000 square feet 40,000 square feet equipment storage, produce storage or packing structure Office, school, 30,000 square feet and 12,000 square feet 12,000 square feet commercial, recreational, 90 parking spaces and 40 parking and 40 parking service, storage building, spaces spaces parking facilities Landfill or excavation 1,000 cubic yards 1,000 cubic yards 1,000 cubic yards B. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17(General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F) Municipal Code Text Amendment Approval Criteria Page 3 of 4 Staff Report and Recommendation CTA-2013-0002 i. The City may approve Municipal Code Text amendment, if it finds that (1) The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan; Staff Analysis: The proposed amendment is consistent with the applicable policies of the Comprehensive Plan which direct the city to provide effective,predictable,and clear customer service. Relevant Comprehensive Plan goals and policies are shown below: Introduction Goal G-1: Create a government that places a premium on providing effective customer service. Introduction Policy IP-1: The City should periodically evaluate programs, procedures,processes and other opportunities of reaching the customer service goal. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency,predictability and clear direction. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity,consistency and predictability. (2) The proposed amendment bears a substantial relation to public health,safety, welfare,and protection of the environment; Analysis: The amendment bears substantial relation to public health, safety,welfare and protection of the environment. The proposed amendment will provide efficient, predictable, and clear customer service while meeting the requirements for environmental review contained in WAC 197-11-800-(1)(d). b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC. 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): No concerns are noted. 3. Finding and Conclusions Specific to Agency Comments a. Findings: No agency comments have been received to date. b. Conclusion(s): No concerns are noted. C. OVERALL CONCLUSION The proposed code text amendment is consistent with the Comprehensive Plans policies and goals. D. STAFF RECOMMENDATION The Planning Division,after review and consideration of the applicable approval criteria,recommends the proposal to adopt the maximum to adopt the maximum exemption levels allowed by WAC 197-11-800- (1)(3). Page 4 of 4 1 City Council Ordinance ISM Reading April 23rd ,2013 Text Amendments to the Spokane Valley Municipal Code Chapter 21.20 Em4FS'ithicane Department of Community Development CafeoricaIxeirnions exi e resholds Single family residential 4 units Multifamily residential Agricultural Structures Office, school, commercial, recreational, service, storage building, parking facilities 4 MF 10,000 SF 4,000 SF and 20 parking spaces Landfill or excavation 100 CY's Flexible Thresholds 20 units 4 MF units 10,000 SF 12,000 SF and 40 parking spaces 500 CY's Maximum Threshol • 30 units 60 units 40,000 square feet 30,000 square feet and 90 parking spaces 1 ,000 cubic yards Department of Community Development proposed AmdmentT in 'Z V iv 1 as as 21 .20.040. B. Flexible Thresholds. The City adopts the following exempt levels for new construction pursuant to WAC 197-11 -800(1 )(c): 1 . For single family residential dwelling units, up to 20 30 dwelling units. 2. For multifamily residential dwelling units, up to 60 units 23. For agricultural structures, up to 30,000 square feet. For barn, loafing shed, farm equipment storage, produce storage or packing structure buildings up to 40,000 square feet . For office, school, commercial, recreational, service or storage buildings, up to 12,000 30,000 square feet of gross floor area and with associated parking facilities designed for up to 40- 90 parking spaces. This exemption includes stand alone parking lots. 4. For parking lots, up to 40 parking spaces. 5. For landfills and excavations, up to x-0-0 1 ,000 cubic yards. f IT-HALL,r,spo'i-+ Department of Community Development motaidi all chavterz�o LancT $i°sturbinq Activities Q � - Chapter 24 . 50 LAND DISTURBING ACTIVITIES 24 . 50.030 Engineered grading permits 24.50.030.C. Engineered Grading Permit SUBMITTAL REQUIREMENTS. The minimum documents required for permit application are as follows: L 9. SEPA checklist , if required . r1______!____ r!__! _ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2013 Department Director Approval: Check all that apply: [' consent ❑ old business ® new business [' public hearing ❑ information ❑ admin. report [' pending legislation [' executive session AGENDA ITEM TITLE: Proposed Resolution 13-005, Amending Governance Manual GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: This matter was a topic of discussion at the Council's February 26 Workshop meeting. The Governance Committee, consisting of Mayor Towey, Councilmember Wick, City Manager Mike Jackson, City Attorney Cary Driskell, and City Clerk Chris Bainbridge, met March 19 to discuss proposed changes. At the April 16 Council meeting, staff presented Council with an administrative report concerning these amendments, and there were no objections to bringing this forward for approval consideration of a resolution to amend the manual. BACKGROUND: The direction staff received previously was to address certain changes in the Governance Manual, including committee appointments, donations, and Council vacancies. The Governance Committee met and discussed the proposed changes. As a result of that meeting, other than minor edits, the main changes include adding a section for Council Vacancies, Donations, and updating the Committee section concerning the Mayor's recommendation. OPTIONS: Approve the resolution, with or without further amendments to the Manual; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: I move to approve Resolution 13-005 Amending the Governance Manual as presented. BUDGET/FINANCIAL IMPACTS: none STAFF CONTACT: Chris Bainbridge, Mike Jackson, Cary Driskell ATTACHMENTS: Governance Manual, clean and draft redline version DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 13-005 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING CITY OF SPOKANE VALLEY RESOLUTION 12-002 WITH ATTACHED `GOVERNANCE MANUAL' COMPRISING THE CITY COUNCIL'S COMPREHENSIVE COLLECTION OF MEETING RULES AND PROCEDURES,AND OTHER MATTERS RELATING THERETO. WHEREAS, written rules of procedure regarding how the City Council conducts its policy- making business for the City best assure an atmosphere conducive to efficiency, uniformity and consistency; and WHEREAS, the rules and procedures adopted by the Council by which they conduct the policy- making business of the City need to be amended from time to time to reflect changes in the law and practice of the Council. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington,as follows: Section 1: On April 10,2012, Council adopted Resolution 12-002 repealing and replacing the previously adopted City of Spokane Valley Resolution 10-020 with Attached Governance Manual. Section 2. The Council hereby repeals Resolution 12-002 with Attached Governance Manual, and replaces it with "City of Spokane Valley Governance Manual," which contains Appendices to that Manual, including but not limited to, the formerly adopted "General Policy Resolution of Core Beliefs," as well as "Councilmembers' Statement of Ethics," all of which is attached hereto and incorporated herein. Section 3. Effective Date. This Resolution shall be in full force and effective upon adoption. Adopted this day of April, 2013. ATTEST: Thomas E. Towey,Mayor Christine Bainbridge,City Clerk Approved as to Form: Office of the City Attorney CITY OF po eKan Governance Manual Resolution 13-005 A Comprehensive Collection of Rules and Procedures Adopted April 23, 2013 Resolution 03-028 adopted 5-13-2003,replaced by Resolution 04-013 adopted 5-25-2004,replaced by Resolution 05-021 adopted 9-13-2005,replaced by Resolution 06-022 adopted 11-14-2006,replaced by Resolution 07-020, adopted 12-11-2007,replaced by Resolution 09-012, adopted 09-08-2009,replaced by Resolution 10-020, adopted 12-28-2010, replaced by Resolution 12-002, adopted 04-10-2012,replaced by Resolution 13-005, adopted 04-23-2013 1 TABLE OF CONTENTS CHAPTER 1: Council Meetings ... 4 A. General 5 1.Time and Location 5 2. Open to the Public 5 3. Presiding Officer 5 B. Types of Meetings 6 1. Regular Meetings 6 a.Formal Format 6 b. Study Session Format 8 c.Executive Sessions 10 2. Special Meeting 11 3. Pre-Agenda Meeting 12 C. Meeting Rules and Procedures 12 1. Council Rules of Order 12 2. Quorum 12 3.Attendance,Excused Absences 12 4. Respect and Decorum 13 5. Seating Arrangement 13 6. Dissents and Protests 13 7. Councilmember Meeting Participation by Telephone/Video Conference 13 8.Adjournment Due to Emergency or Disruption 13 9. Permission Required to Address the Council 13 10.Approaching the Dais 14 11. Out of Order Requests 14 12. Photographs,etc. Requiring Artificial Illumination Prior Permission Required 14 13.Voting 14 14.Motions and Discussion 14 Table of Parliamentary Procedure at a Glance 16 15. Ordinances 17 16. Resolutions 17 17. Reconsideration 17 18. Council Materials/packets 18 19. Three Touch Principle 18 CHAPTER 2: Legislative Processes and Procedures 20 A. Election of Council Officers 21 B. Filling Council Vacancies 21 C. Legislative Agendas . 24 D. Council Travel Provisions 24 E. Ballot Measures 24 CHAPTER 3: Council Contacts 26 A. Citizen Contacts and Interactions 27 1.Mayor/Council Correspondence 27 2. Citizen Concerns,Complaints and Suggestions to Council 27 3.Administrative Complaints to Individual Councilmembers 27 4. Social Media 27 5. Donations 27 B. Staff Contacts and Interactions 28 1. Role of the City Manager 28 2 2. City staff Attendance at Meetings 28 3. City Clerk—Minutes 28 4.Administrative Interference by Councilmembers 28 5. Informal Communications Encouraged 29 CHAPTER 4: Hearings 30 A. General Public Hearings 31 1. Purpose 31 2. Legislative Hearings 31 B. Quasi-Judicial 32 1. Purpose 32 2. Specific Statutory Provisions 32 3.Actions/Procedures for a Quasi-Judicial Public Hearing 32 4.Appearance of Fairness Doctrine 34 CHAPTER 5: Committees,Boards, Commissions 37 A. Regional 37 1. Committees 37 2. Council Relations with Boards, Commissions,Advisory Bodies 37 B. hi-house 37 1. Standing Committees 37 a. Planning Commission 37 b. Lodging Tax Advisory Committee 38 c.Finance Committee 38 C. Private Committees,Boards,Commissions 40 CHAPTER 6: Disclaimer 41 A. Purpose 41 B. Use 41 C. Reliance 41 Appendices: A. Definitions . 42 B. Frequently Used Acronyms 43 C. Optional Committee Report Form 46 D. Policy Resolution of Core Beliefs 47 E Statement of Ethics . 49 F. Index 50 Endnotes 52 3 CHAPTER 1 Council Meetings 3 I y h �I .. „� s ', .. ' � i �� a � 1M 1f F � � � . ....a d ' :, , , � t 1� 1 I ® I r I �1 jj I hy' Y. r 1 a ,,. 1 Fro I ly e 'I- calm •• .,..... J• ji i. 4.,.. i 1 il . it .,',.. -•.,',:.' A -0, lip- "fa-4121'• iii."-4.- ' If v - .: I „i r r 1 ,L J .v %1114.0rimw-S '4' i ( � .,. I +� art - i C i� r to �: ? 1 I - 4 A. General 1. Council Meetings- Time and Location Unless otherwise specified in a meeting notice, regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m. 2. Council Meetings-Open to the Public All meetings of the City Council and of committees thereof shall be open to the public, except as provided for in RCW 42.30.110' (Executive Sessions),or RCW 42.30.140 2 (Open Public Meetings Act). Councilmembers will notify appropriate staff of Councilmember's plans to attend any of the various outside public meetings hosted by other organizations or agencies, or City meetings hosted by various City Departments, so that notice may be published concerning such attendance in order not to risk any real or perceived violation of the Open Public Meetings Act. 3. Presiding Officer The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties unless specifically set forth herein. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by majority vote of the remaining members of the Council, shall act as Mayor during the continuance of the absences [RCW 35A.13.0353]. The Mayor, Deputy Mayor (in the Mayor's absence) or Mayor Pro Tem are referred to as "Presiding Officer" from time to time in these Rules of Procedure. 5 B. Types of Meetings 1. Regular Meeting Any Council meeting that meets in the Spokane Valley City Council Chambers on Tuesday at 6:00 p.m. shall be deemed a"regular meeting." a. Formal Format 1. Normally held 2nd and 4th Tuesdays. The City Clerk, under the direction of the City Manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting, a copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, appropriate staff, and the media who have filed a notification request. Agendas may be amended as required,and expeditiously distributed to Council and appropriate staff. 2. Requests for presentations to be scheduled on any Council agenda imply that the presentation is the official business of the City, and such requests should be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. The City Clerk will consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of video tapes, DVD's, PowerPoints, or other electronic presentations shall be pre-screened by the City Manager or designee who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. 3. Forms of Address. The Mayor shall be addressed as "Mayor (surname)" or "Your Honor." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Members of the Council shall be addressed as"Councilmember(surname)"unless waived by the Presiding Officer. 4. Order of Business. The business of all regular formal meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously,without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the "amended agenda." a. Call to Order by the Presiding Officer. b. Invocation. c. Pledge of Allegiance. d. Roll Call. (See Chapter 1, C3 [page 12] for procedure to excuse an absence) e. Approval of Agenda. In case of an emergency or an extremely time-sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by the Presiding Officer, three Councilmembers, or the City Manager and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council will then consider a motion to approve the amended agenda. ("Three-Touch Principle"should be followed whenever possible.) f. Introduction of Special Guests and Presentations. g. Councilmember Reports. Council or government-related activities(e.g. synopsis of committee, commission,task force or other board meetings). These oral reports are intended to be brief, city work-related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the City on a regional board, committee, task force 6 or commission, whether as a formal member or as a liaison. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. (See Appendix D"Optional Committee Report Form") h. Presiding Officer's Report. i. Public Comments. Comments from the public on subjects not on the agenda for action (as well as comments connected with action items) are limited to three minutes each unless modified by the Presiding Officer. The City Council desires to allow a maximum opportunity for public comment. However, the business of the City must proceed in an orderly,timely manner. At any time the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption or undue delay of other necessary business. 1. Subjects Not on the Current Agenda. The Presiding Officer may invoke a sign-in procedure for speakers. Any member of the public may request time to address the Council. Speakers shall state their name, address, and the subject of their comments, and spell their last name for the record. The Presiding Officer may allow the comments subject to such time limitations as the Presiding Officer deems necessary. Following such comments, the Presiding Officer may place the matter on a future agenda, or refer the matter to administration for investigation and report. 2. Subjects on the Current Agenda. Any member of the public who wishes to address the Council on an action item on the current agenda shall make such request to the Presiding Officer at the time when comments from the public are requested during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. As an option, the Presiding Officer may invoke a sign-in procedure. The Presiding Officer in consultation with the City Manager and/or City Attorney shall rule on the appropriateness of public comments as the agenda item is reached and shall rule on a specific individual or group time limit for public comment. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. 3. Comments shall be made from the microphone, first giving name, address and subject.No comments shall be made from any other location,and anyone making "out of order" comments shall be subject to removal from the meeting. The public shall be reminded that this is not an opportunity for dialogue or questions and answers,but public comment. When appropriate, staff will research issues and report back to those making the comment as well as to Council. Public comments are opportunities for speakers to briefly address Council, and those speaking are to address members of Council and not the audience. Since this is an opportunity for public comment, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the City, graphs, charts, posterboards, PowerPoint presentations, or other display materials will not be allowed, although, written comments and written materials, including photographs and petitions,may be submitted to Council via the City Clerk. 4. There will be no demonstrations before, during or at the conclusion of anyone's presentation. Any disruptive behavior, as determined by the Presiding Officer, shall be cause for removal from the meeting room. 5. Any ruling by the Presiding Officer relative to the subsections 1 and 2 above may be overruled by a vote of a majority of Councilmembers present. 6. Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required, scheduled, or held. (See Chapter 4 for procedure for taking public comment on legislative matters.) Unless solicited and scheduled, comments shall not be permitted relative to any future or possible/probable future ballot issue. (See Chapter 2, E Ballot Measures for further direction concerning ballot measures.) 7. Written Public Comments. Citizens have the option of submitting written views, opinions, comments, data and arguments to the Council on any topic and at any 7 time, not just prior to or during public Council meetings. Unless the citizen reads their own prepared written comments, such comments will not be read during regular or special Council meetings. Any written comments submitted to Council via the City Clerk will be distributed to Council by placing copies at each Councilmember's workstation or city desk; or in the case of e-mailed comments, will be forwarded to Council via e-mail. If individual Councilmembers receive written public comments or materials for the purpose of reading/sharing those materials during Council meetings, those materials should be submitted to the City Clerk prior to the Council meeting so the Clerk can make copies for later distribution to members of Council. (See #6 above and Chapter 2, Ballot Measures; see also Public Hearings section regarding public comments.) j. Public Hearings. (See Chapter 4 for procedural details) k. Consent Agenda. 1. Items which may be placed on the Consent Agenda are those which: (1) have been previously discussed by the Council; (2) based on the information delivered to members of the Council by administration can be reviewed by a Councilmember without further explanation; (3) are so routine, technical or nonsubstantive in nature that passage without discussion is likely;or(4)otherwise deemed in the best interest of the City. 2. The proper Council motion on the Consent Agenda is: "I move approval of the Consent Agenda." This motion will have the effect of moving to approve all items on the Consent Agenda. Since approval of any item on the Consent Agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the Consent Agenda. Therefore, prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda. If any matter is withdrawn,the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting. 1. Unfinished Business [includes matters that were pending when a previous meeting adjourned, or matters specifically postponed to the present meeting.] m. New Business. [Action items are designated as New Business] n. Public Comments. [Same as"i" above] (Three-minute time limit each) o. Administrative Reports. Reports or tracking of an administrative issue or topic. p. Information Only Items. These items will generally not be discussed or reported. q. City Manager Comments. r. Executive Session (as required). (See Chapter 1, section Blc below) s. Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular formal Council meeting, unless the Council by a majority vote of members present determines otherwise. b. Study Session Format 1. Normally held 1St, 3rd and 5th Tuesdays. The purpose of the study session format is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. Study sessions shall be in a less formal setting than regular formal meetings. Council may be seated other than at the dais, but shall not discourage public observation. Unless there are designated action items which permit public comment, there will be no public comment at study sessions although the Council may request staff or other participation in the same manner as a regular formal Council meeting. The City Clerk,under the direction of the City Manager, shall arrange a Council study session agenda for the meeting. For each item, the agenda shall contain the discussion subject, the discussion leader, the activity and the discussion goal. A copy of the agenda and accompanying background materials shall be prepared for Councilmembers, the City Manager, 8 appropriate staff and the press, on or before 4:30 p.m., one day before the meeting. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise, the City Clerk will prepare a hard copy agenda packet for individual Councilmembers. During a Council meeting, the Presiding Officer may rearrange items on the agenda to conduct Council business more expeditiously without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the "amended agenda." a. Voting. 1. Action Items on the Agenda. Although action items may occasionally be included on a study session agenda,it is the practice of Council to keep those instances to a minimum. Because a study session is a recognized meeting according to the "Open Public Meetings Act," it is permissible for Council to take final action during these meetings. 2. Non-action Items on the Agenda. Because study sessions are usually understood by the public and media as referring to meetings at which Council will only consider and discuss items and not take final action or vote, it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council's practice to invite public comment after most motions,it would be inappropriate to make a"surprise"motion unless there is a rare special circumstance.Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media, the practice is discouraged. 2. Discussion Leader's Role. During the Council study session, the discussion leader should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to schedule the topic for a motion or official direction of the Council. 3. The role of the Presiding Officer is to facilitate Councilmembers engaged in free flowing discussion without the necessity of each Councilmember being recognized by the Presiding Officer. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all Councilmembers have the opportunity to be heard, and to keep the discussion properly focused. 4. Requests for presentations to be scheduled on any Council agenda imply that the presentation is the official business of the City, and such requests should be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. The City Clerk will consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of video tapes, DVD's, PowerPoints, or other electronic presentations shall be pre-screened by the City Manager or designee who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. 5. Council Comments. The purpose of this agenda item is to allow Councilmembers an opportunity to report on an activity or key issue which either just arose, needs immediate or imminent action, or to simply report on items that transpired since the last Council meeting, and to serve as an additional opportunity for Councilmembers to bring up topics for clarification, or to address other upcoming concerns. Pre-scheduled materials Council wishes to share as part of the Council packet,could also be included on study session agendas under"Council Comments." [See also page 18] 9 6. City Manager Comments. The purpose of this agenda item is to allow the City Manager the opportunity to brief Council on an activity or issue which either just arose, needs immediate or imminent action,or to simply inform Council of items that transpired since the last Council meeting. 7. Forms of Address. Councilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. 8. Roll Call. The City Clerk shall conduct a roll call of Councilmembers. (See Chapter 1, C3 for procedure to excuse an absence) c. Executive Sessions 1. If Council holds an executive session, it will be held in accordance with the Open Public Meetings Act, RCW Chapter 42.30. The Council may hold an executive session during a regular or special meeting. Before convening in executive session,the Presiding Officer shall ask for a motion from Council to: publicly announce the purpose for adjourning into executive session; the approximate length of time for the executive session; the likelihood of Council taking action at the close of the executive session; and whether Council will return to regular session at the close of the executive session or will adjourn the meeting. a. At the close of the executive session and upon Council's return to chambers, the Presiding Officer will declare Council out of executive session, and will ask for the appropriate motion (i.e. an action motion or a motion to adjourn). b. To protect the best interests of the City, Councilmembers shall keep confidential all oral and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers (RCW 42.524) and/or the Public Records Act(RCW 42.565). 2. RCW 42.30.110 explains the purpose for holding an executive session,some of which include: a. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price (pending land acquisition); b. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public; [note that stating that an executive session is to discuss a "personnel matter" is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.] (review qualifications of a public employee) c. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public (review qualifications of an elected official) d. RCW 42.30.110(1)(i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. 10 For purposes of this subsection (1)(i), "potential/pending litigation" means matters protected by Rules of Professional Conduct(RPC) 1.6 or RCW 5.60.060(2)(a)concerning: (i) Litigation that has been specifically threatened to which the agency, the governing body,or a member acting in an official capacity is,or is likely to become,a party; (ii) Litigation that the agency reasonably believes may be commenced by or against the agency,the governing body,or a member acting in an official capacity; or (iii) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. 3. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.1606 that the public be made aware of the preliminary agendas of meetings in advance of the meeting, but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action on the matter would not be taken at the executive session, it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. per MRSC Index-General Government-Executive sessions.] Although amending the agenda is not required in order to adjourn into executive session, it is a good practice for the Mayor to announce at the beginning of the meeting, that Council will be adjourning into an executive session at the end of the regular meeting. 4. Attendance at Executive Sessions. The City Attorney will be present at executive sessions and it should be noted that the City Attorney is required to attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session other than the Council and the Mayor is determined by the Council. Where appropriate, the Council may invite other city officials, employees, or individuals to attend executive sessions. If Council invites others, those invited should have some relationship to the matter being addressed, or they should be in attendance to otherwise provide assistance to the Council. For example, staff may be needed to present information or take notes or minutes,but per RCW 42.32.0307,executive session minutes are not required. 2. Special Meetings Meetings set at days, times, and places other than Tuesdays at 6:00 p.m. in the Spokane Valley City Council Chambers shall be deemed"special meetings," such as joint meetings with other jurisdictions or entities(Board of County Commissioners,Planning Commissioners), and Council workshops or retreats. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.1708, 35A.12.1109). Written notice of the special meeting shall be prepared by the City Clerk. The notice shall contain information about the meeting, including date, time, place, and business to be transacted. The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting (RCW 35A.12.11010) The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080", that is: (a) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (b) As to any member who was actually present at the meeting at the time it convenes, and (c) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. Agendas shall be drafted in a form submitted by the City Clerk, approved by the City Manager, and distributed in a manner similar to agendas for formal and study session meetings. The processes and rules for agenda content apply to regular formal, study session format, as well as special meetings. 11 Voting: 1. Action Items on the Agenda. Action items may be included on an agenda for a special meeting, and could even be the reason the special meeting is called. It is the practice of Council to allow time for the public to comment on action items and the "public comment" should be so noted on the agenda. As with other types of meetings, Council adheres to the Open Public Meetings Act, so therefore it would be permissible for Council to take final action during these meetings. Action items could be added during the meeting and the agenda amended accordingly, but the preferred method is to refrain from adding action items at the last minute to any agenda, since that would not give the public, staff, and press adequate time to realize public comment would be permitted. 2. Non-action Items on the Agenda. Special meetings are generally more in the form of a workshop or retreat, and are usually understood by the public and media as times when no action will be taken. Therefore,it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council's practice to invite public comment after most motions, it would be inappropriate to make a"surprise"motion unless there is a rare special circumstance. Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media,the practice is discouraged. 3. Pre-Agenda Meetings: The City Manager, City Clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to go over the Council agenda of the upcoming meeting, which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impending meeting. This meeting also serves as an opportune time to discuss the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. C. Meeting Rules and Procedures 1. Council Rules of Order The City Clerk shall serve as the official parliamentarian for all Council meetings, and will keep a copy of the most current"Robert's Rules of Order"(RONR) in Council Chambers during Council meetings. 2. Quorum At all regular and special meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time to time, provided that written notice of said adjournment is posted on the exterior Council Chamber doors per RCW 42.30.09012. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.17013, 35A.12.12014) 3. Attendance,Excused Absences RCW 35A.12.060 15provides that a Councilmember shall forfeit his/her office by failing to attend three consecutive regular meetings of the Council without being excused by the Council. Members of the Council may be so excused by complying with this section. The member shall contact the Mayor, City Clerk,or City Manager prior to the meeting and state the reason for his/her inability to attend the meeting. Following roll call,the Presiding Officer shall inform the Council of the member's absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable.Upon passage of such motion by a majority of members present,the absent member shall be considered excused and the City Clerk will make an appropriate notation in the minutes. 12 4. Respect and Decorum It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices,City staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum and a Councilmember shall neither by conversation or otherwise,delay or interrupt the proceedings of the Council, nor disrupt or disparage any Councilmember while speaking. Councilmembers and the public shall comply with the directives of the Presiding Officer. Any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the business of the Council, either while addressing the Council or attending its proceedings, shall be asked to cease such disruption,or may be asked to leave, or be removed from the meeting. At any time during any Council meeting, any Councilmember may object to personal affront or other inappropriate comments, by calling for a "point of order." After the Councilmember is recognized by the Presiding Officer and the Councilmember explains their point concerning respect and decorum, or lack thereof, the Presiding Officer shall rule on the remark and may ask the person making the disturbance to cease or leave the room. Continued disruptions may result in a recess or adjournment as set forth in#8 below. 5. Seating Arrangement Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 6. Dissents and Protests Any Councilmember shall have the right to express dissent from or protest orally or in writing, against any motion,ordinance or resolution of the Council and have the reason therefore entered or retained in the minutes. 7. Councilmember Meeting Participation by Telephone/Video Conference Telephone/video conference participation by Councilmembers may be allowed provided that a quorum of Councilmembers will be physically present for the Council meeting in question, and provided technical availability and compatibility of electronic equipment enables the conferencing Councilmember(s)to hear the proceedings,be heard by those present, and participate in Council discussion. a. Requests to use telephone/video conference participation shall be approved by the Council by motion. Such participating Councilmember(s) should be present and counted. So as not to disrupt the Council meeting, adequate notice must be given to allow hookup in time for the beginning of the meeting. b. Telephone/video conference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings, and the requesting Councilmember(s) shall declare that (s)he has reviewed the associated material (if any) provided for those hearings and/or proceedings prior to the time the vote will be taken by Council. 8. Adjournment Due to Emergency or Disruption In the event of an emergency such as a fire or other natural or catastrophic disaster, threatened violence, or inability to regain good order, the Presiding Officer shall forthwith declare a recess, adjourn, or continue the meeting, and the City Council as well as everyone in the room shall immediately leave the meeting room. The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 9. Permission Required to Address the Council Persons other than Councilmembers and staff shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or City Manager. 13 10. Approaching the Dais Once a Council meeting has been called to order, stepping between the podium and the dais will not be allowed, and stepping behind any part of the dais, including those parts occupied by staff is also not permitted. This includes, but is not limited to, video recording, still photography, tape recording, and distributing written handouts. Council reserves the right to invite anyone forward to the podium to be addressed by Council. 11. Out of Order Requests Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During "Open Comments From the Public," such person may request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on allowing or disallowing the out of order request. 12. Photographs, Motion Pictures or Video Tape Requiring Artificial Illumination — Prior Permission Required No overhead projection, photographs, motion pictures, or video tapes that require the use of floodlights, or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. 13. Voting The votes during all meetings of the Council shall be transacted as follows: a. Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice. At the request of any Councilmember, a roll call vote shall be taken by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. b. In case of a tie vote on any proposal,the motion shall be considered lost. c. Every member who was present when the question was put, shall give his/her vote. If any Councilmember refuses to vote "aye" or"nay,"their vote shall be counted as a"nay"vote unless the Councilmember has abstained or recused themself due to actual or perceived appearance of a conflict of interest,which shall be so stated prior to the vote at hand. d. The passage of any ordinance, grant, or revocation of franchise or license, any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. e. The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war (except for the statutory powers of the Mayor in accordance with RCW 35A.13.03016); and provisions for a lesser emergency, such as a budget amendment, shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.19017). The passage of any motion or resolution not subject to the provisions of Washington law, the Spokane Valley Municipal Code, or a Resolution as amended requiring a "super majority" for approval, shall require the affirmative vote of at least a majority of the membership of the Council who are present and eligible to vote. 14. Motions and Discussion a. Order of Procedure: 1.Member of Council makes a motion by stating: "I move . . ." The motion is seconded. Staff makes their presentation. Mayor asks Council if there are any questions for staff. Once all questions have been addressed,the staff member steps away from the podium to allow for the public comment opportunity. 14 2. The Mayor invites public comments. Public comments should be limited to one comment per person per topic and limited to three minutes. Mayor reminds the public this is time for comments and not discussion; and if the public has questions,those questions will be addressed by staff at another time outside the meeting. 