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2004, 05-25 Regular MeetingTuesday, May 25, 2004 AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION: Pastor Linda Crowe, United Church of Christ ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD. LIAISON SUMMARY REPORTS MAYOR'S REPORT: Proclamation: Native Plant Appreciation Week Council Requests All Electronic Devices be Turned Off During Council Meeting 6:00 p.m. PUBLIC CO' INIE.NTS For members of thc Public to speak to the Council regarding matters NOT on the Agenda. Please state your name and address for thc record and limit remarks w three minutes. 1. CONSENT AGENDA Consists of items considered routine which arc approved as a group. A Councilmembcr may remove an item from the Consent Agenda to be considered separately. a.. Approval of Regular Council Meeting Minutes of May 11, 2004 b. Approval of Claims in the amount of 590,595.83 c. Appmval of May 15, 2004 payroll of S105,404.68 NEW BUSINESS .' Second Reading Proposed Ordinance 04 -018 Establishing Salary Commission — Councilmembcr Munson [public comment] 3. Proposed Resolution 04 -013 Repealing and Replacing Governance Coordination Manual — Mayor DeVlerning [public comment] 4. Proposed Resolution 04 -015 for Cable Franchise Renewal Process — Morgan Koudelka [public comment] 5. Motion Consideration: Essential Public Facilities lnterlocal Agreement Approval and Authorization for City Manager's Signature — Marina Sukup [public comment] 6. Motion Consideration: City Manager Appointment to Municipal Research & Services Center (MRSC) Board — Dave Mercier [ public comment] 7. Mayor Appointments: Sign Committee — Marina Sukup [public comment] PUBLIC COMMENTS (Maximurn of three minutes please; state your name and address for the record) Council Ayeads 05.25.04 Regular Meeting Page I of 2 ADM1N1STRATIN'E REPORTS: [no public comment] 8 Review of Contracts Inventory - Nina Rcgor 9. Weed and Seed Grant - Cal Walker 10. Managed Competition Discussion - Morgan Koudelka 11. Administrative Exceptions/Administrative Variances- Marina Sukup 12. Radio Car Track at Sullivan Park - Mike Jackson INFORMATION ONLY: f no public comment] 13. Planning Commission Meeting Minutes of April 8, 2004 14. Spokane County Library District April Report 15. Department Monthly Reports 16. Status of Previous Public Comments/Concerns ADJOURNMENT FUTURE SCHEDULE Regular Council Meetings are generally held 2nd and 4 Tuesdays, beginning at 6:00 p.m. Council Study Sessions are generally held 1 ", "and 5th Tuesdays, beginning at 6:00 p.m. Other Tentative Upcoming Meetings - Events: June 2, 2004. 6:30 pm. Comprehensive Plan Community Mtg. Grernacres Elementary School June 15 - 18, 2004, Association Washington Cities Conference Ocean Shores June 15, 2004 - No Council Study Session or Council Meeting June 17, 2004, 6 :30 p.m. C'omprehensiv'e Plan Community Mtg, Spokane Valley Ncaarene Church June 26, 2004 Half Day Council Retreat July 6, 2004 - No Council Study Session or Council Meeting NOTICE lndrvidunls planning to attend the mccting who require special assistance to accommodate physical. hearing or other impairmenu please contact the City Clerk at (509) 921 -1000 as soon as possible so that arrangements may he made. Council Agenda 05 -25-04 Regular Mectmg Page 2 of 2 s . 1tCL911JIW CITY OF STOIC/WE ' [L W. S. fII To WHEREAS. Native plant species are an important part of Washington's heritage, providing important cultural, aesthetic, economic, and ecological contributions that make the State of Washington a special place to live, and WHEREAS: our state enjoys an amazing diversity of over 3,000 native plant species from rain forest plants on the Olympic Peninsula to the desert species in Eastern Washington; and WHEREAS: preserving native plant ecosystems is critical for the protection of birds, fish, other wildlife, our water quality, and for the long -term health and use of our natural resources; and WHEREAS: over 360 of our native plant species are listed as rare by the Was.ington State Natural Heritage Program; and WHEREAS: certain types of insects, plant diseases and invasive plant species present a threat to sustaining Washington's native plant ecosystems and the biodiversitzi that they enable; and WHEREAS: Governor Gary Locke has proclaimed the week of May 24-30 as Native Plant Appreciation Week and across the state public and private groups are celebrating the beauty and value of native plants in both natural settings and gardens. NOW, THEREFORE, I , Michael DeVlerning, Mayor of the City of Spokane Valley, in the State of Washington., do hereby proclaim the week of May 24, 2004 as NATIVE PLANT APPRECIATION WEEK In the City of Spokane Valley, and 1 urge all citizens to learn more about our native plants so as to protect, enjoy, and appreciate the native plants' value and beauty. IN WITNESS WHEREOF, I• have hereunto set my hand and caused the Seal of the City of Spokane Value to be affixed this 25th day of May 2004. r Iichael DeVlerning, May DRAFT Attendance: Councilmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, May 11, 2004 Mayor DeVleming called the meeting to order at 6:00 p.m., and welcomed everyone to the meeting. PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Deputy City Clerk Pearson gave the invocation. Staff: Dave Mercier, City Manager Nina Regor, Deputy' City Manager Stanley Schwartz, City Attorney Cary Driskell, Deputy City Attorney Neil Kersten, Public Works Director Marina Sukup, Community Development Director Cal Walker, Police Chief Ken Thompson, Finance Director Mike Jackson, Parks & Recreation Director Morgan Koudelka, Administrative Analyst Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve the agenda as presented. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Deputy Mayor Wilhite: reported that she attended a meeting concerning issues connected with the "un- insured week" and heard a presentation on the status of Project Access; she also attended the memorial services held for the slain police officers in the State of Washington. Councilmember Munson: said that he attended an STA Ad Hoc Committee meeting to develop a concept for a Citizen's Advisory Committee; that he also attended the ceremony for the police officers; and further attended an AWC Public Policy Committee, which develops topics for lobbying issues. MAYOR'S REPORT: Mayor DeVleming read the "Older Americans Month" proclamation, and then the proclamation for "Tourism Week." PUBLIC COMMENTS: Mayor DeVleming invited public comments on subjects not on the agenda. Tony Lazanis, 10626 East Empire, Spokane Valley: voiced his concerned about a newspaper article and the Mayor's response and quoted from the article: "DeVleming said that the Valley incorporated ... the advantages were not necessarily control, it was representation." Mr. Lazanis said that if control of the utility was needed, then why not control the fire district, the Library district, and the thirteen water districts; he said he wondered how the Mayor can represent anybody if there is no control of the assets. Council Minutes 05 -11 -04 Page 1 of 6 Date Approved by Council: DRAFT N.A. Brown, Otis Orchards (E. 18909 Marietta): said that last September he turned in his complaint and that of nine other neighbors on junk vehicles on the lot next to him; that there is a trailer in the neighborhood with people living in it with no sewage hookup and no electrical hookup except an extension cord. Phyllis .J. Wardle, 11124 E. Sprague: said she has lived on East Sprague for over 50 years; her parents have over seven plots of property on east Sprague this side of the couplet, and on Dishman on the other side of the couplet; that she is against the couplet; said in reference to the recent survey, the results were in the paper but she was never contacted about the results; that she wants to know who the respondents were as it is her understanding that no businesses were asked to participate in the survey; and she would like a copy of the survey results. Richard Behm, 3626 S. Ridgeview: said that after last week's preseritation of the survey, Dr. Rudy talked to the woman who drafted the survey, and was informed that businesses were avoided; that the business community will claim that that survey is invalid, and he reprimanded the Council for allowing that to happen, John Brewer, President, Spokane Regional Convention and Visitor's Bureau: thanked Council for recognizing tourism week, that this week allows them to elevate tourism as economic development, and presents an opportunity to thank the visitors who spend nearly $506 million annually within the county; and to also recognize the nearly 9,000 employees who are directly employed in the travel industry. 1. PUBLIC HEARING: Adoption of Municipal Code — Chris Bainbridge Mayor DeVleming opened the public hearing at 6:20 p.m. City Clerk Bainbridge explained that this is the next step necessary to codify the code, and that tonight's public hearing was noticed as required in the official newspaper. Mayor DeVleming invited public comment; none was offered. Mayor DeVleming then closed the public hearing at 6:23 p.rn. 2. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by Councilmember Munson and seconded by Deputy Mayor Wilhite to approve the Consent Agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. NEW BUSINESS 3. Second Reading Proposed Ordinance 04 -017 Adopting Municipal Code — Chris Bainbridge After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to approve Ordinance 04 -017. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried 4. First Reading Proposed Ordinance 04-018 Establishing Salary Commission — Councilmember Munson After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to advance Ordinance 04 - 018 to a second reading. Councilmember Munson explained that this ordinance is presented as part of a continuing effort to review staff compensation packages, and that Council felt it was appropriate for an outside agency to review Council compensation, and added that the ordinance provides for the referendum process if anyone disagrees with the ordinance. Councilmember Munson also suggested to add "for a period of one year" at the end of the sentence in Section 2A. Mayor DeVleming invited public comment. Tony i✓azanis said he approved of people being compensated for the work and offered his help in that regard. Mayor DeVleming invited further public comment none was offered. After brief discussion concerning the sunset clause, it was moved by Councilnrenrber Munson and seconded by Deputy Mayor Wilhite to amend the motion to include the phrase 'for a period of one year" at the end of Section 2A. Vote by Acclamation to amend the 'notion: In Council Minutes 05 -11 -04 Page 2 of 6 Date Approved by Council: DRAFT Favor: Unanimous. Opposed: None. Abstentions.: None. Motion carried Vote by Acclamation on the Amended Motion: hi Favor: Unanimous. Opposed.. None. Abstentions: None. Motion carried 5. Proposed Resolution 04-014 Edgecliff Property Allocation for Road Use — Neil Kersten It was moved by Mayor DeVleming and seconded by Councilmember Munson to approve Resolution 04- 014. Public Works Director Kersten explained that this project will widen Park Road to a three -lane section with bike lanes, curbs, sidewalks and gutters, that the project includes a dedicated right turn lane at Park Road and 8' Avenue, and standard turn radiuses for the curb and sidewalk at Park Road and 6 Avenue. Director Kersten said that approximately 2000 square feet or .06 acres) of park property is needed as additional right of way to construct these improvements; he said there will be no financial impact just transfer of the use of the property. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Motion Consideration: Spokane Transit Authority Ballot Issue It was moved by Councilmember Denenny and seconded by Councilmember Munson to support the passage of the ballot proposition for the Spokane Transit Authority for the preservation of the existing policies. Councilmember Munson said that he invited Kim Zentz, Chief Executive Officer, to attend the meeting to give an objective briefing on what this issue means to the Spokane Transit Authority. Ms. Zentz gave an overview of the benefits and consequences of the issue the Spokane Transit Board chose to put before the voters; she spoke concerning the system with the present funding, a fully funded system, the sunset provision in the ballot proposition, and of the performance objectives established for 2004 through 2008, many of which arc contingent on additional funding. Joel Crosby then spoke in opposition to the measure, stating that a positive "no" would send STA the message that they need to reform and to meaningfully cut back and make other meaningful changes; that STA spent up to the end of their resources, that there arc not very many full buses, there are other issues far more important for the use of taxpayer's money, and that $18 million is enough and $36 million is too much. Ms. Zentz added that 27 out of 127 buses are smaller buses, that they need to use the right bus at the right time, that they provide eight million rides per year which translates into the removal of approximately 4,000 cars per year off the highways. Mayor DeVleming invited public comment: Tony Lazanis: asked how much of a detriment the light rail was to the transit system, and how much money went that way; and said mentioned' the Palace downtown that cost over a million dollars, and asked why the STA doesn't move their facilities into the train station over there. John Beal, 1721 W Rockwell: spoke against the effort to raise taxes; said that people work approximately 4.3 months out of the year for the federal government, then adding state and local taxes that accounts for approximately one half of the year for government services; that taxes are constantly transferring citizen assets to the minorities; and that 68 of 72 precincts in the Valley voted against proposition 1 in September, 2002. Bill Gothmann, 10010 East 47` said he speaks for himself; that he prefers to take the transit downtown; that other seniors greatly need this transportation system as many seniors don't have driver's licenses; and that he is impressed with the work to modify the STA. Allan Allison, 6309 NLeiman Road: stated that he objects to an increase in taxes and even more objects to an election in the off season; that he knows if the election were in November the issue would be voted down. Marvin Newcomb, W 1824 Dean: said if we keep throwing money at the STA they have no idea how to spend it; that we should not pay them as much as Seattle; that Yakima privatized the cost of their transportation system at half the cost and received better service. Council Minutes 05 -1 I -04 Page 3 of 6 Date Approved by Council: DRAFT Dick Behm, 3626 S Ridgeview: said he doesn't know how he'll vote and feels Council should not endorse or condemn this issue either. Mayor DeVleming invited further public comment; none was offered. • Councilmember Munson said that as the Chair of the Operations and Customer Service Committee, he will work to ensure that STA uses the funds wisely. Councilmember Denen.ny added that he has been working on the task force for one and a half years and that the STA spent a great deal of time and energy examining the issue; he feels there are changes occurring and he supports the initiative, and agrees with having the sunset clause. Councilmember Flanigan said he opposes new taxes but he does favor economic development; that Ms. Zentz has demonstrated a propensity for change and he feels Councilmember Denenny and Munson will hold people accountable to make those changes; and that he endorses the measure. Councilmember Taylor said he opposes the measure primarily being brought before Council and feels Council should neither reject nor endorse; that there have been some good changes at STA but that the funds could be better used on other priorities. Councilmember Schinvnels said he supports the issue because of the needs. Mayor DeVleming said he believes STA has made strides in the right direction, but he struggles with the philosophical approach of discussing this at the dais as he is uncertain whether it helps or hurts; and asked to have the motion withdrawn. The maker of the motion and the seconder elected not to withdraw the motion. Vote by Acclamation: In Favor: Deputy Mayor Wilhite, and Councilmembers Denenny, Flanigan, and Munson. Opposed: Mayor DeVleming and Councilmembers Schimmels and Taylor. Motion approved. Mayor DeVleming called for a recess at 7:20 p.m., and reconvened the meeting at 7:32 p.m. 7. Motion Consideration: Authorize PLUS Software Agreement — Nina Regor. It was moved by Mayor DeVleming and seconded by Councilmember Munson to instruct the City Manager to authorize negotiation of the PLUS software agreement. Deputy City Manager Regor explained that the Community Development and Public Works staff have requested the agreement in order to use the County's Permit and Land Use System (PLUS software); that after evaluating several permitting software systems, interim staff selected Eden but that although the financial system operates well with Eden, the permitting system does not. Ms. Regor stated that the estimated costs for 2004 include 529,000 for web interface development and customization with an additional $2,000 per month for use and maintenance of the software. Ms. Regor also mentioned that staff will attempt to obtain a refund from EDEN on any possible components. Mayor DeVleming invited public comment; none was offered. Councilmember Munson stated that he has concerns with paying first and negotiating later. Councilmember Taylor said he agrees and hopes to have better negotiations the next time around. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried PUBLIC COMMENT: Mayor DeVleming invited public comment. Doug Rider, 19410 E. Buckeye: mentioned that a lot of people testifying don't live in the Valley; that junk cars are not being taken care of where he lives; and that he feels Council is doing a good job. Glenn Kivett, jV 17 Walnut Road: said he's glad to see the Council's position on the transit tax; that he has concerns with Aces Casino, in particular with noise of clanking garbage cans before 6:00 a.m., and with noise from a vacuum unit which began at 4:10 a.m.; that he calls 911 but there is no response until after the offenders are gone; that he has issues with illegal parking and feels an officer should patrol the arca and he also complained about the slow response time and mentioned that perhaps a leak exists as the offenders seem to leave just before an officer arrives. 8. International Trade Alliance Presentation — Roberta Brooke Executive Director Roberta Brooke went through his presentation to explain what they do and what the City's investment helps pay for; the presentation included discussion of the ITA communication strategy Council Minutes 05 -11 -04 Page 4 of 6 Dm Approved by Council: DRAFT and export development process, their efforts to increase public awareness, how they build export capacity, develop export markets, make sales and deliver the goods, concluding that they open doors to the global marketplace and help companies expand which boosts economic growth. Matt Ewers, ETA Board Member; and Steve 1-lelmbrecht, Vice President of International with ITRON, also spoke in support of ITA and thanked Council for its support. 9. Library Advisory Committee Update — Nina Regor Deputy City Manager Regor gave her PowerPoint presentation on the update of the Library Advisory Committee. Ms. Regor spoke of the 2004 Library Services Agreement with SCLD which included the formation of a Library Capital Facilities Advisory Committee. She mentioned that SCLD contracted with Strategic Research Associates to conduct a telephone survey on the use of and perceptions about local public libraries and went over some of the highlights of the survey results. Ms. Regor also mentioned that a full copy of the report is available for review in the City Clerk's office. Councilmembcr Munson expressed concern of those not having a library within easy access. Ms. Regor said that respondents were selected at random based upon zip codes within the service arca; that staff could check with Strategic Research to see if there were significant different responses from people who live further away from library branches, but that was not identified by Strategic Research as statistically significant. Councilmember Munson also noted that in the survey, no choice of maintaining current libraries and adding some small neighborhood branches, was offered. Ms. Regor said the survey was conducted to gauge general concepts and gather general responses from the community; that no model submitted received overwhelming response, and added that an open house at the Valley Branch is scheduled for May 27, at which time members of the community will have an opportunity to discuss alternative library facilities models. 10. Managed Competition Discussion — Morgan Koudelka Administrative Analyst Koudelka reported that one of the Council goals of 2004 was to experiment with a managed competition program; he explained the process of managed competition, what other cities are using this concept, steps to success, obstacles, and what some of the next steps would entail, such as identifying potential candidate services for a pilot program, developing and issues a request for a proposal (by July 31, 2004), evaluating the proposals and selecting a service provider, and then ongoing monitoring of the performance. 1 1 . Cable Franchise Renewal Process — Morgan Koudelka Administrative Analyst Koudelka explained that our cable franchise and renewal processes are regulated by the federal government and that the Cable Act of 1984 allows for both a formal and an informal renewal process. After going through his accompanying PowerPoint presentation which explained the renewal processes, Mr. Koudelka added that there is currently no financial impact, but that $50,000 has been budgeted for the cable franchise renewal process. it was Council consensus for staff to work toward a draft resolution for later council consideration. 12. Aquifer Protection Area Program Reauthorization —Neil Kersten Public Works Director Kersten said that as noted on the January 27, 2004 letter from the County Commissioners, the County requests we consider inclusion of the City of Spokane Valley in the reauthorization of the Aquifer Protection Area. Director Kersten said that the City received a copy of the draft resolution from the County May 3, 2004, and the County has requested that we approve the resolution by the beginning of June. Director Kersten added that we have asked the County for certain information prior to consideration of the resolution, such as history of the revenues and use funds in prior years, history of the water quality in the APA specifically within the City of Spokane Valley since the beginning of the program, and proposed use of funds under the .new program. He added that the City of Spokane Valley will be excluded if the County does not receive our approval for inclusion.. Director Kersten said that we could negotiate an interlocal on how our portion of the funds would be used; that the City of Spokane has an interlocal in place, and that Director Kersten feels we can get commitment from Council Minutes 05. -11 -04 Page 5 of 6 Date Approvcd by Council: DRAFT the County on how they intend to use our funds, and added that he will obtain a copy of the draft interlocal agreement between the City of Spokane and the County. There being no further business, it was moved by Councilmembcr Flanigan, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:59 p.m. ATTEST: Christine Bainbridge, City Clerk Michael DeVleming, Mayor Council Minutes 05 -11.04 Page 6 of 6 Date Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 5 -25 -04 City Manager Sign -off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Claims: Voucher listing total for May 14, 2004 OPTIONS: RECOMMENDED ACTION OR MOTION: Approve claims for 5/14/04 in the amount of $ 90,595.83 BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Ellen Avey ATTACHMENTS Voucher Lists vchlist 05114/2004 11:00:41 AM Bank code : apbank Voucher Date Vendor 4748 5/11/2004 000197 AIR 4749 5/11/2004 000394 AM LANDSHAPER, INC. 4750 5/11/2004 000135 AMERICAN PLANNING ASSOCIATIO 022604- 132114 022604 - 134254 41535 4751 5/11/2004 000168 B & C TELEPHONE INC. 4752 5/11/2004 000485 BARTON JEEP 4753 5/11/2004 000173 BINGAMAN, GREG 4754 5/11/2004 000242 CAMPREGISTER.COM 4755 5/11/2004 000109 COFFEE SYSTEMS INC 4756 5/11/2004 000035 CORPORATE EXPRESS 4757 5/11/2004 000491 DANNER, BRENDA 4758 5/11/2004 000044 DELL MARKETING Invoice Voucher List Spokane Valley 65030 EMPLOYEE BACKGROUND CHE Total : 2 79475 5604 50504 4/01 -4/15 4/16 -4/30 20413 51686951 51797374 51797376 51797422 BD- refund 744256372 PO # PROFESSIONAL MEMBERSHIP 40136 PROFESSIONAL MEMBERSHIP 40124 REGISTRATION 40131 40139 40139 40139 40135 Description /Account EXCAVATION SERVICE CONTRA Total : TELEPHONE SYSTEM SERVICE Total : VEHICLE LICENSE FEES EXPENSE REIMBURSEMENT Total : REC PROGRAM REGISTRATION REC PROGRAM REGISTRATION Total : COFFEE OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES DEPOSIT REFUND PDA & ACCESSORIES Total : Total : Total : Total : Total : Page: 1 Amount 25.00 25.00 15,882.56 15,882.56 150.00 170.00 130.00 450.00 299.98 299.98 45,75 45.75 20.00 20.00 302.50 167.50 470.00 78.53 78.53 551.40 158.51 2.50 13.92 726.33 50.00 50.00 682.58 Page: 1 I vchlist 05/14/2004 11:00:41 AM Bank code : apbank Voucher Date Vendor 4758 5/11/2004 000044 000044 DELL MARKETING 4759 5/11/2004 000059 DEVLEMING, MICHAEL 4760 5/11/2004 000490 DORIAN STUDIO 4761 5/11/2004 000278 DRISKELL, CARY 4762 5/11/2004 000408 GRIFFIN PUBLISHING INC 4763 5/11/2004 000002 H & H BUSINESS SYSTEMS 4764 5/11/2004 000495 HAESTAD METHODS, INC. 4765 5/11/2004 000493 HAGADONE PHOTOGRAPHY 4766 5/11/2004 000104 HIGH NOONER 4767 5/11/2004 000220 ICMA 4768 5/11/2004 000222 ICMA RETIREMENT CORP. 4769 5/11/2004 000070 INLAND POWER AND LIGHT CO 4770 5/11/2004 000388 IRVIN WATER DIST. #6 4771 5/11/2004 000265 JACKSON, MIKE Invoice Voucher List Spokane Valley 50504 DS- Refund 50604 04254 5012004 122345 HPE- refund 19505 206122 32304 ApriI2004 Apri 104 050504 (Continued) PO # Description /Account Total : EXPENSE REIMBURSEMENT Total : PARKS & REC FACILITY REFUN Total : EXPENSE REIMBURSEMENT Total : 40097 MONTHLY NEWSLETTER PRIN Total : COPY EQUIPMENT LEASE ENGINEERING SOFTWARE Total : FACILITY RENTAL DEPOSIT RE Total : MEETING PROVISIONS RETIREMENT PLAN FEES WATER UTILITY CHG Total : Total : PROFESSIONAL MEMBERSHIP Total : Total,: STREET LIGHTING /SIGNAL POW Total : Total : Page: 2 Amount 682.58 60.00 60.00 150.00 150.00 211.83 211.83 339.43 339.43 201.04 201.04 7,565.00 7,565.00 50.00 50.00 68.73 68.73 800.00 800.00 31.25 31.25 376.82 376.82 165.00 165.00 EXPENSE REIMBURSEMENT 65.09 Page: 2 vchlist 05/14/2004 11:00:41 AM Bank code : apbank Voucher Date Vendor 4771 5/11/2004 000265 000265 JACKSON, MIKE 4772 5/11/2004 000482 LANDTEK, LLC 4773 5/11/2004 000489 MARQUIS, SANDY 4774 4775 4776 4777 4778 4779 4780 4781 4782 5/11/2004 000297 SCHOLTENS, TOM 5/11/2004 000139 SHOPKO STORES, INC #70 5/11/2004 000467 SIRENNET.COM INC. 5/11/2004 000308 5/11/2004 000385 5/11/2004 000093 SUN RENTAL CENTER THE SPOKESMAN - REVIEW 4783 5/11/2004 000023 VERISIGN, INC. Invoice 1560 40114 SURVEYING SERVICES CONTRA Total : SM-RF 5/11/2004 000307 OFFICE OF THE STATE TREASURE Apri12004 5/11/2004 000092 PLANNING ASSOCIATION, OF WASH 6/3-4 5/11/2004 000494 PRO PEOPLE STAFFING SERVICES IN- 154389 Voucher List Spokane Valley 050304 50571 0021836 -IN SPOKANE COUNTY PROSECUTING, 051804 10389 2916468/5 -10-04 43004 3300163954 3300175604 (Continued) PO # 40125 40128 Description /Account PARKS & REC FACILITY REFUN Total : Total : Total : Total : STATE REMITTANCES REGISTRATION TEMP LABOR EXPENSE REIMBURSEMENT Total : 40080 RECREATION PROGRAM SUPP Total : VEHICLE LIGHTING CRIME VICTIMS COMPENSATIO Total : TENT RENTAL Total : NEWSPAPER SUBSCRIPTION ADVERTISING Total : Total : Total : ONLINE TRANSACTION SERVICE ON -LINE TRANSACTION SERVIC Page: 3 Amount 65.09 4,300.00 4,300.00 120.00 120.00 51, 394.67 51,394.67 150.00 150.00 562.40 562.40 45.36 45.36 115.69 115.69 127.45 127.45 731.23 731.23 8.28 8.28 20.25 209.76 230.01 59.95 59.95 Page: 3 vchlist 05/14/2004 11:00:41 AM Bank code : apbank 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 to said claim. Finance Director Date Voucher List Page: 4 Spokane Valley Invoice PO # Description /Account Amount Voucher Date Vendor 4783 5/11/2004 000023 000023 VERISIGN, INC. (Continued) Total : 119.90 4784 5/11 /2004 000038 WASTE MANAGEMENT OF SPOKAN April 2004 TRASH DISPOSAL SERVICE 915.71 Total : 915.71 4785 5/11/2004 000255 WFOA DC -WFOA PROFESSIONAL MEMBERSHIP 50.00 Total : 50.00 4786 5/11/2004 000061 WILHITE, DIANA 42804 EXPENSE REIMBURSEMENT 20.00 42904 EXPENSE REIMBURSEMENT 1,652.31 Total : 1,672.31 4787 5/11/2004 000089 XO COMMUNICATIONS 0104050376 TELEPHONE SERVICE 1,237.90 Total : 1,237.90 40 Vouchers for bank code : apbank Bank total : 90,595.83 40 Vouchers in this report Total vouchers : 90,595.83 Page: 4 0 OPTIONS: Meeting Date: 5 City Manager Sign -off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information 111 admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending May 15, 2004 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS. Payroll for period ending 05 15 - 04: Salary: , $ 95,352.09 Benefits: $ 10,052.59 $105,404.68 STAFF CONTACT: Daniel Cenis ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 05 - 25 - 04 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Second Reading Proposed Ordinance 04 -018 Establishing Salary Commission GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: First reading was May 11, at which time the phrase "for a period of one year was added to the end of the sentence of Section 2.A. BACKGROUND: BUDGET /FINANCIAL IMPACTS: CONTACT: Councilmember Munson ATTACHMENTS: Draft Ordinance CITY OF SPOKANE VALLEY Request for Council Action In an ongoing effort to evaluate compensation for the entire city staff, Council believes it to be appropriate to include their compensation in that evaluation. RECOMMENDED ACTION OR MOTION: Approve Ordinance 04 -018 DRAFT AN ORDINANCE OF TIDE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON SETTING THE SALARY OF THE MAYOR AND CITY COUNCiLMEMBERS, CREATING AN INDEPENDENT SALARY COMMISSION TO REVIEW AND SET THE SALARIES OF THE MAYOR AND CITY COUNCILM_EIVIBERS, PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO; AND REPEALING ORDINANCE NO. 14. WHEREAS, Ordinance No. 14 set the interim compensation allowed for the newly elected Mayor and Councilmembers; and WHEREAS, the City Council believes it serves the interests of the City to have a separate, independent commission establish the future salaries of the Mayor and City Council; and WHEREAS, the Washington State Legislature through RCW Chapter 35.21 authorizes cities, towns and counties to create an independent salary commission to set the salaries of elected officials; and WHEREAS, pursuant to RCW 35.21.015, the action fixing the salary by a commission supersedes any other provision of City ordinance related to the fixing of salaries for elected officials. follows: Section 1. Salary Levels Established. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04 -018 NOW THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as A. Councilmembers. Each City Councilmember shall be entitled to receive a saltily of four hundred dollars ($400.00) per month, payable on the last day of each calendar month, unless said day is a holiday or weekend, then said salary shall be paid the Friday before the last day of the month. B. Mayor. The Mayor shall be entitled to a salary of five hundred dollars ($500.00) per month, which is twenty -five percent (25.00 %) greater than Councilmember salaries, payable on the last day of each calendar month, unless said day is a holiday or weekend, then said salary shall be paid the Friday before the last day of the month. C. Adjustment by independent Salary Commission. If the City's Independent Salary Commission establishes a salary schedule for the Mayor and Councilmembcrs, those salaries will take effect at the times, in the amounts, and under the conditions established in the schedule as provided by law. Section 2. Independent Salary Commission. A. Creation of Independent Salary Commission. There is hereby established for the City of Spokane Valley an Independent Salary Commission, for a period of one year. B. Purpose. The purpose of' the Independent Salary Commission shall be to review and establish the salaries of the Mayor and the Councilmembers. C. Composition. The Independent Salary Commission shall consist of five (5) members appointed by the Mayor and confirmed by the City Council. \' Sv- fsl\ Uscrsl CBainbridgcicbainbridge \Ordinances\lndependent Salary Commission.doc Page 1 of 4 DRAFT D. Compensation. The Independent Salary Commission shall serve without compensation. E. Term. The term of appointment is one (1) year. F. Qualifications. 1. Each person appointed to serve as a member of the Independent Salary Commission shall be a citizen of the United States, a resident of the City of Spokane Valley for at least one (1) year immediately preceding such appointment and while serving on the Commission, and a registered voter in Spokane County. 2. No officer, official, or employee of the City or any of their immediate family members may serve on the Commission. "Immediate family member" as used in this section means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee. G. Oper 1. The Independent Salary Commission shall elect a Chair and Vice Chair from among its members. The Independent Salary Commission may establish and adopt rules of procedure for the efficient and fair conduct of its business. 2. The City Manager shall appoint staff and make available supplies and equipment to assist the Independent Salary Commission in preparation of its reports and records. 3. Any communication from the Independent Salary Commission to any member of the City Council while reviewing the schedule of salaries, shall be in writing and made part of the record of the Commission's proceedings. 4. The Independent Salary Commission shall keep a written record of its proceedings, which shall be a public record in accordance with state law, and shall actively solicit public comment at all meetings which shall be subject to the Open Public Meetings Act. 5. The first meeting of the Independent Salary Commission shall occur no later than June 23, 2004, and the Commission shall review and, if it so determines, amend and file its schedule of salaries with the City Clerk no later than August 2, 2004. 6. Three (3) members of the Independent Salary Commission shall constitute a quorum and the affirmative vote of three (3) members shall be sufficient for the decision of all matters and the transaction of all business. H. Responsibilities. To determine the appropriate rate of compensation, the independent Salary Commission shall assess the market rate of compensation for elected city officials and study the relationship of salaries to the duties of the Mayor and the City Councilmembers. Salaries shall be established by an affirmative vote of not less than three (3) members. I. Removal. A member of the Independent Salary Commission may only be removed during the term of office for cause such as incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence. 11Sv- fsllUsersl CBainbridgcl cbainbridge \OrdinancesUndcpcndent Salary Commission.doc Pagc 2 of 4 DRAFf J. Filing Date- Salary Schedule. The Independent Salary Commission shall file its salary schedule with the City Clerk who will publish the schedule two (2) times, at least one week apart, in the official newspaper of the City. The second date of publication shall be considered the official filing date of the salary schedule. K. Effective Date — Salaries . The Commission's salary schedule will become effective in the amounts, at the times, and under the conditions established in the schedule unless a referendum has been filed in accordance with Section 3 of this Ordinance. Once filed, the schedule shall be incorporated into the City budget without further action of the City Council or Salary Commission. Salary adjustments established by the Commission that result in a salary increase are effective immediately as to all Councilmembers and /or the Mayor, regardless of their terms of office. If the salary adjustment established by the Commission results in a salary decrease, the decreased salary shall be effective at the commencement of the incumbent's next subsequent term of office. Section 3. Referendum. A. Sala , Schedule subject to Referendum Petition 1. The Commission's adopted salary schedule shall be subject to referendum petition by the people of the City. A petition must be filed with the City Clerk within thirty (30) days after the official filing date of the salary schedule. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by a vote of the people. 2. Referendum measures under this section shall be submitted to the voters of the City at the next following general or municipal election occurring thirty (30) days or more after the petition is filed, and shall be otherwise governed by the provisions of the State Constitution or other laws generally applicable to referendum measures. 13. Referendum Statement. A referendum statement on a petition shall be phrased in the following language: Should the salary schedule filed with the City Clerk of the City of Spokane Valley by the Independent Salary Commission on be repealed in its entirety? Your signature on this petition indicates your vote in favor of repeal of the attached salary schedule in its entirety. A copy of the salary schedule or ordinance to such referendum petition shall be attached to each referendum petition for the information of the parties requested to sign such petition. C. Initiative provisions applied to referendum process. All state law provisions applicable to the form of the petition and sufficiency of signatures required for an initiative petition as set forth herein, and to the submission to the vote of the people as set forth herein, shall apply to a referendum petition and to the salary schedule sought to be defeated thereby. D. Referendum — Effective Date — Record. If a majority of the number of votes cast on the referendum oppose the salary schedule or ordinance, such salary schedule or ordinance shall be deemed repealed following the certification of the vote. Section 4. Repeal. 11Sv -fsl\ Users\ Cl3ainbridgelcbainbridgc \OrdinancesUndcpendcnt Salary Commission.doc Pane 3 of 4 DRAFT Ordinance No. 14 passed by the City Council January 7, 2003 relating to salaries of the Mayor and Councilmembers is repealed in its entirety. Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. ATTEST: Section 6. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY WASHINGTON this day of , 2004. Christine Bainbridge, City Clerk Approved as to form: Stanley Schwartz, Interim City Attorney Date of Publication: Effective Date: 11. Sv- fsl1Uscrs\ CBtiinbridg e\ cbainbridgc \Ordinances\Independent Salary Commission.doc CITY OF SPOKANE VALLEY, WASHINGTON By: Michael DeVleming, Mayor Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 05 - 25 - 04 City Manager Sign -off: Item: Check all that apply: ❑ consent 0 old business x new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Proposed Resolution 04-013 Repealing and Replacing Govemance Coordination Manual GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: During the March 30, 2004 study session, several changes were suggested for the Governance Coordination Manual. Two drafts of the resolution's Attachment A are included: one red -line copy showing the proposed changes, and one clean copy. OPTIONS: RECOMMENDED ACTION OR MOTION: Adopt Resolution 04 -013 BUDGET /FINANCIAL IMPACTS: None STAFF CONTACT: Mayor DeVleming, Councilmembers Flanigan and Taylor, and City Manager Dave Mercier ATTACHMENTS DRAFT A RESOLUTION OF THE CITY OF SPOKA.NE VALLEY, SPOKANE COUNTY, WAS.HTNGTON, REPEALING AND REPLACING TEE RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS, PUBLIC HEARINGS, LEGISLATIVE PROCESS AND PUBLIC COMMENTS OR COMPLAINTS. WHEREAS, the City Council desires that all Council meetings be open and responsive to the public; and WHEREAS, such meetings should be carried out with efficiency and uniformity in the manner of Council and public participation; and WHEREAS, written rules of procedure best assure an atmosphere conducive to said efficiency and uniformity and that no member of the Council or public need be embarrassed in the exercise of his or her right of free expression; and time. WHEREAS, the rules and procedures adopted by the Council need to be amended from time to NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. On May 13, 2003, the Council adopted Resolution 03 -028, setting rules and procedures for conducting public hearings and meetings, including the "City of Spokane Valley Governance Coordination Manual," which is dated May 13, 2003. Section 2. The Council hereby repeals the "City of Spokane Valley Governance Coordination Manual" dated May 13, 2003, and replaces it with the "City of Spokane Valley Governance Coordination Manual" dated May 25, 2004, which is attached to this Resolution as Attachment A, and which is incorporated herein by reference. Section 3. Effective Date. This Resolution shall be in full force and effective upon adoption. Adopted this day of May, 2004. ATTEST: Mayor Michael DeVleming City Clerk, Christine Bainbridge Approved as to Form: Deputy City Attorney, Cary P. Driskell Resolution 04 -013 Governance Manual CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 04-013 City of Spokane Valley 1 DRAFT Resolution 03-028 adopted 513 -2003 Resolution 04-013 adopted 5 -25 -2004 n Resolution No. 04 -013 Adopted May 25, 2004 e ATTACHMENT A Governance Coordination Manual A Comprehensive Collection of Meeting Rules, Coordination Procedures, Administrative Public Hearing Procedures, and Applicable References from the Revised Code of Washington R l'allcy —undo « n. iititini R o f Pve ......1.. rc t p r o vi IoeaIZ CGl2�I'[ " "i M � `i tr u l e„ hca1th eafehed- evcak rat b aleti ppendtee ..rr ,:.., ano fe' . b Governance Coordination Manual May 2004 anc . S-poltatte ee neh -313. this Mikc DeVie ek-Dencnny Mike Fianiga = Gttffeilinemb„ Cit M. . . �d Page 2 of 54 f-the n-procccdttr es, atsing DRAFT I tan j . e e LEGISLATIALTESS-A r • • ►7 ► • 1 • o • • , GET-IN-Gs, PTTB.. , • • ■ • • • • .• • e • • • . i • ' _ 1 / • . T h-ete -as.E -Alibi ■ F-xhibitA 1 r • :•• °APP :d as to for Eity-C=}ei =k City .Attorney v att aehtid Governance Coordination Manual May 2004 Page 3 of 54 I DRAF7�� �MdlE y TABLE OF CONTENTS ARTICLE 1 - COUNCIL MEET 1 • 1.1.1 Council Meetings - Time and Location 1 1.1.2 Council Meetings - Open to the Public 1 1.2 Election of Officers 1 1.3 Presiding Officer 2 1.4 Quorum 2 1.5 Attendance, Excused Absences 2 1.6 Special Council Meetings 2 1.7 Council Material 3 1.8 Council Packets 3 1.9 Council Meeting Agenda / Consent Agenda 3 1.10 AJ proaching the Dais 1.110 Study Sessions and Workshops 4 1.12 Council Travel Provisions 1.13.1- Telephone Tree 3 1.142 "Three Touch Principle" 1.153 City Manager 1.164 City Clerk - Minutes - Public Information Access 6 1.113 City Staff — Attendance at Meetings 6 ARTICLE 2 - DUTIES AND PRIVILEGES OF MEMBERS 6 2.1 Respect and Decorum 6 2.1A Forms of Address 6 2.2 Seating Arrangement 6 2.3 Dissents and Protests 2.4 Filling Council Vacancies ARTICLE 3 - COUNCIL PROCEDURES 4 3.1 Rules of Order T 3.2 Motions a 3.3 Order of Business 3.4 Adjournment Due to Emergency or Disruption 40 3.5 Permission Required to Address the Council 40 3.6 Voting and Tele/video Confcrencing 40 3.7 Enacted Ordinances, Resolutions and Motions 3.8 Ordinances -12 3.9 Resolutions 4-3 3.10 Reconsideration 44 3.11 Legislative Process, Preparation, Introduction and Flow of Ordinances, Resolutions and Motions -14 3.12 Complaints and Suggestions to Council -14 3.13 Photographs, Motion Pictures, Video Tape -- Permission Required for Artificial Illumination -1-4 3.14 Audio Recordings of Meetings -14 Governance Coordination Manual May 2004 Page .4of54 DRAFT s J TABLE OF CONTENTS, Continued ARTICLE 4 - COMMITTEES, BOARDS & COMMISSIONS 45 4.1 Committees 44 4.2 Council Relations with Boards, Commissions and Council Citizen Advisory Bodies -14 ARTICLE 5 - RELATIONS WITH CITY MANAGER & ADMVIINISTRATION 46 5.1 Role of the City Manager 4-6 5.2 Administrative Interference by Councilmemhers 4-6 5.2.1 Informal Communications Encouraged 46 5.3 Administrative Complaints Made Directly to Individual Councilmembers 5.4 Administrative Complaints — `Best Practice" 4Y ARTICLE 6 - PUBLIC HEARING PROCEDURES 4-8 6.1 Appearance of Fairness Doctrine - 14 6.2 Actions for a Public Hearing 20 ARTICLE 7 — USE OF RULES 2-7 7.1 Purpose 27 7.2 Use ?-7- 7.3 Public Use or Reliance Not Intended 2-7- Exhibits and attachments: Exhibit A -1 Telephone Tree Memo Exhibit A -2 Telephone Tree for Council / Manager Chart 29 Exhibit A -3 Parliamentary Procedure at a Glance 344 Exhibit A-4 Legislative Process Flow Chart 34 Exhibit A -5 Committee Structure and Rules 33 Exhibit A -6(1) Task Force/Town Hall Meetings General Model 35 Exhibit A -6(2) Multi - Agency Coordination Task Force Model 36 Exhibit A -7 Citizen's Task Force General Model Chart 37 Exhibit A -8 Revised Code of Washington, 35A.13, Council /Manager Plan 38 Exhibit A -9 General Policy Resolution of Core Beliefs 48 Governance Coordination Manual May 2004 Page 5 of 54 ARTICLE I - COUNCIL MEETINGS 1.1.1. Council Meeting - Time and Location. All regular meetings of the City Council shall be held at the times and locations specified by applicable ordinances and resolutions of the Council. 1.1.2 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 or RCW 42.30.140. 1.2 Election of Officers. Procedures for electing officers are as follows: (a) 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.13.030) (b) The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nomination. Each member of the City Council shall be permitted to nominate one (1) person, and nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at thatis 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. (c) Except when there is only one (1) 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 votes by councilmembers in the minutes of the meeting. 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 is not a member of the Council, 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 until the Governance Coordination Manual May 2004 Page 6 of 54 DRAFT . members of the Council agree on a Mayor, at which time the Wile of Acting Mayor and Acting Deputy Mayor shall cease and terminate. 1.3 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. 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 Tcmpore selected by members of the Council shall act as Mayor during the continuance of the absences. 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. 1.4 Quorum. At all 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 be posted on the exterior Council Chamber doors per RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170, 35A.12.120) 1.5 Attendance, Excused Absences. RCW 35A.12.060 provides 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 Presiding Officer, City Clerk, or City Manager prior to the meeting and state the reason for his/her inability to attend the meeting. If the member is unable to contact the Presiding Officer, the member shall contact the City Manager or City Clerk, who shall convey the message to the Presiding Officer. Following roll call, the Presiding Officer shall inform the Council of the member's absence, state the reason for such 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. 1.6 Special Council Meetings. Procedures for setting a special meeting are as follows: (a) A special meeting may be called by the Mayor or any three (3) members of the Council. (RCW 35A.13.170, 35A.12.110) (b) Notice of the special meeting shall be prepared in writing by the City Clerk. The notice shall contain the following information about the meeting: time, place, and business to be transacted. The notice_ form shall be approved by the City Attorney. (c) The notice shall be delivered by regular or electronic mail or personally to the residence of each Councilmember, the City Manager, and the business office of each local newspaper, radio and television station which has on file a written Governance Coordination Manual May 2004 - Page 7 of 54 1 DRAFT Sfrookane request for notice of special meetings. The notice must be delivered at least twenty-four (24) hours prior to the meeting. 1.7 Council Material. Councilmembers and affected staff should read the agenda material and ask clarification questions prior to the Council meeting, when possible. 1..8 (d) The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080, that is: (1) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waver of notice, (2) As to any member who was actually present at the meeting at the time it convenes, and (3) 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. Council Packets. Councilmembers shall personally pick up their agenda packets from the individual mailboxes, provided by the City Clerk, unless otherwise arranged by the member or further directed by Council. 1.9 Council Meeting Agenda / Consent Agenda. The City Clerk, under the direction of the City Manager in consultation with the Presiding Officer, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. After the proposed agenda has been reviewed and approved by the Mayor, the Presiding Officer shall have the option of deleting any item from such agenda until the next regular Council meeting when the full council shall vote on whether to introduce the item on the agenda or for a subsequent Council meeting. A copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, and the media who have filed a notification request, on or before close of business on a Friday preceeding a Tuesday regular Council meeting, or at the close of business at least 24 hours preceeding a special Council meeting. Any revised agenda therafter distributed shall contain the date, time and author of the revision. Distribution of the agenda to Councilmembers shall be as directed by Council and may be by mail boxes in City Hall, Fax, E-mail or personal delivery when requested. Requests for presentations to be scheduled on the formal agenda imply that the presentation is the official business of the City. Playing of video tapes shall be pre- screened by the Presiding Officer or designee who shall rule on the appropriateness of the video tape. The Presiding Officer, three (3) Councilmembers, a majority of the Councilmembers present, or the City Manager may introduce a new item to the agenda at a meeting. (a) The City Manager, in consultation with the Presiding Officer, shall place matters on the consent agenda which: (1) have been previously discussed by the Council; or (2) based on the information delivered to members of the Council by Governance Coordination Manual May 2004 Page 8 of 54 DRAFT Spokane ∎■ j (b) administration can be reviewed by a Councilmember without further explanation; (3) are so routine, technical or "housekeeping" in nature that passage without discussion is likely, or (4) otherwise deemed in the best interest of the City. The City Clerk shall read the consent agenda actions, including the titles of any ofdinanees or resolutions contained therein, unless waived by motion of the Council. (c) The proper Council motion on the consent agenda is as follows: "-'1 move adoption of the consent agenda'- This motion shall be non - debatable and will have the effect of moving to adopt all items on the Consent Agenda. Since adoption 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 adopt 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. 1.10 Approaching the Dais The intent of adding this item specifically to our Governance Manual is to make it clear to Staff, Council and the general public once a Council meeting has been called to order, spina between the podium and the dais will not be allowed. This includes, but is not limited to, video recording. still photography. tape recording, and written hand -outs. Approaching the dais when any of the council is seated will not be permitted. This includes,but is not limited to: Council recess > Before rneeting has begun Y After meeting has been adjourned The Council reserves the right to invite anyone forward to he addressed at the dais. 1.110 Study Sessions and Workshops. Regular or Special Council meetings, or portions thereof, may be designated as Study Sessions by the Presiding Officer. Study Sessions need have no formal agenda, except when required for special meetings under RCW 42.30.080, and may be conducted informally so long as such informality is not in conflict with these rules. The purpose of Study Session discussions 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. The purpose of Workshops is to allow Councilmembers to do concentrated preliminary work with administration on single subjects but time consuming, complex matters (i.e., budget, complex legislation or reports, etc.). Workshops and Study Sessions shall be in a less formal setting but shall not discourage public observation. Public comment is not allowed at study sessions although the Council may request participation in the same manner as a regular Council Governance Coordination Manual May 2004 Page 9 of 54 1 DRAFT S ® � ....0"Val ley meeting. The City Clerk, under the direction of the City Manager, shall arrange a Council study session or workshop worksheet for the meeting. .The worksheet shall, for each item, contain the discussion subject, the discussion leader, the activity and the discussion goal. After the proposed worksheet has been approved by the Presiding Officer, a copy shall be prepared for Councilmembers, the City Manager, and the press, on or before 4:30 p.m., one (1) day before the Council study session or workshop. During the Council study session or workshop, the discussion leadershoulth Introduce the subject and give background information; Identify the discussion goal; Act as facilitator to keep the discussion focused toward the goal; and (d) Alert the Presiding Officer when it is appropriate to call for a consensus, motion or official direction of the Council. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to keep the discussion properly focused. 1.12 Council Travel Provisions This section is intended to provide guidance on the utilization of the Council budget for city business related travel expenses. The total allocation of travel funding budgeted for the Legislative Branch for the fiscal year will he apportioned (1 /7) to each Councilmember. These monies mat be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of city business. Periodic statements of expenditures to date will be provided 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 account. During the last six (6) months of a Councilmember's current term of office. incurring; City business - related travel expenditures require 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. 1.131 Telephone Tree. Occasionally there are very important or emergency happenings in the community where members of the Council should receive briefings as. quickly as possible. A City Council telephone tree system has been adopted by Council motion and is attached as Exhibit A -1 & A -2. 1 1.44-14 " Touch Principle"." Decision makers and citizens at all levels of the City should have adequate time to thoughtfully consider the issues prior to final decisions it Governance Coordination Manual May 2004 Page 10 of 54 � -11 DRAFT AF"T • ey is the intent of the Council that the Council and Administration shall abide b the "Three touch principle "whenever possible.. The following procedural guidelines are designed to avoid "surprises" to the City Council, Citizens and Administrative personnel. • 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" (oral, written or any combination thereof) the Decision makers three separate times. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." • It is recognized that the hands of decision makers should not be tied unnecessarily. Unexpected circumstances may arise (especially during new city incorporation efforts) wherein observance of the " 'Three Touch Principle' " is irnpracticle. 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. 1..1 City Manager. The City Manager, as the chief executive officer and head of the administrative branch of city government, 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 it 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. In the event that the City Manager is unable to attend a Council meeting, the City Manager shall appoint a key staff member to attend the meeting as the representative of City administration. (RCW 35A.13.080) 1.164 City Clerk - Minutes - Public Information Access. The City Clerk shall be ex- officio Clerk -of- the - Council and 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, the City Clerk shall appoint a replacement to act as Clerk -of- the - Council. The Clerk -of -the- Council shall keep minutes which identify the general discussion of the issue and complete detail of the official action or consensus reached, if any. The City Clerk shall tape record the proceedings of all public hearings, regular meetings, and of all land use matters and quasi - judicial matters, and shall keep and -make available an agenda index teof the topics contents of each meeting tape reeereing which will facilitate location of the recorded proceedings for any item in the a ropriate minutes of business so rcee led. Access to the tape recordings shall be made reasonably available to any party who so requests, according to City public information procedures. (See Sec. 3.14.) Governance Coordination Manual May 2004 Page 11 of 54 1 DRAFT svoican j Valley 1 1 1.175 City staff — Attendance at Meetings. Attendance at meetings by City staff shall be at the pleasure of the City Manager. It is the intent of the Council that the manager schedule adequate administrative support for the business at hand but also protect the productive capability of Department Heads. When sound system or other monitoring capabilities exist, the Manager may allow personnel to utilize productive time in their offices or other areas while waiting for the specific item of business for which their appearance before the Council is necessary. End ofArticle I - Council Meetings ARTICLE 2 - DUTIES AND PRIVILEGES OF MEMBERS 2.1 Respect and Decorum. It is the duty of the Mayor and Councilmembers to maintain dignity and respect for their offices, City staff and the public. While the Council is in session, the Councilmembers shall preserve order and decorum and a member shall neither, by conversation or otherwise delay or interrupt the proceedings of the Council, nor disrupt or disparage any member while speaking. Councilmembers and the public shall obey the orders of the Chair. Any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the business of the Council, either while addressing the Council or attending it's proceedings, shall be asked to leave, or be removed from the meeting. Continued disruptions may result in a recess or adjournment as set forth in section 3.4 of this resolution. 2.1A 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. 2.2 Seating Arrangement. Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 2.3 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. 2.4 Filling Council Vacancies. If a vacancy occurs on the City Council, the Council will follow the procedures outlined in RCVS' 35A.13.020. In order to fill the vacancy with the most qualified person available until an election is held, the Coundl will publish a notice of the vacancy, the procedure, and distribute the application form for applying. The Council will draw up an application which contains relevant information to answer set questions posed by the Council. The application forms will be used in conjunction with an interview of each candidate to aid the Council's selection of the new Councilmember. Governance Coordination Manual May 2004 Page 12 of 54 1 ntt..ArT. SPolcanee j End ofArticle 2 - .Duties and Privileges ofMenibers ARTICLE 3 - COUNCIL MEETING PROCEDURES 3.1 Rules of Order. Rules of order not specified by statute, ordinance or resolution shall be governed by the chart of the most common "Rules of Order" questions. Attached as Exhibit A -3. (a) 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. 3.2 Motions and Discussion. (a) All items of business placed before the Council that require the expenditure of Council and/or administration resources shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. (b) Agenda items scheduled as New or Old Business shall require a motion by a Councilmember before discussion unless the Council shall suspend 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. (c) When possible, Councilmembers should direct questions primarily to the City Manager. 3.3 Order of Business. The business of all regular 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 the business before the Council more expeditiously. (a) Call to order by the Presiding Officer. (b) Pledge of Allegiance. (c) Invocation. Governance Coordination Manual May 2004 Page 13 of 54 I DRAFT Sffikane (e) (0 (g) (d) Roll Call (see Section 1.5 for procedure to excuse an absence). Committee, board and liaison summary reports. Extended reports shall be placed after New Business or submitted in writing. Presiding Officer's report. Comments from the public on subjects not on the agenda - limit 3 minutes each, unless modified by the Presiding Officer. Note: 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 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 after first stating their name, address, and the subject of their comments. The Presiding Officer may then allow the comments subject to such time limitations as the Presding Officer deems necessary. Following such comments, the Presiding Officer may place the matter on the agenda or a future agenda, or refer the matter to adrninistration or a Council committee for investigation and report. 2. Subjects on the current agenda. Any member of the public who wishes to address the Council on an 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 Mayor, in consultation with the 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. 4. There will be no demonstrations 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. Governance Coordination Manual May 2004 Page 14 of 54 DR-AFT s j (h) Public Hearings (see Article 6 for procedural details). (i) Consent Agenda (sec Section 1.9 (a) for procedural details). (j) Old Business. (k) New Business. (1) Public Comments. (3minute time limit each) (m) Administrative Reports. Reports or tracking of an administrative nature. (n) Information. (o) Executive Session (as required). Executive sessions may be held in accordance with the Open 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 Chair shall ublicl announce the . ur ose or excluding the public from the meeting place and the time when the executive session shall be concluded I the Council wishes to ad'ourn at the close o a meetin rom executive session, that fact will be announced along with the estimated time for the executive session. The announced time limit for executive sessions may be Extended by announcement of the Chair. (P) (q) 5. These rules are intended to promote an orderly system of holding a public meeting, to give persons opportunity to be heard and to create an environment in which no individuals are embarrassed by exercising their right of free speech. 6. Any ruling by the Presiding Officer relative to the subsections 1 and 2; above; may be overruled by a vote of a majority of members present. 7. Public comments received during the public comment period shall not be allowed by the Council if they relate to any matter upon which a public hearing may be required. Councilmembers must keep confidential all oral and written information provided during executive sessions to protect the best interests of the City. 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 OUlcers. Next meeting date announced by Presiding Officer. Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m., without approval of a majority of the Councilmembers Governance Coordination Manual May 2004 Page 15 of 54 who are present and eligible to vote. A new time limit must 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 Council meeting as old business, unless the Council, by a majority vote of members present, determines otherwise. 3.4 Adjournment Due to Emergency or Disruption. In the event of emergency, such as a fire, threatened violence, or inability to regain good order, the Mayor shall forthwith declare the meeting adjoumed or continued and the City Council shall immediately leave the meeting room. 3.5 Permission Required to Address the Council. Persons other than Councilmembers and administration shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or the chair of the appropriate Council committee. 3.6 Voting and Tele /video Conferencing. 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, except that 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 in the Council chambers when the question was put, shall give his/her vote unless the Council, for special reasons, shall excuse the member by motion. If any Councilmember refuses to vote "aye" or "nay ", their vote shall be counted as a "nay" vote unless the Councilmember is abstaining due to actual, or appearance of, a conflict of interest. (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 or violence of nature or not or insurrection or war (except for the statutory powers of the Mayor in accordance with RCW 35A.13.030), and provisions for a lesser emergency, such as a budget amendment, shall require the affirmative vote of at least a majority plus one (1) of the whole membership of the Council. (RCW 35A.13.190) In the event calamitous conditions should prevent assembly of such majority thru death or injuries, the provisions of RCW 35A.13.035 may be invoked. Governance Coordination Manual May 2004 Page 16of54 (f) The passage of any motion or resolution not subject to the provisions of Washington law, the Spokane Valley Municipal Code, or this 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. DRAFT (g) 1. Tele/video conference participation by Councilmembers may be allowed provided technical availability and compatibility of electronic equipment shall enable the Councilmember to hear the procedings, be heard by those present and participate in Council discussion. (a) (a) Requests to use tele /video conference participation for voting purposes shall be limited to extraordinary circumstances and must be ruled upon by the Council - of-the -Whole by specific motion before the Council main agenda begins. (b) In such case, adequate equipment must allow the tele/video conference participant to engage in Council discussion and be heard. Telephone/computer system charges are to be at the Councilmember's own . expense, unless waived in the Council motion. Adequate notice must be given to allow hookup in time for the main agenda. 2. Requests to monitor patfieipate by tele /video conference in a nonvoting capacity shall be granted provided technical capability exists and adequate notice is given, and shall be at the Councilmember's own expense, unless waived in the Council motion. 3. No tele/video conference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings. Video conferencing may be permitted upon a majority vote of the Council present at the meeting site for such proceedings provided that all documents and exhibits are clearly visible and legible to all participants and provided that a video and audio record of the videoconference is made and provided to the clerk. The cost of such videoconferencing and record thereof shall be paid by the Councilmember requesting videoconferencing, unless waived by vote of the City Council. 4. Examples of extraordinary circumstances would be emergencies or illness, accident, unforeseen urgent business, etc. 3.7 Enacted Ordinances, Resolutions and Motions. An enacted ordinance is a legislative act prescribing general rules of organization or conduct relating to the corporate affairs of the municipality. Governance Coordination Manual May 2004 Page 17 of 54 I DRAFT Ile (b) (c) 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. 3.8 Ordinances. The procedures for ordinances are as follows: (a) A Councilmember may, in open session, request of the Presiding Officer that the Council study the wisdom of enacting an ordinance. The Presiding Officer then may assign the proposed ordinance to the administration, a committee or the Council -of- the -Whole for consideration. The committee or administration shall report its findings to the Council. The City Manager may propose the drafting of ordinances (RCW 35A.13). Citizens and Boards and Commissions may also propose consideration of ordinances and resolutions, see Exhibit A -4 attached. (b) Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. 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. Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution, he or she should so announce, make the initial motion and provide an introduction for the measure. (c) All ordinances shall normally have two (2) separate readings at separate Council meetings. Unless waived by the City Council Aat each reading, the title of an ordinance shall, - .. . • , be read by the City Clerk prior to its passage; provided that should a Councilmember request that the entire ordinance or certain of its sections be read, such request shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting. (d) The provision requiring two (2) separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. (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 second 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 Page 18 of 54 Governance Coordination Manual May 2004 DRAFT_ Sgolkane Valley repealing earlier ordinances shall not apply to acts, incidents, transactions or decisions occurring before such repeal. 3.9 Resolutions. A resolution may be put to its final passage on the same day on which it was introduced. IIowever, Council may invoke the two (2) reading procedures described in Section 3.8 (c) above to facilitate public understanding and/or comment on the resolution. The title of each resolution shall, unless waived by the City Council, be read prior to its passage. A Councilmember may request that the entire resolution or certain of its sections be read, and such request shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting. 3.10 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 few: • any action previously reconsidered, • motions to adjourn or motions to suspend the rules, • an affirmative vote to lay an item on, or take an item from, the table, • or a vote electing to office one who is present and does not decline. Such motion for reconsideration can only be made by a member of the prevailing side on the original action. A motion to reconsider must be made no later than the next succeeding regular Council meeting. A motion to reconsider is debatable only if the action being reconsidered is debatable. Upon passage of a motion to reconsider, the subject matter is returned to the table anew at the next regular Council meeting for any action the Council deems advisable. 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 attprneys and the persons testifying have been given at least five (5) days advance notice of such discussion and/or action. 3.11 Legislative Process, Preparation, Introduction and Flow of Ordinances and Resolutions and Motions. Ordinances and Resolutions will customarily be prepared, introduced and proceed in the manner described on the flow chart attached hereto as Exhibit A -4, and by this reference incorporated herein. Prior to final passage of all ordinances, resolutions or motions, such documents or proposals shall be designated as DRAFTS. All such drafts shall also be dated to include the most recent revision. (a) PROPOSED DRAFTS shall contain the date name of the group or individual originating or sponsoring the proposal prior to the first presentation to the City Council. Proposed drafts may be initiated by individual Councilmembers, the City Manager, Citizens or by Boards, Conunissions or other task groups. Governance. Coordination Manual May 2004 Page 19 of 54 QR..AFT .10° .. \ft. % ` Valley COUNCIL DRAFTS shall be documents or proposals which have been presented in open session and voted by the City Council for further consideration. 3.12 Complaints and Suggestions to Council. When citizen complaints or suggestions are brought before the City Council not on an agenda, the Presiding Officer shall, in consultation with the City Manager, first determine whether the issue is legislative or administrative in nature and then: (b) (a) If legislative, and a complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if the Council finds such complaint suggests a change to an ordinance or resolution of the City, the Presiding Officer may refer the matter to a committee, administration, or the Council -of- the -Whole for study and recommendation. (b) If administrative, and a complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Presiding Officer 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. 3.13 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 flood lights, 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. 3.14 Audio Recordings of Meetings. All regular meetings, public hearings and quasi - judicial proceedings of the City Council shall be recorded by the City Clerk on an audio recording device. Workshops or study sessions are mostly comprised of legislative or administrative project discussion with no formal action intended Therefore, workshops or study sessions shall not be recorded except as set forth in Section 1.14 above, unless the Council elects upon advice of the City Manager, City Attorney, or City Clerk. End of Article 3 - Council Procedures ARTICLE 4 - COMMITTEES, BOARDS & COMMISSIONS 4.1 Committees. Governance Coordination Manual May 2004 Page 20 of 54 (a) All standing Committees, Boards, and Commissions which are required by state law shall be appointed by the Mayor with confirmation by the Council. 1 DRAFT (b) All other Council Committees, Citizen's Taskforce groups and rules or operating procedures thereof shall be established by Council Directive with special attention to RCW 35A.13.120, and after consultation with the City Manager. Such committees shall be commissioned for a time certain, not to exceed two (2) years or the tcuu of the appointing Mayor, whichever is less and provided with a clear task description and "sunset' provision. 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 has been appointed or confirmed by the Council, may be removed without cause by a majority vote of the Council. A copy of the motion(s), or as hereafter amended, establishing committees, liaisons and citizen's task force groups shall be attached hereto, as Exhibit A -5. (See the attached related charts Exhibits A -6 (1) (2) & A -7.) (c) Other special ad hoc committees and Council liaisons for a particular purpose may be appointed by the Mayor, without confirmation of Council for a time certain, not to exceed the term of the appointing Mayor, along with a clear task description and "sunset" provision. (d) Committees, liaisons and citizen's taskforce groups shall be given an opportunity to make a recommendation, when appropriate, on proposed ordinances, resolutions and motions within their area of responsibility or interest, before action is taken by the Council. The appropriate spokesperson shall present the recommendation(s) during discussion of that business item on a Council agenda. (e) No Advisory Board or Commission shall take any final action outside of an open public meeting. 4.2 Council Relations with Boards, Commissions and Council Citizen Advisory. All statutory boards and commissions and Council citizen advisory bodies of the City of Spokane Valley shall provide the Council with copies of minutes of all meetings. Communications from such boards, commissions and bodies to the City Council shall be acknowledged by the Council. 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." Should any member of the Council determine that any such communication be officially answered by the Council, the Presiding Officer shall place the matter on the agenda underNew Business for the current meeting or any subsequent m eeting. End of Article 4 - Committees, Boards & Commissions ARTICLE 5 - RELATIONS WITH CITY MANAGER & ADMINISTRATION Governance Coordination Manual May 2004 Page 21 of 54 DDRAFT . 5.1 Role of the City Manager. The City Manager is the chief administrative officer of the City of Spokane Valley. The 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.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with 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. 5.2 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 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 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. (RCW35A.13.120.) 5.2.1 Informal Communications Encouraged. The above requirement of RCW 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 relevent 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. 5.3 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 Sstatutes, Gordinances, rRegulations, P- policies or practices. 5.4 Administrative Complaints - "Best Practice ". Although citizens' direct access to elected officials is to be encouraged to help develop public policy, City Councilmerbers Governance Coordination Manual May 2004 Page 22 of 54 DRAFT 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. Tn that case refer to Section 5.3 above. End of Article S — Relations with City Manager & Administration ARTICLE 6 - PUBLIC HEARING PROCEDURES 6.1 Appearance of Fairness Doctri.ne. Appearance of Fairness Doctrine and its Application: (a) Appearance of Fairness Doctrine Defined. "In short, when the law which calls for public hearings gives the public not only the right to attend, but the right to be heard as well, the hearings must not only be fair but must appear to be so. It is a situation where appearances are quite as important as substance." Smith vs. Skagit County, 75 Wn.2d 715 (1969). "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). (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 42.36.010). 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 to the average person. This may involve the Councilmember or a Councilmember's business associate, or a member of Governance Coordination Manual May 2004 Page 23 of 54 1 DRAFT s1olcane 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 }mown, prior to the issuance of the decision. Upon failure to do so, the Doctrine may not be relied upon to invalidate the decision. 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 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 violation. Further, if two (2) or more Councilmembers believe that an Appearance of Fairness violation exists, such individuals may move to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness violation. In arriving at this decision, the Presiding Officer or other Councilmembers shall give due regard to the opinion of the City Attorney. (d) Specific Statutory Provisions. 1. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, RCW 42.36.040, Governance Coordination Manual May 2004 Page 24 of 54 • 1 DRAFT _ . (f) 2. except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. A candidate for the City Council who complies with all provisions of applicable public disclosure and ethics laws shall not be limited under the Appearance of Fairness Doctrine from accepting campaign contributions to finance the campaign, including outstanding debts. (RCW 42.36.050) 3. 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: (l) places on the record the substance of such oral or written communications; and (2) provided that a public announcement of the content of the conununication and of the parties' right 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 42.36.060) (e) 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. Procedure On Application. Any person making application for any action leading to a quasi-judicial hearing before the Planning Commission and 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 (2) 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. 6.2 Actions for a Public Hearing. The procedures for a public hearing are as follows: (a) Prior to the start of the public hearing, the Presiding Officer may require that all persons wishing to be heard shall sign in with the City Clerk, giving their names and addresses, the agenda item, and whether they wish to speak as proponent, opponent or otherwise: Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so: At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard. However, the Presiding Officer shall be authorized to establish speaker Governance Coordination Manual May 2004 Page 25 of 54 (b) (c) time limits and otherwise control presentations to avoid repetition. In public hearings that are not of a quasi-judicial nature, the Presiding Officer, subject to concurrence of the majority of the Council, may establish time limits and otherwise control presentations. The Presiding Officer may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.) The Presiding Officer introduces the agenda item, opens the public hearing, and announces the following Rules of Order: 1. All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give his /her name and address. This is required because an official recorded transcript of the public hearing is being made. If there is any appeal, the court must make its decision on the basis of what was said at the public hearing. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent, please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. 3. No comments shall be made from any other location, and anyone making out of order" comments shall be subject to removal from the meeting. 4. There will be no demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation. The Council is not allowed to consider such expressions and it takes time away from the speakers. 5. 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. 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; Governance Coordination Manual May 2004 Page 26 of 54 1 DRAFT jV 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. (d) Site - Specific Comprehensive Plan and Zoning Amendments ( "Rezones "). The following are general concepts and not intended to add to or change applicable statutes or ordinances or to be considered a land use control. Under Washington's Growth Management Act, Chapter 36.70A RCW, as implemented by Spokane Valley, site- specific rezone requests (initiated by property owners or developers) are processed not more frequently than once each year, concurrently with the Comprehensive Plan amendment process. This assures that all rezones are consistent with the overarching purposes and intent of the Growth Management Act and the City's Comprehensive Plan. All zoning must be consistent with, and implement the Comprehensive Plan. To that end, at the outset of each public hearing or meeting to consider a zoning amendment or zoning reclassification, the Presiding Officer or City Attorney will announce the legal standards for Comprehensive Plan and zoning amendments and ask the parties to limit their presentations to information within the scope of the standards. The form of the announcement is as follows: "The following are general concepts regarding Comprehensive Plan and zoning amendments under the law of the State of Washington: 1. The current zoning is presumed valid. 