3.Mayor opens the floor to Council for discussion. The maker of the motion normally begins the discussion. The discussion must have bearing on whether the pending motion should be adopted (RONR§43); and can be prefaced by a few words of explanation,but must not become a speech (RONR§4).All Council remarks should be addressed through the Mayor. 4. When discussion has ended, the Mayor re-states the motion or asks the Clerk to re-state the motion. Once the motion is re-stated, the Mayor calls for the vote, which is normally taken by voice.The Mayor or the Clerk then states whether the motion passed or failed. b. In General: 1. Except in rare circumstances, Council motions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent"approval by default"of a failed negative motion. 2. Agenda items scheduled for Council action shall require a motion by a Councilmember before discussion unless the Council suspends the requirement by majority vote. Upon failure of either a prior motion or rule suspension, the agenda item shall be passed over and may not be reintroduced until the next regular meeting. (Mayoral appointments excepted. See Committees for further discussion.) 3. Councilmembers should direct questions to the City Manager or the designated presenter. 4. Main motions are made when no other motion is pending (see chart below). They are debatable and subject to amendment. Since seconding a motion means "let's discuss it," if there is no second but discussion ensues, the matter of having a second to proceed is moot and the motion can proceed. However, if there is no second and no discussion, the motion does not progress. Note that the motion does not "die for a lack of a second" but it merely does not progress. 5. The maker of a motion can withdraw their motion without the consent of the seconder, and if the mover modifies the motion, the seconder can withdraw the second. The person making the motion is entitled to speak first to the motion. A maker of the motion can vote against the motion but cannot speak against their own motion. 6. No one should be permitted to speak twice to the same issue until everyone else wishing to speak has spoken. All remarks must be directed to the Presiding Officer and must be courteous in language and deportment (Robert's Rules of Order Newly Revised, Article VII, Section 43, Decorum in Debate), keeping in mind it is not the Councilmember, but the measure that is the subject of debate. 7. When an amended motion is on the floor,the vote is taken on whether to adopt the amendment. If adopted,the next vote is on the fully amended motion. 8. Motions should be reserved for items marked on the agenda for action, so as to avoid any surprises for Council,staff and the public. 15 Parliamentary Procedure at a Glance Roberts Can be Rules of IF YOU INTERRUPT NEED Debated Can be Order§ WANT TO YOU SAY ? 2ND? ? Amended? VOTE 11 Postpone I move to postpone. indefinitely(the . . .(an affirmative purpose is to vote can be prevent action reconsidered;a or kill an issue.) negative vote cannot.)indefinitely No Yes Yes No Majority 12 Modify wording I move to amend the of motion motion by. .. No Yes Yes Yes** Majority 14 Postpone to a Ex: I move to certain time postpone the motion to the next Council meeting. No Yes Yes Yes Majority 16 Close debate I move the previous question,or I call for the question No Yes No No Majority* 17 To Table a I move to lay on the motion table,the motion to No Yes No No Majority 19 Complain about Point of Privilege noise,room temperatures, Chair etc. Yes Yes Yes Yes decision 20 Take break I move to recess for. No Yes No Yes Majority 21 Adjourn I move to adjourn meeting No Yes No No Majority 23 Object to Point of Order procedure or Chair personal affront Yes No No No decision 25 Suspend rules I move to suspend the rules and. . . No Yes No No Majority* 34 Take matter I move to take from from table the table the motion No to.. . No Yes No Majority 35 Reconsider I move we reconsider something action on.. . already disposed of No Yes Yes Yes Majority It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote. If the intended purpose is to postpone,then the motion to postpone should be used. If more information is needed or desired in order to make the most informed vote possible,then an option would be for the maker of the motion to simply withdraw the motion.The consent of the seconder is not needed to withdraw a motion. While a motion is still on the table,no other motion on the same subject is in order. The motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. The motion to "Lay on the Table" is out of order if the evident intent is to kill or avoid dealing with a measure. (Robert's Rules of Order Newly Revised,10th Edition)*(Roberts Rules of Order Newly Revised states 2/3 vote required.Council direction is to base vote on majority except on matters where 2/3(or majority plus one)is required by state statute. **If the main motion to amend can be amended. 16 15. Ordinances Except for unusual circumstances or emergencies, ordinances and resolutions will customarily be prepared, introduced and proceed in accordance with the "Three Touch Principle." Prior to final passage of all ordinances or resolutions, such documents shall be designated as drafts. a. A Councilmember may, in open session, request of the Presiding Officer that the Council consider enacting an ordinance for a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration, a committee, or the Council for consideration. The committee or administration shall report its findings to the Council. The City Manager may propose the drafting of ordinances (RCW 35A.1318). Citizens, Boards and Commissions may also propose consideration of ordinances and resolutions. b. Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution,once on the agenda,he or she should so announce,make the initial motion and provide an introduction of the measure. c. Ordinances shall normally have two separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the City Clerk prior to its passage. However, if a Councilmember requests that the entire ordinance or certain sections be read, such request shall be granted. Printed copies shall be available upon request to any person attending a Council meeting. d. The provision requiring two separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. (This would require a successful motion to suspend the rules and pass the ordinance on a first reading.) e. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost,unless a subsequent motion directs its revision and resubmission to first reading. f. Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts,incidents,transactions or decisions occurring before such repeal. 16. Resolutions A resolution may be approved on the same day it is introduced. While it is not necessary to have the title of a resolution read aloud, Council may invoke the two reading procedures described above to facilitate public understanding and/or comment on the resolution. If Council invokes the two reading procedures,a Councilmember may request that the entire resolution or certain sections be read, and such request shall be granted and the City Clerk shall read as requested. Printed copies shall be made available upon request to any person attending a Council meeting. 17. Reconsideration Any action of the Council,including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except: 1. any action previously reconsidered; 2. motions to adjourn or motions to suspend the rules; 3. an affirmative vote to lay an item on,or take an item from,the table; 4. a previously passed motion to suspend the rules;or 5. a vote electing to office one who is present and does not decline. Such motion for reconsideration: 1. must be reconsidered during the same Council meeting; 2. must be called up when no business is pending (no action is pending); 3. if action is pending,the Mayor asks the Clerk to note that the motion to reconsider has been made and is to be taken up when a member calls the motion to reconsider the vote when no other business(action)is pending; 4. must be made by a member who voted on the prevailing side on the original motion; 5. a member who makes this motion should state that he or she voted on the prevailing side; 6. needs a second, and can be seconded by any member; 17 7. is debatable if the type of motion it reconsiders is debatable; and 8. is not amendable and requires a majority vote to adopt. If the motion for reconsideration is adopted,the original motion is placed before Council as if that motion had not been voted on previously; and Council again takes that motion under discussion, followed by a new vote. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter, may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five days advance notice of such discussion and/or action. 18. Council Materials a. Council Material Councilmembers and staff should read the agenda material and ask clarifying questions of the City Manager or other appropriate staff prior to the Council meeting when possible. Council recognizes there are times when Councilmembers may wish to bring additional documentation to a meeting on a specific subject,whether that subject is on the agenda or not,in order to share with Council and staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Council meeting, or if distributed during a meeting, Councilmembers should indicate the materials are for future reading, since except in an emergency, Councilmembers would normally not take time at the dais to read material just received. Pre-scheduled materials Council wishes to share as part of the Council packet could also be included on study session agendas under"Council Comments." [See also page 9] b. Council Packets Councilmembers shall personally pick up their agenda packets from their individual inboxes provided at each Councilmember's desk, unless otherwise arranged by the Councilmember or further directed by Council. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise,the City Clerk will prepare a hard copy agenda packet for individual Councilmembers. c.Packet Materials Request for Council Action form (RCA): This is a cover sheet used by staff to introduce an agenda item. It includes the agenda item title, citing of governing legislation associated with the topic, previous Council action taken, and background on the topic. Options for Council consideration are also included, as well as a staff recommended action or motion. The options and recommended action or motion should be viewed as aids to Council in making a motion or taking action, but should not be thought of as obligatory, as Council always has the option of making a motion different from what is included on the form. Generally, by the time an item is ready for a motion, Council has already read,heard, and/or discussed the item at least three times (as an informational item, an administrative report, and lastly as an action item), and the wording of a motion would not normally be controversial, although it is important to state the motion as a motion, such as"I move to"or"I move that"or other similar language. 19. "Three Touch Principle" Decision makers and citizens at all levels of the City should have adequate time to thoroughly consider the issues prior to final decisions. It is the intent of the Council that the Council and administration shall abide by the "Three Touch Principle" whenever possible. These procedural guidelines are designed to avoid"surprises"to the City Council,citizens and administrative personnel. 18 Any request or proposal for adopting or changing public policy, ordinances, resolutions or City Council directives which will require a decision of the City Council, or administration, should "touch" the decision makers three separate times. This includes oral or written reports, "information only" agenda items, or any combination thereof. To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." It is recognized that unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstances arise which justify a "first discussion" decision, the persons requesting the expedited decision should also explain the timing circumstances. This principle excludes staff reports and other general communications not requiring a Council decision. 19 CHAPTER 2 Legislative Process 9 4111it 3 itrt .„ .., , '1 �1 J ti ..! j. 4' 4 ar }' ""a a i 9 s w;4' wiito. -IN *44' ... , • f, „wit, 4. -4,, _ ‘• , . .,.. , „..... ,, ii.... s 7,.........,_ _ . _,.., , __, 4, litiot. p iii 4 20 A. Election of Officers Procedures for electing officers are as follows: 1. Biennially, at the first meeting of the new Council, the members thereof shall choose a Presiding Officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.03019) 2. The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nominations. Each member of the City Council shall be permitted to nominate one person, and a nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. 3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. The City Clerk shall publicly announce the results of the election. Thereafter, the City Clerk shall record the individual Councilmember's votes in the minutes of the meeting. 4. In the event the Council is unable to agree on a Mayor by majority vote of members present, the office of Mayor shall be temporarily filled by an Acting Mayor. Ties shall be resolved in a contest by chance. The office of Acting Mayor shall be filled by the Councilmember who just previously served as Deputy Mayor, or if such person prefers not to serve as Mayor,the Councilmember with the next highest seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 20 until the members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate. B. Filling Council Vacancies If a vacancy occurs on the City Council, the Council will follow the procedures outlined in RCW 35A.13.02021 and Council's adopted procedure in compliance with RCW 35A.13.02022, which is included below. The timeline will vary depending on when the process begins. Pursuant to RCW 35A.13.020, City Council has within 90 days of the vacancy to appoint a qualified person to the vacant position. If this timeframe is not met, the City's authority in this matter would cease and the Spokane County Board of Commissioners would appoint a qualified person to fill the vacancy. Public comment will not be taken during this entire process. PROCEDURE FOR FILLING A COUNCIL VACANCY A. Timeline/Procedure: 1. Publication The City Clerk will publish the vacancy announcement inviting citizens of the City who are interested and qualified to sit as a Councilmember, to apply on an application form provided by the City. Qualifications to sit as a Councilmember are set forth in RCW 35A.13.020, which refers to RCW 35A.12.030. If possible,the vacancy announcement will be published for three consecutive weeks. 2. Deadline for the City Clerk to receive applications shall be no later than 4:00 p.m. 21 3. Special Meeting,Executive Session, set for . [RCW 42.30.110(1)(h)] 5:00 p.m. Council will meet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, Council will return to Council Chambers and the Special Meeting will be adjourned. Regular Meeting, same evening as above Special Meeting. [RCW 42.30.110(1)(h)] 6:00 p.m. Council will meet in open session and part of this agenda will include selection of applicants to interview. Selection will be by nomination and second. A vote will be taken and candidates receiving three or more votes will be interviewed. Immediately after this Council meeting or as soon as practicable,the Clerk will send a list of potential questions to all those to be interviewed. 4.Tuesday, . [RCW 42.30.110(1)(h)] The interviews will be conducted during an open Council meeting. Each interview will be a maximum of 30 minutes. 5. Special Meeting,Executive Session set for [RCW 42.30.110(1)(h)] 5:00 p.m. Council will meet and adjourn to executive session (closed session) to discuss applicants. After the discussion,the Special Meeting will be adjourned as usual. Regular Meeting, same evening as above Special Meeting [RCW 42.30.110(1)(h)] 6:00 p.m. Council will meet in open session and the last action item of that agenda will include a vote to fill the vacancy. Upon selection of the new Councilmember,that person will be sworn in by the City Clerk,and take their seat at the dias. B. Interview Questions/Process: 1. During the interview, each Councilmember may ask each candidate up to three questions. Follow- up questions are to be counted as one of the three questions. 2. Candidates will be interviewed in alphabetical order of last name. Questions for Candidates: Candidates should be prepared to answer any of the following questions, even though every question might not be asked of each candidate, and Council has the option of asking questions not included in this list of potential questions. Council has the option of asking follow-up questions up to a total of three questions per candidate. Follow-up questions are included as part of and not in addition to,the three maximum questions. Potential Council Applicant Interview Questions 1. What is a Councilmember's primary responsibility to the citizens of Spokane Valley? 2. What are the most important issues our City faces today? 3. Please explain your view of the most difficult aspect of being a Councilmember. 4. What do you think is the biggest challenge facing the City Council? 5. What are the three highest priorities the City needs to address and how do you propose to address these issues? 6. As a Councilmember, one of the most challenging issues we face is balancing the City budget. Keeping in mind that the majority of our revenue is from sales tax and property tax, how would you propose to strike a balance between revenues and expenses; and at what point,if at all,would you support additional revenues to maintain service levels? 7. Discuss your ideas on pavement preservation including solutions for long-term sustainability of our roads. 8. How can we determine what the citizens want for the future of Spokane Valley? 9. What do you envision the City of Spokane Valley will be like ten and twenty years from now? 22 10. All total, Councilmembers serve on approximately 20 different boards, committees, councils and task forces. Does your life style allow you to serve on outside committees and share these responsibilities?It could mean up to 10 hours per month in addition to your Council duties. 11. Do you plan to run and/or actively campaign for the November election for what will be a four- year term? 12. Have you attended City Council meetings in the past? 13. What did you discover from attending Council meetings? 14. Why do you want to be on the City Council? 15. Please explain your familiarity with and understanding of our City's form of government, including the difference between Council and staff responsibilities. 16. What do you hope to accomplish as a Councilmember and what do you offer the City? 17. If the majority of the Council took a position that you were against, how would you handle your response to the public and/or media? 18. As a Councilmember,what new or different perspective would you bring to the City Council? 19. Are you aware and knowledgeable about the Open Public Meeting Act? 20. Are you aware and knowledgeable about the Public Disclosure Act? C.Nomination and Voting Process: 1.NOMINATION PROCESS. Councilmembers may nominate an applicant to fill the vacancy. A second is required. If no second is received, that applicant shall not be considered further unless no applicant receives a second, in which case all applicants who were nominated may be considered again. Once the nominations are given,the Mayor will close the nominations and Council will proceed to vote. 2.VOTING PROCESS. a.A vote for an applicant shall be by voice or raised hand. b. The vacancy can only be filled when a majority of the City Council present affirmatively votes for the applicant, i.e. if five City Councilmembers are present, this would require at least three City Councilmembers voting for an applicant. If subsequent rounds of voting are needed, each round of voting follows the same process.The Mayor may ask for Council discussion between voting rounds. Round One Vote: The applicant receiving the majority of votes will be the new Councilmember. If no applicant receives a majority of votes from the City Council, then the three applicants receiving the most affirmative votes would be considered in a second round. Round Two Vote: Round Two proceeds the same as Round One. If one of the three applicants still fails to receive a majority of affirmative votes, then the two applicants of the three who received the most affirmative votes would then be considered in a third round; or if there are only two applicants and they receive tie votes, a third round will be taken. Councilmembers may, of course, change their vote between rounds. Round Three Vote: Round Three proceeds the same as Rounds One and Two. If after this round,the vote of the two applicants results in a tie, then the City Manager shall flip a coin to determine who shall fill the vacancy, with the applicant whose last name is closest to the letter A being assigned"heads" and the other person assigned "tails." In the rare circumstance where both applicants have the same last name, the applicant whose entire last name is closest to the letter A will be assigned"heads" and the other person assigned"tails." 23 D. Seating of New City Councilmember: 1. Once an applicant either has received a majority of votes or wins the coin flip,the City Clerk shall administer the oath of office, and the new Councilmember will be officially seated as a City Councilmember. C. Legislative Agenda Councilmembers work each year (or sometimes every two years) to draft a "legislative agenda" to address Council ideas, suggestions and specific legislative programs in terms of upcoming or pending legislative activity in Olympia that would or could have an effect on our City. Additionally, Councilmembers have the option of creating a similar legislative agenda to address concerns on a national level, which can be addressed during Council's participation in the annual National League of Cities Conferences held in Washington,D.C. D. Council Travel Provisions Council is allocated a budget to handle certain City business-related travel expenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year will be apportioned one-seventh (1/7) to each Councilmember. These monies may be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of City business. Periodic updated statements of expenditures will be provided to each Councilmember by the Finance Department. Should a Councilmember exhaust their apportionment of funds,that person will be responsible for payment of any travel and related expenses,or they may request a voluntary allocation from another Councilmember who has a balance in their travel apportionment. To be reimbursed for expenses incurred as part of City business, Councilmembers should timely submit detailed receipts with their reimbursement form. See the City Policy No. 300.110 for a list of unauthorized travel expenses. During the last six months of a Councilmember's current term of office, incurring City business-related travel expenditures requires the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or task forces. E. Ballot Issues: RCW 42.17A 555. State law has enacted statutory prohibitions (with limited exceptions) against the use of public facilities to support or oppose ballot propositions: "No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts,public hospital districts,library districts,park districts,port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose 24 district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view. (2)A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3)Activities which are part of the normal and regular conduct of the office or agency." Whenever any public or private entity asks to be placed on a Council meeting agenda in order to provide Council and the public with information about an upcoming or proposed ballot issue, levy, tax, or any other type of ballot measure, whether or not the entity seeks the Council's support for such measure,the following procedure shall be used to address these requests: 1. Any request shall be made in writing and submitted to the City Clerk at least 14 work days in advance of the desired Council meeting. 2. The request to Council shall be specific, including whether the request is to support or oppose a measure. The request shall also include a copy of the ballot title or measure and indicate which election date the measure is scheduled. 3. The City Clerk will submit the request to the City Manager and Mayor for final determination of whether to place it on a future agenda. The requestor will be notified of that outcome as soon as practical. 4. If a determination has been made that it is appropriate to come before Council concerning a ballot issue, the matter will be scheduled for a motion before Council as soon as practical. During discussion/presentation of that agenda item, other than handouts, presentation aids will not be permitted. If the presenter desires that each Councilmember have a copy of a handout or other material,those copies shall be provided by the presenter, as the City staff is precluded by state law from making copies of materials. 5. Those seeking to inform Council of upcoming ballot measures and not seeking an endorsement either for or against, shall not be permitted to speak at a Council meeting nor will the issue be placed on a future Council agenda. The requestor has the option of mailing materials to individual Councilmembers. Because even the use of e-mail for ballot purposes could be construed as use of public facilities and could be interpreted as being in violation of RCW 42.17A.555, materials should be sent via regular U.S. Postal Mail. 25 CHAPTER 3 Council Contacts di 1 ir itfroConta,t 11.411744 Ism. 40.0,..,:e4._ :Al ". :Li,.41 il,,b, w \14,14. 1,,, ,.. _ „ir „...,4 iv 1111141412.1 it fi,,,; ..., 'we tv irr .didlAtilii Fir 26 A. Citizen Contact/Interactions Outside of a Council Meeting 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government,the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff will work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding City business. This provision will not apply to invitations for mayoral comments at various functions, nor requests for appointments or other incidental contact between citizens and the office of the Mayor. 2. Concerns, Complaints and Suggestions to Council When citizen concerns, complaints or suggestions are brought to any, some, or all Councilmembers, the Mayor shall, in consultation with the City Manager, first determine whether the issue is legislative or administrative in nature and then: a. If legislative, and a concern or complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or resolution of the City, the Mayor and City Manager may refer the matter to a future Council agenda for Council's recommendation in forwarding the matter to a committee,administration, or to the Council for study and recommendation. b. If administrative, and a concern or complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Mayor should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3. Administrative Complaints Made Directly to Individual Councilmembers When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the City Manager shall not be required to divulge information he/she deems confidential,in conformity with applicable statutes,ordinances,regulations,policies or practices. Although citizens' direct access to elected officials is to be encouraged to help develop public policy,City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in the past. In that case,refer to the paragraph above. 4. Social Media Councilmembers shall not use social media as a mechanism for conducting official City business, although it is permissible to use social media to informally communicate with the public. Examples of what may not be communicated through the use of social media include making policy decisions, official public noticing, and discussing items of legal or fiscal significance that have not been released to the public. As with telephone and e-mails, communication between and among Councilmembers via social media could constitute a "meeting" under the Open Public Meetings Act, and for this reason, Councilmembers are strongly discouraged from"friending"other Councilmembers. 5.Donations On occasion, Councilmembers could be contacted by citizens or businesses regarding donations. The City has administrative procedures to receive donations, and Councilmembers should direct the donor to 27 contact the appropriate City staff. Councilmembers shall not accept nor physically receive any donation. Councilmembers shall always be cognizant of their ethical responsibilities when discussing donations with citizens, including but not limited to a responsibility to avoid conflicts of interest,the prohibition on creating a special privilege or exemption for themselves or others, and from disclosing confidential information of the City. Councilmembers should avoid circumstances which are likely to give rise to a perception of a conflict of interest or of providing or procuring a special privilege or exemption. B. Staff Contacts and Interactions 1. Role of the City Manager The City Manager is the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the City Manager are defined by Washington law RCW 35A.13.08023. Such duties may be expanded by Ordinance or Resolution. Balanced with the City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform legally defined duties and responsibilities without interference by the City Council in the day-to-day management decisions of the City Manager. 2. City Staff Attendance at Meetings The City Manager or his/her designee shall attend all meetings of the City Council,unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit; keep the Council fully advised as to the business of the City; and shall take part in the Council's discussion on all matters concerning the welfare of the City. (RCW 35A.13.08024) It is Council's intent that the City Manager schedule adequate administrative support during Council meetings for the business at hand,keeping in mind that the City Manager must also protect the productive capability of department heads and of all staff. Required attendance at meetings by City staff shall be at the pleasure of the City Manager. 3. City Clerk-Minutes The City Clerk, or in the Clerk's absence the Deputy City Clerk, shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In the absence of the City Clerk and the Deputy City Clerk,the City Clerk shall appoint a replacement to act as Clerk during the Council meeting. The Clerk shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or agreement reached, if any. When practical, and with the exception of executive sessions, the City Clerk shall audio and/or video record the proceedings of all City Council meetings. Access to the recordings shall be made reasonably available to any party who so requests,according to City public disclosure procedures. Original, signed and approved minutes shall be kept on file in the City Clerk's office and archived according to State Record Retention Schedules. Copies of the approved minutes shall also be posted on the City's website as soon as practical after such minutes are approved and signed. When and if practical, video recordings of Council meetings shall also be housed on the City's website. 4. Administrative Interference by Councilmembers Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except 28 for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any directives,tasks, or orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.12025.) 5. Informal Communications Encouraged The above RCW requirement is not to be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff. While maintaining open lines of communication, City staff responding to information requests from Councilmembers will inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. 29 CHAPTER 4 HEARINGS • 4 F II A- 30 A. General Public Hearings 1. Purpose Legislative public hearings are hearings held to obtain public input on legislative decisions on matters of policy. Legislative public hearings are required by state law when a city or county addresses matters such as comprehensive land use plans, or the annual budget. They are generally less formal than quasi-judicial public hearings. They do not involve the legal rights of specific,private parties in a contested setting,but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second-guessed by the courts; if challenged, they are reviewed only to determine if they are constitutional or violate state law. For example, a court will not review whether the basic budgetary decisions made by a city were correctly made. 2. Legislative Public Hearings a. State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal,the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual comments if many people are intending to speak,and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing may be stated by the Presiding Officer at the beginning of the hearing: 1. All public comments shall be made from the speaker's podium, shall be directed to the Mayor and Council,and any individual making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. 2. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 3. Unless otherwise determined by the Presiding Officer, all comments by the public shall be limited to three minutes per speaker. 4. There will be no demonstrations,applause or other audience participation,before,during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. 5. Unless read and/or handed in by the individual speaker during the public hearing, previously received written public comments will be read by the City Clerk at the pleasure of the Mayor. In the interest of time, the Mayor may limit the reading of such comments, to the Clerk reading whom the letter or written material is from, and if easily discernible,whether that person is for or against the issue at hand. All written comments become an official part of the record. 6. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. b. The Presiding officer declares the public hearing on (topic) open,notes the time for such opening, and asks staff to make their presentation. c.After staff presentations,the Presiding Officer calls for public comments. d. The Presiding Officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions,the appropriate individual will be recalled to the podium. e. The Presiding Officer declares the public hearing closed and notes the time for such closing. 31 B. Quasi-Judicial Hearings 1. Purpose Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the "record" developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig, MRSC Legal Consultant August 1998) 2. Specific Statutory Provisions a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, per RCW 42.36.04026, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b. Ex parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1)places on the record the substance of such oral or written communications; and (2) provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.06027) c. Public Disclosure File. The City Clerk shall maintain a public disclosure file,which shall be available for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms filed with the Washington State Public Disclosure Commission. d. Procedure On Application. Any person making application for any action leading to a quasi-judicial hearing before the Planning Commission and/or City Council shall be provided with a document containing the following information: (1)the names and address of all members of the City Council, and the Planning Commission, (2) a statement that public disclosure information is available for public inspection regarding all such Councilmembers, and (3) a statement that if the applicant intends to raise any appearance of fairness issue,the applicant should do so at least two weeks prior to any public hearing, if the grounds for such issue are then known and in all cases, no later than before the opening of the public hearing. The applicant shall sign a receipt for such document. 3. Actions/Procedures for a Quasi-Judicial Public Hearing See the following excerpt from the Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures: Appendix C CITY COUNCIL APPEAL HEARING PROCEDURES A. The Council shall not consider any new facts or evidence outside the verbatim transcript and certified record submitted by the Hearing Examiner,except for: 1. Grounds for disqualification of the Hearing Examiner, when such grounds were unknown by the appellant at the time the record was created;or 2.Matters that were improperly excluded from the record after being offered by a party to the hearing before the Hearing Examiner; or 3.Matters that were outside the jurisdiction of the Hearing Examiner. 32 The Council shall allow the record to be supplemented if the offering party demonstrates grounds for supplementation as set forth in subsections(A)(1),(2)or(3)of this appendix. a. Any party requesting that the record be supplemented shall submit such request, along with the specific evidence to be offered to the Council, within 14 calendar days of the date the appeal hearing was scheduled. b. The Council may require or permit the correction of ministerial errors or inadvertent omissions in the preparation of the record. c. The Council will allow the submittal of memoranda by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: i. The appellant may file a memorandum in support of the appeal. The memorandum must be filed no later than 12:00 noon on the third Friday preceding the date set by the Council for consideration of the appeal. ii. Any party of record in opposition to the appeal may submit a reply memorandum in opposition to the appeal. Any reply memorandum must be filed no later than 12:00 noon on the second Friday preceding the date set for consideration of the appeal. iii. All memoranda shall be limited to stating why the record or applicable laws or regulations do or do not support the decision, and shall not contain any new facts or evidence, or discuss matters outside the record,except as permitted above. iv. The offering party shall promptly submit a copy of the memorandum or request to supplement the record to the City Attorney, and to opposing parties as practicable. B. The Council will allow oral argument by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: 1. It is expected that all parties can reasonably be aligned as either in support of the appeal or opposed to the appeal. Accordingly, all parties who desire to make oral argument shall communicate with other parties aligned on the same side of the appeal and attempt to reach agreement in selecting a representative, or otherwise arrange for the allocation of time allowed under these rules to those in support of or those opposed to the appeal. 2. Oral argument shall be presented first by the appellant, followed by those parties of record in opposition to the appeal, and then rebuttal and surrebuttal. 