2. The burden of proof is on the applicant for the site-specific Comprehensive Plan and zoning amendment to establish by proof in sufficient measure that the following requirements have been satisfied. In making its decision, the City Council will consider the recommendations made by the Planning Commission and the record developed before the Planning Commission. Requirements (a), (b), and (c) stated below shall be "considered" and weighed by the Council. The Council must affirmatively find that the applicant has satisfied requirements (d) through (k): (a) Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Spokane Valley Comprehensive Plan; Governance Coordination Manual May 2004 Page 27 of 54 I DRAFT (b) Whether the assumptions upon which the Spokane Valley Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the -adoption process or any annual amendments of the Spokane Valley Comprehensive Plan; (c) Whether the proposed amendment reflects current widely held community values; (d) The proposed amendment meets concurrency requirements for transportation, sewer, and water, and does not adversely affect adopted level of service standards for other public facilities and services, such as police, fire and emergency medical services, park services, and general government services; (e) The proposed amendment is consistent with the goals, policies and objectives of the various elements of the Spokane Valley Comprehensive Plan; (f) (g) (h) (i) (k) The proposed amendment will not result in probable significant adverse impacts to the city's transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities; In the case of an amendment to the land use map, the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including but not limited to access, provision of utilities and compatibility with existing and planned surrounding land uses; The proposed amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term interests of the community in general; The proposed action does not materially affect the land use and growth projections which are the basis of the Comprehensive Plan; (j) The proposed action does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall area of the city; and The proposed amendment is consistent with the GMA, the adopted county-wide planning policy of Spokane County, any other G- overnance Coordination Manual May 2004 Page 28 of 54 1 DRAFT j (e) applicable interjurisdictional policies or agreements, and any other state or local laws. 3. The facts in support of the application may come from any source; either the applicant, the administration, or the public. The important consideration is that the decision must be made on the basis of information provided to the Planning Commission and to the City Council this public hearing or any continued public hearing. All evidence, such as photographs, letters, charts, maps, slides, computer presentations or other evidence must remain in the record in a form which can be reviewed on any appeal. For example, a print out of a computer slide show may be submitted. Any exhibit not remaining in the record will not be considered. 4. After the testimony, the public hearing will be closed and there will be a motion to approve the plan and zoning amendment. This does not mean that the member so moving or so seconding is in favor of the rezone, but that Council has been advised by the City Attorney that affirmative motions are preferable. 5. Following the decision, this body must make findings of fact and conclusions of reasons for its action. These findings may be drafted by the administration or there may be a recess for the drafting of such items. PUBLIC HEARING The Presiding Officer announces the matter, opens the public hearing, asks all persons who intend to be witnesses to be sworn to tell the truth and then calls upon City administration to describe the matter under consideration. • The Presiding Officer may individually swear witnesses. "Bearing in mind the legal standards I have just described, please limit your comments to information within the scope of these standards." (f) The Presiding Officer will customarily call for proponents in quasi-judicial proceedings and for speakers in non- quasi- judicial proceedings. When considering a site - specific Comprehensive Plan and zoning amendment or zoning reclassification, the Presiding Officer shall announce: "Site plans, artistic renditions, and the like in support of a zoning amendment should be avoided except as they help explain the terms of any proposed or anticipated conditions for approval. Any graphic representations should be used for illustrative purposes only, and the administration or City Council should avoid indicating approval or disapproval of such plans. Such evidence shall remain a part of the record." Governance Coordination Manual May 2004 Page 29 of 54 DRAFT jValley (g) The proponents or speakers now speak. (Note: if the City of Spokane Valley is the proponent, a member or members of the administration shall be designated to give proponent and rebuttal testimony.) (j) (k) (m) The Presiding Officer calls for additional proponents or speakers. In non-quasi-judicial proceedings refer to Section 3.3 (h), otherwise the Presiding Officer calls for opponents by announcing the following: "At this time the opponents and persons who do not claim to be either a proponent or an opponent will have an opportunity to speak. Should any opponent have questions to ask of the proponents, ask the questions during your presentation. The proponents shall note the question asked, and answer such questions when the proponent speaks in rebuttal. The proponent shall be required to answer any reasonable question, provided that the Presiding Officer reserves the right to rule any question out of order." Opponents speak. The Presiding Officer calls for additional opponents up to three (3) times. (1) The Presiding Officer calls for proponents to speak in rebuttal. A proponent speaking in rebuttal shall not introduce new materials. If the proponent does, or is allowed to do so, the opponents shall also be allowed to rebut the new elements. The Presiding Officer announces the following: "At this time I will inquire of the administration whether the administration wishes to introduce any testimony as to subjects raised by the proponents or opponents, or alter in any regard its initial recommendations." (n) The Presiding Officer inquires as to whether Councilmembers have any questions to ask the proponents, opponents, speakers, or administration. If any Councilmember has questions, the appropriate individual will be recalled to the podium. The Presiding Officer may also permit questions by Councilmembers.of any witness at the conclusion of their testimony. Questions of witnesses submitted by proponents or opponents may be asked by the Presiding Officer of such witnesses if deemed relevant. (o) The Presiding Officer doses the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing unless the Presiding Officer declares the record open until a date certain for the purpose of receiving written testimony, such as a legal brief on a subject(s) specified by the Presiding Offi cer. Governance Coordination Manual May 2004 Page 30 of 54 s J (p) The Presiding Officer inquires if there is a motion by any Councilmembers. 1 DRAFT jValley (q) If a motion is made, it shall be in the form of an affirmative motion. Following the motion and its second, discussion occurs among Councilmembers. The Presiding Officer may call on individual Councilmembers in the discussion. The Presiding Officer inquires if there is any further discussion by the Councilmembers. (r) The Presiding Officer inquires if there are any final comments or recommendations from administration. (s) The Presiding Officer inquires of the Councilmembers as to whether they are ready for the question. (t) The City Clerk shall conduct a roll call vote. (u) The Presiding Officer may direct the administration to prepare findings. The findings may be approved the same night, if ready, or may be placed on the agenda of the next regular meeting. End of Article 6 - Public Hearing Procedures ARTICLE 7 — USE OF RULES 7.1 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. 7.2 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. 7.3 Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council and not to provide substantive rules affecting constituants, 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. End of Article 7— Use of Governance Coordination Manual May 2004 Page 31 of 54 DRAFT EXHIBIT A-1 Motion "To Approve the Telephone Tree Memo Herein Contained and Incorporated as Exhibit A -1 of the City of Spokane Valley Council Rules of Procedure." For example: APRs , 200 MEMORANDUM DATE: TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: EMERGENCY TELEPHONE TREE FOR SPOKANE VALLEY GOVERNMENT Sometimes an important happening occurs in the City where Councilmembers should be briefed: Major News! Accident, Disaster, Major Utility Failure! Storm Damage Major Police Problem Civil Emergency A pre - arranged "telephone tree" informs the entire Council of important happenings in the shortest possible time. An informed Councilmember can avoid embarrassment when asked by a citizen about a major event even when it does not involve the Council in any direct way. The telephone tree for timely briefings of major emergency news is shown on the attached sheet. The Mayor should assign the tree according to availability of the members. Governance Coordination Manual May 2004 Page 32 of 54 DRAFT Telephone Tree for Council / Manager Government MAYOR OR CITY MANAGER NAME PHONE (WORK) PHONE (HOME) CELLULAR NAME PHONE (WORK) PHONE (HOME) CELLULAR EXHIBIT A -2 Ile j Valley Motion "To Approve the Telephone Tree for Council / Manager Chart Herein Contained and Incorporated as Exhibit A -2 of the City of Spokane Valley Council Rules of Procedure." First call by Mayor —. or City Manager Governance Coordination Manual May 2004 1st COUNCIL MEMBER NAME PHONE (WORK) PHONE (HOME) CELLULAR NAME 2nd COUNCIL MEMBER PHONE (WORK) PHONE (HOME) CELLULAR — Page 33 of 54 COUNCIL MEMBER NAME PHONE (WORK) PHONE (HOME) CELLULAR NAME COUNCIL MEMBER PHONE (WORK) PHONE (HOME) CELLULAR COUNCIL MEMBER NAME PHONE (WORK) PHONE (HOME) CELLULAR COUNCIL MEMBER NAME PHONE (WORK) PHONE (HOME) CELLULAR PARLIAMENTARY PROCEDURE AT A GLANCE To do this: You say this: May you interrupt speaker? Must be seconded? Is motion debatable? Vote required Introduce business "I move that ..." NO YES YES MAJORITY Amend a motion "I move to amend this motion" NO YES • YES MAJORITY Request information "Point of information" YES NO NO NO VOTE Suspend further discussion "1 move we table it" NO YES NO MAJORITY End debate "I move the previous question ..." NO YES NO MAJORITY Postpone discussion "I move we postpone this matter until..." NO YES YES MAJORITY Have something further studied by a committee "I move we refer ..." NO YES YES MAJORI -'`� Ask for a vote count to verify a voice vote "I call for a division of the house" NO NO NO \--- NO VOTE Object to considering some matter "1 object to consideration of this" YES NO NO MAJORITY Take up a matter previously tabled "I move to take from the table ..." NO YES NO MAJORITY Reconsider something already disposed of "I move we reconsider action on ..." YES YES YES MAJORITY Consider something in unscheduled order "I move we suspend the rules and ..." NO YES NO MAJORITY Vote on a ruling by the chair "I appeal the chair's decision" YES YES YES MAJORITY Object to procedure or personal affront —chair decides "Point of order" YES NO . NO NO VOTE Complain about noise, room temperature, etc. "Point of privilege" YES NO NO NO VOTE Recess the meeting "I move that we recess until ..." NO YES NO MAJORITY Adjourn the meeting "I move that we adjourn" NO YES NO MAJORITY DRAFT Motion "To Approve the Parliamentary Procedure at a Glance Herein Contained and Incorporated as Exhibit A - of the City of Spokane Valley Council Rules of Procedure." Governance Coordination Manual May 2004 EXHIBIT A -3 Page 34 of 54 DRAFT EXHIBIT A -4 Motion "To Approve the Legislative Process Flow Chart Incorporated as Exhibit A4 of the City of Spokane Valley Council Rules of Procedure Booklet." Approved May 13, 2003 City Manager (proposed draft) 4 dministration study draft (proposed draft) LEGISLATIVE PROCESS FLOW CHART City Council Council Study Session (Council draft or summary) City Council :Ist reading Public meeting (Council draft) City Council 2nd reading ordinances (Council ordinance) ADOPTED POLICY / LAW OF ME CITY Governance Coordination Manual May 2004 Page 35 of 54 Sikikane jValleY IF REJECTED Citizens (proposed draft) Initiative filed (only for matters subject to initiative in accordance with Washington law) Election held If approved by voters, ordinance prepared 1 P,? & T s E7IBIT A -5 Motion "To Approve the Committee Structure And Rules Herein Contained and Incorporated as Exhibit A -5 of the City of Spokane Valley Council Rules of Procedure." 1. Standing Committees or Commissions required by law shall be appointed by 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: Finance -- 3 members Planning Commission — 7 members Lodging Tax Advisory Committee -- 5 members. Committee Procedures: The Finance Committee shall have no regular prescribed duties or meetings except the bills/payroll and warrant procedures required by state law, unless specifically charged by the City Council. Committee meetings (when held) should be open to the publiq 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 -of- the - Whole, unless referred to a committee for pre - study. 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. 2. Council liaison appointees shall be appointed by the Mayor and confirmed by the Council for a time certain not to exceed the term of the appointing Mayor. 3. Liaison Procedures. 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 (ie: Planning Commission quasi- judicial). Liaisons functions and duties may be further defined and /or directed by the Presiding Officer with concurrence of Council. Governance Coordination Manual May 2004 Page 36 of 54 DRAFT Sfookanee Hey 4. Task Force Creation Criteria. The City Council may, from time to time, create, and appoint members to, small Task Force Groups for the purpose of examining issues and making recommendions important to the City Council but not requiring the more formalized process stated in (5) below. In all cases, the instrument appointing a Task Force shall prescribe a time certain for the work of the Task Force, contain a clear task assignment and a method of "sunsetting" the group upon completion of the task. 5. Task Force/Public Forum Steering Group for Public Issues of high interest/high impact. Upon motion of the City Council, a Councilmember may be appointed by the Mayor as a liaison leader to organize a steering group to strategize a particular community subject or issue. The steering group shall consist of two Councilrnembers and one representative of City Adm nistration. The Councilmembers shall be appointed by the Mayor and the technical support shall be appointed by the City Manager. Such appointments shall identify the task(s) and a method of determining how the group shall "sunset" when the task is completed. The steering group shall serve as a collection point for information and activity pertaining to the task or issue assigned. Various City representation roles and Council liaisons may be involved in bringing information together on the task or issue. The steering group liaison informs Council of the group's activity at Council meetings (when appropriate). A task force group may then be created by Council motion (directive) to function according to the model attached as Exhibit A6(1). 6. Task Force /Public Forum Procedures. When major public policy development warrants, and after adequate preparation of issues and alternatives, the steering group may conduct larger citizen forums to help develop a public consensus on the issues. The product of such citizen forums, when held, shall be presented to the City Council prior to the customary City Council deliberations (i.e., agenda actions, public hearings, etc.) which could normally result in final action. The procedures are further illustrated in Exhibit A6(1) attached. The City Manager may also appoint such ad hoc or special projects administrative advisory task groups as he or she may deem necessary to assist City administrative activity. Such appointments shall identify the task(s) and a method of determining how the group shall "sunset" when the task is completed. 7. Citizens Task Force Steering Procedures. When the nature of a major issue indicates a need for increased citizen involvement or expertise at the steering level of a task force, the Council may, by legislative directive, commission a Citizens Task Force Steering Group consisting of one (1) councilmember, one (1) qualified citizen, and the City Manager. The Citizens Task Force shall function in a manner similar to the Task Force Procedures contained in Sections 4 and 5 above. The procedures are further illustrated in Exhibit A7, attached. Governance Coordination Manual May 2004 Page 37 of 54 1 DRAFT 8. Multi- Agency Coordinating Task Force Steering Procedures. When a major public /private effort involves key agencies outside of City Government but vital to community coordination, the Council may create by legislative directive, an appropriately named (Multi- Agency) Coordinating Task Force Steering Group. Membership shall consist of one (1) councilmember, the City Manager, one (1) representative from each City Board or Commission key to the issue or project and one (1) member from each private, non -profit agency with key interest or resources vital to the issue or project. Each agency shall appoint one (1) member to serve on the Steering Group and one (1) member to serve as alternate. Except for the first organizational start-up meeting, alternates shall not attend Steering Group meetings. Steering Group members shall function in a manner similar to the task force procedures described in Sections 4, 5, and 6 above. The procedures are further illustrated in Exhibit A6(2) attached. 9. General Town Hall/Neighborhood Meetings. The public should be encouraged to attend regular and special City Council meetings to participate in their government. The City Council Rules of Procedure are designed to facilitate an open atmosphere for citizen participation. However, any two (2), but not more than three (3), members of the City Council may desire to convene a citizens' town hall/neighborhood meeting or series of meetings for the purpose of providing a general forum on city operations. Such town hall meetings shall, when convened, provide information pertaining to any known issues as well as opportunity for citizens to express their views on any subject. The Councilmembers may request that the City Manager or his/her designee attend these meetings to answer questions on administrative matters. Although not official council meetings, members of the City Council shall report issues to the City Council. Councilmembers should avoid discussion or receiving testimony which pertains or may pertain to potential lawsuits, land use issues, or other quasi-judicial proceedings which might later come before the Council. Governance Coordination Manual May 2004 Page 38 of 54 EXHIBIT A -6(1 TASK FORCE/TOWN HALL MEETINGS GENERAL MODEL PIZ.6.ET Representation/Coordination Roles by Councilmernber, Staff Regional Groups Task Force Steering 2 Cotmcil (appointed by Mayor) City Manager (Technical Support) Appointed by CM Technical Groups & Organizations Liaison Role Councilmember infonnation & two way communication Information coordinated by Steering group — reports to Council by liaison or directly to public task force forums Public Process Role • Open Subject Town Hall Meetings Local Interest Groups • & Organizations Governance Coordination Manual May 2004 Page 39 of 54 SroOkane City Council Meetings Public Process Task Force Public Forums* *Public Forums * MUM Hall Meetings *Hearings, etc. *Can be an appointed core group with general public forum or closed group, depending on issues Final Public input POW Formal agenda discussion, public comment, public hearings, etc. Citizen Input Path Report to Council by steering group Ci117,en issue Consensus Forums Pr eset:datiun, group discussions, identify Issues, develop consensus MOTION "To Approve the Task Force/Town Hall General Model Herein Contained and Incorporated as Exhibit A6(1) of the City of Spokane Valley Council Rules of Procedure." DRAFT MULTI-AGENCY COORDINATING TASK FORCE MODEL -Non City Agency /Group -Non City Agency /Group Representation/Coordination Rules by Steering Group M embers Plan Community Information and Involvement Strategics Liaison Role Two -way Task Force Steering Group 1- Councilmcmber 1 -City Manager 1 -City Board or Commission 1 -Non City Agency /Group 1 -Non City Agency /Group (Each agency appoints its own rep) * Gather Information *'Technical Groups & Organizations )rnance Coordination Manual May 2004 EXHIBIT A -6(2) Liaison Role CaunelIntenrber/City Manager& two way communication • Town Hall Meetings Information coordinated by steering group — reports to Agency by liaison or directly to public task force forums City Board or Commission Local interest Croups & Organizations Service Clubs, etc. Page 40 of 54 City Council Meetings Public Process Comp. Plan Review Task Force Public Forums* *Open House Forums *Town llall Meetings *Club Programs Info Can be an appointed core group with general public forum or closed group, depending on issues Final Public Input Forum Formal agenda discussion, public comment, public hearings, etc. Task Force Input Path Report to Council by stecrinQ erouo Citizen Issue Consensus Forums Presentation, group discussions, identify issues, develop consensus MOTION "To Approve the Multi- Agency Coordinating Task Force General Model Chart Herein Contained and Incorporated as Exhibit A6(2) of the City of Spokane Valley Governance Coordination Rules of Procedure." 0 DRAFT CITIZENS TASK FORCE GENERAL MODEL Citizen Input Qualified non -city official appointee _ Representation / Coordination Roles_ by Councilmember, Citizen or Staff Regional Groups Motion "To Approve the Citizens' Task Force General Model Chart Herein Contained and incorporated as Exhibit A7 of the City of Spokane Valley Council Rules of Procedure." Task Force Steering 1 Council - (appointed by Mayor) 1 Citizen - (appointed by Mayor, approved by Council) 1 Staff - (appointed by City Manager) (Technical Support) Technical Groups & Organizations Govern:ince Coordination Manual May 2004 EXHIBIT A -7 Liaison Role Councitmember or citizen. Information & two way cornrnuniz alion Public Process - - Community Consensus Role Information coordinated by steering group - reports to Council by liaison or directly to public task force forums • Local Interest Groups & Organizations s'�)kflllE alley City Council Meetings Public Process C i 4— Re po rt to Public Forums ` Task Force • Town Hall Meetings * Others r- 4 — Page 41 of 54 Final Public Input Forum Formal agenda discussion, public — comment, public hearings, etc. izon Input Path Council by steering group Citizen Issue Consensus Forums Presentation, group discussions, — identify issues, develop consensus Sf561 Exhibit A -8 VISES ebriE>rofi1aSHINGTo IMMORAL, GOD - _ .:'GER P. _ N .O.F G.O\/,E_RNMENT Ies35: RC I O OP. NAL Cha a tGri 35A . RCW - O,UNCIL Chapter WRCW COUNCIL - MANAGER PLAN OF GOVERNMENT 35A.13,170 Council meetings— Quorum -- Rules -- Voting. 35.4.13.180 Adoption of codes by reference. 35}1.13.190 Ordinances -- Style -- Requisites - -Veto. 35A.13.200 Authentication, recording and publication of ordinances. Governance Coordination Manual May 2004 Page 42 of 54 35A.13.010 City officers - -Size of council. 35A.13.020 Election of councilmen -- Eligibility — Terms -- Vacancies — forfeiture of office -- Council chairman. 35A.13.030 Mayor -- Election -- Chairman to be mayor -- Duties. 35A.13.033 Election on proposition to designate person elected to position one as chairman -- Subsequent holders of position one to be chairman. 35A.13.035 Mayor pro tempore or deputy mayor. 351.13.040 Compensation of councilmen -- Expenses. 35A.13.050 City manager -- Qualifications. 35A.13.060 City manager may serve two or more cities. 35A.13.070 City manager - -Bond and oath. , 35A.13.080 City manager -- Powers and duties. 15.A.13.090 A.13.090 Creation of departments, offices, and employment -- Compensation. 35A.13.100 City manager — Department heads -- Authority. 35A.13.110 City manager -- Appointment of subordinates -- Qualifications— Terms. 35A.13.120 City manager — Interference by . councilmembcrs. 35A.13.130 City manager -- Removal -- Resolution and notice. 35A.13.140 City manager—Removal—Reply and hearing. 35A.13.150 City manager -- Substitute. 35A.13.160 Oath and bond of officers. . 35A.13.210 Audit and allowance of demands against city. CD • ,3 5A.13.220 Optional division of city into wards. 35A.13.230 Powers of council. RCW 35A.13.010 City officers- -Size of council. The councilmembers shall be the only elective officers of a code city electing to adopt the council- manager plan of government authorized by this chapter, except where statutes provide for an elective municipal judge. The council shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and head of the administrative branch of the city government. The city manager shall be responsible to the council for the proper administration of all affairs of the code city. The council of a noncharter code city having less than twenty -five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants the council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city decreases from twenty-five hundred or more to less than twenty-five hundred, it shall continue to have a seven member council. If, after a city has become a council - manager code city its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city. When the population of a council- manager code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.13.020. appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two -year term and one person shall be elected for a four -year tern. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the council - manager plan of government set forth in this chapter may provide for an uneven number of councilmembers not exceeding eleven. A noncharter code city of less than five thousand inhabitants which has elected the council - manager plan of government and which has seven councilmanic offices may establish a five- member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to fi ve. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two- year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040. However, a noncharter code city that has retained its old council- manager plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government. [1994 c 223 § 35; 1994 c 81 § 72; 1987 c 3 § 16; 1955 c 106 § 2; 1983 c 128 § 2; 1979 exs. c 18 § 24; 1979 c 151 § 34; 1967 ex.s. c 119 § 35A.13.010.] Governance Coordination Manual May 2004 Page 43 of 54 Notes: Severability -1987 c 3: Sec note following RCW x.46.020. Severability- -1979 ex.s. c 18: See note following RCW 35A.01.070. Population determinations, office offinancial management: Chapter 43.62 RCW. RCW 35A,13.020 Election of councilmen — Eligibility -- Terms— Vacancies — Forfeiture of office—Council chairman. In council- manager code cities, eligibility for election to the council, the manner of electing councilmen, the numbering of council positions, the terms of councilmen, the occurrence and the filling of vacancies, the grounds for forfeiture of office, and appointment of a mayor pro tempore or deputy mayor or councilman pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a code city organized under the mayor- council plan, except that in council - manager cities where all council positions are at -large positions, the city council may, pursuant to RCW 35A.13.033, provide that the person elected to council position one shall be the council chairman and shall carry out the duties prescribed by RCW 35A.13.030. [1994 c 223 § 36; 1975 lst ex.s. c 155 § 1; 1967 cx.s. c 119 § 35A.13.020.] RCW 35A.13.030 Mayor -- Election— Chairman to be mayor — Duties. Biennially at the first meeting of the new council the members thereof shall choose a chairman from among their number unless the chairman is elected pursuant to RCW 35A.13.033. The chairman of the council shall have the title of mayor and shall preside at meetings of the council. In addition to the powers conferred upon him as mayor, he shall continue to have all the rights, privileges, and immunities of a member of the council. The mayor shall be recognized as the head of the city for ceremonial purposes and by the governor for purposes of military law. He shall have no regular administrative duties, but in time of public danger or emergency, if so authorized by ordinance, shall take command of the police, maintain law, and enforce order. [1975 1st ex.s. c 155 § 2; 1967 ex.s. c 119 § 35A.13.030.] RCW 35A.13.033 Election on proposition to designate person elected to position one as chairman — Subsequent holders of position one to be chairman. The city council of a council- manager city may by resolution place before the voters of the city, a proposition to designate the person elected to council position one as the chairman of the council with the powers and duties set forth in RCW 35A.13.030. If a majority of those voting on the proposition cast a positive vote, then at all subsequent general elections at which position one is on the ballot, the person who is elected to position one shall become the chairman upon taking office. [1975 lst ex.s. c § 3.] RCW 35A.13.035 Mayor pro tempore or deputy mayor. Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their number as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the absence or temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise, appoint any qualified person to Governance Coordination Manual May 2004 Page 44 of 54 serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence or disability of a councilman, the remaining members by majority vote may appoint a councilman pro tempore to serve during the absence or disability. [ 1969 ex.s. c 81 § 1.] Notes: Effective date-1969 ex.s. c 81: This 1969 amendatory act shall take effect July 1, 1969." [1969 cx.s. a 81 § 7.] RCW 35A.13.040 Compensation of councilmen -- Expenses. it The salaries of the councilmen, including the mayor, shall be fixed by ordinance and may be revised from time to time by ordinance, but any increase or reduction in the compensation attaching to an office shall not become effective until the expiration of the term then being served by the incumbent: PROVIDED, That compensation of councilmen may not be increased or diminished after their election nor may the compensation of the mayor be increased or diminished after the mayor has been chosen by the council. Until councilmen of a newly - organized council- manager code city may lawfully be paid as provided by salary ordinance, such councilmen shall be entitled to compensation in the same manner and in the same amount as councilmen of such city prior to the adoption of this council- manager plan. • Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city, the first councilmen shall be entitled to compensation as follows: In cities having less than five thousand inhabitants -- twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but less than fifteen thousand inhabitants -a salary of one hundred and fifty dollars per calendar month; in cities having more than fifteen thousand inhabitants -a salary of four hundred dollars per calendar month. A councilman who is occupying the position of mayor, in addition to his salary as a councilman, shall be entitled, while serving as mayor, to an additional amount per calendar month, or portion thereof, equal to twenty-five percent of the councilmanic salary: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is passed and becomes effective as to such officers, and the compensation provided herein shall not be construed as fixing the usual compensation of such officers. Councilmen shall receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance. [1979 ex.s. c 18 § 25; 1967 ex.s. c 119 § 35A.13.040.] Notes: Severability-1979 ex.s. c 18: See note following RCW 35A,Oi.070. RCW 35x1.13.050 City manager -- Qualifications. Governance Coordination Manual May 2004 Page 45 of 54 The city manager need not be a resident at the time of his appointment, but shall reside in the cock-, after his appointment unless such residence is waived by the council. He shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office. No person elected to membership on the council shall be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he was elected. [1967 ex.s. c 119 § 35A.13.050.] RCW 35A.13.060 City manager may serve two or more cities. Whether the city manager shall devote his full time to the affairs of one code city shall be determined by the council. A city manager may serve two or more cities in that capacity at the same time. [ 1967 cx.s. c 119 § 35A.13.060.J RCW 35A.13.070 City manager —Bond and oath. Before entering upon the duties of his office the city manager shall take an oath or affirmation for the faithful performance of his duties and shall execute and file with the clerk of the council a bond in favor of the code city in such sum as may be fixed by the council. The premium on such bond shall be paid by the city. [1967 ex.s. c 119 § . 35A.13.070.] RCW 35A.13.080 City manager -- Powers and duties. The powers and duties of the city manager shall be: (1) To have general supervision over the administrative affairs of the code city; (2) To appoint and remove at any time all department heads, officers, and employees of the code city, except members of the council, and subject to the provisions of any applicable law, rule, or regulation relating to civil service: PROVIDED, That the council may provide for the appointment by the mayor, subject to confirmation by the council, of a city planning commission, and other advisory citizens' committees, commissions, and boards advisory to the city council: PROVIDED FURTHER, That if the municipal judge of the code city is appointed, such appointment shall be made by the city manager subject to confirmation by the council, for a four year term. The council may cause an audit to be made of any department or office of the code city government and may select the persons to make it, without the advice or consent of the city manager; (3) To attend all meetings of the council at which his attendance may be required by that body; (4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant the mayor to maintain law and order in times of emergency; ! 1 Governance Coordination Manual May 2004 rage 46 of 54 • (5) To recommend for adoption by the council such measures as he may deem necessary or expedient; (6) To prepare and submit to the council such reports as may be required by that body or as he may deem it advisable to submit; (7) To keep the council fully advised of the financial condition of the code city and its future needs; (S) To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter 35A.33 RCW, and to be responsible for its administration upon adoption; (9) To perform such other duties as the council may determine by ordinance or resolution. [ 1987 c 3 § 17; 1967 ex.s. c 119 § 35A.1 3.080.] Notes: Severability- -1987 c 3: See note following RCW 346.020. RCW 35A.13.090 Creation of departments, offices, and employment -- Compensation. On recommendation of the city manager or upon its own action, the council may create such departments, offices, and employments as it may find necessary or advisable and may determine the powers and duties of each department or office. Compensation of appointive officers and employees may be fixed by ordinance after recommendations are made by the city manager. The appointive officers shall include a city clerk and a chief of police or other law enforcement officer. Pursuant to recommendation of the city manager, the council shall make provision for obtaining legal counsel for the city, either by appointment of a city attorney on a full time or part time basis, or by any reasonable contractual arrangement for such professional services. [1967 ex.s. c 119 § 35A.13.090.] RCW 35A.13.100 City manager -- Department heads— Authority. The city manager may authorize the head of a department or office responsible to him to appoint and remove subordinates in such department or office. Any officer or employee who may be appointed by the city manager, or by the head of a department or office, except one who holds his position subject to civil service, may be removed by the manager or other such appointing officer at any time subject to any applicable law, rule, or regulation relating to civil service. Subject to the provisions of RCW 35A.13.080 and any applicable civil service provisions, the decision of the manager or other appointing officer, shall be final and there shall be no appeal therefrom to any other office, body, or court whatsoever. [1967ex.s.c 119 §35A.13.100.] Governance Coordination Manual May 2004 Page 47 of 54 RCW 35A.13.110 City manager -- Appointment of subordinates— Qualifications - - Terms. Appointments made by or under the authority of the city manager shall be on the basis of ability and training or experience of the appointees in the duties which they are to perform, and shall be in compliance with provisions of any merit system applicable to such city. Residence within the code city shall not be a requirement. All such appointments shall be without definite term. [1967 ex.s. c 119 § 35A.13.110.1 RCW 35A.13.120 City manager — Interference by councllmember. Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or his removal from, office by the city manager or any of his subordinates. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the manager and neither the council nor any committee or member thereof shall give orders to any subordinate of the city manager, either publicly or privately. The provisions of this section do not 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. [1967 ex.s. c 119 § 35A.13.120.j RCW 35A.13.130 City manager — Removal — Resolution and notice. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the council. At least thirty days before the effective date of his removal, the city manager must be furnished with a formal statement in the form of a resolution passed by a majority vote of the city council stating the council's intention to remove him and the reasons therefor. Upon passage of the resolution stating the council's intention to remove the manager, the council by a similar vote may suspend him from duty, but his pay shall continue until his removal becomes effective. [1967 ex.s. c 119 § 35A.13.130.] RCW 35A.13.140 City manager -- Removal —Reply and hearing. The city manager may, within thirty days from the date of service upon him of a copy thereof, reply in writing to the resolution stating the council's intention to remove him. In the event no reply is timely filed, the resolution shall upon the thirty -first day from the date of such service, constitute the final resolution removing the manager and his services shall terminate upon that day. If a reply shall be timely filed with the city clerk, the council shall fix a time for a public hearing upon the Governance Coordination Manual May 2004 ['age 48 of 54 question of the manager's removal and a final resolution removing the manager shall not be adopted until a public hearing has been had. The action of the council in removing the manager shall be final. [1967 ex.s. c 119 § 35A.13.140.] RCW 35A.13.150 City manager — Substitute. The council may designate a qualified administrative officer of the city or town to perform the duties of manager: (1) Upon the adoption of the council - manager plan, pending the selection and appointment of a manager; or (2) Upon the termination of the services of a manager, pending the selection and appointment of a new manager; or (3) During the absence, disability, or suspension of the manager. [1967 ex.s. c 119 § 35A.13.150.] RCW 35A.13.160 Oath and bond of officers. All provisions of RCW 35A.12.080 relating to oaths and bonds of officers shall be applicable to code cities organized under this council- manager plan. [1967 ex.s. c 119 § 35A.13.160 Notes: RCW 35A.13.170 Council meetings -- Quorum — Rules — Voting. Severability --1979 ex.s. c 18: See note following RCW 35A.01.070. All provisions of RCW 35A.12.110, as now or hereafter amended, and 35A.12.120, relating to council meetings, a quorum for transaction of business, rules and voting at council meetings, shall be applicable to code cities organized under this council- manager plan. - [1979 ex.s. c 18 § 26; 1967 ex.s. c 119 § 35A.13.170.] RCW 35A.13.1$0 Adoption of codes by reference. Wicane Governance Coordination Manual May 2004 Page 49 of 54 Ordinances of cities organized under this chapter may adopt codes by reference as provided in RCW 35A.12.140. [1967 ex.s. c 119 § 35A.13.180.] RCW 35A.13.190 Ordinances -- Style -- Requisites- -Veto. The enacting clause of all ordinances shall be as follows: "The city council of the city of do ordain as follows:" No ordinance shall contain more than one subject and that must be clearly expressed in its title. No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length. No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or charter, except.that an ordinance passed by a majority plus one of the whole membership of the council, designated therein as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace, may be made effective upon adoption, but such ordinance may not levy taxes, grant, renew, or extend a franchise, or authorize the borrowing of money. [1967 ex.s. c 119 § 35A.13.190.] RCW 35A.13.200 Authentication, recording and publication of ordinances. Ordinances of code cities organized under this chapter shall be authenticated, recorded and published as provided in RCW 35A.12.150 and 35A.1.2.1 CO. [1967 ex.s. c 119 § 35A.13.200.] RCW 35A.13.210 Audit and allowance of demands against city. RCW 35A.12.170 shall apply to the audit and allowance of demands against the city. [1967 ex.s. c 119 § 35A.13.210.) RCW 35.&.13.220 Optional division of city into wards. A code city organized under this chapter may be divided into wards as provided in RCW 35A.12.180. [1967 cx.s. c 119 § 35A.13.220 RCW 35A.13.230 Powers of council. The council of any code city organized under the council- manager plan provided in this chapter Governance Coordination Manual May 2004 Page 50 of 54 L:� I shall have the powers and authority granted to legislative bodies of cities governed by this title as more particularly described in chapter 35A.11 RCW, except insofar as such power and authority is vested in the city manager. [1967 ex.s. c 119 35A.13.230.1 Governance Coordination Manual May 2004 Page 51 of 54 Exhibit A -9 Section 2. Section 3. RESOLUTION NO. 03 -027 GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE NEW CITY OF SPOKANE VALLEY 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; 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. 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 Governence Coordination rules of procedure can best enhance public participation and decision making. 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.13.020. Governance Coordination Manual May 2004 Page 52 of 54 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. Section 5. Section 6. WIcane . 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 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 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. Governance Coordination Manual May 2004 Page 53 of 54 Passed and approved by the City Council of the City of Spokane Valley at a regular meeting on May 13th, 2003. Mayor Attest: Approved as to form: City Clerk City Attorney Governance Coordination Manual May 2004 Page 54 of 54 DRAFT Resolution 03 -028 adopted 5 -13 -2003 Resolution 04-013 adopted 5 -25 -2004 Spcmoliane alley ATTACHMENT A Governance Coordination Manual Resolution No. 04 -013 A Comprehensive Collection of Meeting Rules, Coordination Procedures, Administrative Public Hearing Procedures, and Applicable References from the Revised Code of Washington Adopted May 25, 2004 DRAFT S Wane ey TABLE OF CONTENTS ARTICLE 1 - COUNCIL MEETINGS 4 1.1.1 Council Meetings - Time and Location 4 1.1.2 Council Meetings - Open to the Public 4 1.2 Election of Officers 4 1.3 Presiding Officer 5 1.4 Quorum 5 1.5 Attendance, Excused Absences 5 1.6 Special Council Meetings 5 1.7 Council Material 6 1.8 Council Packets 6 1.9 Council Meeting Agenda / Consent Agenda 6 1.10 Approaching the Dais 7 1.11 Study Sessions and Workshops 7 1.12 Council Travel Provisions 8 1.13 Telephone Tree 8 1.14 "Three Touch Principle" 8 1.15 City Manager 9 1.16 City Clerk - Minutes - Public Information Access 9 1.17 City Staff- Attendance at Meetings 9 ARTICLE 2 - DUTIES AND PRIVILEGES OF MEMBERS 10 2.1 Respect and Decorum 10 2.1A Forms of Address 10 12 Seating Arrangement 10 2.3 Dissents and Protests 10 2.4 Filling Council Vacancies 10 ARTICLE 3 - COUNCIL PROCEDURES 11 3.1 Rules of Order 11 3.2 Motions 11 3.3 Order of Business 11 3.4 Adjournment Due to Emergency or Disruption 14 3.5 Permission Required to Address the Council 14 3.6 Voting and Tele /video Conferencing 14 3.7 . Enacted Ordinances, Resolutions and Motions 15 3.8 Ordinances 16 3.9 Resolutions 16 3.10 Reconsideration 17 3.11 Legislative Process, Preparation, Introduction and Flow of Ordinances, Resolutions and Motions 17 3.12 Complaints and Suggestions to Council 17 3.13 Photographs, Motion Pictures, Video Tape -- Permission Required for Artificial Illumination 18 3.14 Audio Recordings of Ivleetings 18 Governance Coordination Manual May 2004 Page 2 of 52 DRAFT S� II jValle' Exhibits and attachments: TABLE OF CONTENTS, Continued ARTICLE 4 - COMMITTEES, BOARDS & COMMISSIONS 18 4.1 Committees 18 4.2 Council Relations with Boards, Commissions and Council Citizen Advisory Bodies 19 ARTICLE 5 - RELATIONS WITH CITY MANAGER & ADMINISTRATION 19 5.1 Role of the City Manager 19 5.2 Administrative Interference by Councilmernbers 20 5.2.1 Informal Communications Encouraged 20 5.3 Administrative Complaints Made Directly to Individual Councilmembers 20 5.4 Administrative Complaints — "Best Practice" 20 ARTICLE 6 - PUBLIC REARING PROCEDURES 21 6.1 Appearance of Fairness Doctrine /1 6.2 Actions for a Public Hearing 23 ARTICLE 7 — USE OF RULES 29 7.1 Purpose 29 7.2 Use 29 7.3 Public Use or Reliance Not Intended 2 9 Exhibit A -1 Telephone Tree Memo 30 Exhibit A -2 Telephone Tree for Council / Manager Chart 31 Exhibit A -3 Parliamentary Procedure at a Glance 32 Exhibit A -4 Legislative Process Flow Chart 33 Exhibit A -5 Committee Structure and Rules 34 Exhibit A -6(1) Task Force/Town Hall Meetings General Model 37 Exhibit A -6(2) Multi - Agency Coordination Task Force Model 38 Exhibit A -7 Citizen's Task Force General Model Chart 39 Exhibit A -8 Revised Code of Washington, 35A.13, Council/Manager Plan 40 Exhibit A -9 General Policy Resolution of Core Beliefs 50 Governance Coordination Manual May 2004 Page 3 of 52 ARTICLE 1- COUNCIL MEETINGS 1.1.1 Council Meeting - Time and Location. All regular meetings of the City Council shall be held at the times and locations specified by applicable ordinances and resolutions of the Council. 1.1.2 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 orRCW 42.30.140. 1.2 Election of Officers. Procedures for electing officers are as follows: (a) 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.13.030) The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nomination. Each member of the City Council shall be permitted to nominate one (1) person, and 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. (b) 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 is not a member of the Council, 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 until the Governance Coordination Manual May 2004 (c) Except when there is only one (1) 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 votes by councilmembers in the minutes of the meeting. Page 4 of 52 DRAFT lley S�a'k aln� members of the Council agree on . a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate. 1.3 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. 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 members of the Council shall act as Mayor during the continuance of the absences. 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. 1.4 Quorum. At all 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 be posted on the exterior Council Chamber doors per RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170, 35A.12.120) 1.5 Attendance, Excused Absences. RCW 35A.12.060 provides 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 Presiding Officer, City Clerk, or City Manager prior to the meeting and state the reason for his/her inability to attend the meeting. If the member is unable to contact the Presiding Officer, the member shall contact the City Manager or City Clerk, who shall convey the message to the Presiding Officer. Following roll call, the Presiding Officer shall inform the Council of the member's absence, state the reason for such 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. 1.6 Special Council Meetings. Procedures for setting a special meeting are as follows: (a) (b) (c A special meeting may be called by the Mayor or any three (3) members of the Council. (RCW 35A.13.170, 35A.12.110) Notice of the special meeting shall be prepared in writing by the City Clerk. The notice shall contain the following information about the meeting: time, place, and business to be transacted. The notice form shall be approved by the City Attorney. The notice shall be delivered by regular or electronic mail or personally to the residence of each Councilmcmber, the City Manager, and the business office of each local newspaper, radio and television station which has on file a written Governance Coordination Manual May 2004 Page 5 of 52 DRAFT j Valley request for notice of special meetings. The notice must be delivered at least twenty -four (24) hours prior to the meeting. (d) The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080, that is: (1) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (2) As to any member who was actually present at the meeting at the time it convenes, and (3) 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. 1.7 Council Material. Councilmembers and affected staff should read the agenda material and ask clarification questions prior to the Council meeting, when possible. 1.8 Council Packets. Councilmembers shall personally pick up their agenda packets from the individual mailboxes, provided by the City Clerk, unless otherwise arranged by the member or further directed by Council. 1.9 Council Meeting Agenda / Consent Agenda. The City Clerk, under the direction of the City Manager in consultation with the Presiding Officer, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. After the proposed agenda has been reviewed and approved by the Mayor, the Presiding Officer shall have the option of deleting any item from such agenda until the next regular Council meeting when the full council shall vote on whether to introduce the item on the agenda or for a subsequent Council meeting. A copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, and the media who have filed a notification request, on or before close of business on. a Friday preceeding a Tuesday regular Council meeting, or at the close of business at least 24 hours preceeding a special Council meeting. Any revised agenda therafter distributed shall contain the date, time and author of the revision. Distribution of the agenda to Councilmembers shall be as directed by Council and may be by mail boxes in City Hall, Fax, E-mail or personal delivery when requested. Requests for presentations to be scheduled on the formal agenda imply that the presentation is the official business of the City. Playing of video tapes shall be pre - screened by the Presiding Officer or designee who shall rule on the appropriateness of the video tape. The Presiding Officer, three (3) Councihnembers, a majority of the Councilmembers present, or the City Manager may introduce a new item to the agenda at a meeting. (a) The City Manager, in consultation with the Presiding Officer, shall place matters on the consent agenda which: (1) have been previously discussed by the Council; or (2) based on the .information delivered to members of the Council by Governance Coordination Manual May 2004 Page 6 of 52 DRAFT j «y administration can be reviewed by a Councilmember without further explanation; (3) are so routine, technical or "housekeeping" in nature that passage without discussion is likely; or (4) otherwise deemed in the best interest of the City. (b) The City Clerk shall read the consent agenda actions, including the titles of any resolutions contained therein, unless waived by motion of the Council. The proper Council motion on the consent agenda is as follows: "I move adoption of the consent agenda." This motion shall be non- debatable and will have the effect of moving to adopt all items on the Consent Agenda. Since adoption 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 adopt 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. (c) 1.10 Approaching the Dais The intent of adding this item specifically to our Governance Manual is to make it clear to Staff, Council and the general public once a Council meeting has been called to order, stepping between the podium and the dais will not be allowed. This includes, but is not limited to, video recording, still photography, tape recording, and written hand -outs. Approaching the dais when any of the council is seated will not be permitted. This includes,but is not limited to: > Council recess • Before meeting has begun > After meeting has been adjourned The Council reserves the right to invite anyone forward to be addressed at the dais. 1.11 Study Sessions and Workshops. Regular or Special Council meetings, or portions thereof, may be designated as Study Sessions by the Presiding Officer. Study Sessions need have no formal agenda, except when required for special meetings under RCW 42.30.080, and may be conducted informally so long as such' informality is not in conflict with these rules. The purpose of Study Session discussions is to allow Councilmcrnbers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. The purpose of Workshops is to allow Councilmembers to do concentrated preliminary work with administration on single subjects but time consuming, complex m atters (i.e., budget, complex legislation or reports, etc.). Workshops and Study Sessions shall be in a less formal setting but shall not discourage public observation. Public comment is not allowed at study sessions although the Council may request participation in the same manner as a regular Council meeting. The City Clerk, under the direction of the City Manager, shall arrange a Governance Coordination Manual May 2004 . Page 7 of 52 DRAFT � � j Council study session or workshop worksheet for the meeting: The worksheet shall, for each item, contain the discussion subject, the discussion leader, the activity and the discussion goal. After the proposed worksheet has been approved by the Presiding Officer, a copy shall be prepared for Councilmembers, the City Manager, and the press, on or before 4:30 p.m., one (1) day before the Council study session or workshop. During the Council study session or workshop, the discussion leadershould: (a) Introduce the subject and give background information; (b) Identify the discussion goal; (c) Act as facilitator to keep the discussion focused toward the goal; and (d) Alert the Presiding Officer when it is appropriate to call for a consensus, motion or official direction of the Council. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to keep the discussion properly focused. 1.12 Council Travel Provisions This section is intended to provide guidance on the utilization of the Council budget for city business related travel expenses. The total allocation of travel funding budgeted for the Legislative Branch for the fiscal year will be apportioned (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 statements of expenditures to date will be provided 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 account. During the last six (6) months of a Councilmember's current term of office, incurring City business - related travel expenditures require 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. 