3. Oral argument shall be limited to stating why the record or applicable laws or regulations do not support the decision, and shall not contain any new facts or evidence unless allowed by subsection A of this appendix. 4. Oral argument shall be limited to 20 minutes total for the appellant, and 20 minutes total for those parties in opposition to the appeal,regardless of how many parties make up each side. 5. The respective times allowed for oral argument above include the combined time used by a side for opening argument, rebuttal and surrebuttal. The time taken to respond to questions from the Council is not included in the time allowed for argument. C. The Council may affirm or reverse the Hearing Examiner's decision, or remand it for further proceedings. The Hearing Examiner's decision will be presumed to be correct and supported by the record and law. A tie vote on any motion shall have the effect of affirming the Hearing Examiner's decision. D. The Council may reverse the Hearing Examiner's decision, or remand it for further proceedings, if the appellant has carried the burden of establishing that one or more of the following standards are met: 1. The Hearing Examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless; 2. The decision is an erroneous interpretation of the law, after allowing for such deference as is due to construction of law by a local jurisdiction with expertise; 3. The decision is not supported by evidence that is substantial when viewed in light of the entire record; 4. The decision is a clearly erroneous application of the law to the facts; 5. The decision is outside the authority of the Hearing Examiner. 33 E. The Council may also remand the decision to the Hearing Examiner if the appellant offers newly discovered evidence that would reasonably have affected the decision had it been admitted in the proceedings before the Hearing Examiner. "Newly discovered evidence"is evidence that with reasonable diligence could not have been discovered and produced at the time the proceedings before the Hearing Examiner were conducted. F. The Council shall adopt written findings and conclusion in support of its decision. If the Council concludes that a finding of fact by the Hearing Examiner, upon which the decision is based, is not supported by substantial evidence, the Council may modify the finding or substitute its own finding, citing substantial evidence in the record that supports the modified or substitute finding. In the event of a tie vote on the proposed findings of fact, that vote shall be considered a final action, the findings shall reflect the same, and the decision of the Hearing Examiner shall be affirmed. G. The Council's decision shall include a notice stating that the decision can be appealed within 21 calendar days from the date the decision was issued,by filing a land use petition with the Superior Court as provided in Chapter 36.70C RCW 28and meeting the other provisions of such chapter, and that the decision shall act as official notice under RCW 43.21C.07529. H. The notice included in the Council's decision shall also state that affected property owners may request the Spokane County Assessor for a change in valuation for property tax purposes notwithstanding any program of revaluation,pursuant to RCW 36.70B.13030 I. The City Clerk shall,within five business days from the date of the Council's decision on the appeal, mail a copy of the Council's decision to the appellant, the applicant (if different than the appellant), any other party who testified or submitted a memorandum at the closed record appeal hearing before the Council, any person who requested notice of the decision, and any person who submitted substantive comments on the application. The City Clerk shall also provide notice of the decision to the County Assessor. J. Where the Hearing Examiner's decision recommends approval of the proposal and no appeal has been filed within the time period set forth above, the City Manager or designee shall modify the official zoning map of the City according to the Hearing Examiner's decision. The modification of the zoning map completes the Hearing Examiner's decision and shall be considered the final legislative action of the City Council. Such final action, for zoning purposes, is considered an official control of the City by exercise of its zoning and planning authority pursuant to Washington law. (Ord. 08-022,2008). 4. Appearance of Fairness Doctrine a. "The test of whether the Appearance of Fairness Doctrine has been violated is ... as follows: Would a disinterested person,having been apprised of the totality of a board member's personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist? If answered in the affirmative, such deliberations, and any course of conduct reached thereon, should be voided." Swift vs. Island County, 87 Wn.2d 348 (1976); Smith vs. Skagit County, 75 Wn.2d 715 (1969). b. Types of Hearings to Which the Doctrine Applies. The Appearance of Fairness Doctrine shall apply only to those actions of the Council which are quasi-judicial in nature. Quasi-judicial actions are defined as actions of the City Council which determine the legal rights,duties,or privileges of specific parties in a hearing or other contested proceeding. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide (versus site-specific) significance (RCW 42.36.01031). Street vacations are typically legislative actions, unless clearly tied to, and integrated into, a site-specific development proposal which is quasi-judicial in nature. c. Obligations of Councilmembers-Procedure. 1. Immediate self-disclosure of interests that may appear to constitute a conflict of interest is hereby encouraged. Councilmembers should recognize that the Appearance of Fairness Doctrine does not require establishment of a conflict of interest,but whether there is an appearance of conflict of interest 34 to the average person. This may involve the Councilmember or a Councilmember's business associate, or a member of the Councilmember's immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents or opponents before or after the hearing, business dealings of the Councilmember's employer with the proponents or opponents, announced predisposition, and the like. Prior to any quasi-judicial hearing, each Councilmember should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If the answer is in the affirmative, no matter how remote,the Councilmember should disclose such facts to the City Manager who will seek the opinion of the City Attorney as to whether a potential violation of the Appearance of Fairness Doctrine exists. The City Manager shall communicate such opinion to the Councilmember and to the Presiding Officer. 2. Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis for disqualification is made known, or reasonably should have been made known, prior to the issuance of the decision. Upon failure to do so, the doctrine may not be relied upon to invalidate the decision consistent with state law. The party seeking to disqualify the Councilmember shall state with specificity the basis for disqualification; for example: demonstrated bias or prejudice for or against a party to the proceedings, a monetary interest in outcome of the proceedings, prejudgment of the issue prior to hearing the facts on the record, or ex parte contact. Should such challenge be made prior to the hearing, the City Manager shall direct the City Attorney to interview the Councilmember and render an opinion as to the likelihood that an Appearance of Fairness Doctrine violation would be sustained in Superior Court. Should such challenge be made in the course of a quasi-judicial hearing, the Councilmember shall either recuse him/herself or the Presiding Officer shall call a recess to permit the City Attorney to make such interview and render such opinion. 3. The Presiding Officer shall have authority to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness Doctrine violation. Further, if two or more Councilmembers believe that an Appearance of Fairness Doctrine violation exists, such individuals may move to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness Doctrine violation. In arriving at this decision, the Presiding Officer or other Councilmembers shall give due regard to the opinion of the City Attorney. d. When Council conducts a hearing to which the Appearance of Fairness Doctrine applies,the Presiding Officer (or in the case of a potential violation by that individual, the Mayor Pro Tem) will ask if any Councilmember knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Councilmembers should now 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 monetary interest in the outcome of the proceedings; 3. A prejudgment of the issue prior to hearing the facts on the record; or 4. Had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Councilmember should answer in the affirmative, then the Councilmembers should state the reason for his/her answer at this time, so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. 35 CHAPTER 5 COMMITTEES, BOARDS, COMMISSIONS 11‘41111 L dk 4 Ili IIIII‘ \ IP '11, • . 4 r P -14.- 4,,... _ , . _ . 36 A. Regional Committees, Boards, etc. 1. Committees Spokane Valley Councilmembers and/or residents who seek representation on any standing committee, board, or commission required by state law, shall be appointed by the Mayor with confirmation by the Council. a. Appointment Process: Any committee, board, commission, task force, etc., requiring Mayoral appointment of committee members, shall also require confirmation by the Council, which shall be by majority vote of those present at the time the confirmation vote takes place. By majority vote, Council can reject the appointment. If Council fails to confirm the recommended appointment, the Mayor could either make another recommendation, or the appointment may be postponed to a later date, giving City staff opportunity to further advertise for committee openings. 2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies Councilmembers are encouraged to share with all Council members,copies of minutes from any statutory boards, commissions, or committees on which they serve and participate. Communications from such boards, commissions and bodies to the City Council which seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Council may also bring such communication to the Presiding Officer's attention under the agenda item "Committee, Board and Liaison Reports." If any member of the Council requests that any such communication be officially answered by the Council, the Presiding Officer may place the matter on an agenda under New Business, Information, Council Comments (study session format), or other appropriate place, for a specific Council meeting,or take other appropriate action. Councilmember(s) may be designated by the City Council to take the lead on particular significant issues and to provide appropriate feedback of information to Council, in order to gain corporate approval and coordination of corporate efforts. No Councilmember may speak for the Council unless Council has designated that person as the lead on that particular issue. B. In-House Committees, Boards, etc. 1. Standing committees or commissions required by law shall be appointed by the Mayor for a time certain not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council. Following are established in-house committees: a. Planning Commission -- 7 members. "SVMC 18.10.010 Establishment and purpose. There is created the City of Spokane Valley Planning Commission (hereafter referred to as the "Planning Commission"). The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's Comprehensive Land Use Plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. (Ord. 07-015 § 4,2007). 18.10.020 Membership. A. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training,experience or interest in the City. B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning commissioners shall be selected without respect to political affiliations and shall serve without 37 compensation. The Mayor,when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City. Terms shall be for a three-year period, and shall expire on the 31st day of December." b. Lodging Tax Advisory Committee -- 5 members. "SVMC 3.20.040 Lodging tax advisory committee. The City Council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The City shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council. Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the nominees. Nominations shall state the term of committee membership. Appointments shall be for one-and two-year terms. (Ord. 27 §4,2003)." c. Finance Committee-- 3 members. "SVMC 2.50.120(a) and (b)Establishing travel policies and procedures. a. The responsibility and authority for developing, adopting, modifying and monitoring the travel policies and procedures for reimbursement of expenses incurred while on official business of the City of Spokane Valley is delegated to the City Council Finance Committee. It is recognized by the City Council that public officials and employees will periodically be required to travel and incur related expenses on behalf of the City. The purpose of the travel policies and procedures is to provide criteria for payment and/or reimbursement of valid expenses. The Council directs that the Finance Committee consider the following in the development of travel policies and procedures: (A).Reimbursement for transportation costs when using personal automobiles including rates to be established on a mileage or other reasonable basis and for airfare or other mode of travel; (B). Reimbursement for hotel/motel accommodations; (C). Reimbursement for meals either at actual cost including a per meal maximum amount or a per diem allocation; (D).Reimbursement for incidental expenses such as parking, taxis, buses, rental cars,etc.;and(E). Such other matters that are reasonably related to travel. b. The finance department, under the supervision of the Finance Committee, is directed to develop a fully itemized travel expense form which shall be used to administer the City travel policy and account for expenditures and reimbursement of officials or employees. Claims for reimbursement must be accompanied by receipts showing the amount paid and items/services received unless otherwise provided in the policies and procedures. All claims for reimbursement shall be duly certified by the individual submitting such claim on a form approved by the Finance Director in compliance with state regulations and guidelines established by the State Auditor. For administrative staff, the City Manager or designee shall approve expenses and reimbursement. The City Council shall approve, through budget allocation, travel expenses and reimbursement for Council members. The Council reserves the right to review the travel policies and procedures of the City including modifying and amending the same from time to time. (Ord.29 § 1,2003)." The Finance Committee shall have no regularly prescribed duties or meetings except the bills/payroll and warrant procedures required by state law,unless specifically charged by the City 38 Council. The City Manager may also request meetings to discuss matters of financial interest with the Finance Committee. SVMC 3.35.010(D) Contract Authority The Finance Committee of the City Council is authorized to approve change orders on short notice that are in excess of the amounts authorized in subsection C of this section, in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event,the city manager shall provide appropriate information to the City Council at its next regular meeting setting forth the factual basis for the action. (Ord. 07-004 §2, 2007; Ord. 03-072§ 2,2003.). 2. When required by law, committee meetings should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre-study. 3. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of "sunsetting" the committee at the conclusion of the assigned task. As with all committee vacancies, ads announcing a vacancy or soliciting membership or participation in a task force or other committee will be placed on the City's website, and in the City's official newspaper. 4. Council Liaison. Appointments shall be by the Mayor and confirmed by the Council for a time certain not to exceed the term of the appointing Mayor. Individual members of the Council may be assigned as liaisons whose duties involve keeping current with a group or activity by either attendance when the group or activity takes place, or communication with appropriate leaders so the liaison Councilmember can keep Council informed. Liaisons may, at times, advocate Council actions on behalf of their assigned group or activity. Extreme care must be taken to avoid an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with agencies or circumstances where such possibilities may exist (i.e.: Planning Commission quasi-judicial). Liaison functions and duties may be further defined and/or directed by the Presiding Officer with concurrence of Council. 5. Task Force. The City Council may create, and confirm the Mayor's recommendation to appoint members to small task force groups. A task force is a temporary group formed and "tasked" by legislative authority to study a specific subject for a specified period of time. 6. After consultation with the City Manager, any other Council committees, citizen task forces or similar organized groups shall have rules or operating procedures thereof established by Council directive with special attention to RCW 35A.13.12032. Such committees shall be commissioned for a time certain, not to exceed two years or the term of the appointing Mayor, whichever is less and be provided with a clear task description. Appointment shall be by the Mayor. Council may waive confirmation in the instrument creating said committee or group. Such committees shall be subject to review whenever a new Council is seated following elections, so as to determine whether the committee and its functions continue to be appropriate and necessary. Members of any committee,board or commission which have been appointed or confirmed by the Council, may be removed without cause by a majority vote of the Council. No advisory board,commission, committee or task force shall take any final action outside of an open public meeting unless permitted to do so per state statutes, and when permitted by state statutes, no final action shall be taken without the foreknowledge and approval of majority vote of the Council. 39 C. Private Committees, Boards, Commissions The Council recognizes there are various other private boards and committees, such as Spokane Neighborhood Action Partners (SNAP), which appointments are made by their own board. These boards and committees which do not require an appointment by our Mayor, with confirmation by our Council, are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of these committees and/or boards. As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. 40 CHAPTER 6 Disclaimer DISC [ ii ie A. Purpose These City Council Rules of Procedure are designed to provide guidance for the City Council. They are not to be considered restrictions or expansions of City Council authority. These rules have been prepared from review of many statutes, ordinances, court cases and other sources but they are not intended to be an amendment or substitute for those statutes, ordinances, court decisions or other authority. B. Use No action taken by a Councilmember or by the Council which is not in compliance with these rules, but which is otherwise lawful, shall invalidate such Councilmember's or Council action or be deemed a violation of oath of office,misfeasance or malfeasance. No authority other than the City Council may enforce these rules or rely on these rules. Failure of the City Council to follow any of these rules shall be considered a Council decision to waive such rule. No notice of such waiver need be given. C. Reliance Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council and not to provide substantive rules affecting constituents, it is expressly stated that these rules do not constitute land use regulations, official controls, "appearance of fairness rules," public hearing rules, or other substantive rules binding upon or to be used by or relied upon by members of the public. These rules do not amend statutory or other regulatory (such as ordinance) requirements. 41 Appendix A: Definitions Action: All transactions of a governing body's business, including receipt of public testimony, deliberations, discussions, considerations, reviews, and evaluations, as well as "final" action. [RCW 42.30.01033, 42.30.020(3)34] Codified: The process of forming a legal code (i.e., a codex or book of laws) by collecting and including the laws of a jurisdiction or municipality. Consensus: A collective judgment or belief; solidarity of opinion: "The consensus of the group was that they should meet twice a month. General agreement or harmony. [Random House Webster's College Dictionary, April 2001] [Wikipedia: explains it as a group decision making process; not necessarily the agreement. In other words, the question to the group is: "Is this something you can live with?" or, Does anyone object?] It is not unanimity,but more a process for deciding what is best overall. Members of the group reach a decision to which they consent because they know it is the best one overall. It differs from voting which is a procedure for tallying preferences. Sometimes knowing there will be an up-down vote at the end often polarizes the discussion. It does not require each member of the group to justify their feelings. [Taken from: Consensus Is Not Unanimity: Making Decisions Cooperatively, by Randy Schutt..'7 Similar to a verbal "show of hands" on who feels particularly strong on this?" Sometimes thought of as preliminary approval without taking final "action." A show of hands is not an action that has any legal effect. [See"Voting and Taking Action in Closed Sessions"by Frayda Bulestein.] Ex-parte: from a one-sided or partisan point of view; on the application of one party alone. An ex-parte judicial proceeding is conducted for the benefit of only one party. Ex-parte may also describe contact with a person represented by an attorney,outside the presence of the attorney. Motion: An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing state or federal statutes, City ordinances or resolutions. Ordinance: An enacted ordinance is a law passed [enacted] by a municipal organization legislatively prescribing specific rules of organization or conduct relating to the corporate affairs of the municipality and those citizens and businesses therein. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. Special ordinances such as adopting the budget, vacating a street, amending the Comprehensive Plan and/or Map, and placing a matter on an election ballot,including general obligation bonds,are not codified into the City's municipal code. Resolution: An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. Regular Meeting: Any Council meeting that meets in the Spokane Valley City Council Chambers on Tuesday at 6:00 p.m. shall be deemed a"regular meeting." Social Media: A term used to define the various activities that integrate technology, social interaction and content creation. Through social media, individuals or collaborations of individuals create on-line web content, organize content, edit or comment on content, combine content, and share content. Social media uses many technologies and forms including syndicated web feeds, weblogs (blogs), wild, photo- sharing, video-sharing,podcasts, and social networking. (From MRSC, and Social Media and Web2.0 in Government,WebContent.gov) 42 Appendix B: Frequently Used Acronyms AACE -American Association of Code Enforcement ADA-Americans with Disabilities Act ADT -Average Daily Traffic ATF -Bureau of Alcohol,Tobacco&Firearms AWC -Association of Washington Cities BOCC-Board of County Commissioners CAFR-Comprehensive Annual Financial Report CDBG-Community Development Block Grant CIP -Capital Improvement Plan CM-City Manager CM/AQ - Congestion Mitigation&Air Quality Program CTED -Community,Trade,&Economic Development(now Department of Commerce) CTR-Commute Trip Reduction(legislation) CUP -Conditional Use Permit DEIS -Draft Environmental Impact Statement DEM-Department of Emergency Management DNR-Department of Natural Resources DNS-Declaration of Non-Significance DOE-Department of Ecology;Department of Energy DOT-Department of Transportation E911 -Enhanced 911 EA-Environment Assessment EDC -Economic Development Council EEO/AA-Equal Employment Opportunity/Affirmative Action EEOC -Equal Employment Opportunity Commission EIS -Environmental Impact Statement EOE-Equal Opportunity Employer EPA-Environmental Protection Agency ERU-Equivalent Residential Unit(for measuring water-sewer capacity and demand) ESU-Equivalent Service Unit(for measuring stormwater utility fees) F &WS-Federal Fish&Wildlife Service FAA-Federal Aviation Administration FCC-Federal Communications Commission 43 FEIS-Final Environmental Impact Statement FEMA-Federal Emergency Management Agency FICA-Federal Insurance Contribution Act FIRM-Flood Insurance Rate Maps FLSA-Fair Labor Standards Act FMLA-Family Medical Leave Act FY-Fiscal Year GAAP -Generally Accepted Accounting Principles GASB-Governmental Accounting Standards Board GIS -Geographic Information System GMA-Growth Management Act GPM- Gallons Per Minute HOV-High-Occupancy Vehicle HR-Human Resources HUD-Housing&Urban Development(Department of) ICMA-International City/County Management Association L&I-Labor&Industries(Department of) LID -Local Improvement District MGD-Million Gallons per Day MOA-Memorandum of Agreement MOU-Memorandum of Understanding MPO-Metropolitan Planning Organization MRSC -Municipal Research Services Center NEPA-National Environment Policy Act NIMBY-Not In My Backyard NPDES -National Pollutant Discharge Elimination System PE-Preliminary Engineering; Professional Engineer PERC -Public Employment Relations Commission PMS-Pavement Management System PPE-Personal Protective Equipment PPM-Parts Per Million; Policy&Procedure Manual PUD -Public Utility District PW-Public Works QA-Quality Assurance RCW-Revised Code of Washington 44 REET-Real Estate Excise Tax RONR Robert's Rules of Order Newly Revised ROW-Right of Way SAO- State Auditor's Office SBA- Small Business Administration SEPA- State Environmental Policy Act SMA-Shorelines Management Act SWAC - Solid Waste Advisory Committee TIB-Transportation Improvement Board TIP -Transportation Improvement Program TMDL-Total Maximum Daily Load UBC -Uniform Building Code UFC-Uniform Fire Code UGA-Urban Growth Area WAC -Washington Administrative Code WACO-Washington Association of County Officials WCIA-Washington Cities Insurance Authority WCMA-Washington City/County Management Association WSDOT-Washington State Department of Transportation WSP -Washington State Patrol WUTC -Washington Utilities&Transportation Commission WWTP -Wastewater Treatment Plant 45 APPENDIX C: Optional Committee Report Form Meeting Date: Committee: Councilmember's Committee Standing: (board member,liaison,etc): 1.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: 2.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: 3.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: 46 APPENDIX D: RESOLUTION 07-019 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.07-019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE,RESPONSIVE,AND OPEN GOVERNMENT WHEREAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged with promulgating Ordinances and Resolutions which become the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and state statutes and regulations; and WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifying Resolution 03-027 as set forth below by adding new section 7. The remainder of the resolution 03-027 is unchanged: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.02035 Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. 47 Section 5. We believe that the City of Spokane Valley's governance should be known as "user friendly," and that governance practices and general operations should consider how citizens will be served in the most responsive,effective and courteous manner. Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base, Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d) Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council,the staff,or the public. (e) Accepting the principle of majority rule and working to advance the success of "corporate"decisions. Section 8. We solicit the City Manager's support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective,responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing"best practices"in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. Approved by the City Council this 11th day of December,2007. ATTEST: /s/DIANA WILHITE Diana Wilhite,Mayor /s/CHRISTINE BAINBRIDGE Christine Bainbridge, City Clerk Approved as to form: /S/MICHAEL F. CONNELLY Office of the City Attorney 48 APPENDIX E: STATEMENT OF ETHICS SPOKANE VALLEY CITY COUNCILMEMBERS' STATEMENT OF ETHICS By adoption of the Resolution which adopts this Governance Manual,the Spokane Valley City Councilmembers hereby agree to be bound by the following rules of ethics: DECLARATION OF PURPOSE: • Provide guidelines and set high ethical standards for Councilmembers to perform their duties in an open, honest,and unbiased manner. • Establish procedures for prevention and/or elimination of possible conflicts of interest. • Improve and strengthen the public's perception and trust in their local government. DEFINITIONS: Compensation: Anything of economic value regardless of amount, however designated, which is paid, loaned, advanced, granted, transferred, or gifted, or to be paid, loaned, advanced, granted, transferred or gifted for or in consideration of personal services to any person or that person's immediate family as that term is defined in RCW 42.17A.005(24)36 Contract: Includes any contract or agreement, sale, lease, purchase, or any combination of the foregoing. A contracting party is any person, partnership, association, cooperative, corporation, whether for profit or otherwise,or other business entity which is a party to a contract with a municipality. PROHIBITED CONDUCT: (a) Acceptance of Gifts: No Councilmember, based solely on their position with the City of Spokane Valley, shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value regardless of the amount, as a gift, gratuity, or favor from any person or entity outside the City organization. Campaign donations made and reported in conformance with Washington law are exempt from this provision. (b) Interest in Contracts, Exceptions: No Councilmember shall be beneficially interested, directly or indirectly, in any contract where the City of Spokane Valley is named as a party to the contract; and no Councilmember shall accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract. This prohibition shall not apply to the exceptions specified in RCW 42.23.030 37 which are incorporated herein as if fully set forth. (c) Incompatible Service; Confidential Information: No Councilmember shall engage in or accept private employment or render services for any person, or engage in any business or professional activity when such is incompatible with the faithful discharge of his/her official duties as a Councilmember.No Councilmember shall disclose confidential information acquired by reason of such official position, nor shall such information be used for the Councilmember's personal gain or benefit. PERSONAL OR PRIVATE INTERESTS,PUBLIC DISCLOSURE: Any Councilmember who has a financial or other private or personal interest in any ordinance, resolution, contract,proceeding,or other action pending before the City Council or any of its committees, shall promptly disclose such interest at the first public meeting when such matter is being considered by the City Council, and a summary of the nature of such interest shall be incorporated into the official minutes of the City Council proceedings. Any Councilmember who feels disqualified by reason of such interest in any matter before the City Council, shall make a public statement and disclose the reasons why that Councilmember feels disqualified, and state that they are recusing themselves from the issue, and with permission of the Presiding Officer, will leave the Council Chambers until such time as the issue at hand has been disposed of in the regular course of business. 49 APPENDIX F: INDEX 9 E 9:00 p.m•8 Election of Officers•21 emergency 6,11,13,14,18 Emergency•13,43,44 A emergency ordinance•14 excuse•6,10,12,35 absence•5,6,10,12,28 excused•12,28 Adjournment•8,13 Executive Session•8,10 Advance Agenda•12 Executive Sessions•2,5,10,11 agenda•6,7,8,9,10,11,12,13,14,15,17,18,19,24,27, Ex-Parte communications•32 37 amend•16,41 amended •6,14,15,16 F amended agenda•6,9 Appearance of Fairness Doctrine•34,35,39 Filling Council Vacancies•2,21 appointment•10,28,37,40 finance•38 Approaching the Dais•14 Finance•24,38 Attendance•11,12,28 Formal Format•2,6 Forms of Address•6,10 B H ballot•7,21,24,25,42 board •6,34,37,39,40,46 hearing•7,18,31,32,33,34,35,40,41 budget•14,24,31,38,42 Hearing•32 budget amendment•14 hearing examiner•32,33,34 C I Citizen Contact•27 Interference•28 City Clerk•6,7,8,9,11,12,14,17,18,21,28,31,32 City Manager•6,7,8,9,10,12,13,14,15,17,18,27,28,35, 39,43 L Comments 7,8,9,10,14 Complaints•27 last six months•24 conflict of interest•14,34,39 Legislative Agenda•24 Consensus•42 Lodging Tax Advisory Committee•38 contract•49 CONTRACT•49 Contract Authority•39 Correspondence•2,27 Council liaison•39 Council Packets•18 material•6,9,18,31 minutes•7,11,12,13,15,21,28,31,33,37,49 Motion•10,42 p Motions•14 dais 8,14,18 N demonstrations•7,31 Deputy Mayor•5,6,12,21 display materials 7 National League of Cities•24 donation•28 new item 6 donations•27,49 Non action 9,12 50 O respect•13,37 Roll Call•6,10 Open Public Meetings Act•5 opinion•35,42 opinions•7,32 ordinance•13,14,17,27,41,42,49 Ordinances 17,19,42 Seating Arrangement•13 show of hands•42 social media•27,42 P Social Media•2,27,42 SPECIAL MEETINGS•11 Study Session Format•2,8 parliamentarian•12 surprise•9,12 Parliamentary Procedure•2,16 Photographs•14 Planning Commission•32,37,39 podium•14,31 point of order•13 posterboards•7 Table•16 PowerPoints•6,9 Task Force 6,39 Pre Agenda 2,12 three 6,7,8,11,12,19,31,38 presentations•6,7,9,31 three Councilmembers•6 Presiding Officer•2,5,6,7,8,9,10,12,13,14,15,17,21, three touch principle 17 28,31,35,37,39 Three Touch Principle•18,19 Public Disclosure•32 Time 5,31 Travel Provisions•24 Q U qualifications•10 Quasi-Judicial•3,32 Unfinished 8 Quorum•12 V R vacancy•21,22,23,39 Reconsideration•2,17 Voting 2,9,12,14 recuse•14,35 recusing•49 regular meetings•5,12 w reintroduced•15 Reports•6,8,37 withdraw•15,16 Request for Council Action form(RCA)•18 written findings•34 Resolutions•17,19,42 Written Public Comments•7 51 Endnotes: 'RCW 42.30.110—Open Public Meeting Act,Executive Sessions 2 RCW 42.30.140-Open Public Meeting Act, 3 RCW 35A.13.035-Optional Municipal Code(35A)—Council-manager plan of government 4 RCW 42.52—Ethics in Public Service 5 RCW 42.56—Public Records Act 6 RCW 35A.12.160 Optional Municipal Code (35A)—Council manager plan of government; public notice of hearings and meeting agendas 7 RCW 42.32.030—Minutes shall be open to public inspection. 8 RCW 35A.13.170 — Optional Municipal Code (35A) — Council manager plan of government; council meetings — quorum,rules-voting 9 RCW 35A.12.110—Council meetings,shall meet regularly,at least once a month. 1°RCW 35A.12.110—ibid. 11 RCW 42.30.080-Open Public Meetings Act,Special Meetings,procedures for calling Special Meetings 12 RCW 42.30.090—Open Public Meetings Act,Adjournments 13 RCW 35A.13.170 - Optional Municipal Code (35A) — Council manager plan of government; council meetings — quorum,rules-voting 1435A.12.120—Council meetings,shall meet regularly,at least once a month 15 RCW 35A.12.060 —A council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council. 16 RCW 35A.13.030—Mayor—election—chair to be mayor—duties: Biennially at the first meeting of the new council members shall choose a chair from among their number;the chair shall have the title of mayor and preside at meetings.. 17 RCW 35A.13.190—Ordinances,emergencies,may be effective upon adoption if passed by a majority plus one of the whole membership of the council and have the ordinance designated as a public emergency;but such ordinance may not levy taxes,grant,renew or extend a franchise,or authorize the borrowing of money. 18 RCW 35A.13 -Council-manager plan of government. 19 RCW 35A.13.030-Mayor—election—chair to be mayor—duties: Biennially at the first meeting of the new council members shall choose a chair from among their number;the chair shall have the title of mayor and preside at meetings.. 20 RCW 35A.13—Council-manager plan of government. 21 RCW 35A.13.020—Mayor—election,chair to be mayor,duties 22 RCW 35A.13.020—ibid. 23 RCW 35A.13.080- City manager—powers and duties. 24 RCW 35A.13.080—ibid. 52 25 RCW 35A.13.120 - City manager — interference by councilmembers; council shall deal with the administrative service solely through the manager 26 RCW 42.36.040—Appearance of Fairness—public discussion by candidate for public office 27 RCW 42.36.060—Quasi-judicial proceedings,ex-parte communications prohibited,exceptions. 28 Chapter 36.70C RCW—Judicial review of land use decisions 29 RCW 43.21C.075—State environmental policy;Appeals. 30 RCW 36.70B.130—Local Project Review;Notice of Decision;distribution 31 RCW 42.36.010 Appearance of fairness doctrine—local land use decisions. 32 RCW 35A.13.120 - City manager — interference by councilmembers; council shall deal with the administrative service solely through the manager 33 RCW 42.30.010- Open Public Meetings Act;legislative declaration. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly. 34 RCW 42.30.020(3)—Definitions—defines"action" 35 RCW 35A.13.020 — Election of councilmembers — eligibility — terms — vacancies — forfeiture of office — council chair. 36 RCW 42.17A.005(24)—. "Immediate family" includes the spouse or domestic partner, dependent children, and other dependent relatives, if living in the household. For the purposes of the definition of "intermediary" in this section, "immediate family" means an individual's spouse or domestic partner, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person. 37 RCW 42.23.030 - Code of Ethics for municipal officers, contract interests, interest in contract prohibited — exceptions. "No municipal officer shall be beneficially interested, directly or indirectly, in any contract which may be made by,through or under the supervision of such officer,in whole or in part,or which may be made for the benefit of his or her office,or accept,directly or indirectly,any compensation,gratuity or reward in connection with such contract from any other person beneficially interested therein." Some exceptions include furnishing utility services. Most exceptions apply to entities other than cities. 53 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 13-005- A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING CITY OF SPOKANE VALLEY RESOLUTION 12-002 WITH ATTACHED `GOVERNANCE MANUAL' COMPRISING THE CITY COUNCIL'S COMPREHENSIVE COLLECTION OF MEETING RULES AND PROCEDURES,AND OTHER MATTERS RELATING THERETO. WHEREAS, written rules of procedure regarding how the City Council conducts its policy- making business for the City best assure an atmosphere conducive to efficiency, uniformity and consistency; and WHEREAS, the rules and procedures adopted by the Council by which they conduct the policy- making business of the City need to be amended from time to time to reflect changes in the law and practice of the Council. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington,as follows: Section 1: On April 10,2012, Council adopted Resolution 12-002 repealing and replacing the previously adopted City of Spokane Valley Resolution 10-020 with Attached Governance Manual. Section 2. The Council hereby repeals Resolution 12-002 with Attached Governance Manual, and replaces it with "City of Spokane Valley Governance Manual," which contains Appendices to that Manual, including but not limited to, the formerly adopted "General Policy Resolution of Core Beliefs," as well as "Councilmembers' Statement of Ethics," all of which is attached hereto and incorporated herein. Section 3. Effective Date. This Resolution shall be in full force and effective upon adoption. I Adopted this day of April ,2013. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge,City Clerk Approved as to Form: Office of the City Attorney SjO1 TY eKan a e Governance Manual Resolution 13-005 A Comprehensive Collection of Rules and Procedures Adopted April 23, 2013April 10, 2012 Resolution 03-028 adopted 5-13-2003,replaced by Resolution 04-013 adopted 5-25-2004,replaced by Resolution 05-021 adopted 9-13-2005,replaced by Resolution 06-022 adopted 11-14-2006,replaced by Resolution 07-020, adopted 12-11-2007,replaced by Resolution 09-012, adopted 09-08-2009,replaced by Resolution 10-020, adopted 12-28-2010,replaced by Resolution 12-002, adopted 04-10-2012,replaced by Resolution 13-005 1 TABLE OF CONTENTS CHAPTER 1: Council Meetings ... 4 A. General .. 5 1.Time and Location 5 2. Open to the Public 5 3. Presiding Officer 5 B. Types of Meetings 6 1. Regular Meetings 6 a.Formal Format 6 b. Study Session Format 8 c.Executive Sessions 10 2. Special Meeting 11 3.Pre-Agenda Meeting 12 C. Meeting Rules and Procedures 12 1.Council Rules of Order 12 2. Quorum 12 3.Attendance,Excused Absences 12 4. Respect and Decorum 13 5. Seating Arrangement 13 6. Dissents and Protests 13 7. Councilmember Meeting Participation by Telephone/Video Conference 13 8.Adjournment Due to Emergency or Disruption 13 9. Permission Required to Address the Council 13 10.Approaching the Dais 14 11. Out of Order Requests 14 12. Photographs,etc. Requiring Artificial Illumination Prior Permission Required 14 13.Voting 14 14.Motions and Discussion 14 Table of Parliamentary Procedure at a Glance 16 15. Ordinances 17 16. Resolutions 17 17. Reconsideration 17 18. Council Materials/packets 18 19. Three Touch Principle 18 CHAPTER 2: Legislative Processes and Procedures 20 A. Election of Council Officers 21 B. Filling Council Vacancies 21 C. Legislative Agendas . 21 D. Council Travel Provisions 21 E. Ballot Measures CHAPTER 3: Council Contacts 23 A. Citizen Contacts and Interactions 24 1.Mayor/Council Correspondence 24 2. Citizen Concerns,Complaints and Suggestions to Council 24 3.Administrative Complaints to Individual Councilmembers 24 4. Social Media 24 5. Donations B. Staff Contacts and Interactions 25 1. Role of the City Manager 25 2. City staff Attendance at Meetings 25 2 3. City Clerk—Minutes 25 4.Administrative Interference by Councilmembers 25 5. Informal Communications Encouraged 26 CHAPTER 4: Hearings 27 A. General Public Hearings 28 1. Purpose 28 2. Legislative Hearings 28 B. Quasi-Judicial 29 1. Purpose 29 2. Specific Statutory Provisions 29 3.Actions/Procedures for a Quasi-Judicial Public Hearing 29 4.Appearance of Fairness Doctrine 31 CHAPTER 5: Committees,Boards, Commissions 33 A. Regional 34 1. Committees 34 2. Council Relations with Boards,Commissions,Advisory Bodies 34 B. In-house 34 1. Standing Committees 34 a. Planning Commission 34 b. Lodging Tax Advisory Committee 35 c.Finance Committee 35 C. Private Committees,Boards, Commissions 36 CHAPTER 6: Disclaimer 37 A. Purpose 37 B. Use 37 C. Reliance 37 Appendices: A. Definitions 38 B. Frequently Used Acronyms 39 C. Optional Committee Report Form 42 D. Policy Resolution of Core Beliefs 43 E Statement of Ethics 45 F. Index 46 Endnotes 48 3 CHAPTER 1 Council Meetings 3 I y h �I .. „� s ', .. ' � i �� a � 1M 1f F � � � . ....a d ' :, , , � t 1� 1 I ® I r I �1 jj I hy' Y. r 1 a ,,. 1 Fro I ly e 'I- calm •• .,..... J• ji i. 4.,.. i 1 il . it .,',.. -•.,',:.' A -0, lip- "fa-4121'• iii."-4.- ' If v - .: I „i r r 1 ,L J .v %1114.0rimw-S '4' i ( � .,. I +� art - i C i� r to �: ? 1 I - 4 A. General 1. Council Meetings- Time and Location Unless otherwise specified in a meeting notice, regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m. 2. Council Meetings-Open to the Public All meetings of the City Council and of committees thereof shall be open to the public, except as provided for in RCW 42.30.110' (Executive Sessions),or RCW 42.30.140 2 (Open Public Meetings Act). Councilmembers will notify appropriate staff of Councilmember's plans to attend any of the various outside public meetings hosted by other organizations or agencies, or City meetings hosted by various City Departments, so that notice may be published concerning such attendance in order not to risk any real or perceived violation of the Open Public Meetings Act. 3. Presiding Officer The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties unless specifically set forth herein. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by majority vote of the remaining members of the Council, shall act as Mayor during the continuance of the absences [RCW 35A.13.0353]. The Mayor, Deputy Mayor (in the Mayor's absence) or Mayor Pro Tem are referred to as "Presiding Officer" from time to time in these Rules of Procedure. 5 B. Types of Meetings 1. Regular Meeting Any Council meeting that meets in the Spokane Valley City Council Chambers on Tuesday at 6:00 p.m. shall be deemed a"regular meeting." a. Formal Format 1. Normally held 2nd and 4th Tuesdays. The City Clerk, under the direction of the City Manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting, a copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, appropriate staff, and the media who have filed a notification request. Agendas may be amended as required,and expeditiously distributed to Council and appropriate staff. 2. Requests for presentations to be scheduled on any Council agenda imply that the presentation is the official business of the City, and such requests should be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. The City Clerk will consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of video tapes, DVD's, PowerPoints, or other electronic presentations shall be pre-screened by the City Manager or designee who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. 3. Forms of Address. The Mayor shall be addressed as "Mayor (surname)" or "Your Honor." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Members of the Council shall be addressed as"Councilmember(surname)"unless waived by the Presiding Officer. 4. Order of Business. The business of all regular formal meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously,without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the "amended agenda." a. Call to Order by the Presiding Officer. b. Invocation. c. Pledge of Allegiance. d. Roll Call. (See Chapter 1, C3 [page 12] for procedure to excuse an absence) e. Approval of Agenda. In case of an emergency or an extremely time-sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by the Presiding Officer, three Councilmembers, or the City Manager and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council will then consider a motion to approve the amended agenda. ("Three-Touch Principle"should be followed whenever possible.) f. Introduction of Special Guests and Presentations. g. Councilmember Reports. Council or government-related activities(e.g. synopsis of committee, commission,task force or other board meetings). These oral reports are intended to be brief, city work-related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the City on a regional board, committee, task force 6 or commission, whether as a formal member or as a liaison. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. (See Appendix D"Optional Committee Report Form") h. Presiding Officer's Report. i. Public Comments. Comments from the public on subjects not on the agenda for action (as well as comments connected with action items) are limited to three minutes each unless modified by the Presiding Officer. The City Council desires to allow a maximum opportunity for public comment. However, the business of the City must proceed in an orderly,timely manner. At any time the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption or undue delay of other necessary business. 1. Subjects Not on the Current Agenda. The Presiding Officer may invoke a sign-in procedure for speakers. Any member of the public may request time to address the Council. Speakers shall state their name, address, and the subject of their comments, and spell their last name for the record. The Presiding Officer may allow the comments subject to such time limitations as the Presiding Officer deems necessary. Following such comments, the Presiding Officer may place the matter on a future agenda, or refer the matter to administration for investigation and report. 2. Subjects on the Current Agenda. Any member of the public who wishes to address the Council on an action item on the current agenda shall make such request to the Presiding Officer at the time when comments from the public are requested during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. As an option, the Presiding Officer may invoke a sign-in procedure. The Presiding Officer in consultation with the City Manager and/or City Attorney shall rule on the appropriateness of public comments as the agenda item is reached and shall rule on a specific individual or group time limit for public comment. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. 3. Comments shall be made from the microphone, first giving name, address and subject.No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. The public shall be reminded that this is not an opportunity for dialogue or questions and answers,but public comment. When appropriate, staff will research issues and report back to those making the comment as well as to Council. Public comments are opportunities for speakers to briefly address Council, and those speaking are to address members of Council and not the audience. Since this is an opportunity for public comment, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the City, graphs, charts, posterboards, PowerPoint presentations, or other display materials will not be allowed, although, written comments and written materials, including photographs and petitions,may be submitted to Council via the City Clerk. 4. There will be no demonstrations before, during or at the conclusion of anyone's presentation. Any disruptive behavior, as determined by the Presiding Officer, shall be cause for removal from the meeting room. 5. Any ruling by the Presiding Officer relative to the subsections 1 and 2 above may be overruled by a vote of a majority of Councilmembers present. 6. Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required, scheduled, or held. LSee Chapter 4 for procedure for taking public comment on legislative matters.) Unless solicited and scheduled, comments shall not be permitted relative to any future or possible/probable future ballot issue. (See Chapter 2, E Ballot Measures for further direction concerning ballot measures.) 7. Written Public Comments. Citizens have the option of submitting written views, opinions, comments, data and arguments to the Council on any topic and at any 7 time, not just prior to or during public Council meetings. Unless the citizen reads their own prepared written comments, such comments will not be read during regular or special Council meetings. Any written comments submitted to Council via the City Clerk will be distributed to Council by placing copies at each Councilmember's workstation or city desk; or in the case of e-mailed comments, will be forwarded to Council via e-mail. If individual Councilmembers receive written public comments or materials for the purpose of reading/sharing those materials during Council meetings, those materials should be submitted to the City Clerk prior to the Council meeting so the Clerk can make copies for later distribution to members of Council. (See #6 above and Chapter 2, Ballot Measures;(Ssee also Public Hearings section regarding public comments.) j. Public Hearings. (See Chapter 4 for procedural details) k. Consent Agenda. 1. Items which may be placed on the Consent Agenda are those which: (1) have been previously discussed by the Council; (2) based on the information delivered to members of the Council by administration can be reviewed by a Councilmember without further explanation; (3) are so routine, technical sr—or nonsubstantive"housekeeping" in nature that passage without discussion is likely; or (4) otherwise deemed in the best interest of the City. 2. The proper Council motion on the Consent Agenda is: "I move approval of the Consent Agenda." This motion will have the effect of moving to approve all items on the Consent Agenda. Since approval of any item on the Consent Agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the Consent Agenda. Therefore, prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda. If any matter is withdrawn,the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting. 1. Unfinished Business [includes matters that were pending when a previous meeting adjourned, or matters specifically postponed to the present meeting.] m. New Business. [Action items are designated as New Business] n. Public Comments. [Same as"i" above] (Three-minute time limit each) o. Administrative Reports. Reports or tracking of an administrative issue or topic. p. Information Only Items. These items will generally not be discussed or reported. q. City Manager Comments. r. Executive Session (as required). (See Chapter 1, section Blc below) s. Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shallmust be established before taking a Council vote to extend the meeting. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular formal Council meeting, unless the Council by a majority vote of members present determines otherwise. b. Study Session Format 1. Normally held 1St, 3rd and 5th Tuesdays. The purpose of the study session format is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. Study sessions shall be in a less formal setting than regular formal meetings. Council may be seated other than at the dais, but shall not discourage public observation. Unless there are designated action items which permit public comment, there will be no public comment at study sessions although the Council may request staff or other participation in the same manner as a regular formal Council meeting. The City Clerk,under the direction of the City Manager, shall arrange a Council study session agenda for the meeting. For each item, the agenda shall contain the discussion subject, the discussion leader, the activity and the discussion goal. A copy of the agenda and 8 accompanying background materials shall be prepared for Councilmembers, the City Manager, appropriate staff and the press, on or before 4:30 p.m., one day before the meeting. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise, the City Clerk will prepare a hard copy agenda packet for individual Councilmembers. During a Council meeting, the Presiding Officer may rearrange items on the agenda to conduct Council business more expeditiously without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the "amended agenda." a. Voting. 1. Action Items on the Agenda. Although action items may occasionally be included on a study session agenda,it is the practice of Council to keep those instances to a minimum. Because a study session is a recognized meeting according to the "Open Public Meetings Act," it is permissible for Council to take final action during these meetings. 2. Non-action Items on the Agenda. Because study sessions are usually understood by the public and media as referring to meetings at which Council will only consider and discuss items and not take final action or vote, it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council's practice to invite public comment after most motions,it would be inappropriate to make a"surprise"motion unless there is a rare special circumstance.Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media, the practice is discouraged. 2. Discussion Leader's Role. During the Council study session, the discussion leader should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to schedule the topic for a motion or official direction of the Council. 3. The role of the Presiding Officer is to facilitate Councilmembers engaged in free flowing discussion without the necessity of each Councilmember being recognized by the Presiding Officer. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all Councilmembers have the opportunity to be heard, and to keep the discussion properly focused. 4. Requests for presentations to be scheduled on any Council agenda imply that the presentation is the official business of the City, and such requests should be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. The City Clerk will consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of video tapes, DVD's, PowerPoints, or other electronic presentations shall be pre-screened by the City Manager or designee who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. 5. Council Comments. The purpose of this agenda item is to allow Councilmembers an opportunity to report on an activity or key issue which either just arose, needs immediate or imminent action, or to simply report on items that transpired since the last Council meeting, and to serve as an additional opportunity for Councilmembers to bring up topics for clarification, or to address other upcoming concerns. Pre-scheduled materials Council wishes to share as part of the Council packet,could also be included on study session agendas under"Council Comments." [See also page 17] 9 6. City Manager Comments. The purpose of this agenda item is to allow the City Manager the opportunity to brief Council on an activity or issue which either just arose, needs immediate or imminent action,or to simply inform Council of items that transpired since the last Council meeting. 7. Forms of Address. Councilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. 8. Roll Call. The City Clerk shall conduct a roll call of Councilmembers. (See Chapter 1, C3 for procedure to excuse an absence) c. Executive Sessions 1. If Council holds an executive session, it will be held in accordance with the Open Public Meetings Act, RCW Chapter 42.30. The Council may hold an executive session during a regular or special meeting. Before convening in executive session,the Presiding Officer shall ask for a motion from Council to: publicly announce the purpose for adjourning into executive session; the approximate length of time for the executive session; the likelihood of Council taking action at the close of the executive session; and whether Council will return to regular session at the close of the executive session or will adjourn the meeting. a. At the close of the executive session and upon Council's return to chambers, the Presiding Officer will declare Council out of executive session, and will ask for the appropriate motion (i.e. an action motion or a motion to adjourn). b. To protect the best interests of the City, Councilmembers shall keep confidential all oral and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers(RCW 42.524)and/or the Public Records Act(RCW 42.565). 2. RCW 42.30.110 explains the purpose for holding an executive session,some of which include: a. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price (pending land acquisition); b. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public; [note that stating that an executive session is to discuss a "personnel matter" is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.] (review qualifications of a public employee) c. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public (review qualifications of an elected official) d. RCW 42.30.110(1)(i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official 10 capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. For purposes of this subsection (1)(i), "potential/pending litigation" means matters protected by Rules of Professional Conduct(RPC) 1.6 or RCW 5.60.060(2)(a)concerning: (i) Litigation that has been specifically threatened to which the agency, the governing body,or a member acting in an official capacity is,or is likely to become,a party; (ii) Litigation that the agency reasonably believes may be commenced by or against the agency,the governing body,or a member acting in an official capacity; or (iii) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. 3. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.1606 that the public be made aware of the preliminary agendas of meetings in advance of the meeting, but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action on the matter would not be taken at the executive session, it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. per MRSC Index-General Government-Executive sessions.] Although amending the agenda is not required in order to adjourn into executive session, it is a good practice for the Mayor to announce at the beginning of the meeting, that Council will be adjourning into an executive session at the end of the regular meeting. 4. Attendance at Executive Sessions. The City Attorney will be present at executive sessions and it should be noted that the City Attorney is required to attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session other than the Council and the Mayor is determined by the Council. Where appropriate, the Council may invite other city officials, employees, or individuals to attend executive sessions. If Council invites others, those invited should have some relationship to the matter being addressed, or they should be in attendance to otherwise provide assistance to the Council. For example, staff may be needed to present information or take notes or minutes,but per RCW 42.32.0307,executive session minutes are not required. 2. Special Meetings Meetings set at days, times, and places other than Tuesdays at 6:00 p.m. in the Spokane Valley City Council Chambers shall be deemed"special meetings," such as joint meetings with other jurisdictions or entities(Board of County Commissioners,Planning Commissioners), and Council workshops or retreats. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.1708, 35A.12.1109). Written notice of the special meeting shall be prepared by the City Clerk. The notice shall contain information about the meeting, including date, time, place, and business to be transacted. The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting (RCW 35A.12.11010) The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080", that is: (a) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (b) As to any member who was actually present at the meeting at the time it convenes, and (c) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. 11 Agendas shall be drafted in a form submitted by the City Clerk, approved by the City Manager, and distributed in a manner similar to agendas for formal and study session meetings. The processes and rules for agenda content apply to regular formal, study session format,as well as special meetings. Voting: 1. Action Items on the Agenda. Action items may be included on an agenda for a special meeting, and could even be the reason the special meeting is called. It is the practice of Council to allow time for the public to comment on action items and the "public comment" should be so noted on the agenda. As with other types of meetings, Council adheres to the Open Public Meetings Act, so therefore it would be permissible for Council to take final action during these meetings. Action items could be added during the meeting and the agenda amended accordingly, but the preferred method is to refrain from adding action items at the last minute to any agenda, since that would not give the public, staff, and press adequate time to realize public comment would be permitted. 2. Non-action Items on the Agenda. Special meetings are generally more in the form of a workshop or retreat, and are usually understood by the public and media as times when no action will be taken. Therefore,it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council's practice to invite public comment after most motions, it would be inappropriate to make a"surprise"motion unless there is a rare special circumstance. Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media,the practice is discouraged. 3. Pre-Agenda Meetings: The City Manager, City Clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to go over the Council agenda of the upcoming meeting, which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impending meeting. This meeting also serves as an opportune time to discuss the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. C. Meeting Rules and Procedures 1. Council Rules of Order The City Clerk shall serve as the official parliamentarian for all Council meetings, and will keep a copy of the most current"Robert's Rules of Order"(RONR) in Council Chambers during Council meetings. 2. Quorum At all regular and special meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time to time, provided that written notice of said adjournment is posted on the exterior Council Chamber doors per RCW 42.30.09012. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.17013, 35A.12.12014) 3. Attendance,Excused Absences RCW 35A.12.060 15provides that a Councilmember shall forfeit his/her office by failing to attend three consecutive regular meetings of the Council without being excused by the Council. Members of the Council may be so excused by complying with this section. The member shall contact the Mayor, City Clerk,or City Manager prior to the meeting and state the reason for his/her inability to attend the meeting. Following roll call,the Presiding Officer shall inform the Council of the member's absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable.Upon passage of such motion by a majority of members present,the absent member shall be considered excused and the City Clerk will make an appropriate notation in the minutes. 12 4. Respect and Decorum It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices,City staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum and a Councilmember shall neither by conversation or otherwise,delay or interrupt the proceedings of the Council, nor disrupt or disparage any Councilmember while speaking. Councilmembers and the public shall comply with the directives of the Presiding Officer. Any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the business of the Council, either while addressing the Council or attending its proceedings, shall be asked to cease such disruption,or may be asked to leave, or be removed from the meeting. At any time during any Council meeting, any Councilmember may object to personal affront or other inappropriate comments, by calling for a "point of order." After the Councilmember is recognized by the Presiding Officer and the Councilmember explains their point concerning respect and decorum, or lack thereof, the Presiding Officer shall rule on the remark and may ask the person making the disturbance to cease or leave the room. Continued disruptions may result in a recess or adjournment as set forth in#8 below. 5. Seating Arrangement Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 6. Dissents and Protests Any Councilmember shall have the right to express dissent from or protest orally or in writing, against any motion,ordinance or resolution of the Council and have the reason therefore entered or retained in the minutes. 7. Councilmember Meeting Participation by Telephone/Video Conference Telephone/video conference participation by Councilmembers may be allowed provided that a quorum of Councilmembers will be physically present for the Council meeting in question, and provided technical availability and compatibility of electronic equipment enables the conferencing Councilmember(s)to hear the proceedings,be heard by those present, and participate in Council discussion. a. Requests to use telephone/video conference participation shall be approved by the Council by motion. Such participating Councilmember(s) should be present and counted. So as not to disrupt the Council meeting, adequate notice must be given to allow hookup in time for the beginning of the meeting. b. Telephone/video conference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings, and the requesting Councilmember(s) shall declare that (s)he has reviewed the associated material (if any) provided for those hearings and/or proceedings prior to the time the vote will be taken by Council. 8. Adjournment Due to Emergency or Disruption In the event of an emergency such as a fire or other natural or catastrophic disaster, threatened violence, or inability to regain good order, the Presiding Officer shall forthwith declare a recess, adjourn, or continue the meeting, and the City Council as well as everyone in the room shall immediately leave the meeting room. The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 9. Permission Required to Address the Council Persons other than Councilmembers and staff shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or City Manager. 13 10. Approaching the Dais Once a Council meeting has been called to order, stepping between the podium and the dais will not be allowed, and stepping behind any part of the dais, including those parts occupied by staff is also not permitted. This includes, but is not limited to, video recording, still photography, tape recording, and distributing written handouts. Council reserves the right to invite anyone forward to the podium to be addressed by Council. 11. Out of Order Requests Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During "Open Comments From the Public," such person may request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on allowing or disallowing the out of order request. 12. Photographs, Motion Pictures or Video Tape Requiring Artificial Illumination — Prior Permission Required No overhead projection, photographs, motion pictures, or video tapes that require the use of floodlights, or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. 13. Voting The votes during all meetings of the Council shall be transacted as follows: a. Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice. At the request of any Councilmember, a roll call vote shall be taken by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. b. In case of a tie vote on any proposal,the motion shall be considered lost. c. Every member who was present when the question was put, shall give his/her vote. If any Councilmember refuses to vote "aye" or"nay,"their vote shall be counted as a"nay"vote unless the Councilmember has abstained or recused themselfs due to actual or perceived appearance of a conflict of interest,which shall be so stated prior to the vote at hand. d. The passage of any ordinance, grant, or revocation of franchise or license, any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. e. The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war (except for the statutory powers of the Mayor in accordance with RCW 35A.13.03016); and provisions for a lesser emergency, such as a budget amendment, shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.19017). The passage of any motion or resolution not subject to the provisions of Washington law, the Spokane Valley Municipal Code, or a Resolution as amended requiring a "super majority" for approval, shall require the affirmative vote of at least a majority of the membership of the Council who are present and eligible to vote. 14. Motions and Discussion a. Order of Procedure: 1.Member of Council makes a motion by stating: "I move . . ." The motion is seconded. Staff makes their presentation. Mayor asks Council if there are any questions for staff. Once all questions have been addressed,the staff member steps away from the podium to allow for the public comment opportunity. 14 2. The Mayor invites public comments. Public comments should be limited to one comment per person per topic and limited to three minutes. Mayor reminds the public this is time for comments and not discussion; and if the public has questions,those questions will be addressed by staff at another time outside the meeting. 3.Mayor opens the floor to Council for discussion. The maker of the motion normally begins the discussion. The discussion must have bearing on whether the pending motion should be adopted (RONR§43); and can be prefaced by a few words of explanation,but must not become a speech (RONR§4).All Council remarks should be addressed through the Mayor. 4. When discussion has ended, the Mayor re-states the motion or asks the Clerk to re-state the motion. Once the motion is re-stated, the Mayor calls for the vote, which is normally taken by voice.The Mayor or the Clerk then states whether the motion passed or failed. b. In General: 1. Except in rare circumstances, Council motions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent"approval by default"of a failed negative motion. 2. Agenda items scheduled for Council action shall require a motion by a Councilmember before discussion unless the Council suspends the requirement by majority vote. Upon failure of either a prior motion or rule suspension, the agenda item shall be passed over and may not be reintroduced until the next regular meeting. (Mayoral appointments excepted. See Committees for further discussion.) 3. Councilmembers should direct questions to the City Manager or the designated presenter. 4. Main motions are made when no other motion is pending (see chart below). They are debatable and subject to amendment. Since seconding a motion means "let's discuss it," if there is no second but discussion ensues, the matter of having a second to proceed is moot and the motion can proceed. However, if there is no second and no discussion, the motion does not progress. Note that the motion does not "die for a lack of a second" but it merely does not progress. 5. The maker of a motion can withdraw their motion without the consent of the seconder, and if the mover modifies the motion, the seconder can withdraw the second. The person making the motion is entitled to speak first to the motion. A maker of the motion can vote against the motion but cannot speak against their own motion. 6. No one should be permitted to speak twice to the same issue until everyone else wishing to speak has spoken. All remarks must be directed to the Presiding Officer and must be courteous in language and deportment (Robert's Rules of Order Newly Revised, Article VII, Section 43, Decorum in Debate), keeping in mind it is not the Councilmember, but the measure that is the subject of debate. 7. When an amended motion is on the floor,the vote is taken on whether to adopt the amendment. If adopted,the next vote is on the fully amended motion. 8. Motions should be reserved for items marked on the agenda for action, so as to avoid any surprises for Council,staff and the public. 15 Parliamentary Procedure at a Glance Roberts Can be Rules of IF YOU INTERRUPT NEED Debated Can be Order§ WANT TO YOU SAY ? 2ND? ? Amended? VOTE 11 Postpone I move to postpone. indefinitely(the . . .(an affirmative purpose is to vote can be prevent action reconsidered;a or kill an issue.) negative vote cannot.)indefinitely No Yes Yes No Majority 12 Modify wording I move to amend the of motion motion by. .. No Yes Yes Yes** Majority 14 Postpone to a Ex: I move to certain time postpone the motion to the next Council meeting. No Yes Yes Yes Majority 16 Close debate I move the previous question,or I call for the question No Yes No No Majority* 17 To Table a I move to lay on the motion table,the motion to No Yes No No Majority 19 Complain about Point of Privilege noise,room temperatures, Chair etc. Yes Yes Yes Yes decision 20 Take break I move to recess for. No Yes No Yes Majority 21 Adjourn I move to adjourn meeting No Yes No No Majority 23 Object to Point of Order procedure or Chair personal affront Yes No No No decision 25 Suspend rules I move to suspend the rules and. . . No Yes No No Majority* 34 Take matter I move to take from from table the table the motion No to.. . No Yes No Majority 35 Reconsider I move we reconsider something action on.. . already disposed of No Yes Yes Yes Majority It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote. If the intended purpose is to postpone,then the motion to postpone should be used. If more information is needed or desired in order to make the most informed vote possible,then an option would be for the maker of the motion to simply withdraw the motion.The consent of the seconder is not needed to withdraw a motion. While a motion is still on the table,no other motion on the same subject is in order. The motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. The motion to "Lay on the Table" is out of order if the evident intent is to kill or avoid dealing with a measure. (Robert's Rules of Order Newly Revised,106'Edition)*(Roberts Rules of Order Newly Revised states 2/3 vote required.Council direction is to base vote on majority except on matters where 2/3(or majority plus one)is required by state statute. **If the main motion to amend can be amended. 16 15. Ordinances Except for unusual circumstances or emergencies, ordinances and resolutions will customarily be prepared, introduced and proceed in accordance with the "Three Touch Principle." Prior to final passage of all ordinances or resolutions, such documents shall be designated as drafts. a. A Councilmember may, in open session, request of the Presiding Officer that the Council consider enacting an ordinance for a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration, a committee, or the Council for consideration. The committee or administration shall report its findings to the Council. The City Manager may propose the drafting of ordinances (RCW 35A.1318). Citizens, Boards and Commissions may also propose consideration of ordinances and resolutions. b. Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution,once on the agenda,he or she should so announce,make the initial motion and provide an introduction of the measure. c. Ordinances shall normally have two separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the City Clerk prior to its passage. However, if a Councilmember requests that the entire ordinance or certain sections be read, such request shall be granted. Printed copies shall be available upon request to any person attending a Council meeting. d. The provision requiring two separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. (This would require a successful motion to suspend the rules and pass the ordinance on a first reading.) e. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost,unless a subsequent motion directs its revision and resubmission to first reading. f. Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts,incidents,transactions or decisions occurring before such repeal. 16. Resolutions A resolution may be approved on the same day it is introduced. While it is not necessary to have the title of a resolution read aloud, Council may invoke the two reading procedures described above to facilitate public understanding and/or comment on the resolution. If Council invokes the two reading procedures,a Councilmember may request that the entire resolution or certain sections be read, and such request shall be granted and the City Clerk shall read as requested. Printed copies shall be made available upon request to any person attending a Council meeting. 17. Reconsideration Any action of the Council,including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except: 1. any action previously reconsidered; 2. motions to adjourn or motions to suspend the rules; 3. an affirmative vote to lay an item on,or take an item from,the table; 4. a previously passed motion to suspend the rules;or 5. a vote electing to office one who is present and does not decline. Such motion for reconsideration: 1. must be reconsidered during the same Council meeting; 2. must be called up when no business is pending (no action is pending); 3. if action is pending,the Mayor asks the Clerk to note that the motion to reconsider has been made and is to be taken up when a member calls the motion to reconsider the vote when no other business(action)is pending; 4. must be made by a member who voted on the prevailing side on the original motion; 5. a member who makes this motion should state that he or she voted on the prevailing side; 6. needs a second, and can be seconded by any member; 17 7. is debatable if the type of motion it reconsiders is debatable; and 8. is not amendable and requires a majority vote to adopt. If the motion for reconsideration is adopted,the original motion is placed before Council as if that motion had not been voted on previously; and Council again takes that motion under discussion, followed by a new vote. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter, may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five days advance notice of such discussion and/or action. 18. Council Materials a. Council Material Councilmembers and staff should read the agenda material and ask clarifying questions of the City Manager or other appropriate staff prior to the Council meeting when possible. Council recognizes there are times when Councilmembers may wish to bring additional documentation to a meeting on a specific subject,whether that subject is on the agenda or not,in order to share with Council and staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Council meeting, or if distributed during a meeting, Councilmembers should indicate the materials are for future reading, since except in an emergency, Councilmembers would normally not take time at the dais to read material just received. Pre-scheduled materials Council wishes to share as part of the Council packet could also be included on study session agendas under"Council Comments." [See also page 9] b. Council Packets Councilmembers shall personally pick up their agenda packets from their individual inboxes provided at each Councilmember's desk, unless otherwise arranged by the Councilmember or further directed by Council. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise,the City Clerk will prepare a hard copy agenda packet for individual Councilmembers. c.Packet Materials Request for Council Action form (RCA): This is a cover sheet used by staff to introduce an agenda item. It includes the agenda item title, citing of governing legislation associated with the topic, previous Council action taken, and background on the topic. Options for Council consideration are also included, as well as a staff recommended action or motion. The options and recommended action or motion should be viewed as aids to Council in making a motion or taking action, but should not be thought of as obligatory, as Council always has the option of making a motion different from what is included on the form. Generally, by the time an item is ready for a motion, Council has already read,heard, and/or discussed the item at least three times (as an informational item, an administrative report, and lastly as an action item), and the wording of a motion would not normally be controversial, although it is important to state the motion as a motion, such as"I move to"or"I move that"or other similar language. 19. "Three Touch Principle" Decision makers and citizens at all levels of the City should have adequate time to thoroughly consider the issues prior to final decisions. It is the intent of the Council that the Council and administration shall abide by the "Three Touch Principle" whenever possible. These procedural guidelines are designed to avoid"surprises"to the City Council,citizens and administrative personnel. 18 Any request or proposal for adopting or changing public policy, ordinances, resolutions or City Council directives which will require a decision of the City Council, or administration, should "touch" the decision makers three separate times. This includes oral or written reports, "information only" agenda items, or any combination thereof. To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." It is recognized that unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstances arise which justify a "first discussion" decision, the persons requesting the expedited decision should also explain the timing circumstances. This principle excludes staff reports and other general communications not requiring a Council decision. 19 CHAPTER 2 Legislative Process 9 4111it 3 itrt .„ .., , '1 �1 J ti ..! j. 4' 4 ar }' ""a a i 9 s w;4' wiito. -IN *44' ... , • f, „wit, 4. -4,, _ ‘• , . .,.. , „..... ,, ii.... s 7,.........,_ _ . _,.., , __, 4, litiot. p iii 4 20 A. Election of Officers Procedures for electing officers are as follows: 1. Biennially, at the first meeting of the new Council, the members thereof shall choose a Presiding Officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.03019) 2. The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nominations. Each member of the City Council shall be permitted to nominate one person, and a nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. 3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. The City Clerk shall publicly announce the results of the election. Thereafter, the City Clerk shall record the individual Councilmember's votes in the minutes of the meeting. 4. In the event the Council is unable to agree on a Mayor by majority vote of members present, the office of Mayor shall be temporarily filled by an Acting Mayor. Ties shall be resolved in a contest by chance. The office of Acting Mayor shall be filled by the Councilmember who just previously served as Deputy Mayor, or if such person prefers not to serve as Mayor,the Councilmember with the next highest seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 20 until the members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate. B. Filling Council Vacancies If a vacancy occurs on the City Council, the Council will follow the procedures outlined in RCW 35A.13.02021 and Council's adopted procedure in compliance with RCW 35A.13.02022, which is included below. The timeline will vary depending on when the process begins. Pursuant to RCW 35A.13.020, City Council has within 90 days of the vacancy to appoint a qualified person to the vacant position. If this timeframe is not met, the City's authority in this matter would cease and the Spokane County Board of Commissioners would appoint a qualified person to fill the vacancy. Public comment will not be taken during this entire process. In order to fill the vacancy with the most qualified person available until an election is held, a notice will be published of the vacancy and the procedure for -applyint,-An application will be drafted which contains relevant information to answer set questions posed by the Council, which can be used in conjunction with candidate interviews. Staff will draft an additional set of questions, based on Council's preference, to be used in the actual interview of candidates. PROCEDURE FOR FILLING A COUNCIL VACANCY A. Timeline/Procedure: 1. Publication The City Clerk will publish the vacancy announcement inviting citizens of the City who are interested and qualified to sit as a Councilmember, to apply on an application form provided by the City. Qualifications to sit as a Councilmember are set forth in RCW 35A.13.020, which refers to RCW 35A.12.030. If possible,the vacancy announcement will be published for three consecutive weeks. 21 2. Deadline for the City Clerk to receive applications shall be no later than 4:00 p.m. 3. Special Meeting,Executive Session, set for . [RCW 42.30.110(1)(h)] 5:00 p.m. Council will meet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, Council will return to Council Chambers and the Special Meeting will be adjourned. Regular Meeting, same evening as above Special Meeting. IRCW 42.30.110(1)(h)1 6:00 p.m. Council will meet in open session and part of this agenda will include selection of applicants to interview. Selection will be by nomination and second. A vote will be taken and candidates receiving three or more votes will be interviewed. Immediately after this Council meeting or as soon as practicable,the Clerk will send a list of potential questions to all those to be interviewed. 4. Tuesday, . [RCW 42.30.110(1)(h)1 The interviews will be conducted during an open Council meeting. Each interview will be a maximum of 30 minutes. 5. Special Meeting,Executive Session set for IRCW 42.30.110(1)(h)1 5:00 p.m. Council will meet and adjourn to executive session (closed session) to discuss applicants. After the discussion,the Special Meeting will be adjourned as usual. Regular Meeting, same evening as above Special Meeting IRCW 42.30.110(1)(h)1 6:00 p.m. Council will meet in open session and the last action item of that agenda will include a vote to fill the vacancy. Upon selection of the new Councilmember, that person will be sworn in by the City Clerk, and take their seat at the dias. B. Interview Questions/Process: 1. During the interview, each Councilmember may ask each candidate up to three questions. Follow- up questions are to be counted as one of the three questions. 2. Candidates will be interviewed in alphabetical order of last name. Questions for Candidates: Candidates should be prepared to answer any of the following questions, even though every question might not be asked of each candidate, and Council has the option of asking questions not included in this list of potential questions. Council has the option of asking follow-up questions up to a total of three questions per candidate. Follow-up questions are included as part of and not in addition to,the three maximum questions. Potential Council Applicant Interview Questions 1. What is a Councilmember's primary responsibility to the citizens of Spokane Valley? 2. What are the most important issues our City faces today? 3. Please explain your view of the most difficult aspect of being a Councilmember. 4. What do you think is the biggest challenge facing the City Council? 5. What are the three highest priorities the City needs to address and how do you propose to address these issues? 6. As a Councilmember, one of the most challenging issues we face is balancing the City budget. Keeping in mind that the majority of our revenue is from sales tax and property tax, how would you propose to strike a balance between revenues and expenses; and at what point,if at all,would you support additional revenues to maintain service levels? 7. Discuss your ideas on pavement preservation including solutions for long-term sustainability of our roads. 22 8. How can we determine what the citizens want for the future of Spokane Valley? 9. What do you envision the City of Spokane Valley will be like ten and twenty years from now? 10. All total, Councilmembers serve on approximately 20 different boards, committees, councils and task forces. Does your life style allow you to serve on outside committees and share these responsibilities?It could mean up to 10 hours per month in addition to your Council duties. 11. Do you plan to run and/or actively campaign for the November election for what will be a four- year term? 12. Have you attended City Council meetings in the past? 13. What did you discover from attending Council meetings? 14. Why do you want to be on the City Council? 15. Please explain your familiarity with and understanding of our City's form of government, including the difference between Council and staff responsibilities. 16. What do you hope to accomplish as a Councilmember and what do you offer the City? 17. If the majority of the Council took a position that you were against, how would you handle your response to the public and/or media? 18. As a Councilmember,what new or different perspective would you bring to the City Council? 19. Are you aware and knowledgeable about the Open Public Meeting Act? 20. Are you aware and knowledgeable about the Public Disclosure Act? C.Nomination and Voting Process: 1.NOMINATION PROCESS. Councilmembers may nominate an applicant to fill the vacancy. A second is required. If no second is received, that applicant shall not be considered further unless no applicant receives a second, in which case all applicants who were nominated may be considered again. Once the nominations are given,the Mayor will close the nominations and Council will proceed to vote. 2.VOTING PROCESS. a.A vote for an applicant shall be by voice or raised hand. b. The vacancy can only be filled when a majority of the City Council present affirmatively votes for the applicant, i.e. if five City Councilmembers are present, this would require at least three City Councilmembers voting for an applicant. If subsequent rounds of voting are needed, each round of voting follows the same process.The Mayor may ask for Council discussion between voting rounds. Round One Vote: The applicant receiving the majority of votes will be the new Councilmember. If no applicant receives a majority of votes from the City Council, then the three applicants receiving the most affirmative votes would be considered in a second round. Round Two Vote: Round Two proceeds the same as Round One. If one of the three applicants still fails to receive a majority of affirmative votes, then the two applicants of the three who received the most affirmative votes would then be considered in a third round; or if there are only two applicants and they receive tie votes, a third round will be taken. Councilmembers may, of course, change their vote between rounds. Round Three Vote: Round Three proceeds the same as Rounds One and Two. If after this round,the vote of the two applicants results in a tie, then the City Manager shall flip a coin to determine who shall fill the vacancy, with the applicant whose last name is closest to the letter A being assigned"heads" and the other person assigned "tails." In the rare circumstance where both applicants have the same 23 last name, the applicant whose entire last name is closest to the letter A will be assigned"heads" and the other person assigned"tails." D. Seating of New City Councilmember: 1. Once an applicant either has received a majority of votes or wins the coin flip, the City Clerk shall administer the oath of office, and the new Councilmember will be officially seated as a City Councilmember. C. Legislative Agenda Councilmembers work each year (or sometimes every two years) to draft a "legislative agenda" to address Council ideas, suggestions and specific legislative programs in terms of upcoming or pending legislative activity in Olympia that would or could have an effect on our City. Additionally, Councilmembers have the option of creating a similar legislative agenda to address concerns on a national level, which can be addressed during Council's participation in the annual National League of Cities Conferences held in Washington,D.C. D. Council Travel Provisions Council is allocated a budget to handle certain City business-related travel expenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year will be apportioned one-seventh (1/7) to each Councilmember. These monies may be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of City business. Periodic updated statements of expenditures will be provided to each Councilmember by the Finance Department. Should a Councilmember exhaust their apportionment of funds,that person will be responsible for payment of any travel and related expenses,or they may request a voluntary allocation from another Councilmember who has a balance in their travel apportionment. To be reimbursed for expenses incurred as part of City business, Councilmembers should timely submit detailed receipts with their reimbursement form. See the City Policy No. 300.110 for a list of unauthorized travel expenses. During the last six months of a Councilmember's current term of office, incurring City business-related travel expenditures requires the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or task forces. E. Ballot Issues: RCW 42.17A 555. State law has enacted statutory prohibitions (with limited exceptions) against the use of public facilities to support or oppose ballot propositions: "No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts,public hospital districts, library districts,park districts,port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or 24 ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view. (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3)Activities which are part of the normal and regular conduct of the office or agency." Whenever any public or private entity asks to be placed on a Council meeting agenda in order to provide Council and the public with information about an upcoming or proposed ballot issue, levy, tax, or any other type of ballot measure, whether or not the entity seeks the Council's support for such measure, the following procedure shall be used to address these requests: 1. Any request shall be made in writing and submitted to the City Clerk at least 14 work days in advance of the desired Council meeting. 2. The request to Council shall be specific, including whether the request is to support or oppose a measure. The request shall also include a copy of the ballot title or measure and indicate which election date the measure is scheduled. 3. The City Clerk will submit the request to the City Manager and Mayor for final determination of whether to place it on a future agenda. The requestor will be notified of that outcome as soon as practical. 4. If a determination has been made that it is appropriate to come before Council concerning a ballot issue, the matter will be scheduled for a motion before Council as soon as practical. During discussion/presentation of that agenda item, other than handouts, presentation aids will not be permitted. If the presenter desires that each Councilmember have a copy of a handout or other material, those copies shall be provided by the presenter, as the City staff is precluded by state law from making copies of materials. 5. Those seeking to inform Council of upcoming ballot measures and not seeking an endorsement either for or against, shall not be permitted to speak at a Council meeting nor will the issue be placed on a future Council agenda. The requestor has the option of mailing materials to individual Councilmembers. Because even the use of e-mail for ballot purposes could be construed as use of public facilities and could be interpreted as being in violation of RCW 42.17A.555, materials should be sent via regular U.S. Postal Mail. 25 CHAPTER 3 Council Contacts di 1 ir itfroConta,t 11.411744 Ism. 40.0,..,:e4._ :Al ". :Li,.41 il,,b, w \14,14. 1,,, ,.. _ „ir „...,4 iv 1111141412.1 it fi,,,; ..., 'we tv irr .didlAtilii Fir 26 A. Citizen Contact/Interactions Outside of a Council Meeting 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government,the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff will work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding City business. This provision will not apply to invitations for mayoral comments at various functions, nor requests for appointments or other incidental contact between citizens and the office of the Mayor. 2. Concerns, Complaints and Suggestions to Council When citizen concerns, complaints or suggestions are brought to any, some, or all Councilmembers, the Mayor shall, in consultation with the City Manager, first determine whether the issue is legislative or administrative in nature and then: a. If legislative, and a concern or complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or resolution of the City, the Mayor and City Manager may refer the matter to a future Council agenda for Council's recommendation in forwarding the matter to a committee,administration, or to the Council for study and recommendation. b. If administrative, and a concern or complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Mayor should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3. Administrative Complaints Made Directly to Individual Councilmembers When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the City Manager shall not be required to divulge information he/she deems confidential,in conformity with applicable statutes,ordinances,regulations,policies or practices. Although citizens' direct access to elected officials is to be encouraged to help develop public policy,City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in the past. In that case,refer to the paragraph above. 4. Social Media Councilmembers shall not use social media as a mechanism for conducting official City business, although it is permissible to use social media to informally communicate with the public. Examples of what may not be communicated through the use of social media include making policy decisions, official public noticing, and discussing items of legal or fiscal significance that have not been released to the public. As with telephone and e-mails, communication between and among Councilmembers via social media could constitute a "meeting" under the Open Public Meetings Act, and for this reason, Councilmembers are strongly discouraged from"friending"other Councilmembers. 5.Donations On occasion, Councilmembers could be contacted by citizens or businesses regarding donations. The City has administrative procedures to receive donations, and Councilmembers should direct the donor to 27 contact the appropriate City staff. Councilmembers shall not accept nor physically receive any donation. Councilmembers shall always be cognizant of their ethical responsibilities when discussing donations with citizens, including but not limited to a responsibility to avoid conflicts of interest, the prohibition on creating a special privilege or exemption for themselves or others, and from disclosing confidential information of the City. Councilmembers should avoid circumstances which are likely to give rise to a perception of a conflict of interest or of providing or procuring a special privilege or exemption. B. Staff Contacts and Interactions 1. Role of the City Manager The City Manager is the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the City Manager are defined by Washington law RCW 35A.13.08023. Such duties may be expanded by Ordinance or Resolution. Balanced with the City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform legally defined duties and responsibilities without interference by the City Council in the day-to-day management decisions of the City Manager. 2. City Staff Attendance at Meetings The City Manager or his/her designee shall attend all meetings of the City Council,unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit; keep the Council fully advised as to the business of the City; and shall take part in the Council's discussion on all matters concerning the welfare of the City. (RCW 35A.13.08024) It is Council's intent that the City Manager schedule adequate administrative support during Council meetings for the business at hand,keeping in mind that the City Manager must also protect the productive capability of department heads and of all staff. Required attendance at meetings by City staff shall be at the pleasure of the City Manager. 3. City Clerk-Minutes The City Clerk, or in the Clerk's absence the Deputy City Clerk, shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In the absence of the City Clerk and the Deputy City Clerk,the City Clerk shall appoint a replacement to act as Clerk during the Council meeting. The Clerk shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or agreement reached, if any. When practical, and with the exception of executive sessions, the City Clerk shall audio and/or video record the proceedings of all City Council meetings. Access to the recordings shall be made reasonably available to any party who so requests,according to City public disclosure procedures. Original, signed and approved minutes shall be kept on file in the City Clerk's office and archived according to State Record Retention Schedules. Copies of the approved minutes shall also be posted on the City's website as soon as practical after such minutes are approved and signed. When and if practical, video recordings of Council meetings shall also be housed on the City's website. 4. Administrative Interference by Councilmembers Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except 28 for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any directives,tasks, or orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.12025.) 5. Informal Communications Encouraged The above RCW requirement is not to be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff. While maintaining open lines of communication, City staff responding to information requests from Councilmembers will inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. 29 CHAPTER 4 HEARINGS C IL:yr F 30 A. General Public Hearings 1. Purpose Legislative public hearings are hearings held to obtain public input on legislative decisions on matters of policy. Legislative public hearings are required by state law when a city or county addresses matters such as comprehensive land use plans, or the annual budget. They are generally less formal than quasi-judicial public hearings. They do not involve the legal rights of specific,private parties in a contested setting,but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second-guessed by the courts; if challenged, they are reviewed only to determine if they are constitutional or violate state law. For example, a court will not review whether the basic budgetary decisions made by a city were correctly made. 2. Legislative Public Hearings a. State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal,the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual comments if many people are intending to speak,and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing may be stated by the Presiding Officer at the beginning of the hearing: 1. All public comments shall be made from the speaker's podium, shall be directed to the Mayor and Council,and any individual making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. 2. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 3. Unless otherwise determined by the Presiding Officer, all comments by the public shall be limited to three minutes per speaker. 4. There will be no demonstrations,applause or other audience participation,before,during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. 5. Unless read and/or handed in by the individual speaker during the public hearing, previously received written public comments will be read by the City Clerk at the pleasure of the Mayor. In the interest of time, the Mayor may limit the reading of such comments, to the Clerk reading whom the letter or written material is from, and if easily discernible,whether that person is for or against the issue at hand. All written comments become an official part of the record. 6. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. b. The Presiding officer declares the public hearing on (topic) open,notes the time for such opening, and asks staff to make their presentation. c.After staff presentations,the Presiding Officer calls for public comments. d. The Presiding Officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions,the appropriate individual will be recalled to the podium. e. The Presiding Officer declares the public hearing closed and notes the time for such closing. 31 B. Quasi-Judicial Hearings 1. Purpose Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the "record" developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig, MRSC Legal Consultant August 1998) 2. Specific Statutory Provisions a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, per RCW 42.36.04026, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b. Ex parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1)places on the record the substance of such oral or written communications; and (2) provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.06027) c. Public Disclosure File. The City Clerk shall maintain a public disclosure file,which shall be available for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms filed with the Washington State Public Disclosure Commission. d. Procedure On Application. Any person making application for any action leading to a quasi-judicial hearing before the Planning Commission and/or City Council shall be provided with a document containing the following information: (1)the names and address of all members of the City Council, and the Planning Commission, (2) a statement that public disclosure information is available for public inspection regarding all such Councilmembers, and (3) a statement that if the applicant intends to raise any appearance of fairness issue,the applicant should do so at least two weeks prior to any public hearing, if the grounds for such issue are then known and in all cases, no later than before the opening of the public hearing. The applicant shall sign a receipt for such document. 3. Actions/Procedures for a Quasi-Judicial Public Hearing See the following excerpt from the Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures: Appendix C CITY COUNCIL APPEAL HEARING PROCEDURES A. The Council shall not consider any new facts or evidence outside the verbatim transcript and certified record submitted by the Hearing Examiner,except for: 1. Grounds for disqualification of the Hearing Examiner, when such grounds were unknown by the appellant at the time the record was created;or 2.Matters that were improperly excluded from the record after being offered by a party to the hearing before the Hearing Examiner; or 3.Matters that were outside the jurisdiction of the Hearing Examiner. 32 The Council shall allow the record to be supplemented if the offering party demonstrates grounds for supplementation as set forth in subsections(A)(1),(2)or(3)of this appendix. a. Any party requesting that the record be supplemented shall submit such request, along with the specific evidence to be offered to the Council, within 14 calendar days of the date the appeal hearing was scheduled. b. The Council may require or permit the correction of ministerial errors or inadvertent omissions in the preparation of the record. c. The Council will allow the submittal of memoranda by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: i. The appellant may file a memorandum in support of the appeal. The memorandum must be filed no later than 12:00 noon on the third Friday preceding the date set by the Council for consideration of the appeal. ii. Any party of record in opposition to the appeal may submit a reply memorandum in opposition to the appeal. Any reply memorandum must be filed no later than 12:00 noon on the second Friday preceding the date set for consideration of the appeal. iii. All memoranda shall be limited to stating why the record or applicable laws or regulations do or do not support the decision, and shall not contain any new facts or evidence, or discuss matters outside the record,except as permitted above. iv. The offering party shall promptly submit a copy of the memorandum or request to supplement the record to the City Attorney, and to opposing parties as practicable. B. The Council will allow oral argument by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: 1. It is expected that all parties can reasonably be aligned as either in support of the appeal or opposed to the appeal. Accordingly, all parties who desire to make oral argument shall communicate with other parties aligned on the same side of the appeal and attempt to reach agreement in selecting a representative, or otherwise arrange for the allocation of time allowed under these rules to those in support of or those opposed to the appeal. 2. Oral argument shall be presented first by the appellant, followed by those parties of record in opposition to the appeal, and then rebuttal and surrebuttal. 3. Oral argument shall be limited to stating why the record or applicable laws or regulations do not support the decision, and shall not contain any new facts or evidence unless allowed by subsection A of this appendix. 4. Oral argument shall be limited to 20 minutes total for the appellant, and 20 minutes total for those parties in opposition to the appeal,regardless of how many parties make up each side. 5. The respective times allowed for oral argument above include the combined time used by a side for opening argument, rebuttal and surrebuttal. The time taken to respond to questions from the Council is not included in the time allowed for argument. C. The Council may affirm or reverse the Hearing Examiner's decision, or remand it for further proceedings. The Hearing Examiner's decision will be presumed to be correct and supported by the record and law. A tie vote on any motion shall have the effect of affirming the Hearing Examiner's decision. D. The Council may reverse the Hearing Examiner's decision, or remand it for further proceedings, if the appellant has carried the burden of establishing that one or more of the following standards are met: 1. The Hearing Examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless; 2. The decision is an erroneous interpretation of the law, after allowing for such deference as is due to construction of law by a local jurisdiction with expertise; 3. The decision is not supported by evidence that is substantial when viewed in light of the entire record; 4. The decision is a clearly erroneous application of the law to the facts; 5. The decision is outside the authority of the Hearing Examiner. 33 E. The Council may also remand the decision to the Hearing Examiner if the appellant offers newly discovered evidence that would reasonably have affected the decision had it been admitted in the proceedings before the Hearing Examiner. "Newly discovered evidence"is evidence that with reasonable diligence could not have been discovered and produced at the time the proceedings before the Hearing Examiner were conducted. F. The Council shall adopt written findings and conclusion in support of its decision. If the Council concludes that a finding of fact by the Hearing Examiner, upon which the decision is based, is not supported by substantial evidence, the Council may modify the finding or substitute its own finding, citing substantial evidence in the record that supports the modified or substitute finding. In the event of a tie vote on the proposed findings of fact, that vote shall be considered a final action, the findings shall reflect the same, and the decision of the Hearing Examiner shall be affirmed. G. The Council's decision shall include a notice stating that the decision can be appealed within 21 calendar days from the date the decision was issued,by filing a land use petition with the Superior Court as provided in Chapter 36.70C RCW 28and meeting the other provisions of such chapter, and that the decision shall act as official notice under RCW 43.21C.07529. H. The notice included in the Council's decision shall also state that affected property owners may request the Spokane County Assessor for a change in valuation for property tax purposes notwithstanding any program of revaluation,pursuant to RCW 36.70B.13030 I. The City Clerk shall,within five business days from the date of the Council's decision on the appeal, mail a copy of the Council's decision to the appellant, the applicant (if different than the appellant), any other party who testified or submitted a memorandum at the closed record appeal hearing before the Council, any person who requested notice of the decision, and any person who submitted substantive comments on the application. The City Clerk shall also provide notice of the decision to the County Assessor. J. Where the Hearing Examiner's decision recommends approval of the proposal and no appeal has been filed within the time period set forth above, the City Manager or designee shall modify the official zoning map of the City according to the Hearing Examiner's decision. The modification of the zoning map completes the Hearing Examiner's decision and shall be considered the final legislative action of the City Council. Such final action, for zoning purposes, is considered an official control of the City by exercise of its zoning and planning authority pursuant to Washington law. (Ord. 08-022,2008). 4. Appearance of Fairness Doctrine a. "The test of whether the Appearance of Fairness Doctrine has been violated is ... as follows: Would a disinterested person,having been apprised of the totality of a board member's personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist? If answered in the affirmative, such deliberations, and any course of conduct reached thereon, should be voided." Swift vs. Island County, 87 Wn.2d 348 (1976); Smith vs. Skagit County, 75 Wn.2d 715 (1969). b. Types of Hearings to Which the Doctrine Applies. The Appearance of Fairness Doctrine shall apply only to those actions of the Council which are quasi-judicial in nature. Quasi-judicial actions are defined as actions of the City Council which determine the legal rights,duties,or privileges of specific parties in a hearing or other contested proceeding. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide (versus site-specific) significance (RCW 42.36.01031). Street vacations are typically legislative actions, unless clearly tied to, and integrated into, a site-specific development proposal which is quasi-judicial in nature. c. Obligations of Councilmembers-Procedure. 