1.13 Telephone Tree. Occasionally there are very important or emergency happenings in the community where members of the Council should receive briefings as quickly as , possible. A City Council telephone tree system has been adopted by Council motion and is attached as Exhibit A -1 & A -2. - ].14 'Three Touch Principle." Decision makers and citizens at all levels of the City should have adequate time to thoughtfully consider the issues prior to final decisions it is the intent of the Council that the Council and Administration shall abide by the "Three Governance Coordination Manual May 2004 t Page 8 of 52 D.RAFT touch principle "whenever possible. The following procedural guidelines are designed to avoid "surprises" to the City Courieil, Citizens and Administrative personnel_ • 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" (oral, written or any combination thereof) the Decision makers three separate times, Quasi - judicial rnatters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." ▪ It is recognized that the hands of . decision makers should not be tied unnecessarily, Unexpected circumstances may arise (especially during new city incorporation efforts) wherein observance of the "Three Touch Principle" is irpracticle. However, when unusual circumstances arise which justify a "first discussion" decision, the persons requesting the expedited decision should also explain the timing circumstance, This Principle excludes staff reports and other general communications not requiring a Council decision, 1.15 City Manager. The City Manager, as the chief executive officer and head of the . adini_nistrative branch of city government, 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 n ecessary or expedient; prepare and submit to the Council such reports as inay 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. In the event that The City Manager is unable to attend a Council meeting, the City Manager shall appoint a key staff member to attend the meeting as the representative of City administration. (RCW 35A.13.O8O) 3.16 City Clerk - Minutes - Public Information Access. The City Clerk shall be ex- officio Clerk-of-the-council and 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. I the absence of the City Clerk, the City Clerk shall appoint a replacement to act as Clerk-of-the-Council. The Clerk -of- the - Council shall keep minutes which identify the general discussion of the issue and complete detail of the official action or consensus reached, if any. • The City Clerk shall tape record the proceedings of all public hearings, regular meetings, and of all land use matters and quasi - judicial matters, and shall keep and make available an index of the topics of each meeting which will facilitate location of the item in the appropriate minutes of business , Access to the tape recordings shall be made reasonably available to any party who so requests, according to City public information procedures. (See Sec. 3.14_) 1.17' City staff— Attendance at Meetings. Attendance at meetings by City staff shall be • at the pleasure of the City Manager. It is the intent of the Council that the manager Page 9 of Governance Coordination Manual May 1004 2 DRAFT SiZka ....*Valley schedule adequate administrative support for the business at hand but also protect the productive capability of Department Heads. When sound system or other monitoring capabilities exist, the Manager may allow personnel to utilize productive time in their offices or other areas while waiting for the specific item of business for which their appearance before the Council is necessary. End ofArticle 1 Council Meetings ARTICLE 2 - DUTIES AND PRIVILEGES OF MEMBERS 2.1 Respect and Decorum. It is the duty of the Mayor and Councilmembers to maintain dignity and respect for their offices, City staff and the public. While the Council is in session, the Councilmembers shall preserve order and decorum and a member shall neither, by conversation or otherwise delay or interrupt the proceedings of the Council, nor disrupt or disparage any member while speaking. Councilmembers and the public shall obey the orders of the Chair Any person mating disruptive, disparaging or impertinent remarks or unreasonably disturbing the business of the Council, either while addressing the Council or attending it's proceedings, shall be asked to leave, or be removed from the meeting. Continued disruptions may result in a recess or adjournment as set forth in section 3.4 of this resolution. 2.1A 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. 2.2 Seating Arrangement. Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. - 2.3 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. 2.4 Filling Council Vacancies. If a vacancy occurs on the City Council, the Council will follow the procedures outlined in RCW 35A.13.020. in order to fill the vacancy with the most qualified person available until an election is held, the Council will publish a notice of the vacancy, the procedure, and distribute the application form for applying. The Council will draw up an application which contains relevant information to answer set questions posed by the Council. The application forms will be used in conjunction with an interview of each candidate to aid the Council's selection of the new Councilmember. End ofArticle 2 - Duties and Privileges of Members Governance Coordination Manual May 2004 Page 10 of 52 DRAFT ARTICLE 3 - COUNCIL MEETII\°G PROCEDURES 3A Rules of Order. Rules of order not specified by statute, ordinance or resolution shall be governed by the chart of the most cominon "Rules of Order" questions. Attached as - Exhibit A -3. (a) 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. 3.2 Motions and Discussion. (a) All items of business placed before the Council that require the expenditure of Council and /or administration resources shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. Agenda items scheduled as New or Old Business shall require a motion by a Councihnember before discussion unless the Council shall suspend 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. (b) (c) When possible, Councilmembers should direct questions primarily to the City Manager. 33 Order of Business. The business of all regular 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 the business before the Council more expeditiously. (a) Call to order by the Presiding Officer. (b) Pledge of Allegiance. (c) Invocation. (d) Roll Call (see Section 1.5 for procedure to excuse an absence). Governance Coordination Manual May 2004 Page 11 of 52 DRAFT_ j al. ley (f) (g) (e) Committee, board and liaison summary reports. Extended reports shall be placed after New Business or submitted in writing. Presiding Officer's report. Comments from the public on subjects not on the agenda - limit 3 minutes each, unless modified by the Presiding Officer. Note: 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 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 after first stating their name, address, and the subject of, their corments. The Presiding Officer may then 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 the agenda or a future agenda, or refer the matter to administration or a Council committee for investigation and report. 2. Subjects on the current agenda. Any member of the public who wishes to address the Council on an 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 Mayor, in consultation with the 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. 4. There will be no demonstrations 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.. These rules are intended to promote an orderly system of holding a public meeting, to give persons opportunity to be heard and to create an Governance Coordination Manual May 20(14 Page 12 of 52 DRAFT jalley environment in which no individuals are embarrassed by exercising their right of free speech. 6. Any ruling by the Presiding Officer relative to the subsections 1 and 2 above may be overruled by a vote of a majority of members present. 7. Public comments received during the public comment period shall not be allowed by the Council if they relate to any matter upon which a public hearing may be required. (h) Public Hearings (see Article 6 for procedural details). (i) Consent Agenda (see Section 1.9 (a) for procedural details). (j) Old Business. (k) New Business. (1) Public Comments. (3minute time limit each) (m) Administrative Reports. Reports or tracking of an administrative nature. (n) Information. (o) Executive Session (as required). Executive sessions may be held in accordance with the Open 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 Chair shall publicly announce the purpose for excluding the public from the meeting place and the time when the executive session shall be concluded. If the Council wishes to adjourn at the case of a meeting from executive session, that fact will be announced don with the estimated time_ or the executive session. The announced time limit for executive sessions may be extended by announcement of the Chair. Councilmembers must keep confidential all oral and • written information rovided durin executive sessions to . rotect the best interests o the Ci Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exemlt from disclosure under the Code of Ethics for Municipal Officers. Next meeting date announced by Presiding Officer. Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m., without approval of a majority of the Councilmembers who are present and eligible to vote. A new time limit must be established before taking a Council vote to extend the meeting. In the event that a meeting•has not (p) (q) Governance Coordination Manual May 2004 Page 13 of 52 DRAFT_ j been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular Council meeting as old business, unless the Council, by a majority vote of members present, determines otherwise. 3.4 Adjournment Due to Emergency or Disruption. In the event of emergency, such as a fire, threatened violence, or inability to regain good order, the Mayor shall forthwith declare the meeting adjourned or continued and the City Council shall immediately leave the meeting room. 3.5 Permission Required to Address the Council. Persons other than Councilmembers and administration shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or the chair of the appropriate Council committee. 3.6 Voting and Tele /video Conferencing. 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, except that 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) (c) In case of a tie vote on any proposal, the motion shall be considered lost. Every member who was in the Council chambers when the question was put, shall give his/her vote unless the Council, for special reasons, shall excuse the member by motion. If any Councilmember refuses to vote "aye" or "nay ", their vote shall be counted as a "nay" vote unless the Councilmember is abstaining due to actual, or appearance of, a conflict of interest. (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 or violence of nature or riot or insurrection or war (except for the statutory powers of the Mayor in accordance with RCW 35A.13.030), and provisions for a lesser emergency, such as a budget amendment, shall require the affirmative vote of at least a majority plus one (1) of the whole membership of the Council. (RCW 35A.13.190) In the event calamitous conditions should prevent assembly of such majority thru death or injuries, the provisions of RCW 35A.13.035 may be invoked. The passage of any motion or resolution not subject to the provisions of Washington law, the Spokane Valley Municipal Code,. or this Resolution as amended requiring a "super majority" for approval, shall require the affirmative (f) Governance Coordination Manual May 2004 Page 1.4 of 52 , 4:21,-!- _'. --t_, DRAFT vote of at least a majority of the membership of the Council who are present and eligible to vote. (g) 1. Tele/video conference participation by Councilmembers may be allowed provided technical availability and compatibility of electronic equipment shall enable the Councilmember to hear the procedings, be heard by those present and participate in Council discussion. (a) Requests to use tele /video conference participation for voting purposes shall be limited to extraordinary circumstances and must be ruled upon by the Council -of -the -Whole by specific motion before the Council main agenda begins. (b) In such case, adequate equipment must allow the tele/video conference participant to engage in Council discussion and be heard. Telephone/computer system charges are to be at the Councilrnember's own expense, unless waived in the Council motion. Adequate notice must be given to allow hookup in time for the main agenda. 2. Requests to monitor by tele/video conference in a nonvoting capacity shall be granted provided technical capability exists and adequate notice is given, and shall be at the Councilmember's own expense, unless waived in the Council motion. 3. No tele /video conference participation for voting purposes shall be allowed for public hearings or any quasi- judicial proceedings. Video conferencing may be perrnitted upon a majority vote of the Council present at the meeting site for such proceedings provided that all documents and exhibits are clearly visible and legible to all participants and provided that a video and audio record of the videoconference is made and provided to the clerk. The cost of such videoconferencing and record thereof shall be paid by the Councilmember requesting videoconferencing, unless waived by vote of the City Council. • 4. Examples of extraordinary circumstances would be emergencies or illness, accident, unforeseen urgent business, etc. 3.7 Enacted Ordinances, Resolutions and Motions. (a) An enacted ordinance is • a legislative act prescribing general rules of organization or conduct relating to the corporate affairs of the municipality. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. Governance Coordination Manual May 2004. Page 15 of 52 DRAFT ells . (b) 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 fomral than a motion is desired. (c) 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. 3.8 Ordinances. The procedures for ordinances are as follows: (a) A Councilmember may, in open session, request of the Presiding Officer that the Council study the wisdom of enacting an ordinance. The Presiding Officer then may assign the proposed ordinance to the administration, a committee or the Council -of -the -Whole for consideration. The committee or administration shall report its findings to the Council. The City Manager may propose the drafting of ordinances (RCW 35A.13). Citizens and Boards and Commissions may also propose consideration of ordinances and resolutions, see Exhibit A -4 attached. Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution, he or she should so announce, make the initial motion and provide an introduction for the measure. (c) All ordinances shall normally have two (2) 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; provided that should a Councilmember request that the entire ordinance or certain of its, sections be read, such request shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting. • (d) The provision requiring two (2) separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. (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 second reading. (b) (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. 3.9 Resolutions. A resolution may be put to its final passage on the same day on which it was introduced. However, Council may invoke the two (2) reading procedures described Governance Coordination Manual May 2004 Page 16 of 52 in Section 3.8 (c) above to facilitate public understanding andfor comment on the resolution. The title of each resolution shall, unless waived by the City Council, be read prior to its passage. A Councilmember may request that the entire resolution or certain of its sections be read, and such request shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting. 3.10 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 : DRAFT j « • any action previously reconsidered, • motions to adjourn or motions to suspend the rules, • an affirmative vote to lay an item on, or take an item from, the table, • or a vote electing to office one who is present and does not decline. Such motion for reconsideration can only be made by a member of the prevailing side on the original action. A motion to reconsider must be made no later than the next succeeding regular Council meeting. A motion to reconsider is debatable only if the action being reconsidered is debatable. Upon passage of a motion to reconsider, the subject matter is returned to the table anew at the next regular Council meeting for any action the Council deems advisable. 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 (5) days advance notice of such discussion and /or action. 3.11 Legislative Process, Preparation, Introduction and Flow of Ordinances and Resolutions and Motions. Ordinances and Resolutions will customarily be prepared, introduced and proceed in the manner described on the flow chart attached hereto as Exhibit A-4, and* by this reference incorporated herein. Prior to final passage of all ordinances, resolutions or motions, such documents or proposals shall be desigiated as DRAFTS. All such drafts shall also be dated to include the most recent revision. (a) PROPOSED DRAFTS shall contain the dateand name of the group or individual originating or sponsoring the proposal prior to the first presentation to the City. Council. Proposed drafts may be initiated by individual Councilmembers, the City Manager, Citizens or by Boards, Commissions or other task COUNCIL ' DRAFTS shall be documents or proposals which have been presented in open session and voted by the City Council for further consideration. 3.12 Complaints and Suggestions to Council. When citizen complaints or suggestions are brought before the City Council not on an agenda, the Presiding Officer shall, in (b) Governance Coordination Manual May 2004 Page 17 of 52 DRAFT SiSeikape consultation with the City Manager, first determine whether the issue is legislative or administrative in nature and then: (a) If legislative, and a complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if the Council finds such complaint suggests a change to an ordinance or resolution of the City, the Presiding Officer may refer the matter to a committee, administration, or the Council -of- the -Whole for study and recommendation. If administrative, and a complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Presiding Officer 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. (b) 3.13 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 flood lights, 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. 3.14 Audio Recordings of Meetings. All regular meetings, public hearings and quasi-judicial proceedings of the City Council shall be recorded by the City Cleik on an audio recording device. Workshops or study sessions are mostly comprised of legislative or administrative project discussion with no formal action intended. Therefore, workshops or study sessions shall not be recorded except as set forth in Section 1.14 above, unless the Council elects upon advice of the City Manager, City Attorney, or City Clerk. End of Article 3 - Council Procedures ARTICLE 4 - COMMITTEES, BOARDS & COMMISSIONS 4.1 Committees. (a) All standing Commttees, Boards, and Commissions which are required by state law shall be appointed by the Mayor with confirmation by the Council. All other Council Committees, Citizen's Taskforce groups and rules or operating procedures thereof shall . be established by Council Directive with special attention to RCW 35A.13.120, and after consultation with the City Manager. Such committees shall be commissioned for a time certain, not to exceed two (2) years or the tern of the appointing Mayor, whichever is less and provided with a clear task description and "sunset' provision. Appointment shall be by the Mayor. Council may waive confirmation in the instrument creating said committee or (b) Governance Coordination Manual May 2004 _ Page 18 of 52 DRAFT � Other special ad hoc committees and Council liaisons for a particular purpose may be appointed by the Mayor, without confirmation of Council for a time certain, not to exceed the term of the appointing Mayor, along with a clear task description and "sunset" provision. (d) Committees, liaisons and citizen's taskforce groups shall be given an opportunity to make a recommendation, when appropriate, on proposed ordinances, resolutions and motions within their area of responsibility or interest, before action is taken by the Council. The appropriate spokesperson shall present the recommendation(s) during discussion of that business item on a Council agenda. No Advisory Board or Commission shall take any final action outside of an open public meeting. (c) (e) 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 Conunission which have been appointed or confirmed by the Council, may be removed without cause by a majority vote of the Council. A copy of the motion(s), or as hereafter amended, establishing committees, liaisons and citizen's task force groups shall be attached hereto, as Exhibit A -5. (See the attached related charts Exhibits A -6 (1) (2) & A -7.) 4.2 Council Relations with Boards, Commissions and Council Citizen Advisory. All statutory boards and commissions and Council citizen advisory bodies of the City of Spokane Valley shall provide the Council with copies of minutes of all meetings. Communications from such boards, commissions and bodies to the City Council shall be acknowledged by the Council. 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." Should any member of the Council determine that any such communication be officially answered by the Council, the Presiding Officer shall place the matter on the agenda under New Business for the current meeting or any subsequent meeting. End of Article 4 - Committees, Boards & Commissions ARTICLE 5 - RELATIONS WITH CITY MANAGER & ADMINISTRATION 5.1 Role of the City Manager. The City Manager is the chief administrative officer of the City of Spokane Valley. The 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.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with City Manager's accountability to the City Governance Coordination Manual May 2004 Page 19 of 52 DRAFT Scaane 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. 5.2 Adnithistrative Interference by Counrilmembers. 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 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 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. (RCW35A_13.1 0.) 5.2.1 Informal Communications Encouraged. The above requirement of RCW 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 the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff releveirt to their assignment, Such informal contacts can serve to promote better understanding of specific City functions and problems. However, CounciIrnembers 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 ouncilrne bebers will inform .their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. 5.3 Administrative Complaints blade Directly to Individual Cuunciihnembers. When administrative policy or administrative performance complaints are made directly to individual Co uncib embers, the councilmember shall then refer the rnatter directly to the City Manager for review and/or action. The individual Councilmember may request to be infortued of the action or response nnade to the complaint However, the City Manager shall riot be required to divulge information he/she deems confidential, in conformity with applicable statutes, ordinances, regulations, policies or practices. 5.4 Administrative Complaints - "Best Practice". 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 that case refer to Section 5.1 above, .End of Article 5 ^ Relations with C'. y Maiwger & Administration Governance Coordination Manual rvlay 2004 . Page 20 of 52 DRAFT ARTICLE 6 - PUBLIC HEARING PROCEDURES 6.1 Appearance of Fairness Doctrine. Appearance of Fairness Doctrine and its Applicatipn: (a) Appearance of Fairness Doctrine Defined. "in short, when the law which calls for public hearings gives the public not only the right to attend, but the right to be heard as well, the hearings must not only be fair but must appear to be so. It is a situation where appearances are quite as important as substance." Smith vs. Skaeit County, 75 Wn.2d 715 (1969). "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). 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 42.36.010). Street vacations are typically legislative actions, unless clearly tied to, and integrated into, a site - specific development proposal which is quasi-judicial in nature. Obligations of Couny lmembers - 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 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 (b) (c) Governance Coordination Manual May 2004 Page 21 of 52 DRAFT Sffikane 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 Councilmernber 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 riot be relied upon to invalidate the decision. The party seeking to disqualify the Councilrnember 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 M.anager shall direct the City Attorney to interview the Councilmember and render an opinion as to the likelihood that an Appearance of Fairness violation would be sustained in Superior Court. Should such challenge be made in the course of a quasi - judicial hearing, the counclimember shall either recuse himlherself 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 Councilrnember to excuse him/herself en the basis of an Appearance of Fairness violation. Further, if two (2) or more Councilmetribers believe that an Appearance of Fairness violation exists, such individuals may nave to request a Councihnernber to excuse him herself on the basis of an Appearance of Fairness violation, In arriving at this. decision, the Presiding Officer or other Councilmembers shall give due regard to the opinion of the City Attorney. (d) Specific Statutory Provisions_ 1. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, RCW 42,36,040, except that sitting Councilmerribers shall not express their opinions on any such matter which is or may come before the Council. 2. A candidate for the City Council who complies with all provisions of applicable public disclosure and ethics laws shall not be limited under the Appearance of Fairness Doctrine from accepting campaign contributions to finance.the campaign, including outstanding debts, (RCW 42.36.050) c o 'ernance Coordination Manual 1' May 2004 page 22 of 52 DRAFT Spokane ' w361s1b‘ ' Procedure On Application- Any person making application for any action leading to a quasi judicial hearing before the Planning Commission and 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, 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. 6.2 Actions fora Public Hearing. The procedures for a public hearing are as follo vs: (a) Prior to the start of the public hearing, the Presiding Officer may require that all persons wishing to be heard shall sign in with the City Clerk, giving their naunes and addresses, the agenda item, and whether they wish to spew as proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard.. However, the Presiding Officer shall be authorized to establish speaker time limits and otherwise control presentations to avoid repetition. In public hearings that are not of a quasi - judicial nature, the Presiding Officer, subject to concurrence of the majority of the. Council, may establish time limits and otherwise control presentations- The Presiding Officer may change the order of speakers so that testimony is heard in the most logical groupings, (i -e., proponents, opponents, adjacent owners, vested interests, etc.) - (f) 3. Ex Parte communications should be avoided whenever possible. During the pendency of any quasi - judicial proceeding, no Councilrnember may engage in ex pane 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) provided that a public announcement of the content of the communication and of the parties' right 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. (ROW 42- 36.060) 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. Governance Coordination Manual May 2004 Page 23 01.52 DRAFT SPiane (b) (o) The Presiding Officer introduces the agenda item, opens the public hearing, and announces the following Rules of Order: l . All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall. first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. If there is any appeal, the court must make its decision on the basis of what was said at the public hearing. 2. It is not necessary to be a proponent or opponent in order to speak, If you consider yourself neither a proponent nor opponent, please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. 3. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to reracval from the meeting. 4. There will be no demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation, The Couricil is not allowed to consider such expressions and it takes time away from the speakers. 5. These rues 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. 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 Councilmetriber 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 Councilrnembers 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 party contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Couecilmernber 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 Governance Coordination Manual May 2001 Page 24 of 52 ? DRAFT_ Nall y administration as to whether a violation of the Appearance of fairness Doctrine exists. (d) • Site - Specific Comprehensive Plan and Zoning Amendments ( "Rezones "). The following are general concepts and not intended to add to or change applicable statutes or ordinances or to he considered a land use control. Under Washington's Growth Management Act, Chapter 36.70A RCW, as implemented by Spokane Valley, site - specific rezone requests (initiated by property owners or developers) are processed not more frequently than once each year, concurrently with the Comprehensive Plan amendment process. This assures that all rezones are consistent with the overarching purposes and intent of the Growth Management Act and the City's Comprehensive Plan. All zoning must be consistent with, and implement the Comprehensive Plan. To that end, at the outset of each public hearing or meeting to consider a zoning amendment or zoning reclassification, the Presiding Officer or City Attorney will announce the legal standards for Comprehensive Plan and zoning amendments and ask the parties to limit their presentations to information within the scope of the standards. The form of the announcement is as follows: "The following are general concepts regarding Comprehensive Plan and zoning amendments under the law of the State of Washington: 1. The current zoning is presumed valid. The burden of proof is on the applicant for the site-specific Comprehensive Plan and zoning amendment to establish by proof in sufficient measure that the following requirements have been satisfied. In making its decision, the City Council will consider the recommendations made by the Planning Commission and the record developed before the Planning Com.inission. Requirements (a), (b), and (c) stated below shall be "considered" and weighed by the Council. The Council must affirmatively find that the applicant has satisfied requirements (d) through (k): (a) Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Spokane Valley Comprehensive Plan; Whether the assumptions upon which the Spokane Valley Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments of the Spokane Valley Comprehensive Plan; (c) Whether the proposed amendment reflects current widely held community values; (b) Governance Coordination Manual May 2004 Page 25 of 52 -�1 DRAFT SVMane y r (d) The proposed amendment meets - concurrency requirements for transportation, sewer, and water, and does not adversely affect adopted level of service standards for other public facilities and services, such as police, fire and emergency medical services, park services, and general government services; The proposed amendment is consistent with the goals, policies and objectives of the various elements of the Spokane Valley Comprehensive Plan; (e) (f) (g) (i) The proposed action does not materially affect the land use and growth projections which are the basis of the Comprehensive Plan; (l) The proposed action does not materially affect the adequacy or ' availability of urban facilities and services to the immediate area and the overall area of the city; and (k) Governance Coordination Manua] May 2004 The proposed amendment will not result in probable significant adverse impacts to the city's transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities; Jo the case of an amendment to the land use map, the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including but not limited to access, provision of utilities and compatibility with existing and planned surrounding land uses; The proposed amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long -term interests of the community in general; The proposed amendment is consistent with the GlviA, the adopted county -wide planning policy of Spokane County, any other applicable interjurisdictiona] policies or agreements, and any other state or local laws. 3. • The facts in support of the application may come from any source; either the applicant, the administration, or the public.. The important consideration is that the.decision must be made on the basis of information provided to the Planning Commission and to the City Council at this public hearing or any continued public hearing. All evidence such as photographs, letters, charts, maps, slides, computer presentations or other P age 26 of S2 DRAFT S •�iL. evidence must remain in the record in a form which can be reviewed on any appeal. For example, a print out of a computer slide show may be submitted. Any exhibit not remaining in the record will not be considered. 4. After the testimony, the public hearing will be closed and there will be a motion to approve the plan and zoning amendment. This does not mean that the member so moving or so seconding is in favor of the rezone, but that Council has been advised by the City Attorney that affirmative motions are preferable. 5. Following the decision, this body must make findings of fact and conclusions of reasons for its action. These findings may be drafted by the administration or there may be a recess for the drafting of such items. PUBLIC HEARING (e) The Presiding Officer announces the matter, opens the public hearing, asks all persons who intend to be witnesses to be sworn to tell the truth and then calls upon City administration to describe the matter under consideration. The Presiding Officer may individually swear witnesses. "Bearing in mind the legal standards 1 have just described, please limit your comments to information within the scope of these standards." (f) The Presiding Officer will customarily call for proponents in quasi-judicial proceedings and for speakers in non-quasi-judicial proceedings. When considering a site- specific Comprehensive Plan and zoning amendment or zoning reclassification, the Presiding Officer shall announce: "Site plans, artistic renditions, and the like in support of a zoning amendment should be avoided except as they help explain the terms of any proposed or anticipated conditions for approval. Any graphic representations should be used for illustrative purposes only, and the administration or City Council should avoid indicating approval or disapproval of such plans. Such evidence shall remain a part of the record." (g) The proponents or speakers now speak. (Note: if the City of Spokane Valley is the proponent, a member or members of the administration shall be designated to give proponent and rebuttal testimony.) (h) The Presiding Officer calls for additional proponents or speakers. (i) In non-quasi-judicial proceedings refer to Section 3.3 (h), otherwise the Presiding Officer calls for opponents by announcing the following: "At this time the opponents and persons who do not claim to be either a proponent or an opponent will have an opportunity to speak. Should any Governance Coordination Manual May 2004 Page 27 of 52 DRAFT StSeikane (j) (k) opponent have questions to ask of the proponents, ask the questions during your presentation. The proponents shall note the question asked, and answer such questions when the proponent speaks in rebuttal. The proponent shall be required to answer any reasonable question, provided that the Presiding Officer reserves the right to rule any question out of order." Opponents speak. The Presiding Officer calls for additional opponents up to three (3) tunes. (1) The Presiding Officer calls for proponents to speak in rebuttal. A proponent speaking in rebuttal shall not introduce new materials. If the proponent does, or is allowed to do so, the opponents shall also be allowed to rebut the new elements. The Presiding Officer announces the following: "At this time I will inquire of the administration whether the administration wishes to introduce any testimony as to subjects raised by the proponents or opponents, or alter in any regard its initial recommendations." (n) The Presiding Officer inquires as to whether Councilmembers have any questions to ask the proponents, opponents, speakers, or administration. If any Councilmember has questions, the appropriate individual will be recalled to the podium. The Presiding Officer may also permit questions by Councilmembers of any witness at the conclusion of their testimony. Questions of witnesses submitted by proponents or opponents may be asked by the Presiding Officer of such witnesses if deemed relevant. (m) (o) The Presiding Officer closes the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing unless the Presiding Officer declares the record open until a date certain for the purpose of receiving written testimony, such as a legal brief on a subject(s) specified by the Presiding Officer: (P) (q) The Presiding Officer inquires if there is a motion by any Councilmembers. If a motion is made, it shall be in the form of an affirmative motion. Following the motion and its second; discussion occurs among Councilmembers. The Presiding Officer may call on individual Councilmembers in the discussion. The Presiding Officer inquires if there is any further discussion by the Councilmembers. (r) The Presiding Officer inquires if there are any final comments or recommendations from administration. Governance Coordination Manual May 2004 Page 28 of 52 fp D R A FT sioiane (s) The Presiding Officer inquires of the Councilrembcrs as to whether they are ready for the question_ (t) The City Clerk shall conduct a roll call vote_ (a) The Presiding Officer may direct the administration to prepare findings. The findings may be approved the same night, if ready, or may be placed on the agenda of the next regular meeting, Did o f Article 6 - .Public Hearing Procedure. ARTICLE 7 — USE OF RULES 7.1 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 marry 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. 7.2 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 ouncilmember'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. 7.3 Public. Use or Reliance Not Intended. Because these rules are designed to assist the City Council and not to provide substantive rules affecting constituants, 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. End ofArtzcle 7 Use of Rules Governance Coordination Manual May 2004 Page 29 of 52 DRAFT EXHIBIT A -1 Motion "To Approve the Telephone Tree Memo Herein Contained and Incorporated as Exhibit A -1 of the City of Spokane Valley Council Rules of Procedure." APRIL , 200 MEMORANDUM DATE: TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: EMERGENCY TELEPHONE TREE FOR SPOKANE VALLEY GOVERNMENT Sometimes an important happening occurs in the City where Councilmembers should be briefed: For example: Major News! Accident, Disaster, Major Utility Failure! Storm Damage Major Police Problem Civil Emergency A pre - arranged "telephone tree" . informs the entire Council of important happenings in the shortest possible time. An informed Councilmember can avoid embarrassment when asked by a citizen about a major event even when it does not involve the Council in any direct way. The telephone tree for timely briefings of major emergency news is shown on the attached sheet. The Mayor should assign the tree according to availability of the members. Governance Coordination Manual May 2004 Page 30 of 52 DRAFT Telephone Tree for Council / Manager Government NAME PHONE (WORK) PHONE (HOME) CELLULAR First call by Mayor or City Manager MAYOR OR CITY MANAGER NAME PHONE (WORK) PHONE (HOME) CELLULAR EXIJBIT A -2 Motion "To Approve the Telephone Tree for Council / Manager Chart Herein Contained and Incorporated as Exhibit A -2 of the City of Spokane Valley Council Rules of Procedure," -r 1st COUNCIL MEMBER NAME —► PHONE (WORK) PHONE (HOME) CELLULAR 2rnd COUNCIL MEMBER NAME PHONE (WORK) PHONE (HOME) CELLULAR Governance Coordination Manual May 2004 Page 31 of 52 s j COUNCIL MEMBER NAME I. PHONE (WORK) PHONE (HOME) CELLULAR —s COUNCIL MEMBER NAME PHONE (WORK) PHONE (HOME) CELLULAR COUNCIL MEMBER NAME PHONE (WORK) PHONE (HOME) CELLULAR COUNCIL MEMBER NAME PHONE (WORK) PHONE (HOME) CELLULAR To do this: - You say this: May you interrupt speaker? ,Must be seconded? Is motion debatable? Vote required Introduce business "1 move that ..." NO YES YES MAJORITY Amend a motion "1 move to amend this motion" NO YES YES MAJORITY Request information "Point of information" YES NO NO NO VOTE Suspend further discussion "I move we table it" NO YES NO MAJORITY End debate "I move the previous question ..." NO YES NO ,MAJORITY Postpone discussion "I move we postpone this matter until.." NO YES YES MAJORITY Have something further studied by a committee "1 move we refer ..." NO YES • YES MAJORITY Ask for a vote count to verify a voice vote "I call for a division of the house" NO NO NO NO VOTE Object to considering some matter 9 object to consideration of this" YES • NO . NO MAJORITY Take up a matter previously tabled "1 move to take from the table ..." NO YES NO MAJORITY Reconsider something already disposed of "I move we reconsider action on ... YES YES YES MAJORITY Consider something in unscheduled order "1 move we suspend the rules and ..." NO YES NO MAJORITY Vote on a ruling by the chair "I appeal the chair's decision" YES YES YES MAJORITY Object to procedure or personal affront—chair decid "Point of order" YES NO NO NO VOTE Complain about noise, room temperature, etc. "Point of privilege" YES NO NO NO VOTE Recess the meeting "I move that we recess until .. " NO YES NO MAJORITY Adjourn the meeting "I move that we adjourn" NO YES NO MAJORITY DRAFT Motion "To Approve the Parliamentary Procedure at a Glance Herein Contained and Incorporated as Exhibit A-3 of the City of Spokane Valley Council Rules of Procedure." l 'TARY PROCEDURE AT A GLANCE Governance Coordination Manual May 2004 EXHIBIT A -3 Page 32 of 52 DRAFT EXHIBIT BIT A -4 Motion "To Approve the Legislative Process Flow Chart Incorporated as Exhibit A4 of the City of Spokane Valley Council Rules of Procedure Booklet." Approved May 13, 2003 City Manager (proposed draft) 1 Administration study draft (proposed draft) LEGISLATIVE PROCESS FLOW CHART City Council Council Study Session (Council draft or summary) City Council 1st reading Public meeting (Council draft) 4 City Council 2nd reading ordinances (Council ordinance) ADOPTED POLICY / LAW OF THE CITY IF REJECTED Governance Coordination Manual May 2004 Page 33 of 52 j Valley Citizens (proposed draft) Initiative filed (only for matters subject to initiative in accordance with Washington law) Election held If approved by voters, ordinance prepared DRAFT j Valley EXHIBIT A -5 Motion "To Approve the Committee Structure And Rules Herein Contained and Incorporated as Exhibit A -5 of the City of Spokane Valley Council Rules of Procedure." 1. Standing Committees or Commissions required by law shall be appointed by 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: Finance -- 3 members Planning Commission -- 7 members Lodging Tax Advisory Committee -- 5 members. Committee Procedures: The Finance Committee shall have no regular prescribed duties or meetings except the bills/payroll and warrant procedures required by state law, unless specifically charged by the City Council. Committee meetings (when held) 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-of-the-Whole, unless referred to a committee for pre- study. 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. 2. Council liaison appointees shall be appointed by the Mayor and confirmed by the • Council for a time certain not to exceed the term of the appointing Mayor. 3. Liaison Procedures. 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 (ie: Planning Commission quasi-judicial). Liaisons functions and duties may be further defined and/or directed by the Presiding Officer with concurrence of Council. Governance Coordination Manual May 2004 Page 34 of 52 DRAFT Sga ,...0" 4 Task Force Creation Criteria. The City Council may from time to time, create, and appoint members to, small Task FOTCe Groups for the purpose of examining issues and making recoil rnendians important to the City Council but not requiring the more formalized process stated in (5) below- In all cases, the instrument appointing a Task Force shall prescribe a time certain for the work of the Task Force, contain a clear task assignment and a method of "sunsetting" the group upon completion of the task. 5. Task Force/Public Forum Steering Group for `Public Issues of high interest/high impact. Upon motion of the City Council, a Councilrnember may be appointed by the Tvlayor as a liaison leader to organize a steering group to strategize a particular community subject or issue - The steering group shall consist of two Councilmembers and one representative of City Administration The Councilrnembers shall be appointed by the Mayor and 'the technical support shall be appointed by the City Manager- Such appointments shall identify the task(s) and a method of determining how the group shall "sunset" when the task is completed. The steering group shall serve as a collection point for information and activity pertaining to the task or issue assigned. Various City representation roles and Council liaisons may be involved in bringing information together on the task or issue. The steering group liaison informs Council of the group's activity at Council rneetings (when appropriate). A task force group may then be created by Council motion (directive) to function according to the model attached as Exhibit A(1.. 6. Task Force/Public Forum Procedures. When major public policy development warrants, and after adequate preparation of issues and alternatives, the steering group may conduct larger citizen forums to help develop a public consensus on the issues. The product of such citizen forums, when held, shall be presented to the City Council prior to the customary City Council deliberations (i,e -, agenda actions, public hearings, etc -) which could normally result in final action - The procedures are further illustrated in Exhibit A6(1) attached. The City Manager may also appoint such ad hoc or special projects administrative - advisory task groups as he or she may deem necessary to assist City administrative activity- Such appointments shall identify the task(s) and a method of determining how the group shall "sunset" when the task is completed. 7- Citizens Task Force Steering Procedures. When the nature of a major issue indicates a need for increased citizen involvement or expertise at the steering level of a task force, the Council may, by legislative directive, commission a Citizens Task Force Steering Group consisting of one (1) councilmember, one (1) qualified citizen, and the City • Manager. The Citizens Task Force shall function in a manner similar to the Task Force Procedures contained in Sections 4 and 5 above. The procedures are further illustrated in Exhibit A7, attached. . Governance Coordination Manual May 2004 Page 35'431 52 DRAFT j S. Multi- Agency Coordinating Task Force Steering Procedures. When a major public/private effort involves key agencies outside of City Government but vital to community coordination, the Council may create by legislative directive, an appropriately named (Multi Agency) Coordinating Task Force Steering Group. Membership shall consist of one (1) councilrnember, the City Manager, one (1) representative from each City Board or Commission key to the issue or project and one (1) member from each private, non- profit agency with key interest or resources vital to the issue or project. 9. General Town Hall/Neighborhood Meetings. The public should be encouraged to attend regular and special City Council meetings to participate in their government. The City Council Rules of Procedure are designed to facilitate an open atmosphere for citizen participation. However, any two (2), but not more than three (3), members of the City Council may desire to convene a citizens' town hall/neighborhood meeting or series of meetings for the purpose of providing a general forum on city operations. Such town hall meetings shall, when convened, provide information pertaining to any known issues as well as opportunity for citizens to express their views on any subject. The Councilmembers may request that the City Manager or his/her designee attend these meetings to answer questions on administrative matters. Although not official council meetings, members of the City Council shall report issues to the City Council. Councilmembers should avoid discussion or receiving testimony which pertains or may pertain to potential lawsuits, land use issues, or other quasi - judicial proceedings which might later come before the Council. Governance Coordination Manual May 2004 Each agency shall appoint one (1) member to serve on the Steering Group and one (1) member to serve as alternate. Except for the first organizational start-up meeting, alternates shall not attend Steering Group meetings. Steering Group members shall function in a manner similar to the task force procedures described in Sections 4, 5, and 6 above. The procedures are further illustrated in Exhibit A6(2) attached. • Page 36 of 52 DRArr EXHIBIT A -6(1) . TASK FORCE/TOWN HALL MEETINGS GENERAL MODEL Representation/Coordination Roles by Councilmetnber, Staff Regional Groups 1 Task Force Steering 2 Council (appointed by Mayor) City Manager (Technical Support) Appointed by CM Technical Groups & Organizations O. Liaison Role Councilmeinber information & two way communication Information coordinated by steering group — reports to Council by liaison or directly to public task force forums 1 Public Process Role • Open Subject Town Hall Meetings Local Interest Groups & Organizations Governance Coordination Manual May 2004 Page 37 of 52 City Council Meetings Public Process Task Force Public Forums* "Public Forums "Town Hall Meetings "Hearings, etc. *Can be an appointed core group with general public forum or closed group, depending on issues Final Public Input Forum Formal agenda discussion, public comment, public hearings, etc. Citizen Input Path Report to Council by steering group Citizen 'Issue Consensus Forums Presentation, group discussions, identify issues, develop consensus MOTION "To Approve the Task Force/Town Hall General Model IIerein Contained and Incorporated as Exhibit A6(1) of the City of Spokane Valley Council Rules of Procedure." DRAFT MULTI-AGENCY COORDINATING TASK FORCE MODEL -Non City Agency /Group -Non City Agency /Group Representation/Coordination Roles by Steering Group Members Plan Community Information and Involvement Strategies Liaison Role Two -Way Task Force Steering Group 1- Councilmember 1 -City Manager I -City Board or Commission 1 -Non City Agency /Group 1 -Non City Agency /Group (Each agency appoints its own rep) * Gather information *Technical Groups & Organizations .t)vernance Coordination Manual May 2004 EXHIBIT A -6(2) Liaison Role Councilmcmber /City Manager& two way communication City Board or Commission • Town Hall Meetings Information coordinated by steering group — rcports to Agency by liaison or directly to public task force forums Local Interest Groups & Organizations Service Clubs, etc. Page 38 of 52 SPOIcane City Council Meetings Public Process Comp. Plan Review Task Force Public Forums* *Open House Forums *Town Hall Meetings *Club Programs Info *Can be an appointed core group with general public forum or closed group, depending on issues Final Public input Forum Formal agenda discussion, public comment, public hearings, etc. Task Force Input Path Report to Council by steering croup Citizen Issue Consensus Forums Presentation group discussions, identify issues, develop consensus MOTION "To Approve the Multi- Agency Coordinating Task Force General Model Chart Herein Contained and Incorporated as Exhibit A6(2) of the City of Spokane Valley Governance Coordination Rules of Procedure." DRAFT CITIZENS TASK FORCE GENERAL MODEL Citizen Input Qualified non -city —` official appointee Regional Groups Motion "To Approve the Citizens' Task Force General Model Chart Herein Contained and Incorporated as Exhibit A7 of the City of Spokane Valley Council Rules of Procedure." i Task Force Steering 1 Council - (appointed by Mayor) 1 Citizen - (appointed by Mayor. approved by Council) 1 Staff - (appointed by City Manager) (Technical Support • _ Representation 1 Coordination Roles by Councilmember, Citizen or Staff Technical Groups & Organizations Governance Coordination Manual May 2004 EXHIBIT A -7 Liaison Role Counrs;lmember or citizen, Information & two way cornrnunicstion Public Process - - Community Consensus Role Information coordinated by steering group - reports to Council by liaison or directly to public task force forums Local lnterest Groups & Organizations City Council Meetings Public Process 4 Public Forums Task Force Town Hall Meetings Others 4— •-- Page 39 of 52 Final Public Input Forum Formal agenda discussion, public— comment, public hearings, etc. Citizen Input Path Report to Council by steering group Citizen Issue Consensus Forums Presentation, group discussions, — identify issues, develop consensus 35A.13.170 Council meetings— Quorum -- Rules -- Voting. 35A.13.180 Adoption of codes by reference. 35A.13.190 Ordinances — Style -- Requisites - -Veto. 35A.13 200 Authentication, recording and publication of ordinances. 35A.13.210 Audit and allowance of demands against city. Governance Coordination Manual May 2004 Chapter �RC'u' COUNCIL- MANAGER PLAN OF GOVERNMENT Exhibit A -8 TStE1eODE ofitikegsl ING1T@N 5A Real Chap en.3 A. OP.TIO.NAL MUNICIPAL CODE 3 RCW GOUNGIL= MANAGER` OF GO, ,ERNMENiW 35A.1.3.010 City officers- -Size of council. 35.A.13.020 Election of councilmen -- Eligibility— Terms - Vacancies -- Forfeiture of office -- Council chairman. 35A.13.030 Mayor -- Election -- Chairman to be mayor -- Duties. 35A.13.033 Election on proposition to designate person elected to position one as chairman -- Subsequent holders of position one to be chairman. 3_5A.13.035 Mayor pro tempore or deputy mayor. 35A.13.040 Compensation of councilmen -- Expenses. 35A.13.050 City manager—Qualifications. 35A.13.060 City manager may serve two or more cities. 35A.13.070 City manager - -Bond and oath. 35A.13.080 City manager -- Powers and duties. 35A.13.090 Creation of departments, offices, and employment -- Compensation. 35A.13.100 City manager— Department beads - - Authority. 35A.13.110 City manager—Appointment of subordinates -- Qualifications -- Terms. 35A.13.120 City manager— Interference by councilmcmbers. 35 A,13.130 City manager -- Removal -- Resolution and notice. 35A.13.140 City manager -- Removal —Reply and bearing. 35A.13.150 City manager -- Substitute. 35A.13.160 Oath and bond of officers. Page 40 of 52 'v_ %`h 35A.13.220 Optional division of city into wards. ,__J 35A.13.230 Powers of council. RCW 35A.1.3.010 City officers—Size of council. 