1. Immediate self-disclosure of interests that may appear to constitute a conflict of interest is hereby encouraged. Councilmembers should recognize that the Appearance of Fairness Doctrine does not require establishment of a conflict of interest,but whether there is an appearance of conflict of interest 34 to the average person. This may involve the Councilmember or a Councilmember's business associate, or a member of the Councilmember's immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents or opponents before or after the hearing, business dealings of the Councilmember's employer with the proponents or opponents, announced predisposition, and the like. Prior to any quasi-judicial hearing, each Councilmember should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If the answer is in the affirmative, no matter how remote,the Councilmember should disclose such facts to the City Manager who will seek the opinion of the City Attorney as to whether a potential violation of the Appearance of Fairness Doctrine exists. The City Manager shall communicate such opinion to the Councilmember and to the Presiding Officer. 2. Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis for disqualification is made known, or reasonably should have been made known, prior to the issuance of the decision. Upon failure to do so, the doctrine may not be relied upon to invalidate the decision consistent with state law. The party seeking to disqualify the Councilmember shall state with specificity the basis for disqualification; for example: demonstrated bias or prejudice for or against a party to the proceedings, a monetary interest in outcome of the proceedings, prejudgment of the issue prior to hearing the facts on the record, or ex parte contact. Should such challenge be made prior to the hearing, the City Manager shall direct the City Attorney to interview the Councilmember and render an opinion as to the likelihood that an Appearance of Fairness Doctrine violation would be sustained in Superior Court. Should such challenge be made in the course of a quasi-judicial hearing, the Councilmember shall either recuse him/herself or the Presiding Officer shall call a recess to permit the City Attorney to make such interview and render such opinion. 3. The Presiding Officer shall have authority to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness Doctrine violation. Further, if two or more Councilmembers believe that an Appearance of Fairness Doctrine violation exists, such individuals may move to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness Doctrine violation. In arriving at this decision, the Presiding Officer or other Councilmembers shall give due regard to the opinion of the City Attorney. d. When Council conducts a hearing to which the Appearance of Fairness Doctrine applies,the Presiding Officer (or in the case of a potential violation by that individual, the Mayor Pro Tem) will ask if any Councilmember knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Councilmembers should now 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 monetary interest in the outcome of the proceedings; 3. A prejudgment of the issue prior to hearing the facts on the record; or 4. Had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Councilmember should answer in the affirmative, then the Councilmembers should state the reason for his/her answer at this time, so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. 35 CHAPTER 5 COMMITTEES, BOARDS, COMMISSIONS 11‘41111 L dk 4 Ili IIIII‘ \ IP '11, • . 4 r P -14.- 4,,... _ , . _ . 36 A. Regional Committees, Boards, etc. 1. Committees Spokane Valley Councilmembers and/or residents who seek representation on any standing committee, board, or commission required by state law, shall be appointed by the Mayor with confirmation by the Council. a. Appointment Process: Any committee, board, commission, task force, etc., requiring Mayoral appointment of committee members, shall also require confirmation by the Council, which shall be by majority vote of those present at the time the confirmation vote takes place. By majority vote, Council can reject the appointment. If Council fails to confirm the recommended appointment, the Mayor could either make another recommendation, or the appointment may be postponed to a later date, giving City staff opportunity to further advertise for committee openings. 2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies Councilmembers are encouraged to share with all Council members,copies of minutes from any statutory boards, commissions, or committees on which they serve and participate. Communications from such boards, commissions and bodies to the City Council which seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Council may also bring such communication to the Presiding Officer's attention under the agenda item "Committee, Board and Liaison Reports." If any member of the Council requests that any such communication be officially answered by the Council, the Presiding Officer may place the matter on an agenda under New Business, Information, Council Comments (study session format), or other appropriate place, for a specific Council meeting,or take other appropriate action. Councilmember(s) may be designated by the City Council to take the lead on particular significant issues and to provide appropriate feedback of information to Council, in order to gain corporate approval and coordination of corporate efforts. No Councilmember may speak for the Council unless Council has designated that person as the lead on that particular issue. B. In-House Committees, Boards, etc. 1. Standing committees or commissions required by law shall be appointed by the Mayor for a time certain not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council. Following are established in-house committees: a. Planning Commission -- 7 members. "SVMC 18.10.010 Establishment and purpose. There is created the City of Spokane Valley Planning Commission (hereafter referred to as the "Planning Commission"). The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's Comprehensive Land Use Plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. (Ord. 07-015 § 4,2007). 18.10.020 Membership. A. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training,experience or interest in the City. B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning commissioners shall be selected without respect to political affiliations and shall serve without 37 compensation. The Mayor,when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City. Terms shall be for a three-year period, and shall expire on the 31st day of December." b. Lodging Tax Advisory Committee -- 5 members. "SVMC 3.20.040 Lodging tax advisory committee. The City Council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The City shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council. Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the nominees. Nominations shall state the term of committee membership. Appointments shall be for one-and two-year terms. (Ord. 27 §4,2003)." c. Finance Committee-- 3 members. "SVMC 2.50.120(a) and (b)Establishing travel policies and procedures. a. The responsibility and authority for developing, adopting, modifying and monitoring the travel policies and procedures for reimbursement of expenses incurred while on official business of the City of Spokane Valley is delegated to the City Council Finance eCommittee. It is recognized by the City Council that public officials and employees will periodically be required to travel and incur related expenses on behalf of the City. The purpose of the travel policies and procedures is to provide criteria for payment and/or reimbursement of valid expenses. The Council directs that the(Finance eCommittee consider the following in the development of travel policies and procedures: (A).Reimbursement for transportation costs when using personal automobiles including rates to be established on a mileage or other reasonable basis and for airfare or other mode of travel; (B). Reimbursement for hotel/motel accommodations; (C). Reimbursement for meals either at actual cost including a per meal maximum amount or a per diem allocation; (D).Reimbursement for incidental expenses such as parking, taxis, buses, rental cars,etc.;and(E). Such other matters that are reasonably related to travel. b. The finance department,under the supervision of the fFinance eCommittee,is directed to develop a fully itemized travel expense form which shall be used to administer the City travel policy and account for expenditures and reimbursement of officials or employees. Claims for reimbursement must be accompanied by receipts showing the amount paid and items/services received unless otherwise provided in the policies and procedures. All claims for reimbursement shall be duly certified by the individual submitting such claim on a form approved by the Finance Director in compliance with state regulations and guidelines established by the State Auditor. For administrative staff, the City Manager or designee shall approve expenses and reimbursement. The City Council shall approve, through budget allocation, travel expenses and reimbursement for Council members. The Council reserves the right to review the travel policies and procedures of the City including modifying and amending the same from time to time. (Ord.29 § 1,2003)." The Finance Committee shall have no regularly prescribed duties or meetings except the bills/payroll and warrant procedures required by state law,unless specifically charged by the City 38 Council. The City Manager may also request meetings to discuss matters of financial interest with the Finance Committee. SVMC 3.35.010(D) Contract Authority The fFinance Committee of the City Council is authorized to approve change orders on short notice that are in excess of the amounts authorized in subsection C of this section, in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event, the city manager shall provide appropriate information to the eCity Council at its next regular meeting setting forth the factual basis for the action. (Ord. 07-004 §2, 2007; Ord. 03-072§ 2,2003.). 2. When required by law, committee meetings should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre-study. 3. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of "sunsetting" the committee at the conclusion of the assigned task. As with all committee vacancies, ads announcing a vacancy or soliciting membership or participation in a task force or other committee will be placed on the City's website, and in the City's official newspaper. 4. Council Liaison. Appointments shall be by the Mayor and confirmed by the Council for a time certain not to exceed the term of the appointing Mayor. Individual members of the Council may be assigned as liaisons whose duties involve keeping current with a group or activity by either attendance when the group or activity takes place, or communication with appropriate leaders so the liaison Councilmember can keep Council informed. Liaisons may, at times, advocate Council actions on behalf of their assigned group or activity. Extreme care must be taken to avoid an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with agencies or circumstances where such possibilities may exist (i.e.: Planning Commission quasi-judicial). Liaison functions and duties may be further defined and/or directed by the Presiding Officer with concurrence of Council. 5. Task Force. The City Council may create, and confirm the Mayor's recommendation to appoint members to small task force groups. A task force is a temporary group formed and "tasked" by legislative authority to study a specific subject for a specified period of time. 6. After consultation with the City Manager, any other Council committees, citizen task forces or similar organized groups shall have rules or operating procedures thereof established by Council directive with special attention to RCW 35A.13.12032. Such committees shall be commissioned for a time certain, not to exceed two years or the term of the appointing Mayor, whichever is less and be provided with a clear task description. Appointment shall be by the Mayor. Council may waive confirmation in the instrument creating said committee or group. Such committees shall be subject to review whenever a new Council is seated following elections, so as to determine whether the committee and its functions continue to be appropriate and necessary. Members of any committee,board or commission which have been appointed or confirmed by the Council, may be removed without cause by a majority vote of the Council. No advisory board,commission, committee or task force shall take any final action outside of an open public meeting unless permitted to do so per state statutes, and when permitted by state statutes, no final action shall be taken without the foreknowledge and approval of majority vote of the Council. 39 C. Private Committees, Boards, Commissions The Council recognizes there are various other private boards and committees, such as Spokane Neighborhood Action Partners (SNAP), which appointments are made by their own board. These boards and committees which do not require an appointment by our Mayor, with confirmation by our Council, are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of these committees and/or boards. As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. 40 CHAPTER 6 Disclaimer DISC [ ii ie A. Purpose These City Council Rules of Procedure are designed to provide guidance for the City Council. They are not to be considered restrictions or expansions of City Council authority. These rules have been prepared from review of many statutes, ordinances, court cases and other sources but they are not intended to be an amendment or substitute for those statutes, ordinances, court decisions or other authority. B. Use No action taken by a Councilmember or by the Council which is not in compliance with these rules, but which is otherwise lawful, shall invalidate such Councilmember's or Council action or be deemed a violation of oath of office,misfeasance or malfeasance. No authority other than the City Council may enforce these rules or rely on these rules. Failure of the City Council to follow any of these rules shall be considered a Council decision to waive such rule. No notice of such waiver need be given. C. Reliance Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council and not to provide substantive rules affecting constituents, it is expressly stated that these rules do not constitute land use regulations, official controls, "appearance of fairness rules," public hearing rules, or other substantive rules binding upon or to be used by or relied upon by members of the public. These rules do not amend statutory or other regulatory (such as ordinance) requirements. 41 Appendix A: Definitions Action: All transactions of a governing body's business, including receipt of public testimony, deliberations, discussions, considerations, reviews, and evaluations, as well as "final" action. [RCW 42.30.01033, 42.30.020(3)34] Codified: The process of forming a legal code (i.e., a codex or book of laws) by collecting and including the laws of a jurisdiction or municipality. Consensus: A collective judgment or belief; solidarity of opinion: "The consensus of the group was that they should meet twice a month. General agreement or harmony. [Random House Webster's College Dictionary, April 2001] [Wikipedia: explains it as a group decision making process; not necessarily the agreement. In other words,the question to the group is: "Is this something you can live with?" or, Does anyone object?] It is not unanimity,but more a process for deciding what is best overall. Members of the group reach a decision to which they consent because they know it is the best one overall. It differs from voting which is a procedure for tallying preferences. Sometimes knowing there will be an up-down vote at the end often polarizes the discussion. It does not require each member of the group to justify their feelings. [Taken from: Consensus Is Not Unanimity: Making Decisions Cooperatively, by Randy Schutt..'7 Similar to a verbal "show of hands" on who feels particularly strong on this?" Sometimes thought of as preliminary approval without taking final "action." A show of hands is not an action that has any legal effect. [See"Voting and Taking Action in Closed Sessions"by Frayda Bulestein.] Ex-parte: from a one-sided or partisan point of view; on the application of one party alone. An ex-parte judicial proceeding is conducted for the benefit of only one party. Ex-parte may also describe contact with a person represented by an attorney,outside the presence of the attorney. Motion: An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing Sstate or Ffederal statutes,City ordinances or resolutions. Ordinance: An enacted ordinance is a law passed [enacted] by a municipal organization legislatively prescribing specific rules of organization or conduct relating to the corporate affairs of the municipality and those citizens and businesses therein. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. Special ordinances such as adopting the budget, vacating a street, amending the Comprehensive Plan and/or Map, and placing a matter on an election ballot,including general obligation bonds, are not codified into the City's municipal code. Resolution: An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. Regular Meeting: Any Council meeting that meets in the Spokane Valley City Council Chambers on Tuesday at 6:00 p.m. shall be deemed a"regular meeting." Social Media: A term used to define the various activities that integrate technology, social interaction and content creation. Through social media, individuals or collaborations of individuals create on-line web content, organize content, edit or comment on content, combine content, and share content. Social media uses many technologies and forms including syndicated web feeds, weblogs (blogs), wiki, photo- sharing, video-sharing,podcasts, and social networking. (From MRSC, and Social Media and Web2.0 in Government,WebContent.gov) 42 Appendix B: Frequently Used Acronyms AACE -American Association of Code Enforcement ADA-Americans with Disabilities Act ADT -Average Daily Traffic ATF -Bureau of Alcohol,Tobacco&Firearms AWC -Association of Washington Cities BOCC-Board of County Commissioners CAFR-Comprehensive Annual Financial Report CDBG-Community Development Block Grant CIP -Capital Improvement Plan CM-City Manager CM/AQ - Congestion Mitigation&Air Quality Program CTED -Community,Trade,&Economic Development(now Department of Commerce) CTR-Commute Trip Reduction(legislation) CUP -Conditional Use Permit DEIS -Draft Environmental Impact Statement DEM-Department of Emergency Management DNR-Department of Natural Resources DNS-Declaration of Non-Significance DOE-Department of Ecology;Department of Energy DOT-Department of Transportation E911 -Enhanced 911 EA-Environment Assessment EDC -Economic Development Council EEO/AA-Equal Employment Opportunity/Affirmative Action EEOC -Equal Employment Opportunity Commission EIS -Environmental Impact Statement EOE-Equal Opportunity Employer EPA-Environmental Protection Agency ERU-Equivalent Residential Unit(for measuring water-sewer capacity and demand) ESU-Equivalent Service Unit(for measuring stormwater utility fees) F &WS-Federal Fish&Wildlife Service FAA-Federal Aviation Administration FCC-Federal Communications Commission 43 FEIS-Final Environmental Impact Statement FEMA-Federal Emergency Management Agency FICA-Federal Insurance Contribution Act FIRM-Flood Insurance Rate Maps FLSA-Fair Labor Standards Act FMLA-Family Medical Leave Act FY-Fiscal Year GAAP -Generally Accepted Accounting Principles GASB-Governmental Accounting Standards Board GIS -Geographic Information System GMA-Growth Management Act GPM- Gallons Per Minute HOV-High-Occupancy Vehicle HR-Human Resources HUD-Housing&Urban Development(Department of) ICMA-International City/County Management Association L&I-Labor&Industries(Department of) LID -Local Improvement District MGD-Million Gallons per Day MOA-Memorandum of Agreement MOU-Memorandum of Understanding MPO-Metropolitan Planning Organization MRSC -Municipal Research Services Center NEPA-National Environment Policy Act NIMBY-Not In My Backyard NPDES -National Pollutant Discharge Elimination System PE-Preliminary Engineering; Professional Engineer PERC -Public Employment Relations Commission PMS-Pavement Management System PPE-Personal Protective Equipment PPM-Parts Per Million; Policy&Procedure Manual PUD -Public Utility District PW-Public Works QA-Quality Assurance RCW-Revised Code of Washington 44 REET-Real Estate Excise Tax RONR Robert's Rules of Order Newly Revised ROW-Right of Way SAO- State Auditor's Office SBA- Small Business Administration SEPA- State Environmental Policy Act SMA-Shorelines Management Act SWAC - Solid Waste Advisory Committee TIB-Transportation Improvement Board TIP -Transportation Improvement Program TMDL-Total Maximum Daily Load UBC -Uniform Building Code UFC-Uniform Fire Code UGA-Urban Growth Area WAC -Washington Administrative Code WACO-Washington Association of County Officials WCIA-Washington Cities Insurance Authority WCMA-Washington City/County Management Association WSDOT-Washington State Department of Transportation WSP -Washington State Patrol WUTC -Washington Utilities&Transportation Commission WWTP -Wastewater Treatment Plant 45 APPENDIX C: Optional Committee Report Form Meeting Date: Committee: Councilmember's Committee Standing: (board member,liaison,etc): 1.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: 2.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: 3.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: 46 APPENDIX D: RESOLUTION 07-019 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.07-019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE,RESPONSIVE,AND OPEN GOVERNMENT WHEREAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged with promulgating Ordinances and Resolutions which become the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and state statutes and regulations; and WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifying Resolution 03-027 as set forth below by adding new section 7. The remainder of the resolution 03-027 is unchanged: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.02035 Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. 47 Section 5. We believe that the City of Spokane Valley's governance should be known as "user friendly," and that governance practices and general operations should consider how citizens will be served in the most responsive,effective and courteous manner. Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base, Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d) Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council,the staff,or the public. (e) Accepting the principle of majority rule and working to advance the success of "corporate"decisions. Section 8. We solicit the City Manager's support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective,responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing"best practices"in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. Approved by the City Council this 11th day of December,2007. ATTEST: /s/DIANA WILHITE Diana Wilhite,Mayor /s/CHRISTINE BAINBRIDGE Christine Bainbridge, City Clerk Approved as to form: /S/MICHAEL F. CONNELLY Office of the City Attorney 48 APPENDIX E: STATEMENT OF ETHICS SPOKANE VALLEY CITY COUNCILMEMBERS' STATEMENT OF ETHICS By adoption of the Resolution which adopts this Governance Manual,the Spokane Valley City Councilmembers hereby agree to be bound by the following rules of ethics: DECLARATION OF PURPOSE: • Provide guidelines and set high ethical standards for Councilmembers to perform their duties in an open, honest,and unbiased manner. • Establish procedures for prevention and/or elimination of possible conflicts of interest. • Improve and strengthen the public's perception and trust in their local government. DEFINITIONS: Compensation: Anything of economic value regardless of amount, however designated, which is paid, loaned, advanced, granted, transferred, or gifted, or to be paid, loaned, advanced, granted, transferred or gifted for or in consideration of personal services to any person or that person's immediate family as that term is defined in RCW 42.17A.005(24)36 Contract: Includes any contract or agreement, sale, lease, purchase, or any combination of the foregoing. A contracting party is any person, partnership, association, cooperative, corporation, whether for profit or otherwise,or other business entity which is a party to a contract with a municipality. PROHIBITED CONDUCT: (a) Acceptance of Gifts: No Councilmember, based solely on their position with the City of Spokane Valley, shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value regardless of the amount, as a gift, gratuity, or favor from any person or entity outside the City organization. Campaign donations made and reported in conformance with Washington law are exempt from this provision. (b) Interest in Contracts, Exceptions: No Councilmember shall be beneficially interested, directly or indirectly, in any contract where the City of Spokane Valley is named as a party to the contract; and no Councilmember shall accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract. This prohibition shall not apply to the exceptions specified in RCW 42.23.030 37 which are incorporated herein as if fully set forth. (c) Incompatible Service; Confidential Information: No Councilmember shall engage in or accept private employment or render services for any person, or engage in any business or professional activity when such is incompatible with the faithful discharge of his/her official duties as a Councilmember.No Councilmember shall disclose confidential information acquired by reason of such official position, nor shall such information be used for the Councilmember's personal gain or benefit. PERSONAL OR PRIVATE INTERESTS,PUBLIC DISCLOSURE: Any Councilmember who has a financial or other private or personal interest in any ordinance, resolution, contract,proceeding,or other action pending before the City Council or any of its committees, shall promptly disclose such interest at the first public meeting when such matter is being considered by the City Council, and a summary of the nature of such interest shall be incorporated into the official minutes of the City Council proceedings. Any Councilmember who feels disqualified by reason of such interest in any matter before the City Council, shall make a public statement and disclose the reasons why that Councilmember feels disqualified, and state that they are recusing themselves from the issue, and with permission of the Presiding Officer, will leave the Council Chambers until such time as the issue at hand has been disposed of in the regular course of business. 49 APPENDIX F: INDEX 9 E 9:00 p.m•8 Election of Officers•21 emergency 6,11,13,14,18 Emergency•13,43,44 A emergency ordinance•14 excuse•6,10,12,35 absence•5,6,10,12,28 excused•12,28 Adjournment•8, 13 Executive Session•8,10 Advance Agenda•12 Executive Sessions•2,5,10,11 agenda•6,7,8,9,10,11,12,13,14,15,17,18,19,23,27, Ex-Parte communications•32 37 amend•16,41 amended •6,14,15,16 F amended agenda•6,9 Appearance of Fairness Doctrine•34,35,39 Filling Council Vacancies•2,21 appointment•10,28,37,40 finance•38 Approaching the Dais•14 Finance•24,38 Attendance•11,12,28 Formal Format•2,6 Forms of Address•6,10 B H board •6,34,37,39,40,46 budget•14,24,31,38,42 hearing•7,18,31,32,33,34,35,40,41 budget amendment•14 Hearing•32 hearing examiner•32,33,34 C I Citizen Contact•27 City Clerk•6,7,8,9,11,12,14,17,18,21,28,31,32 Interference•28 City Manager•6,7,8,9,10,12,13,14,15,17,18,27,28,35, 39,43 Comments 7,8,9,10,14 L Complaints•27 conflict of interest•14,34,39 last six months•24 Consensus•42 Legislative Agenda•23 contract•49 Lodging Tax Advisory Committee•38 CONTRACT•49 Contract Authority•39 Correspondence•2,27 M Council liaison•39 Council Packets•18 material•6,9,18,31 minutes•7,11,12,13,15,21,28,31,33,37,49 D Motion•10,42 Motions•14 dais 8,14,18 demonstrations•7,31 N Deputy Mayor•5,6,12,21 display materials•7 National League of Cities•24 new item•6 Non-action•9,12 50 O respect•13,37 Roll Call•6,10 Open Public Meetings Act•5 opinion•35,42 opinions•7,32 ordinance•13,14,17,27,41,42,49 Ordinances 17,19,42 Seating Arrangement•13 show of hands•42 social media•27,42 P Social Media•2,27,42 SPECIAL MEETINGS•11 Study Session Format•2,8 parliamentarian•12 surprise•9,12 Parliamentary Procedure•2,16 Photographs•14 Planning Commission•32,37,39 podium•14,31 point of order•13 posterboards•7 Table•16 PowerPoints•6,9 Task Force 6,39 Pre Agenda 2,12 three 6,7,8,11,12,19,31,38 presentations•6,7,9,31 three Councilmembers•6 Presiding Officer•2,5,6,7,8,9,10,12,13,14,15,17,21, three touch principle 17 28,31,35,37,39 Three Touch Principle•18,19 Public Disclosure•32 Time 5,31 Travel Provisions•24 Q U qualifications•10 Quasi-Judicial•3,32 Unfinished 8 Quorum•12 V R Voting•2,9,12,14 Reconsideration•2,17 recuse•14,35 recusing•49 w regular meetings•5,12 reintroduced•15 withdraw•15,16 Reports•6,8,37 written findings•34 Request for Council Action form(RCA)•18 Written Public Comments•7 Resolutions•17,19,42 51 Endnotes: 'RCW 42.30.110—Open Public Meeting Act,Executive Sessions 2 RCW 42.30.140-Open Public Meeting Act, 3 RCW 35A.13.035-Optional Municipal Code(35A)—Council-manager plan of government 4 RCW 42.52—Ethics in Public Service 5 RCW 42.56—Public Records Act 6 RCW 35A.12.160 Optional Municipal Code (35A)—Council manager plan of government; public notice of hearings and meeting agendas 7 RCW 42.32.030—Minutes shall be open to public inspection. 8 RCW 35A.13.170 — Optional Municipal Code (35A) — Council manager plan of government; council meetings — quorum,rules-voting 9 RCW 35A.12.110—Council meetings,shall meet regularly,at least once a month. 1°RCW 35A.12.110—ibid. 11 RCW 42.30.080-Open Public Meetings Act,Special Meetings,procedures for calling Special Meetings 12 RCW 42.30.090—Open Public Meetings Act,Adjournments 13 RCW 35A.13.170 - Optional Municipal Code (35A) — Council manager plan of government; council meetings — quorum,rules-voting 1435A.12.120—Council meetings,shall meet regularly,at least once a month 15 RCW 35A.12.060 —A council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council. 16 RCW 35A.13.030—Mayor—election—chair to be mayor—duties: Biennially at the first meeting of the new council members shall choose a chair from among their number;the chair shall have the title of mayor and preside at meetings.. 17 RCW 35A.13.190—Ordinances,emergencies,may be effective upon adoption if passed by a majority plus one of the whole membership of the council and have the ordinance designated as a public emergency;but such ordinance may not levy taxes,grant,renew or extend a franchise,or authorize the borrowing of money. 18 RCW 35A.13 -Council-manager plan of government. 19 RCW 35A.13.030-Mayor—election—chair to be mayor—duties: Biennially at the first meeting of the new council members shall choose a chair from among their number;the chair shall have the title of mayor and preside at meetings.. 20 RCW 35A.13—Council-manager plan of government. 21 RCW 35A.13.020—Mayor—election,chair to be mayor,duties 22 RCW 35A.13.020—ibid. 23 RCW 35A.13.080- City manager—powers and duties. 24 RCW 35A.13.080—ibid. 52 25 RCW 35A.13.120 - City manager — interference by councilmembers; council shall deal with the administrative service solely through the manager 26 RCW 42.36.040—Appearance of Fairness—public discussion by candidate for public office 27 RCW 42.36.060—Quasi-judicial proceedings,ex-parte communications prohibited,exceptions. 28 Chapter 36.70C RCW—Judicial review of land use decisions 29 RCW 43.21C.075—State environmental policy;Appeals. 30 RCW 36.70B.130—Local Project Review;Notice of Decision;distribution 31 RCW 42.36.010 Appearance of fairness doctrine—local land use decisions. 32 RCW 35A.13.120 - City manager — interference by councilmembers; council shall deal with the administrative service solely through the manager 33 RCW 42.30.010- Open Public Meetings Act;legislative declaration. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly. 34 RCW 42.30.020(3)—Definitions—defines"action" 35 RCW 35A.13.020 — Election of councilmembers — eligibility — terms — vacancies — forfeiture of office — council chair. 36 RCW 42.17A.005(24)—. "Immediate family" includes the spouse or domestic partner, dependent children, and other dependent relatives, if living in the household. For the purposes of the definition of "intermediary" in this section, "immediate family" means an individual's spouse or domestic partner, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person. 37 RCW 42.23.030 - Code of Ethics for municipal officers, contract interests, interest in contract prohibited — exceptions. "No municipal officer shall be beneficially interested, directly or indirectly, in any contract which may be made by,through or under the supervision of such officer,in whole or in part,or which may be made for the benefit of his or her office,or accept,directly or indirectly,any compensation,gratuity or reward in connection with such contract from any other person beneficially interested therein." Some exceptions include furnishing utility services. Most exceptions apply to entities other than cities. 53 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 23, 2013 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Amending City Code provisions relating to dangerous dogs GOVERNING LEGISLATION: SVMC 7.30.035, .040, and .045 PREVIOUS COUNCIL ACTION TAKEN: prior adoption of SVMC 7.30.035 -.045 in 2008. BACKGROUND: The City contracts for animal control services with Spokane County Regional Animal Protection Services (SCRAPS). A provision of that interlocal agreement requires the City to have substantially similar code provisions regarding animal control. With one exception, the City's regulations are nearly identical. The exception is with regard to appeals arising from the SCRAPS Director declaring a dog as "dangerous," and registration requirements as a result of such a declaration. Under state law, the City is required to adopt its own appeal regulations, which the City did in 2008. Spokane County recently amended its regulations relating to appeals and registration of dangerous dogs, and asked that the City make similar changes for consistency. The primary amendment relates to changing insurance requirements regarding the amount of the deductible. Additionally, staff has attempted to make the City's dangerous dog provisions more consistent with Spokane County's, so there are a number of items that are re-ordered, but not changed substantively. Lastly, when the dangerous dog provisions were drafted in 2007, they did not contain specific statements that intentional violation was a misdemeanor or gross misdemeanor offense. Although an argument could be made that violations of these provisions could be cited as criminal violations under Spokane County Code 5.04.090, it would provide more clarity to set forth the penalty in each of these three sections, as Spokane County does. Nancy Hill, SCRAPS Director, has reviewed these proposed changes and agrees they are appropriate from the standpoint of SCRAPS performing animal control in the City pursuant to the interlocal agreement. OPTIONS: (1) set on a future agenda for first reading (2) request additional changes RECOMMENDED ACTION OR MOTION: Consensus to place this on a future agenda for a first reading. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Proposed amendments to SVMC 7.30.035 - .045 7.30.035 Declaration of dangerous dog determination—Appeals relating thereto. A. When the animal control director or designee has sufficient information to determine that a dog is dangerous as defined by Spokane County Code Section 5.04.020, the animal control director or designee shall make a preliminary declaration that the dog is dangerous. In the event a preliminary determination is made that the dog is dangerous, animal control shall notify the dog owner or keeper in writing, either by personal delivery, or by regular mail and certified mail, return receipt requested. Any notice or determination mailed pursuant to this section shall be deemed received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender. B. The notice must state: 1. The statutory basis for the proposed action; 2. A description of the dog for which the declaration is sought (breed, color, sex and license number, if any); 3. The reasons the animal control director or designee considers the animal dangerous; 4. If the dog has been determined to be dangerous, then the controls stated in SVMC 7.30.045 shall apply; and 5. An explanation of the owner's or keeper's rights and the proper procedure for appealing a declaration that a dog is dangerous, including an appeal form. C. Administrative Review After Preliminary Administrative Determination. 1. Preliminary Determination of Dangerous Dog. Prior to the animal control director or designee issuing a final determination that a dog is dangerous, the animal control director or designee shall notify the owner or keeper in writing that he or she is entitled to an opportunity to meet with the animal control director or designee, at which administrative review meeting the owner or keeper may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the administrative review meeting, which shall occur prior to the expiration of 15 calendar days following receipt of the notice. The owner or keeper may propose an alternative meeting date and time, but such administrative review meeting shall occur within the 15-day time period set forth in this section, and shall be on a date and time acceptable to the animal control director or designee. Page 1 of 8 2. After such administrative review meeting, the animal control director or designee shall issue a final determination, in the form of a written order, within 15 calendar days of the administrative review meeting. In the event the animal control director or designee declares a dog to be dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. 3. An order declaring a dog is-dangerous shall be delivered to the dog owner or keeper, in writing, either by personal delivery, or by regular mail and certified mail, return receipt requested. D. Any dog that is declared dangerous by the animal control director or designee, whether preliminary or final, shall be immediately impounded until the owner or keeper registers the dog as dangerous in accordance with SVMC 7.30.045. The owner or keeper will have 15 days from the date the dog was declared dangerous to register the dog or appeal the determination pursuant to subsection IF) of this section. If the owner or keeper fails to register the dog or appeal the determination, the dog will be euthanized at the direction of the animal control director or designee. If the owner or keeper appeals the dangerous dog declaration, as set forth in subsection IF) of this section, the dog will be held pending the outcome of the appeal at the shelter at the owner's expense at a rate established by the animal control authority. E. The owner or keeper of a dog subject to a declaration that their dog is dangerous may appeal the final written determination to the hearing examiner within 15 days after issuance of the decision by filing a notice of appeal with the animal control authority. The hearing examiner may adopt appropriate hearing procedures where procedures are not otherwise provided herein. The hearing shall be held within 20 days after receipt of the notice of appeal, unless it is continued for good cause shown. The animal control director or designee shall notify the owner or keeper in writing of the date, time and location of the appeal hearing before the hearing examiner, and said notice shall be received at least five days before the hearing. The appeal hearing shall be recorded, and the hearing examiner may allow testimony and documents that are relevant to the administrative determination that the dog is dangerous. The owner or keeper of the dog may require, by at least two days' written notice, for the officer compiling the record to be present at the hearing. The owner or keeper of the dog may present evidence and examine witnesses present. The burden shall be on the animal control director to establish by a preponderance of the evidence that the dog is a dangerous dog. F. The hearing examiner shall issue a written decision, and mail a copy of the decision to the dog owner or keeper, and to the animal control director or designee, within 15 days of the appeal hearing. The hearing examiner's decision shall accept, reject or modify the administrative determination that a dog is dangerous, and shall include findings of fact and conclusions of law that support the decision. The hearing examiner may modify the determination that a dog is Page 2 of 8 dangerous to a determination that the dog is potentially dangerous, if the facts warrant, and impose any of the requirements set forth in SVMC 7.30.040(D). The decision shall be given the effect of a final decision by the city council, and shall state that the decision may be appealed to superior court pursuant to Chapter 7.16 RCW within 20 days from the date the decision was received. If the decision upholds the administrative determination that a dog is dangerous, and the dog owner or keeper fails to timely register the dog or appeal the decision to superior court, the dog will be euthanized at the direction of the animal control director or designee. If the dog owner or keeper timely appeals the dangerous dog declaration, the dog shall be registered provisionally pursuant to SVMC 7.30.045(G) or the dog will be held pending the outcome of the appeal at the shelter at the owner's expense, at a rate established by the animal control authority. G. An owner or keeper of a dangerous dog who violates any conditions imposed under this section shall be guilty of a gross misdemeanor. 7.30.040 Declaration of potentially dangerous dog determination — Appeals relating thereto. A. When the animal control director or designee has sufficient information to determine that a dog is potentially dangerous as defined by Spokane County Code Section 5.04.020, the animal control director or designee shall make a preliminary declaration that the dog is potentially dangerous. In the event a preliminary determination is made that the dog is potentially dangerous, animal control shall notify the dog owner or keeper in writing, either by personal delivery, or by regular mail. Any notice or determination mailed pursuant to this section shall be deemed received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender. B. The notice must state: 1. The statutory basis for the proposed action; 2. A description of the dog for which the declaration is sought (breed, color, sex and license number, if any); 3. The reasons the animal control director or designee considers the animal potentially dangerous; 4. A statement that the registration and controls set forth in subsection OD) of this section may apply; Page 3 of 8 5. An explanation of the owner's or keeper's opportunity and right, pursuant to subsection (C)(1) of this section, to participate in an administrative review with the animal control director or designee to present information on why the dog should not be declared potentially dangerous; 6. A statement, pursuant to subsection (C)(2) of this section, that a failure by the dog owner or keeper to request and attend an administrative review with the animal control director or designee shall constitute a failure to exhaust all administrative remedies, and that such failure to exhaust all administrative remedies shall preclude any appeal of the administrative determination to the hearing examiner or to court; and 7. An explanation of the owner's or keeper's rights and the proper procedure for appealing a declaration that a dog is potentially dangerous, including an appeal form. C. Administrative Review After Preliminary Administrative Determination. 1. Preliminary Determination of Potentially Dangerous Dog. Prior to the animal control director or designee issuing a final determination that a dog is potentially dangerous, the animal control director or designee shall notify the owner or keeper in writing that he or she may request in writing to meet with the animal control director or designee for an administrative review meeting within 15 calendar days following receipt of the notice, at which administrative review meeting the owner or keeper may give, orally or in writing, any reasons or information as to why the dog should not be declared potentially dangerous. Once an administrative review meeting is requested in writing by the owner or keeper, the animal control director or designee shall provide written notice to the owner or keeper of the date, time and place of the administrative review meeting. Administrative review meetings may be conducted telephonically. 2. A failure by the dog owner or keeper to request and attend an administrative review meeting with the animal control director or designee shall constitute a failure to exhaust all administrative remedies, and such failure to exhaust all administrative remedies shall preclude any appeal of the administrative determination to the hearing examiner or to court. 3. After such administrative review meeting, the animal control director or designee shall issue a final determination, in the form of a written order, within 15 calendar days of the administrative review meeting. In the event the animal control director or designee declares a dog to be potentially dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. Page 4 of 8 4. An order determining a dog is potentially dangerous shall be delivered to the dog owner or keeper in writing, either by personal delivery or by regular mail. D. The owner or keeper of a dog determined to be potentially dangerous under this chapter shall comply with certain requirements, which may include, but are not limited to, the following: 1. Erection of new or additional fencing to keep the dog within the owner's or keeper's property; 2. Construction of a dog run consistent with the size of the dog within which the dog must be kept; 3. Microchip identification, as set forth in Spokane County Code Section 5.04.036; 4. Keeping the dog on a leash adequate to control the dog or securely fastened to a secure object when left unattended; 5. Keeping the dog indoors at all times, except when on a leash adequate to control the dog and under the actual physical control of a competent person at least 15 years of age; and 6. The posting of the premises with at least one clearly visible warning sign that there is a potentially dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a potentially dangerous dog. E. The owner or keeper of a dog subject to a declaration that their dog is potentially dangerous may appeal the final written determination to the hearing examiner within 15 days after issuance of the decision by filing a notice of appeal with the animal control authority, subject to the limitation stated in subsection LC) of this section. The hearing examiner may adopt appropriate hearing procedures where procedures are not otherwise provided herein. The hearing shall be held within 20 days after receipt of the notice of appeal, unless it is continued for good cause shown. The animal control director or designee shall notify the owner or keeper in writing of the date, time and location of the appeal hearing before the hearing examiner, and said notice shall be received at least five days before the hearing. The appeal hearing shall be recorded, and the hearing examiner may allow testimony and documents that are relevant to the administrative determination that the dog is potentially dangerous. The owner or keeper of the dog may require, by at least two days' written notice, for the officer compiling the record to be present at the hearing. The owner or keeper of the dog may present evidence and examine witnesses present. The burden shall be on the Spokane County animal control director to establish by a preponderance of the evidence that the dog is a potentially dangerous dog. Page 5 of 8 F. The hearing examiner shall issue a written decision, and mail a copy of the decision to the dog owner or keeper, and to the animal control director or designee, within 15 days of the appeal hearing. The hearing examiner's decision shall accept, reject or modify the administrative determination that a dog is potentially dangerous, and shall include findings of fact and conclusions of law that support the decision. The decision shall be given the effect of a final decision by the city council, and shall state that the decision may be appealed to superior court pursuant to Chapter 7.16 RCW within 20 days from the date the decision was received. G. An owner or keeper of a potentially dangerous dog who violates any of the conditions imposed under this section shall be guilty of a misdemeanor. 7.30.045 Registration of dangerous dogs—Requirements —Annual fee. A. The owner or keeper of a dangerous dog shallmust obtain a certificate of registration for such animal from Spokane County animal control within 15 days of a declaration of dangerous dog or within 15 days of the appeal decision if appealed as provided in SVMC 7.30.035. No dangerous dog shall be returned by Spokane County animal control to anyone prior to the issuance of the certificate of registration. The certificate of registration shall be issued only if the owner or keeper of the dangerous dog presents sufficient proof of the following: 1. A proper enclosure to confine a dangerous dog and posting of the premises with a clearly visible sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; 2. A surety bond as required by RCW 16.08.080 as adopted or amended, issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to Spokane County animal control in the sum of at least $250,000, payable to any person injured by the dangerous dog, regardless of whether the injury occurs on or off the owner's or keeper's premises. —Said surety bond shall provide for prior written notification to Spokane County animal control of cancellation or material change; or A policy of liability insurance as required by RCW 16.08.080 as adopted or amended, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, with a maximum $500 deductible, insuring the owner or keeper for any personal injuries inflicted by the dangerous dog regardless of whether the injury occurs on or off the owner's or keeper's premises. —Said policy of liability insurance shall provide for prior written notification to Spokane County animal control of cancellation or material change,payable to any person for personal injuries . In addition, the owner or keeper of a dangerous dog shall furnish to Spokane County animal control a corn.lete co. of the suret bond or •olic of liabilit insurance Page 6 of 8 s.ecified in this subsection -• - •.- and shall allow S.okane County animal controls a reasonable time to review the bond or policy to determine whether the liability coverage is sufficient, prior to issuing the certificate of registrations. and 34. A muzzle and leash for the dangerous dog which has been approved by Spokane County animal control;.- :__-• _ — _ _--_— :--_ :—_. _. —_ 4. A microchip implant injected for identification purposes pursuant to Spokane County Code Section 5.04.036-, and B5. The Ddangerous dogs shallmust be spayed/neutered at the owner's expensewithin 30 days of registration to complete the registration. If the dangerous dog has previously been spayed/neutered, fthe owner or keeper of the dangerous dog shall provided sufficient proof of such spaying/neutering promptly to Spokane County animal control. Any impounded dangerous dog may be transported by Spokane County animal control to a veterinarian for spaying/neutering as part of the registration process. GB. In addition to the regular dog licensing fees set forth in Spokane County Code Section 5.04.030, the owner or keeper of a dangerous dog shall pay an annual registration fee in the amount of $100.00. The registration will be valid for 12 months. -Dangerous dog registration shall be renewed every 12 months. A re-inspection of the facility is required prior to renewal. The owner or keeper shall also provide Spokane County animal control proof of proper insurance or a surety bond as specified in subsection (A) of this section prior to re-registration. DC. This section shall not apply to police dogs as defined in RCW 4.24.410. ED. The owner or keeper of a dangerous dog shallmust notify Spokane County animal control,in writing,if the dog is deceased or if the dangerous dog is to be relocated or if there is a change in ownership. In the event of a change of ownership and/or relocation of the dangerous dog, the owner or keeper shallmust provide Spokane County animal control with at least 10 days prior written notice that includes the complete address and phone number of the new owner or keeper prior to the change of ownership and/or relocation of the dangerous dog. The owner or keeper of the dangerous dog under this subsection shallmust also notify any subsequent owner or keeper of the dog's designation as a dangerous dog. -If change of ownership and/or relocation of a dangerous dog is within Spokane County, all conditions imposed under this section shall be in place for the new owner and at the new location prior to such change. Page 7 of 8 E. Dogs deemed dangerous by other jurisdictions in the state of Washington shallwill be subject to the same regulations as if they have been deemed dangerous in Spokane County. Dogs deemed dangerous by jurisdictions outside of the state of Washington, and seeking to re-locate to the City, shallwil1 be presented for evaluation by Spokane County animal control,evaluated and may be declared dangerous by the animal control director or his or her designee on an individual basis to determine whether they meet the requirements of a dangerous dog, taking into account the criteria established by Spokane County Code Section 5.04.020(8). Dogs meeting the requirements of a dangerous dog under Spokane County Code Section 5.04.020(8)this subsection shallmust be registered as such, and are subject to all other restrictions imposed under this section. GF. An owner or keeper of a dog previously deemed dangerous by Spokane County animal control and subsequently relocated outside Spokane County shall register the dog pursuant to this section prior to bringing the dog into the City. Such dogs are prohibited from re-entering the City without prior written consent from Spokane County animal control and/or full re- registration.Dangerous dog registration must be renewed every 12 months. A reinspection of the facility is required prior to renewal. The owner or keeper shall also provide Spokane County animal control proof of proper insurance as specified in subsection A of this section prior to re registration. G. Notwithstanding any other provision in this section, the animal control director may issue a provisional registration certificate under the following circumstances: 1. the dangerous dog declaration has been appealed pursuant to SVMC 7.30.035, provided all conditions of this section have been met with the exception of subsection (A)(5) of this section requiring spay/neuter; or 2. the owner is relocating the dangerous dog outside Spokane County and all conditions of this section have been met with the exception of subsection (A)(2) of this section requiring surety bond or liability insurance. A provisional permit issued pursuant to subsection SVMC 7.30.045(G)(1) shall expire 15 days following the appeal decision. —A provisional permit issued pursuant to subsection SVMC 7.30.045(G)(2) shall be valid for the sole purpose of immediate transport and relocation of the dangerous dog from the shelter to a location outside Spokane County. H. An owner or keeper of a dangerous dog who violates any conditions imposed under this section shall be guilty of a gross misdemeanor. Page 8 of 8 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of April 17,2013; 10:00 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings April 30,2013.NO MEETING May 7,2013,Study Session Format,6:00 p.m. [due Mon,April 29] 1. Crime Prevention Officer- Chief VanLeuven (5 minutes) 2.Farmer's Market Update—Mike Stone (20 minutes) 3. Budget Amendment,2013 Review—Mark Calhoun (20 minutes) 4. Lodging Tax Funding Process—Mark Calhoun (20 minutes) 5. Draft 2014-2019 TIP—Steve Worley (20 minutes) 6.Bridging the Valley—Steve Worley (30 minutes) 7. Stormwater 2014-1019 CIP&2013 CIP Project List—Eric Guth (20 minutes) 8.Manufactured Homes in Individual Lots, CTA 03-13 —Micki Harnois (20 minutes) 9. Community Development Monthly Report—John Hohman (20 minutes) 10.Advance Agenda (5 minutes) [*estimated meeting: 180 minutes] May 14,2013,Formal Meeting Format,6:00 p.m. [due Mon,May 6]] 1. PUBLIC HEARING: 2013 Amended Budget—Mark Calhoun 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Second Reading,Ordinance, SEPA Regulations—Lori Barlow (10 minutes) 4.First Reading,Proposed Ordinance,Dangerous Dog—Cary Driskell (15 minutes) 5.First Reading,Proposed Ordinance Amending 2013 Budget—Mark Calhoun (15 minutes) 6.Advance Agenda (5 minutes) [*estimated meeting: 50 minutes] May 21,2013, Study Session Meeting Format, 6:00 p.m. [due Mon,May 13] 1. Comp Plan Amendments—Mike Basinger (45 minutes) 2.Appleway Landscaping Project Update—Eric Guth (20 minutes) 3. 2013 Construction Projects Update—Eric Guth (20 minutes 4.Advance Agenda (5 minutes) [*estimated meeting: 90 minutes] May 28 2013,Formal Meeting Format,6:00 p.m. [due Mon,May 20] May Community Recognition, Presentation of Key and Certificate—Mayor Towey (5 minutes) 1. PUBLIC HEARING: Draft 2014-2019 TIP—Steve Worley (10 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Second Reading,Proposed Ordinance,Dangerous Dog—Cary Driskell (10 minutes) 4. Second Reading,Proposed Ordinance Amending 2013 Budget—Mark Calhoun (10 minutes) 5.First Reading,Proposed Ordinance CTA 03-13,Mfg'd Homes in Ind. Lots—Micki Harnois (15 minutes) 6.Motion Consideration: Approving 2014-2019 Stormwater CIP—Eric Guth (15 minutes) 7.Admin Report: Advance Agenda—Mayor Towey (5 minutes) 8. Information Only: Dept Reports;Valley Corridor EA Project Update; Planning Commission Minutes [*estimated meeting: 75 minutes] Draft Advance Agenda 4/18/2013 2:31:28 PM Page 1 of 2 June 4,2013, Study Session Format,6:00 p.m. [due Mon,May 27 1.Advance Agenda (5 minutes) June 11,2013,Formal Meeting Format,6:00 p.m. [due Mon,June 3] June Community Recognition, Presentation of Key and Certificate—Mayor Towey (5 minutes) 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading,Proposed Ordinance CTA 03-13 Mfg'd Homes in Ind. Lots—Micki Harnois(10 min) 3.First Reading Proposed Ordinance Comp Plan—Mike Basinger (20 minutes) 4.First Reading Proposed Ordinance,Zoning Map—Mike Basinger (10 minutes) 5. Proposed Resolution Adopting 2014-2019 TIP—Steve Worley (10 minutes) 6.Advance Agenda (5 minutes) [*estimated meeting: 65 minutes] June 18,2013, Special Mtg:Budget Wrkshp,9:30 a.m. —4:30 p.m. (no evening meeting) [due Mon,June 10] City Hall Council Chambers June 25,2013 No Meeting. Councilmembers Attend AWC Conference in Tri-Cities July 2,2013, Study Session Format,6:00 p.m. [due Mon,June 24] 1.Advance Agenda (5 minutes) July 9,2013,Formal Meeting Format,6:00 p.m. [due Mon,July 1] Proclamation:Parks and Recreation Month 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance Comp Plan—Mike Basinger (10 minutes) 3. Second Reading Proposed Ordinance,Zoning Map—Mike Basinger (10 minutes) 4.Admin Report: Advance Agenda—Mayor Towey (5 minutes) 5. Information Only: Dept Reports; Planning Commission Minutes [*estimated meeting: minutes] July 16,2013, Study Session Format,6:00 p.m. [due Mon,July 8] 1.Advance Agenda (5 minutes) July 23,2013,Formal Meeting Format,6:00 p.m. [due Mon,July 15] July Community Recognition, Presentation of Key and Certificate—Mayor Towey (5 minutes) 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Advance Agenda (5 minutes) [*estimated meeting: minutes] OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Transition Plan PEG Funds (Education) Appleway Landscaping Public Safety Contract,Proposed Amendment Appleway Trail Revenue Policy,Cost Recovery Arts Council Sign Code Bidding Contracts(SVMC 3.—bidding exceptions) Solid Waste Analysis CDBG Speed Limits(overall system) Coal Train EIS Spokane Valley Day at the Fair(Sept 10, 2013) Comprehensive Plan Updates(chapters 2& 5) Sprague Avenue Parking Economic Development(long term goals) Regional Transportation Issues Future Acquisition Areas Townhouses in Garden Office Gateway,Regional MOU Land Quantity Inventories: Industrial&Residential *time for public or Council comments not included Manufactured Home Zoning Draft Advance Agenda 4/18/2013 2:31:28 PM Page 2 of 2 Spokane Valley Planning Commission APPROVED Minutes Council Chambers-- City IIall, 11707 E. Sprague Ave. February 14, 2013 L CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioners,staff and audience stood for the pledge of allegiance III. ROLL CALL COMMISSIONERS Present Absent CITY STAFF Bill Bates-Chair r Erik Lamb, Deputy City Attorney Joe Stay—Vice Chair r Scott Kulrta,Planning Manager Steven Neill r° 1 Kevin Anderson r- Christina Carlsen Robert McCaslin I r Can Hinshaw, secretary Commissioner Neill was excused from the Planning Commission Meeting. IV. APPROVAL OF AGENDA Commissioner Stay made a motion to approve the agenda as presented This motion was passed unanimously. V. APPROVAL OF MINUTES Commissioner rtMeCaslin made a motion to approve the January 24, 2013 minutes as presented. This motion was passed unanimously. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioner McCaslin stated that he attended his father's memorial in Olympia. Chair Bates stated that applications are being accepted by March 12" for the vacant Planning Commission seat. Planning Commission MfniUes Page I 013 VIII. ADMINISTRATIVE REPORTS Planning Manager Scott Kuhta reviewed the Commission's Advanced Agenda, IX. COMMISSION BUSINESS A. Unfinished Business: There was no unfinished business. B. New Business: Planning Manager Scott Kuhta provided an over view of CTA-01-13,a proposal amendment to allow Townhouses in the Neighborhood Commercial zone. Mr. Kuhta reviewed the proposed setbacks and maximum height standards for Townhouses in the NC zone, specifically that the standards in the R-4 would be used. The following sections would be amended if approved: 1. 19.60.070 Supplemental Permitted Use Regulations. 2, Table 19.60-1 Commercial Development Standards. 3. Table 19.40-1 Residential Zone Dimensional Standards (in feet). Commissioner Carlson asked about lot coverage standards, Mr. Kuhta stated that the NC zone does not have maximum lot coverage standards and that the open space, storm water, parking and setbacks would limit lot coverage. Commissioner Anderson pointed out that the R-4 zone requires a minimum 5-foot setback while the regulations in 19,40-1 specify a 6-foot minimum setback and asked which one is correct, Mr. Kuhta responded that the 6-foot setback would be between the Townhouse buildings and the 5 foot setback would be from the adjacent lot. Mr. Anderson then asked why the definition of a Townhouse states that it must have 3 attached units while the standards in 19,40-1 says 6 units attached together. Mr. Kuhta responded that the two sections must read together, that a Townhome must have at least 3 units attached by definition and not more than 6 units attached per the standards in 19.140-1 Commissioner Anderson then inquired about the zoning difference between a Townhouse and a duplex. Deputy City Attorney Erik lamb stated a duplex is a single building on one lot. A town house is a separate lot and separate ownership. Chair Bates had concerns that if a developer came to the city and wanted to put townhouses in a Neighborhood Commercial zone that we would have to go thru this whole process again. Mr. Kuhta reassured Chair Bates that. once the permitted use is put back in the code, then the property owner would only need a building permit, Commissioner Anderson was curious why the legends are different colors on the Municipal map and zoning maps. Mr, Kuhta stated he will take a look at that and make sure its consistent within the map. Commissioner Carlsen made motion to allow Townhouses houses in the Neighborhood Commercial Zone as a permitted use. Planning Commission voted unanh»ously 5-0 to re coin nine rid approval of C TA-01-13, Planning Commission Minutes Page 2 of 3 GOOD OF THE ORDER There was nothing for the good of the order. X. ADJOURNMENT The being no other business the meeting was adjourned at 6,25 poin. N Bill Bates, Chairperson Can Hinshaw,PC Secretary Dale signed r P'//'..' Planning Commission Minutes Page 3 of 3 Spokane Valley Planning Commission APPROVED Minutes Council Chambers -- City Hall, 11707 E. Sprague Ave. February 28, 2013 I. CALL TO ORDER Chair Bates called the meeting to order at 6,00 p.m. II. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance III. ROLL CALL COMMISSIONERS Present Absent CITY STAFF Bill Bates-Chair � John l-Iohinan,Community Development Director Joe Stoy—Vice Chair rv. I Erik Lamb, Deputy City Attorney Steven Neill i� f Lori Barlow, Senior Planner Kevin Anderson (- Christina Carlsen lr Robert McCaslin I� f - i Cari Hinshaw, secretary IV. APPROVAL OF AGENDA Commissioner Stoy made a motion to approve the agenda as presented This motion was passed unanimously. V. APPROVAL OF MINUTES Commissioner Stoy made a motion to approve the February 14, 2013 minutes as presented. This motion was passed unanimously. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS There was no Commission Reports. VIII. ADMINISTRATIVE REPORTS Planning Commission Minutes Page 1 of 4 Community Development Director John Hohman explained that City Hall at the Mall went well with a huge influx of people. He stated it was a good environment. In addition, Mr. Hohman explained that on Tuesday March 5, 2013 he will be doing a report to city Council on the sign code, with an update of the process the City went thru to adopt the new sign regulations. Also, Mr. Hohman will be updating Council on the educational efforts on the new sign regulations & code enforcement process that the city just recently completed. Mr. Hohman stated that the City Council had a workshop on Tuesday, February 26, 2013 and that there were two items that Community Development was involved in: 1. A discussion on manufactured home park zoning. Some residents spoke to Council several times in the fall, looking for a Comprehensive Plan Amendment to provide a specific mobile home park zone that would provide protection for them. They are concerned about cases where a property owner would want to do a different type of development on the property. Right now there is a one year notice that the state requires before they can change the use of a mobile home park. 2. Staff is conducting an ongoing study for City Hall, taking a look at how much space City Hall operations require. Mr. Hohman stated they are looking at different options, both on the Sprague/Appleway corridor and elsewhere within the city, to see what's available. This will be brought back to City Council within the next few months. IX. COMMISSION BUSINESS A. Unfinished Business: Commissioner Stoy made Motion to approve the findings of fact for CTA-0.1-13. This motion was passed unanimously B. New Business: Lori Barlow presented a brief overview of CTA-02-13, a proposed amendment to increase the Categorial Exemptions as authorized by the Stale Environmental Policy Act (SEPA). Ms. Barlow covered the following items: I. Description of the Code Text Amendment. 2. Backgound for the proposed amendment. 3. Purpose of of SEPA: A tool that identifies the impacts that may result from government decisions permits regulations policies or plans. Information provided allows agencies, applicants and public to understand environmental impacts and to identify mitigation that woud lessen the impacts. 4. State and local agencies conduct SEPA reviews. 5. SEPA review process. 6. Environmental Checklist SEPA isused in the decision making process by utilizing information provided on the Environmental Checklist to identify if the project should be conditioned or denied.. Planning Commission Minutes Page 2 of 4 7. A Categorical Exemption is a Statutory provision that exempts certain projects from SEPA review(RCW 43.21C). 8. Flexible Thresholds. 9. Proposed Amendment: Ms. Barlow stated that in item number four there will be a slight deviation in the language: Up to 30,000 square feet of gross floor area and parking facilities designed for up to 90 parking spaces will be exempt from the environmental review. A sentence will be added that: a standalone parking facility up to 90 parking spaces will also be exempt from environmental review. This is consistent with the WAC. There will be no additional public notice requirements since this revision is just clarifying the intent and not making any substantive changes. Mr. Hohman added that the City has a lot of regulations on the books and SEPA duplicates a lot of efforts. The SEPA process takes six weeks and raising the categorical exemptions will streamline the process by eliminating an unnecessary review step. Increasing the thresholds results in more exempt projects, and reduces staff workload. Commissioner Anderson needed some explanation regarding the SEPA rule and adoption. Ms. Barlow explained that the City is not mandated to increase its thresholds. Ms. Barlow stated that Spokane County, Airway Heights, City of Spokane and Liberty Lake are not going through an amendment process at this time. The other jurisdictions will be waiting for the end of this coming year (2013) to see what other changes may result from the review of the SEPA rules. The City of Spokane Valley may be the first jurisdiction in the State of Washington to increase its flexible thresholds, Commissioner Anderson asked if there would ever be any jurisdictions that would not adopt the rules. Ms. Barlow responded that each jurisdiction has different regulations in place and as part of the process one must establish findings that show they have addressed all of the elements which were noted in the presentation. Ms. Barlow noted that many jurisdictions adopt the minimums, Mr. Hohman explained that Planning Manager Scott Kuhta is participating in a lot of discussions and that there may still be a lot of changes coming in the future. If there are changes, staff will come back and revise them at that time. Commissioner Stoy wanted to know when the new flexible thresholds became available, and if the checklist will be changed. Ms. Barlow stated the new rules were adopted January 28, 2013 and that the checklist will not be changed. Commissioner Stoy asked if all the flexible requirements have been looked at. Ms. Barlow stated yes all of the possible maximum thresholds are being proposed to be increased. .Commissioner McCaslin asked if the thresholds were being loosened because of complaints. Mr. Hohman explained it was not complaints that prompted them; it was a standpoint of some movement in the legislature and would we like to participate. Mr. Hohman further stated that when you look at the economy and fostering economic development the city really wants to be on the forefront of that to eliminate redundancy. Commissioner Stoy stated that in his 30 years doing SEPA's,the biggest complaint was the fees and that there is no standardization. Commissioner Bates asked how the developers will know that new exemptions are in effect. Ms. Barlow stated that with this comes a public hearing, which means publication and noticing would take place Planning Commission Minutes Page 3 of 4 and developers will be alerted to the status thin the pre-app meetings and notification through the Department's e-mail list. Mr. Hohman also discussed that this is specific to the development code and once adopted by ordinance it is what they will be working with. He noted that the SEPA checklist can be found on the website under: Community Development/Planning and Zoning/Applications and Forms/State Environmental Policy Act (SEPA) Checklist. Commissioner Bates asked if there was any way that flexible thresholds can be construed as a developer's agreement like there are with other regulations. Mr. Hohman stated no. X. GOOD OF THE ORDER There was nothing for the good of the order. XI. ADJOURNMENT The being no other business the meeting was adjourned at 7:04 p.m. c Bill Bates, Chairperson J --ti- Cari IIinshaw,PC Secretary Date signed Planning Commission Minutes Page 4 of 4 Spokane Valley Planning Commission APPROVED Minutes Council Chambers— City Hall, 11707 E. Sprague Ave. March 14, 2013 I. CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance III. ROLL CALL rCOMMISSIONERS CITY STAFF BILL BATES-CHAIR SCOTT KUHTA,PLANNING MGR,AICP JOE STOP—VICE CHAIR LORI BARLOW,SENIOR PLANNER STEVEN NEILL CARY DRISKELL,CITY ATTORNEY MICHAEL PHILLIPS KEVEN ANDERSON CHRISTINA CARLSEN ROBERT MCCASLIN CARL HINSHAW,SECRETARY Chair Bates welcomed and congratulated Mike Phillips for being appointed to the Planning Commission. IV. APPROVAL OF AGENDA Commissioner Stoy made a motion to approve the agenda as presented. This motion was passed unanimously. V. APPROVAL OF MINUTES Commissioner Neill made a motion to approve the February 28, 2013 minutes as presented. This motion was passed unanimously. VI. PUBLIC COMMENT There was no public continent. VII. COMMISSION REPORTS Commissioner Carlsen was invited up to Mead High Schools Medical Program. Ms.Carlson stated that she invited the students to come and check out a Planning Commission meeting in the future. On March 6, 2013 Chair Bates attended the Mayors State of the City presentation out at the mall, Commissioner Bates also attended the Open House on Monday March 11, 2013 for the proposed Appleway Trail. Chair Bates stated that the turnout was standing room only and it seems that people are really interested in the project. Planning Commission Minutes Page 1 of 3 VIII. ADMINISTRATIVE REPORTS Planning Manager Scott Kuhta shared that the city is looking at doing a shared use path between University and Evergreen. Ideas from the community were such things like: linear type parks, community gardens, rocks and benches for kids, and dog parks.. Mr. Kuhta reminded the Commission about the City's ten year anniversary which is March 31,2013. The celebration would be on Saturday March 16,2013. IX. COMMISSION BUSINESS Chair Bates called the Public Hearing at 6:12 p.m. Public Hearing: The Public Hearing was addressed by Senior Planner Lori Barlow. Ms. Barlow did a highlight and overview of CTA-2013-0002, an amendment to the Spokane Valley Municipal Code, to update SEPA Categorical Exemptions, Proposed changes include increasing the flexible threshold for minor new construction in the Categorical Exemptions Section of SVMC 21.20.040, consistent with WAC 197-11-800. Ms. Barlow shared that thru the course of the review, there were some carry over effects in Chapter 24.50, some minor housekeeping changes and that on April 11, 2013 there will be a separate public hearing for those proposed changes. Chair Bates asked if there were any questions: Commissioner Neill asked if there has been any negative feedback. Senior Planner Lori Barlow and Planning Manager Scott Kuhta stated that there have been no negative feedbacks here. Mr. Kuhta explained that through the committee he was involved in over in Olympia at the Department of Ecology Head Quarters there were some groups that had concerns about increasing the thresholds. This is fairly straightforward for Spokane Valley. Mr. Kuhta stated that Spokane County and the City of Spokane did not attend the meeting in Olympia, Mr. Kuhta discussed that the Department of Ecology appointed the committee members and the Association of Washington Cities provided the names. If someone from the cities wanted to go they could have contacted the AVv"C. Mr. Kuhta was the lone city representative from eastern Washington, Mr. Kuhta has attended three meetings in Olympia. Commissioner McCaslin was wondering if any past projects have been denied due to SEPA. Ms. Barlow stated she did not think historically there has ever been a project denied, but shared that we are over the aquifer and potentially as a single source aquifer. Should a project be proposed that would have negative impacts too our aquifer than a jurisdiction could use the SEPA tool as the authority to deny that project. Mr. Kuhta explained that transportation concurrency requires the City to look at impacts of a development on intersections which have an established level of service, specifically how much delay there is at an intersection. If the level of service at an intersection drops below the City's standards as a result of a development and there is no fix for that intersection then legally the City cannot approve that development. Ms, Barlow reiterated that the Chapter 24.50 will come as a separate item on April 11, 2013 and it will be merged together in the council review process. Chair Bates closed the Public Hearing at 7:00 p.m. Planning Commission Minutes Page 2 of 3 Commissioner Stoy moved to recommend CTA-2013-0002 to the City Council for approval. This motion was passed unanimously. X. GOOD OF THE ORDER Chair Bates handed out a booklet to the Planning Commission titled Suggestions for Successful Municipal Leadership from the Association of Washington Cities, Mr. Bates stated that there are some good suggestions in the booklet and thought the Planning Commission might enjoy taking a look at it. XI. ADJOURNMENT The being no other business the meeting was adjourned at 7:02 p.m. Bill Bates, Chairperson /43) ° Carl Hinshaw,PC Secretary Date signed 7('y-I Planning Commission Minutes Page 3 of 3 SPOKANE VALLEY FIRE DEPARTMENT ' `4/ o 1ST QUARTER REPORT cc,. 4,57...) ,-,. January/February/March 4ZIP- FIRE DEPT. Letter From the Chief y _ Hello, I am Bryan Collins, the newest member of the Spokane Valley Fire Depart- ment. I was sworn in as the new Fire Chief effective March 1, 2013. I come to the Spokane Valley from the Northern California Bay Area where I was raised and worked in the fire department for nearly 28 years. Most recently, I served as the Assistant Chief of Operations with the San Ramon Valley Fire Protection District .. which is in the East Bay Area outside San Francisco. it The Spokane Valley Fire Department (SVFD) serves over 125,000 citizens that live within Spokane County with all risk fire and emergency services that include emergency medical calls, fires, hazardous material releases, auto accidents, tech- ,. . / nical and water rescues, fire and life safety plan reviews, fire prevention and inspection services, arson investigation, and public education. I am extremely proud to be a member of an organization that values the quality of the services it provides and provides those services with exceptional personnel from the support staff to the firefighters that are responding in the fire engines and trucks. I am looking forward to learning about the organization and the communities that we serve, along with working alongside our personnel who deliver the high quality services that our communities support and expect. The SVFD will continue to be well managed, fiscally responsible, and transparent with our taxpayers' monies, along with being adaptable to the ever-changing needs of our communities. Providing quality services while experi- encing increasing demands for service, population growth, and shifting demographics are just a few of the challenges that we face in the coming year. I am confident that the men and women of the Spokane Valley Fire Department will meet those challenges and continue to be a leader in fire and emergency services delivery in the State of Washington. Please Stay Safe! Bryan Collins, Fire Chief SVFFBA l lth Annual Cask& Keg Wine and Beer Tasting O Auction is Friday, April 19 from 6:30 - 10:30 PM Spokane o '5 Spokane Events & Catering Valley a ` . 10512 E. Appleway Ave., Spokane Valley,WA. Firefighters CD Benevolent Tickets: $40 advance purchase, $45 door AMMO intion Contact: John Nelson(509) 998-1987 PROMOTIONS,) -0c- 'it mil * y Captain Captain Captain *4( Assistant Fire Marshal Rich Bruce Ray Moeckel ** Dan Ward Steve Neff * 02/16/13 02/16/13 ' 02/16/13 03/01/13 SPOKANE VALLEY FIRE DEPARTMENT -. EMS DIVISION 3'S CODE-STAT The Spokane Valley Fire Department, along with the support of our Medical Advisor Dr. Wolff, approved the purchase of a software program from Physio- ,. Control called CODE-STAT. The program will allow our personnel to view our own r 'I cardiac arrest data. Using the Redmond Fire Department's (Redmond, Washing- t. ton) code stat program as a template, the Spokane Valley Fire Department anticipates increased success rates from sudden cardiac arrest by using the CODE -STAT software. You don't know what you need to concentrate on to improve cardiac arrest survivability if you don't collect the data. Our approach will be as follows: • Quality Improvement instead of Quality Assurance • Generate reports showing hands-on compression ratios and compressions per minute, plus a minute by minute record showing compression interruptions • Peer review of cases by fellow Paramedics and our medical advisor • Rapid feedback to our EMT crews by our Paramedics that partnered on the call • Monthly review of statistics • Mock cardiac arrests (Medics and EMTs, as teams, practicing to finely choreo- graph cardiac arrest calls.) Randy Olson, EMS Battalion Chief }- — , TRAINING DIVISION i yep This past three months, the Spokane Valley Fire Department's Training Division has been involved with conducting a fire recruit academy for ten weeks and are 'L` ..= happy to announce the addition of eight new fire recruits. These recruits have received their IFSAC Firefighter I certifications and will complete IFSAC Firefighter x= •-• II certification during their next seven months of probation. These new recruits have also received their first station assignments and are working as Firefighters now Recruit Burn Training assisting members of our community during emergency responses. The Training Division has recently completed two weeks of conducting night train- ing drills for our Firefighters. These drills consisted of crews finding a "lost" Fire- fighter and Firefighters conducting search and egress operation scenarios in heavy smoke conditions. This training has built confidence and helped us identify areas + where we can improve. I - ,. Our Training Division is also currently conducting MCI (Mass Casualty Incident) II training with the assistance of Spalding's Pull and Save. This training (Triage) will help us to immediately identify patient's needs and provide prioritized care and •i V. " transport to a treatment facility. This will help with ensuring a more positive out- come for patients involved in this type of event. _ p Yp Page 2 Mark Hill, Captain/Training Officer 1 ST QUARTER REPORT January/February/March HEALTH TIP: KNOW YOUR NUMBERS WELLNESS Your cholesterol,blood pressure,blood sugar, and body mass index The Spokane Valley Fire Department is preparing for our Department biennial, numbers are key Wellness Fair. The Wellness Fair is for Department employees, spouses, and their indicators of your risk for children, plus a limited group of retirees. The Wellness Fair will include Health serious illness. If you Screenings (blood pressure, blood sugar, cholesterol, body mass index, weight, know these important numbers,you can make and height), plus there will be Peer Fitness Trainers available for consultation, changes to improve your health vendors, and nutrition tips. health and reduce your Randy Olson, Wellness Coordinator risk of developing heart disease, diabetes, and other serious illnesses. CERT Spring is in the air. As you go about your spring chores to get ready for the 1 . warmer weather have you considered going through your emergency prepared- 3 L ness supplies? Do those batteries in your old flashlight work, or have they become a white, leaky mess? Is your water supply still potable, or does it smell like - plastic? How about your food provisions...outdated? Does that emergency radio still work? When was the last time you looked at that fire extinguisher? Have you updated your emergency contacts list...just in case? ` ��>_ ""� 17-T ,.�,r " Spring is a great time to remind us to prepare for the upcoming summer and any . _ - events that might keep us "homebound" for a couple of hours or a couple of 1 „Bs days. Are you prepared for a severe storm, wildfires, or a manmade disaster? If your answer to any of these questions was no, you've got some emergency - 1 . ' , , , -, preparedness chores to do! Mark Hill, CERT Program Manger Emergency Preparedness Kit NEW HIRES K it .z. * ti 7 Firefighter ,k I. Firefighter Firefighter ` ' ,O-° `� Trevor Britton Tyson Wilcox Ken Witter iN, 01/02/13 -Or /02/13 01/02/13 .'9 , lE_ � rf * , Firefighter Firefighter Firefighter # Ian LeBaron Kody Wright Seth Firestone / 01/02/13 � 01/02/13 01/02/13 Administrative Assistant Tina Sheldon * 03/01/13 Firefighter Firefighter Fire Chief Swanson Jeffrey Caldwell 'Or, , f_ ," Bryan Collins ` 01/02/13 `ter' 01/02/13 03/01/13 *lc, Page 3 SPOKANE VALLEY FIRE DEPARTMENT PREVENTION DIVISION 41't Pf Barbecue season is right around the corner, remember BARBECUE SAFETY! • Make sure that the barbecue is not near any material that could catch fire. • Only open the propane tank one-quarter to one-half turn. That is all the gas the barbecue needs to operate, and if you encounter a problem it is much quicker to turn it off. • Always open the barbecue lid before you light it If your barbecue does -r not light up the first time you try it, shut it off and try again in 5 minutes. • Stay with your fire, from the time you first light the barbecue until you finish cooking. • Accidents can happen when you leave a barbecue unattended. • If you use a barbecue lighter, never set it down where children can have access to it. • When finished cooking, remember to shut off the propane tank as well as the barbecue. Propane grills... • Start the season by first inspecting your barbecue, and remember to do this every time you change the propane tank as well. • Spray soapy water on all connections, and supply lines. If you notice bubbles you have a leak. Turn off the tank and inspect all connections for tightness and hoses for damage. • Remove the grates and lava rocks, and inspect the burner. If it visually looks good, then fire it up and make sure you have even flame through- out. If you don't have an even flame, replace the burner with a new one. Most burners only last one to two seasons, depending on how often you use your barbecue. Inspect all parts for rust or cracks, and repair as needed. 6 Charcoal grills... ' • Never use gasoline to ignite the coals; use only approved lighter fluid. C, - • Let the lighter fluid soak into the coals for a minute or so before lighting. ` ' f This will give the explosive vapors a chance to dissipate. Never wear loose fitting clothing, and stand back from the coals when you ignite them. , • Before you light the coals, remove the lighter fluid from the area of cook- ' ' ing. • If the coals start to die out, do not spray lighter fluid on the hot coals. You � t c could end up with explosive results. • When you clean you barbecue, put ashes and coals in a metal container, and place the container away from all combustibles. • REMEMBER --- It is your landlord's right to limit or prohibit the use of bar- becues on decks or balconies. Be sure to adhere to any limitations contained in your rental agreement. If you are not sure, check with your on-site manager. Prevention Articles Provided by Bill Clifford, PIO/Assistant Fire Marshal Page 4 1ST QUARTER REPORT January/February/March PREVENTION DIVISION Fire Hydrants Spokane Valley Fire crews will be out testing fire hydrants during the months of April and May, 2013. Please be cautious when driving around any emergency vehicle as the crews may not see you. P Please be aware when landscaping your yard that a 3 foot clear space must be main- tained around the circumference of all fire hydrants. This is to include but not limited to fences, posts, trash, and growth. It is illegal to park within 15 feet of a fire hydrant, you could receive a citation. A 50 foot sight distance is required as to not hide or obstruct any fire hydrants. Burn Barrels and other Illegal Burning Burning garbage has been prohibited in Spokane since the 1970s. The only material that may be burned legally in Washington (under specific guidelines and depending upon where you live) is unprocessed natural vegetation. In 2000 the state legislature banned burn barrels statewide. Therefore, even natural vegetation may not be burned __ in a burn barrel. Smoke from burn barrels is noxious because the fires burn at low temperatures, receiv- __4-.: ing very little oxygen and producing excessive smoke and other toxic substances. Keep Safe Keep Going Program For 25 years, the Change Your Clock Change Your Battery® campaign has urged Americans to change smoke alarm and carbon monoxide detector batteries when changing clocks back to standard time each fall. International Association of Fire Chiefs have extended their efforts to also include a spring and summer preparedness reminder to help people stay safe during power outages that may occur from severe weather. 444 -- The Energizer Keep Safe Keep Going campaign encourages citizens to make sure they 4 ;(! have a well-stocked emergency power kit prepared when power outages strike. It also ) 4 reminds them to never use candles for light during blackouts. It is important to remain }' w prepared and ready for any severe weather that may arise, especially during the spring and summer, when storms are most prevalent. On the first day of spring, the Spokane Valley Fire Department reminded and encour- aged citizens to prepare an emergency power kit for their family and to make sure it included fresh batteries, flashlights, and battery powered radios. RETIREMENTS Fire Chief - - Firefighter Captain Mike Thompson Mike Taylor Hank Williamson 2005-2013 1984-2013 . , 111- 1976-2013 Page 5 1ST QUARTER REPORT January/February/March INVESTIGATIONS Spokane Valley Fire Department investigators conducted twenty-five investigations within the jurisdiction, four of which involved criminal acts. Of the four investigated criminal incidents, two were cleared either by arrest or exceptional clearance. Additionally, investigators responded to two requests for mutual aid outside the jurisdic- tion, both of which were requests for our Accelerant Detection K9, Mako. One of the incidents ended in the individual being referred to the Spokane Regional Clean Air Agency for further investigation into the illegal burning of refuse and other combustible material. It is illegal to burn construction material or yard debris within the Spokane Valley Fire Department jurisdiction. For questions concerning recreational fires or other burning restrictions, please visit www.spokanevalleyfire.com, or call (509) 928-1700. There were seven "Accidental" fires caused by "Heating" appliances, with "Electrical" a close second at five fires. Twelve of the twenty-five fires occurred at "Residential" properties, while five fires occurred in "Mobile" properties, including cars, trucks, and motor homes. The estimated total damage caused by fire as of April 1, 2013, exceeded $284,000, with approximately $2,000 associated with criminal fires. Clifton Mehaffey, Deputy Fire Marshal Questions? For additional information regarding I rilrl Safety & Education, please visit our website at www.spokanevalleyfire.com EMPLOYEE SPOTLIGHT Employee Name: Bryan Collins e '` Hire Date: March 1, 2013 ' - ..... Current Position: Fire Chief Marital Status: Married Do You Have Any Children? Yes, two. How long have you been an employee of Spokane Valley Fire Department? One month. What are your responsibilities at work? Oversee the day to day operations of the fire department. Ensure the Board of Fire Commissioners policy direction is implemented to protect our communities. What is challenging about your job? Balancing and managing time vs. the constant needs of the department, its employees, and the community. What high school did you attend? Mt. Diablo High School. Who is your hero? My wife, of course. What accomplishments are you most proud of? My marriage of twenty-six years & two wonderful children. All the outstanding people that I helped developed into leaders. What are your interests outside of work? Bicycling, Hiking, Boating—pretty much anything outdoors. What is your favorite TV show? The Mod Squad. What is your favorite movie? "The Good, The Bad, and The Ugly." What is the last book you read? It's Even Worse Than It Looks: How the American Constitutional System Collided With the New Politics of Extremism by Thomas E. Mann and Norman J. Ornstein. MEMO TO: Mike Jackson, City Manager FROM: Rick VanLeuven, Chief of Police DATE: April 15,2013 RE: Monthly Report March 2013 March 2013: March 2012: CAD incidents: 4,897 CAD incidents: 4,797 Reports taken: 1,790 Reports taken: 1,644 Traffic stops: 1,260 Traffic stops: 1,336 Traffic reports: 293 Traffic reports: 335 CAD incidents indicate calls for service as well as self-initiated officer contacts. Hot spot maps are attached showing March residential burglaries, traffic collisions, vehicle prowlings, and stolen vehicles. Also attached are trend-line graphs for 2009, 2010, 2011, 2012 and 2013: Citations, Spokane Valley Dispatched Calls, Self-Initiated Calls, Collisions, Persons Crimes, Property Crimes, and Sex Crimes. Also included is the March Crimes By Cities stats report. This report reflects incidents that occurred in a specific city to which a deputy from Spokane County took the courtesy report. For instance, an individual may have had his car stolen in Airway Heights, and he waited until he returned home in Newman Lake to make a report. In 2011, we switched from UCR to NIBRS classification. As a result, certain crimes were broken down to their violation parts for NIBRS and each part is now counted. Consequently, comparing certain crimes before 2011 to crimes during or after 2011 is not possible using the graphs. The crimes that are impacted by the NIBRS classification changes and should not be compared to prior graphs include: Adult Rape,Assault, Forgery and Theft. ADMINISTRATIVE: Chief Van Leuven attended in early March a conference on Public Records Disclosure for Law Enforcement and Public Safety. This is an annual conference and always provides an excellent update to the rules of public disclosure and recent case law. Chief VanLeuven traveled to the Tri-Cities area in early March to attend a Joint Terrorism Task Force briefing with other high-level law enforcement officials. Along with the above, there were a number of monthly and quarterly meetings in March that Chief VanLeuven attended on behalf of the Spokane Valley Police Department and/or the Sheriffs Office. Page 1 COMMUNITY ORIENTED POLICING: S.C.O.P.E. participated in the following events during the month of March: • Take 25 organizational meeting • GSSAC Coalition Meeting • SIRT(S.C.O.P.E. Incident Response Team)meeting • CERT (Community Emergency Response Team)meeting • Operation Family ID March 2013 Volunteers Hours per station: Location #Volunteers Admin Hours L.E. Hours Total Hours Central Valley 15 771.0 0 771.0 Edgecliff 19 506.0 0 506.0 Trentwood 4 260.5 0 260.5 University 27 680.5 245.5 926.0 TOTALS 65 2,218.0 245.5 2,463.5 Volunteer Value ($21.62 per hour) $53,260.87 for March 2013 S.C.O.P.E. Incident Response Team (SIRT)volunteers contributed 17 on-scene hours (including travel time) in March, responding to crime scenes, motor vehicle accidents and providing traffic control. Of those hours, 5 hours were for incidents in Spokane Valley. Total March volunteer hours contributed by SIRT, including training, stand-by, response and special events is 512; year-to-date total is 1,527 hours. S.C.O.P.E. DISABLED PARKING ACTIVITY REPORT City of Spokane Valley # of #of Hrs #of Disabled #of #of Non - Vol. Infractions Warnings Disabled Issued Issued Infractions Issued January 6 123 22 0 0 February 4 83 11 0 0 March 7 147.5 36 0 0 Total 17 353.5 69 0 0 Spokane County # of # of Hrs #of Disabled #of #of Non - Vol. Infractions Warnings Disabled Issued Issued Infractions Issued January 2 2 0 0 0 February 2 6 0 0 0 March 3 31 0 0 0 Total 7 39 0 0 0 Page 2 There were 35 reports of juveniles who ran away from their home in Spokane Valley during the month of March 2013, 2 of which remain unsettled. Out of the 35 reports, 7 of the reports involved juveniles running from a group home; 5 of the 7 reports involved the same two male juveniles repeatedly running away. Abandoned vehicles tagged by S.C.O.P.E. volunteers for impoundment in Spokane Valley in February totaled 10 and in March 13 with 4 vehicles in February and 2 in March, respectively, eventually cited and towed. Twenty-two hulks were processed in February and 17 hulks processed in March. During the month of March, a total of 53 vehicles were processed; the total for 2013 to date is 169. OPERATIONS: Armed Robbery at Spokane Valley Residence - In early March, Spokane Valley Sheriff's deputies responded to the area of the 2300 block of S. Bannen Road for a report of an armed robbery that occurred just before 5:00 a.m. The victims stated two males wearing all dark clothing, with the hoods of their sweatshirts up, forced their way through the backdoor of the residence. Both suspects displayed handguns but no one was injured during the incident. Additionally the suspects are described as males, 6' and approximately 200 pounds. One of the victims may have observed one of the suspects earlier in the evening around 2:15 a.m. walking around the area. At this time, this incident does not appear to be random and the investigation continues. Anyone with information about this incident or can help identify these suspects is urged to call Crime Check at 509-456-2233. Units Work Together to Arrest 3 Suspects — In early March, members of the Spokane Valley Sheriff's Property Crimes Unit and the Spokane County Sheriff's Office Investigative Task Force, with the assistance of the Sheriff's Office SWAT Team, arrested three people in connection with several burglary and theft investigations. The events started just after 6:00 a.m. when detectives learned a pair of prolific thieves, a 26-year-old female and a 27-year-old male, were staying in a room at the Ramada Inn located on Sullivan in Spokane Valley. A search warrant was obtained for the location and the SWAT Team was requested to assist. Contact was made with the married duo in the parking lot of the motel at approximately 8:30 a.m. and both were arrested without incident. Detectives continued to try and locate the third suspect in this investigation, a 32-year-old male. Detectives observed this male suspect leaving a storage facility on East Sprague as a passenger in an SUV. When additional units arrived to assist, a traffic stop of the vehicle was conducted in a parking lot located on the southwest corner of University Rd. and Sprague Ave. and that male was taken into custody without incident. All three were transported and booked into the Spokane County Jail for the listed felony charges: Female - Trafficking Stolen Property 1st Degree and Possession of Stolen Property 1st Degree; 1st Male - Trafficking Stolen Property 1st Degree; and, 2nd Male - Possession of a Controlled Substance, Methamphetamine and a DOC Probation Hold. This investigation into burglaries, theft, identity theft and possession of controlled substances in Spokane County and Spokane Valley is on-going and additional charges are expected. Trail-Head Vehicle Prowlings — In early March, there were multiple reports of vehicle prowlings occurring at trail-heads along the Centennial Trail. These incidents were taking place in the parking lots where victims have left valuables in plain view inside their vehicles. These items included electronics such as I-pads and GPS units, wallets, purses, brief cases and other valuables left out in the open. The Sheriffs Office would like to remind the public to either lock these valuables inside the Page 3 trunk of their vehicle before you arrive at the trailhead or leave them at home. As always, anyone witnessing suspicious activity at these trail-heads is urged to either call 911 or Crime Check at 509- 456-2233. $16,000 In Cards Taken From Valley Business—In late March, Spokane Valley Sheriffs Deputy C. North responded to Spokane Valley Sports cards located near the 9400 block of East Sprague Ave. The business owner told Deputy North that sometime between March 21st and March 23rd, his business was burglarized. The owner said that $10,000 worth of vintage baseball and football cards were stolen, as well as $6,000 worth of celebrity cards. The owner of the business stated the sports cards are extremely valuable. Many of the cards are vintage 50's and 60's era. Crime Stoppers is offering a cash reward for anyone providing information in this case resulting in the arrest and conviction of the suspect(s). Persons with information should call the Crime Stoppers Tip Line at 1- 800-222-TIPS, or should forward the tip via the Internet website: www.crimestoppersinlandnorthwest.org. Tipsters do not have to give their name to collect the cash reward. Crime Stoppers of the Inland Northwest is a civilian organization that promotes public safety by paying cash rewards for information that solves crimes. It is not affiliated with law enforcement. Central Valley High School Bomb Threat Update — In late March, Spokane Valley Sheriffs Deputies investigated a bomb threat at Central Valley High School. Due to the nature of the threat, Central Valley School District officials chose to cancel class at the high school for the day to ensure the safety of the students and staff. Two Fairchild Air Force Base K-9 units were utilized and cleared the school. Sheriffs School Resource Deputy Cole Speer investigated the threat and approximately one week later made an arrest as the result of his investigation. A 15-year-old juvenile female student was arrested for making the threat, a felony charge. According to Deputy Speer's investigation, the threat was made because the suspect was not prepared for an assignment due in class. The juvenile female was booked into the Juvenile Detention Center. Spokane Violent Crime Gang Enforcement Team Arrests Suspect for Possession of Methamphetamine—In late March, the Spokane Violent Crime Gang Enforcement Team assisted US Federal Probation Officers and arrested a 27-year-old male at 7100 E. Mansfield in Spokane Valley after information was received that the male was involved in possession of controlled substances. An inspection of his residence,which is allowed based on his probation status,revealed a large quantity of suspected methamphetamine. The male was arrested and a federal search warrant was obtained by task force officers. During the subsequent search of the residence, about one-half pound of the substance was seized. It tested positive for methamphetamine. Additional evidence was also secured. The male was booked for Possession of Controlled Substance with the Intent to Distribute. The male suspect is a nine-time convicted felon for drugs and firearms related charges. This case is a perfect example of the excellent cooperation and coordination of information between the WA State Department of Corrections, SVCGET and the US Federal Probation Office. The Spokane Violent Crime Gang Enforcement Team consists of Officers from the Spokane Valley Police Department, Spokane County Sheriffs Office, Spokane Police Department, Washington State Patrol, Department of Corrections, U.S. Border Patrol,A.T.F, and the F.B.I. Any additional witnesses or persons with information related to this, or any other gang related incident, are encouraged to contact the Spokane Police Violent Crime Gang Enforcement team at 625-GANG (4264) or online at www.stopspokanegangs.org. Persons providing information can remain anonymous. Page 4 Identity Theft Conviction - On March 28, 2013, the Honorable Spokane County Superior Court Judge Cozza sentenced a 24-year-old male suspect to 54 months state custody, and $60,847 in restitution, following his plea of guilty to multiple identity theft and drug charges. The male's plea and sentencing was the result of a lengthy investigation conducted by the Spokane County Sheriffs Office's Investigative Task Force & Investigative Support Unit, and Spokane Police Department Fraud Unit, with outstanding collaboration between the Spokane County Prosecutor's Office and United States Attorney's Office. The investigation showed that from November 2011, to September 2012, the male suspect and others conspired to engage in a scheme to defraud credit companies, banks, and, local Spokane area merchants by using stolen victim profile information that included names, dates-of- birth and Social Security Numbers. This information was used to fraudulently apply for, and use, unauthorized lines of credit. The male suspect and others located and developed over 70 victims' profile information from various internet websites, then fraudulently opened credit accounts via the internet at financial institutions such as Credit One, Capital One, USAA, G.E. Moneybank, and Bill Me Later. Upon successfully opening the fraudulent accounts, the male suspect directed the credit cards to be mailed to various addresses within Spokane County. The male suspect solicited persons living at these addresses to receive these cards and related mail in furtherance of the conspiracy. The male suspect and others used these fraudulent credit accounts to make numerous purchases at local area merchants in Spokane County, such as Wal-Mart, Home Depot, Best Buy, Fred Meyer, Nordstrom's, and others, causing $60,847.03 in losses. The investigation remains ongoing, and arrests of additional co-conspirators are expected. The Spokane County Sheriffs Office Investigative Task Force is comprised of Detectives and Special Agents of the Spokane County Sheriffs Office, Social Security Administration, Office of Inspector General, U.S. Postal Inspection Service and U.S. Secret Service. Spokane Valley Burglars — In late March, Spokane Valley Property Crimes Detectives served a search warrant near the 14100 block of East 23rd Avenue. This warrant was the result of an investigation that included multiple residential burglaries where several jewelry items were stolen. Detectives recovered several pieces of jewelry at the residence of a 21-year-old male and 25-year-old female, who were both arrested at the scene. The male suspect was booked into the Spokane County Jail for Residential Burglary and the female suspect was booked for Trafficking In Stolen Property. The investigation is ongoing and additional arrests are expected. Photographs of the recovered jewelry are available for viewing on the Spokane Valley's Facebook page. If you can identify any of the recovered items you are asked to contact Detective Darin Staley at 509-477-3363. Reference incident #13-95366. *************** Page 5 2013 MARCH CRIME REPORT To date: Yearly totals: Mar-13 Mar-12 2013 2012 2,012 2011 2,010 2009 2008 2007 BURGLARY 87 61 266 189 1062 1027 936 725 753 584 FORGERY 78 60 227 206 826 593 341 297 354 365 MALICIOUS MISCHIEF 161 123 417 382 1770 1566 1183 1245 893 1,265 NON-CRIMINAL 12 6 29 23 108 160 917 892 944 839 PROPERTY OTHER 107 107 315 284 1236 1126 837 933 828 890 RECOVERED VEHICLES 40 18 129 94 446 416 365 187 319 343 STOLEN VEHICLES 51 30 155 130 586 566 496 298 496 478 THEFT 242 179 720 561 2636 2512 2365 2162 1,846 1,881 VEHICLE OTHER 22 24 70 58 287 195 3 5 7 3 VEHICLE PROWLING 125 61 306 216 1165 1491 1395 920 1069 682 TOTAL PROPERTY CRIMES 925 670 2,634 2,144 10,328 9,615 8,852 7,668 7,513 7,338 ASSAULT 72 93 192 257 936 963 895 927 869 853 DOA/SUICIDE 18 31 55 71 256 213 188 210 269 221 DOMESTIC VIOLENCE 41 48 146 117 600 714 1297 1226 1063 874 HOMICIDE 0 0 0 1 2 3 1 3 3 1 KIDNAP 1 3 3 3 17 15 16 21 16 23 MENTAL 22 27 69 80 270 253 289 310 360 350 MP 14 7 42 33 154 125 128 115 95 83 PERSONS OTHER 263 253 801 734 3112 2484 1692 1621 1,354 1,337 ROBBERY 9 7 23 15 79 98 68 75 71 60 TELEPHONE HARASSMENT 8 21 39 47 212 162 153 159 95 73 TOTAL MAJOR CRIMES 448 490 1370 1358 5638 4997 4727 4,667 4,195 3,875 ADULT RAPE 4 2 17 18 89 67 44 35 44 43 CHILD ABUSE 3 2 4 9 27 89 115 159 148 104 CUSTODIAL INTERFERENCE 14 11 37 33 190 184 206 157 86 92 SEX REGISTRATION F 0 1 0 1 8 2 1 2 3 4 INDECENT LIBERTIES 3 2 7 5 27 17 8 10 11 18 RAPE/CHILD 1 0 3 2 13 23 28 35 39 31 RUNAWAY 34 49 113 160 530 510 490 440 369 295 SEX OTHER 0 2 11 5 38 56 215 211 179 194 STALKING 1 3 6 5 24 19 18 15 21 17 SUSPICIOUS PERSON 25 36 100 108 424 341 215 175 142 152 TOTAL SEX CRIMES 85 108 298 346 1370 1294 1387 1271 1,108 996 TOTAL ITF 39 41 101 126 430 521 542 671 838 808 TOTAL TRAFFIC REPORTS 293 335 940 1067 3957 3569 3081 3,183 3,811 3,800 TOTAL REPORTS RECEIVED 1,790 1,644 5,343 5,041 21,723 19,996 18,589 17,460 17,465 16,817 O NC) O O O O N N N N f 1 I ifi • 7' U 0 > • O z I- • U O CD w To • • w > u) 0 c cv 0 lit* D U) iii _i H 0 • D c M O E) L cQ U ct 7 • Q Et X • • Q \ 2 co w w X. 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PUBLIC WORKS DEPARTMENT MONTHLY REPORT March 2013 AGREEMENTS FOR SERVICES ADOPTED AND IN OPERATION Total /of Contract Expended Contract Name Contractor Amount as of Contract 3/31/13 Expended Street Maintenance Poe Asphalt $1,366,663.00 $124,614.77 9.12% Street Sweeping AAA Sweeping $490,199.94 $140,878.20 28.74% Storm Drain Cleaning AAA Sweeping $189,990.00 $0.00 0.00% Snow Removal Poe Asphalt $140,000.00 $24,244.08 17.32% Landscaping Ace Landscaping $90,803.72 $0.00 0.00% Emergency Traffic Control Senske $10,000.00 $1,797.67 17.98% Litter and Weed Control Geiger Work Crew $60,000.00* $11,486.34 19.14% State Highway Maintenance WSDOT $215,000.00 $38,166.13 17.75% Traffic Signals, Signs,Striping Spokane County $632,000.00 $60,010.28 9.50% Dead Animal Control Brad Southard $15,000.00 $6,565.00 43.77% * Budget estimates Citizen Requests for Public Works 90 80 o 70 tl tu 60 a 50 cz c 40 a 30 u 20 4 10 C I 0 Total 1 Citizen Storm Dead Sign& Roadway Pothole Street Traffic Requests Drainage Animal Signal Graffiti Hazard Requests Sweeping Requests Public /Erosion Removal Requests Works •Submitted 78 9 15 12 11 11 1 6 13 •In Progress 2 0 0 1 0 0 0 0 1 ii Resolved 76 9 15 11 11 11 1 6 12 A *Information in bold indicates updates 1 WASTEWATER Status of the process can be monitored at: http://www.spokaneriver.net/ http://www.ecy.wa.gov/programs/wd/tmdl/spokaneriver/dissolved oxygen/status.html http://www.spokanecounty.org/utilities/WaterReclamation/content.aspx?c=2224 and http://www.spokaneriveroartners.corn/ REGIONAL SOLID WASTE SYSTEM Staff attended regional strategy meetings with Spokane County and City of Spokane regarding development of an RFP to solicit proposals from consultants to evaluate alternatives for solid waste management and disposal. Three proposals were received on March 7, and interviews were conducted on March 21. Upon completion of the interviews, the selection committee made a recommendation to the County Commissioners to select HDR's proposal. The Commissioners are scheduled to review the committee's recommendation in early April. PAVEMENT MANAGEMENT PLAN A contract has been executed with IMS to prepare the 2013 update to the Pavement Management Plan, Street evaluations are currently scheduled to begin in April. CAPITAL PROJECTS (See attached Capital Projects Spreadsheet) STREET MAINTENANCE ACTIVITY The following is a summary of Public Works/Contractor maintenance activities in the City of Spokane Valley for March 2013: O Snow and Ice Operations. o Gravel road grading. • Pothole patching and gravel shoulder repair. • AAA Sweeping began vactoring drywells and catch basins. O Poe subcontractors completed stormwater repairs throughout the City. O The Geiger crew continued with garbage pickup on arterials and miscellaneous projects in rights of way throughout the city. O AAA Sweeping continued sweeping Arterial roadways and began the residential spring sweep. STORMWATER UTILITY O Stormwater Decant Facility Interlocal Agreement between WSDOT and the City has been fully executed. Ecology Grant Agreement has been received. Final design agreement negotiated with Engineering Consultant, Refer to project #0173. • Stormwater Small Works projects Repair, replace or improve problems on the stormwater list. First 2013 project package was bid that includes Pines/Alki, and Dishman-Mica near Appleway projects. First project package will be for construction in spring 2013. O Bettman/Dickev Stormdrain Improvements A public meeting was held on February 13 to discuss the project. Consultant finishing bid documents and flood plain permit requirements - working on one remaining easement/property issue. O 14th Avenue, Custer to Carnahan Design continues, Public meeting scheduled for April 24. 'Information in bold indicates updates 2 o UIC Assessment & Retrofit Plan Staff completed the Underground Injection Control (UIC) Assessment and Retrofit Plan for the City to be compliant with State regulations. Staff is working on finalizing the report. • Stormwater Capital Program Staff is working on formalizing a Capital Program for Stormwater Projects for 20142019. TRAFFIC • Sullivan Corridor Timing Staff has begun working with WSDOT in a joint effort to update signal timing on the corridor. • Other Signal Timing Staff is evaluating some timing plans on SR 27 and Argonne based on field observation of congestion. • 1-90 Business Route Signs The City's request for a business route has been forwarded to WSDOT Headquarters. They will submit the request to the AASHTO route numbering committee in March. • Freight and Goods Transportation System Map Staff is using annual traffic counts to estimate the tonnage of freight moved on all arterials in the City. This will be sent to WSDOT for the 2013 update of the state's Freight and Goods Transportation System Map. • Transportation LOS Update for Comprehensive Plan Staff has been collecting new intersection counts throughout the year and is working on updating the intersection LOS table for the Comprehensive Plan, We just received a draft copy of the 2040 Traffic Forecast Model from SRTC and are working on the 2018 and 2040 intersection forecasts and analysis. GRANT APPLICATIONS New Call for Projects o SRTC Call for Projects — CMAQ and TA Funds Staff presented a list of potential projects to Council for the Call for Projects SRTC issued on March 1. Council approved the list of projects on March 12 and allowed staff to make final decision on which applications to submit after final review of grant criteria and cost estimates. This Call for Projects is for Congestion Mitigation/Air Quality (CMAQ) Program and the Transportation Alternatives (TA) Program, Grant applications are due April 30. 'Information in bold indicates updates 3 S tikane Public Works Projects Walley• Monthly Summary - March-2013 Design &Construction Estimated Total Project Design&Construction Projects Funding Proposed %Complete_ Construction Project # Bid Date PE I CN Completion Cost Street Projects 0005 Pines/Manfield,Wilbur Rd to Pines TIB-UCP 05/23/08 100 95 04/30/13 $ 6,571,181 0146 24th Ave Sidewalk Adams to Sullivan TIB-SP 09/14/12 100 0 05/31/13 $ 292,000 0155 Sullivan Rd W Bridge Replacement#4508 FHWA-BR 12/01/13 80 0 12/31/15 $ 19,800,000 0156 Mansfield Ave Connection FHWA-CMAQ 07/26/13 30 0 12/31/13 $ 1,976,800 0166 Pines Rd.(SR27)&Grace Ave.Int Safety HSIP 04/01/14 10 0 10/31/14 $ 671,050 0175 Sullivan UP Tracks UC(SB)Resurfacing FHWA-BR 06/14/13 50 0 09/30/13 $ 286,142 Street Preservation Projects 0174 2013 Street Preservation Project COSV 02/22/13 100 0 12/15/13 $ 2,104,000 0179 2013 Street Preservation Ph 2 FHWA-STP(U) 06/01/13 0 0 12/15/13 $ 1,522,400 0180 2013 Street Preservation Ph 3 COSV 07/01/13 0 0 12/15/13 TBD Traffic Projects 0060 Argonne Road Corridor Upgrade(SRTC 06-3 FHWA-CMAQ 06/15/13 95 0 08/31/13 $ 1,290,636 0061 Pines(SR27)ITS Improvements(SRTC 06-2 FHWA-CMAQ 09/21/12 100 0 07/15/13 $ 2,083,121 0133 Sprague/Sullivan ITS FHWA-CMAQ 09/14/12 100 10 05/31/13 $ 768,121 0167 Citywide Safety Improvements HSIP 07/01/13 20 0 06/30/15 $ 474,580 0181 Citywide Traffic Sign Upgrade HSIP 07/01/13 0 0 11/30/13 $ 200,000 Stormwater Projects 0150 Sullivan Rd Bridge Drain Retrofit Dept of Ecology 05/03/13 95 0 07/01/13 $ 237,375 0163 Sprague Ave.Swale Upgrade,Park to 1-90 Dept of Ecology 08/03/12 100 70 06/30/13 $ 1,006,622 0173 Spokane Valley Regional Decant Facility Dept of Ecology 06/15/13 0 0 12/31/13 $ 885,000 0182 2013 Street Presery-Ph 2-Stormwater COSV 06/01/13 0 0 12/15/13 TBD 0183 2013 Street Presery-Ph 3-Stormwater COSV 07/01/13 0 0 12/15/13 TBD Other Projects 0149 Sidewalk Infill FHWA-CMAQ 08/10/12 65 40 12/30/13 $ 939,955 0168 Wellesley Ave s'walk&Adams Rd s'walk SafeRautes-State 04/12/13 85 0 11/30/13 $ 639,000 0169 Argonne/Mullan Safety Indiana-Broadway HSIP 07/01/13 30 0 06/30/15 $ 111,750 0170 Argonne Road:Empire Ave-Knox Ave HSIP 07/01/13 30 0 06/30/15 $ 180,640 0171 Sprague Ave ADA Curb Ramp Project CDBG 01/18/13 100 0 09/01/13 $ 129,300 Design Only Design Total Project Design Only Projects Funding Complete %Complete Project # Date PE Cost Street Projects 0123 Mission Ave-Flora to Barker FHWA-STP(U) 09/30/13 5 $ 517,919 0141 Sullivan&Euclid PCC FHWA-STP(U) 11/15/13 20 $ 175,260 0142 Broadway @ Argonne/Mullan FHWA-STP(U) 10/31/13 10 $ 276,301 Traffic Projects 0159 University Road Overpass Study FHWA-CMAQ 12/01/13 4 $ 249,711 0177 Sullivan Road Corridor Traffic Study FHWA-STP(U) 03/01/14 0 $ 200,000 Other Projects 0145 Spokane Valley-Millwood Trail FHWA-STP(E) 02/15/13 0 $ 745,000 0176 Appleway Trail COSV 07/31/13 0 $ 150,000