0 The councilmembers shall be the only elective officers of a code city electing to adopt the council- manager plan of government authorized by this chapter, except where statutes provide for an elective municipal judge. The council shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and head of the administrative branch of the city government. The city manager shall be responsible to the council for the proper administration of all affairs of the code city. The council of a noncharter code city having less than twenty -five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants the council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city decreases from twenty -five hundred or more to less than twenty -five hundred, it shall continue to have a seven member council. If, after a city has become a council- manager code city its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city. When the population of a council - manager code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.13.020, appoint two persons to serve in these offices until the next municipal general election, at which election one. person shall be elected for a two -year term and one person shall be elected for a four -year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the council - manager plan of government set forth in this chapter may provide for an uneven number of councilmembers not exceeding eleven. A noncharter code city of less than five thousand inhabitants which has elected the council- manager plan of government and which has seven councilmanic offices may establish a five- member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two- year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040. However, a noncharter code city that has retained its old council- manager plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government. [1994 c 223 § 35; 1994 c 81 § 72; 1987 c 3 § 16; 1985 c 106 § 2; 1983 c 128 § 2; 1979 ex.s. c 18 § 24; 1979 c 151 § 34; 1967 ex.s. c 119 § 35A.13.010.7 Governance Coordination Manual May 2004 Page 41 of 52 Notes: Severability-1987 c 3: See note following RCW 3.46.020. Severability-1979 ex.s. c 18: See note following RCW 35A.01.070. Population determinations, office offinancial management: Chapter 43.62 RCW. RCW 35A.13.020 Election of councilmen— Eligibility— Terms — Vacancies — Forfeiture of office— Council chairman. In council- manager code cities, eligibility for election to the council, the manner of electing councilmen, the numbering of council positions, the terms of councilmen, the occurrence and the filling of vacancies, the grounds for forfeiture of office, and appointment of a mayor pro tempore or deputy mayor or councilman pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a code city organized under the mayor - council plan, except that in council- manager cities where all council positions are at -large positions, the city council may, pursuant to RCW 35A.13.033, provide that the person elected to council position one shall be the council chairman and shall carry out the duties prescribed by RCW 35A.13.030. [1994 c 223 § 36; 1975 1st ex.s. c 155 § 1; 1967 ex.s. c 119 § 35A.13.020.] RCW 35A.13.030 Mayor— Election — Chairman to be mayor — Duties. Biennially at the first meeting of the new council the members thereof shall choose a chairman from among their number unless the chairman is elected pursuant to RCW 35A.13.033. The chairman of the council .shall have the title of mayor and shall preside at meetings of the council. In addition to the powers conferred upon him as mayor, he shall continue to have all the rights, privileges, and immunities of a member of the council. The mayor shall be recognized as the head of the city for ceremonial purposes and by the governor for purposes of military law. He shall have no regular administrative duties, but in time of public danger or emergency, if so authorized by ordinance, shall take command of the police, maintain law, and enforce order. [1975 1st ex.s. c 155 § 2; 1967 ex.s. c 119 § 35A.13.030.] RCW 35.4.13.033 Election on proposition to designate person elected to position one as chairman— Subsequent holders of position one to be chairman. The city council of a council- manager city may by resolution place before the voters of the city, a proposition to designate the person elected to council position one as the chairman of the council with the powers and duties set forth in RCW 35A.13.030. If a majority of those voting on the proposition cast a positive vote, then at all subsequent general elections at which positicn one is on the ballot, the person who is elected to position one shall become the chairman upon taking office. [1975 1st ex.s. c 155 § 3.] RCW 35A.13.035 Mayor pro tempore or deputy mayor. Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their number as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the absence or temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise, appoint any qualified person to Governance Coordination Manual May 2004 Page 42 of 52 SaSkanee j serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence or disability of a councilman, the remaining members by majority vote may appoint a councilman pro tempore to serve during the absence or disability. [ 1969 ex.s. c 81 § 1.] Notes: Effective date -1969 cx.s. c 81: "This 1969 amendatory act shall take effect July 1, 1969." [1969 ex.s. c 81 § 7.] RCW 35A_13.040 Compensation of councilmen — Expenses. it The salaries of the councilmen, including the mayor, shall be fixed by ordinance and may be revised from time to time by ordinance, but any increase or reduction in the compensation attaching to an office shall not become effective until the expiration of the term then being served by the incumbent: PROVIDED, That compensation of councilmen may not be increased or diminished after their election nor may the compensation of the mayor be increased or diminished after the mayor has been chosen by the council. Until councilmen of a newly - organized council- manager code city may lawfully be paid as provided by salary ordinance, such councilmen shall be entitled to compensation in the same manner and in the same amount as councilmen of such city prior to the adoption of this council - manager plan. Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city, the first councilmen shall be entitled to compensation as follows: In cities having less than five thousand inhabitants twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but less than fifteen thousand inhabitants--a salary of one hundred and fifty dollars per calendar month; in cities having more than fifteen thousand inhabitants - -a salary of four hundred dollars per calendar month. A councilman who is occupying the position of mayor, in addition to his salary as a councilman, shall be entitled, while serving as mayor, to an additional amount per calendar month, or portion thereof, equal to twenty -five percent of the councilmanic salary: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is passed and becomes effective as to such officers, and the compensation provided herein shall not be construed as fixing the usual compensation of such officers. Councilmen shall receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance. [1979 ex.s. c 18 § 25; 1967 ex.s. c 119 § 35A.13.040.] Notes: Severability -1979 ex.s. c 18: See note following RC\V 35A.01.070. RCW 35A.13.050 City manager— Qualifications. Governance Coordination Manual May 2004 Page 43 of 52 The city manager need not be a resident at the time of his appointment, but shall reside in the coder'' 'c after his appointment unless such residence is waived by the council. He shall be chosen by the coL:;.. solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office. No person elected to membership on the council shall be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he was elected. [1967 ex.s. c 119 § 35A.13.050.] RCW 35A.13.060 City manager may serve two or more. cities. Whether the city manager shall devote his full time to the affairs of one code city shall be determined by the council. A city manager may serve two or more cities in that capacity at the same time. [1967 ex.s. c 119 § 35A.13.060.] RCW 35A.13.070 City manager—Bond and oath. Before entering upon the duties of his office the city manager shall take an oath or affirmation for the faithful performance of his duties and shall execute and file with the clerk of the council a bond in favor of the code city in such sum as may be fixed by the council. The premium on such bond shall be paid by the city. [1967 cx.s. c 119 § 35A.13.070.] RCW 35A.13.080 City manager -- Powers and duties. The powers and duties of the city manager shall be: (1) To have general supervision over the administrative affairs of the code city; (2) To appoint and remove at any time all department heads, officers, and employees of the code city, except members of the council, and subject to the provisions of any applicable law, rule, or regulation relating to civil service: PROVIDED, That the council may provide for the appointment by the mayor, subject to confirmation by the council, of a city planning commission, and other advisory citizens' committees, commissions, and boards advisory to the city council: PROVIDED FURTHER, That if the municipal judge of the code city is appointed, such appointment shall be made by the city manager subject to confirmation by the council, for a four year term. The council may cause an audit to be made of any department or office of the code city government and may select the persons to make it, without the advice or consent of the city manager; (3) To attend all meetings of the council at which his attendance may be required by that body; (4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant the mayor to maintain law and order in times of emergency; Governance Coordination Manual May 2004 Page 44 of 52 (5) To recommend for adoption by the council such measures as he may deem necessary or expedient; (6) To prepare and submit to the council such reports as may be required by that body or as he may deem it advisable to submit; (7) To keep the council fully advised of the financial condition of the code city and its future needs; (8) To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter 35A.33 RCW, and to be responsible for its administration upon adoption; (9) To perform such other duties as the council may determine by ordinance or resolution. [1987 c 3 § 17; 1967 ex.s. c 119 § 35A.13.080.] Notes: Severability --1987 c 3: See note following RCW 3.46.020. RCW 35A.13.090 Creation of departments, offices, and employment -- Compensation. On recommendation of the city manager or upon its own action, the council may create such departments, offices, and employments as it may find necessary or advisable and may determine the powers and duties of each department or office. Compensation of appointive officers and employees may be fixed by ordinance after recommendations are made by the city manager. The appointive officers shall include a city clerk and a chief of police or other law enforcement officer. Pursuant to recommendation of the city manager, the council shall make provision for obtaining legal counsel for the city, either by appointment of a city attorney on a full time or part time basis, or by any reasonable contractual arrangement for such professional services. [1967 ex.s. c 119 § 35A.13.090.] RCW 35A.13.100 City manager -- Department heads — Authority. The city manager may authorize the head of a department or office responsible to him to appoint and remove subordinates in such department or office. Any officer or employee who may be appointed by the city manager, or by the head of a department or office, except one who holds his position subject to civil service, may be removed by the manager or other such appointing officer at any time subject to any applicable law, rule, or regulation relating to civil service. Subject to the provisions of RCW 35A.13.080 and any applicable civil service provisions, the decision of the manager or other appointing officer, shall be final and there shall be no appeal therefrom to any other office, body, or court whatsoever. [1967 ex.s. c 119 § 35A.13.100.] Governance Coordination Manual May 2004 Page 45 of 52 RCW 35A.13.11,0 [1967 cx.s. c 119 § 35A.13.110.] RCW 35A.13.120 City manager- - Interference by councilmember. [1967 ex.s. c 119 § 35A.13.120.] Governance Coordination Manual May 2004 City manager — Appointment of subordinates -- Qualifications -- Terms. Appointments made by or under the authority of the city manager shall be on the basis of ability and training or experience of the appointees in the duties which they are to perform, and shall be in compliance with provisions of any merit system applicable to such city. Residence within the code city shall not be a requirement. All such appointments shall be without definite term. Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or his removal from, office by the city manager or any of his subordinates. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the manager and neither the council nor any committee or member thereof shall give orders to any subordinate of the city manager, either publicly or privately. The provisions of this section do not - 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.13.130 City manager and notice. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the council. At least thirty days before the effective date of his removal, the city manager must be furnished with a formal statement in the form of a resolution passed by a majority vote of the city council stating the council's intention to remove him and the reasons therefor. Upon passage of the resolution stating the council's intention to remove the manager, the council by a similar vote may suspend him from duty, but his pay shall continue until his removal becomes effective. [1967 ex.s. c 119 § 35A.13.130,] RCW 35A.13.140 City manager— Removal —Reply and hearing. The city manager may, within thirty days from the date of service upon him of a copy thereof, reply in writing to the resolution stating the council's intention to remove him. In the event no reply is timely filed, the resolution shall upon the thirty -first day from the date of such service, constitute the final resolution removing the manager and his services shall terminate upon that day. If a reply shall be timely filed with the city clerk, the council shall fix a time for a public hearing upon the Page 46 of 52 San` Valley question of the manager's removal and a final resolution removing the manager shall not be adopted until a public hearing has been had. The action of the council in removing the manager shall be final. [1967 ex.s. c 119 § 35A.13.140.] RCW 35A.13.150 City manager — Substitute. The council may designate a qualified administrative officer of the city or town to perform the duties of manager: (1) Upon the adoption of the council - manager plan, pending the selection and appointment of a manager; or (2) Upon the termination of the services of a manager, pending the selection and appointment of a new manager; or (3) During the absence, disability, or suspension of the manager. [1967 ex.s. c 119 § 35A.13.150.] RCW 35A.13.161 Oath and bond of officers. All provisions of RCW 35A.12.080 relating to oaths and bonds of officers shall be applicable to code cities organized under this council- manager plan. [1967 ex.s. c 119 § 35A.13.160.] RCW 35A.13.170 Council meetings -- Quorum -- Rules— Voting. All provisions of RCW 35A.12.110, as now or hereafter amended, and 35A.12.120, relating to council meetings, a quorum for transaction of businESs, rules and voting at council meetings, shall be applicable to code cities organized under this council- manager plan. [1979 ex.s. c 18 § 26; 1967 ex.s. c 119 § 35A.13.1701 Notes: Severability-1979 ex.s. c 18: See note following RCW 35A.01.070. RCW 35A.13.00 Adoption of codes by reference. .Governance. Coordination Manual May 2004 Page 47 of 52 Ordinances of cities organized under this chapter may adopt codes by reference as provided in RCW 35A.12.140. [ 1967 ex.s. c 119 § 35A.13.180.] RCW 35A.13.190 Ordinances -- Style - - Requisites —Veto. The enacting clause of all ordinances shall be as follows: "The city council of the city of . do ordain as follows:" No ordinance shall contain more than one subject and that must be clearly expressed in its title. No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length. No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or charter, except that an ordinance passed by a majority plus one of the whole membership of the council, designated therein as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace, may be made effective upon adoption, but such ordinance may not levy taxes, grant, renew, or extend a franchise, or authorize the borrowing of money. [1967 ex.s• c 119 § 35A.13.190.] RCW 35A.13.200 Authentication, recording and publication of ordinances. Ordinances of code cities organized under this chapter shall be. authenticated, recorded and published as provided in RCW 35A.12.150 and 35A.12.160. [1967 ex.s. c 119 § 35A.13.200.] . RCW 356. 13.210 Audit and allowance of demands against city. RCW 35A.12.170 shall apply to the audit and allowance of demands against the city. [1967 cx.s. c 119 § 35A.13.2)0.] RCW 35A.13.220 Optional division of city into wards. A code city organized under this chapter may be divided into wards as provided in RCW 35A.12.180. [1967 ex.s. c 119 § 35A.13220.] RCW 35A.13.230 Powers of council. The council of any code city organized under the council - manager plan provided in this chapter Governance Coordination Manual May 2004 Page 418 of 52 shall have the powers and authority granted to legislative bodies of cities governed by this title as more particularly described in chapter 35A.1 1 RCW, except insofar as such power and authority is vested in the city manager. [1967 cx.s. c 119 § 35A.13230.] Governance Coordination Manual May 2004 Page 49 of 52 Exhibit A -9 Section 2. Section 3. RESOLUTION NO. 03 -027 GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF TIIE NEW CITY OF SPOKANE VALLEY 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; 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. 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 Govemence Coordination rules of procedure can best enhance public participation and decision making. 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.13.020. Governance Coordination Manual May 2004 Page 50 of 52 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. 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 5. Section 6. Section 7. 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, 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. Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (b) (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. 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. (c) Governance Coordination Manual May 2004 Page 51 of 52 Passed and approved by the City Council of the City of Spokane Valley at a regular meeting on May 13th, 2003. Mayor Attest: Approved as to form: City Clerk City Attorney Governance Coordination Manual May 2004 Page 52 of 52 ATTACHMENTS Resolution No. 04 -015 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 25, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent 0 old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution 04 -015, Regarding Cable Franchise Renewal Proceedings GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Ordinance establishing franchise fee approved 3/31/03. Memorandum of Understanding on terms and conditions to participate in the regional cable advisory board approved 9/16/03. Three members appointed to Cable Advisory Board on 2/24/04. BACKGROUND: Cable franchises and the franchise renewal process are regulated by the federal government. The Cable Act of 1984 allows for both a formal and informal renewal process. The City assumed the County's cable franchise agreement with Comcast upon incorporation. The agreement expires on September 4, 2006. There is a 36 -month window on the formal renewal process. Comcast invoked the formal process on September 30, 2003, but intends to concurrently negotiate under both the formal and informal processes. The City has begun the ascertainment phase of the formal process by participating in the Cable Advisory Board and by gathering citizen comments. The purpose of this agenda item is to define the formal cable franchise renewal process. OPTIONS: NIA RECOMMENDED ACTION OR MOTION: Move to approve Resolution 04 - 015 Regarding Cable Franchise Renewal Proceedings BUDGET /FINANCIAL IMPACTS: None at this time. The City may engage consultants to help in the renewal process, for which there is $50,000 budgeted. STAFF CONTACT: Morgan Koudelka, Administrative Analyst DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 04-015 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REGARDING CABLE FRANCHISE RENEWAL PROCEEDINGS IN THE CiTY OF SPOKANE VALLEY, WASHINGTON WHEREAS, the City of Spokane Valley (hereafter "City") is a local franchising authority, and the local cable television operator, Comcast Corporation thereafter "Comcast "), operates in the City under a cable television franchise first approved September 5, 1991 as Spokane County Resolution number 91 -1247; and WHEREAS, on or about September 30, 2003, a letter was submitted by Comcast, attached hereto, requesting renewal of the cable television franchise; and WHEREAS, if formal proceedings have been duly requested under Section 626(a) of the Federal Cable Act (47 U.S.C. 546), the City must within six months commence a proceeding ( "ascertainment process ") which affords the public in the franchise area appropriate notice and participation for the purposes of (A) identifying the future cable - related community needs and interests, and (13) reviewing the performance of the cable operator under the franchise during the then current franchise term; and WHEREAS, the City initiated the ascertainment process within six months under the Federal Cable Act. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. To the extent required by law, Section 626(a) proceedings have been commenced to identify future cable- related community needs and interests and to review the performance of the current cable operator under the current franchise. Section 2. Any such proceedings shall remain open until declared completed by resolution of the City Council, upon a determination by the City Council that there has been an adequate opportunity for public participation and appropriate notice has been given to examine the questions as required under Section 626(a) Section 3. Any municipal administrative proceedings required under Section 626(c), as it may apply, shall be conducted by the City Hearings Examiner in accord with the requirements thereof. Section 4. Nothing in this resolution waives any legal or contract rights the City may have, the same being expressly reserved and preserved. The City specifically reserves the right to Resolution 04 -015 Cable Franchise Renewal Page 1 of'2 \` l DRAFT dispute the sufficiency of the September 30, 2003 letter to require it to initiate formal proceedings pursuant to 47 U.S.C. 546, Section 626(c). Section 5. adoption. ATTEST: DATED this day of May, 2004. Christine Bainbridge, City Clerk Approved as to Form: Cary P. Driskell, Deputy City Attorney This Resolution shall be in full force and effective immediately upon Michael DeVleming, Mayor Resolution 04 -015 Cable Franchise Renewal Page 2 oft Comcast September 30, 2003 The Honorable Mike De\rielning Mayor, City of Spokane Valley 1 1707 East Sprague, .Suite 106 Spokane Valley, WA 99206 Subject: FEJ N.CHISE RENEWAL Dear Mayor DeVlerning:. We at Comcast appreciate the opportunity to serve the citizens of Spokane Valley. It is our credo that we will be the company to look to first for products and services that connecrpeople to what's important in their lives. In living our credo, we look forward to providing broadband services to our customers in Spokane Valley for many year to come. Therefore, we are taking this step to ensure the renewal of our franchise with you. The Cable Communications Polity-Act of 1984 ( "the 1984 Cable Act ") encourages franchisors and cable operators to reach renewal agreements at anytime through an informal •process of discussion. However, Section 626 1984 Cable Act,also provides for commencement of a formal renewal procedure. To preserve our statutory rights to this formal procedure, this letter is our official notice to you invoking that provision. This letter is notintended t� introduce a new .formality into our discussions, nor is that tlic intention ofthe 1984 Cable Act. In fact, we prefer to.reach a mutuallysatisfactory agreement through informal negotiations, thus making many of the .1984 Cable Act's formal procedures unnecessary. I will be happy to discuss this matter with you, or provide any.additional information that you may require. I look forward to meeting with you in the near future and to continuing a relationship that, we believe, benefits.both the, community and the residents of Spokane Valley, Sincerely, Kenneth G. Watts General Manager Caaaxs1 Cabta Comrfgminacrs, Inc. 1717 E U+ rdceye Ave. )Gcare,'WA 99207 CERTIFIED MAIL, RETURN RECEIPT REQUESTED cc: Brad L. Dusto,.Comcast, M:ountain.Division President Deborah Luppold, Comcast, Mountain Division Vice President of Government Affairs Janet L. Turpca, Comcast, Executive Director, Frame isingfGovernment Affairs CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 25, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion authorizing the City Manager to execute an Interlocal Agreement relating to the Regional Siting Process for Essential Public Facilities. GOVERNING LEGISLATION: RCW 36.70A - Growth Management Act (GMA) PREVIOUS COUNCIL ACTION TAKEN: City Council was briefed on the Regional Siting Process for Essential Public Facilities on April 13, 2004. BACKGROUND: "Essential Public Facilities" include facilities that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling, in- patient facilities including substance abuse, mental health, group homes and secure community transition facilities. GMA requires the adoption of a process to provide for the siting of Essential Public Facilities, including Secure Community Transition Facilities ( SCTFs). ( "Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive altemative environment. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services to its residents.) The 2001 legislation relating to SCTFs prompted the creation of an inter - jurisdictional task force that established a regional review process adopted in July 2002, with location analysis to which all jurisdictions within Spokane County are signatory with the exception of Spokane Valley and Liberty Lake. Absent City agreement with the regional review process, the location of essential public facilities, including SCTFs, may be determined by the State. The first step in the analysis requires the application of functional criteria to all potential sites to permit selection of the top ten. These sites are then screened using more qualitative criteria to narrow the alternatives to three. Both processes include public comment periods. Finally, the Board of County Commissioners holds a public hearing to allow additional public comment, to identify - mitigation strategies, if required, and to rank the sites, selecting the preferred alternative. The proponent of the facility is required to work with the local jurisdiction to secure all necessary permits. The requirement for siting Essential Public Facilities is included in the current and proposed update of the Countywide Planning Policies. A wastewater treatment facility, for example, would be subject to the review. RECOMMENDED ACTION OR MOTION: Approval of a motion authorizing the City Manager to execute an Interlocal Agreement relating to the Regional Siting Process for Essential Public Facilities. BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Marina Sukup, Community Development Director ATTACHMENTS Spokane County Regional Siting Process for Essential Public Facilities ESSENTIAL, PUBLIC FACIIILIFIT1IES *Wane .••OValley ommunity De\ielopment Department • City Council was briefed on the Regional Essential Public Facilities (EPF) Siting Process on April 13, 2004 1 2 EPF Siting Process • Functional criteria applied to all potential sites to permit selection of the top ten locations • More qualitative criteria applied to narrow the alternatives sites to three • Both processes include public comment • 'Finally, the Board of County Commissioners holds a ,public hearing to allow additional public comment, to . }.� `� NI 1: � ti identify mitigation strategies'', if required.and to rank selecting g �prefer�e alternative r proponent local jurisdi required necessary work permits. o Tog coon Q� secure do • The requirement for siting EPFs is included in the current and proposed update of the Countywide Planning Policies (CWPPs). • A wastewater treatment plant, for example, is, subject to the reviewprocess. 3 • Approval of a motion authorizing the City Manager to execute an inter -local agreement for the regional ;siting:of EP.Fs r " '.cM1Y J T Y I I. 4 3 0136 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF ADOPTING AN INTERLOCAL ) AGREEMENT 'REGARDING SITING OF ESSENTIAL ) PUBLIC FACILITIES WITHIN SPOKANE COUNTY ) AND TO AMEND THE SPOKANE COUNTY DIVISION) FINDINGS OF FACT OF PLANNING'S ZONING AND LAND USE FEE ) AND SCHEDULE TO ADOPT A UNIFIED SPOKANE ) RESOLUTION COUNTY REGIONAL SITING PROCESS ) ADMINISTRATION FEE ) WHEREAS, pursuant to RCW 36.32.120(6), the Board of County Commissioners of Spokane County, Washington, hereinafter referred to as the `Board," has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of RCW 36.70A, on November 5, 2001 the Board adopted a Comprehensive Plan and Capital Facilities Plan for Spokane County, hereinafter referred to as the "Comprehensive Plan" (County Resolution No. 1- 1059); and \WHEREAS, on March 12, 2002 the Washington State Legislature declared an emergency and passed Engrossed Substitute Senate Bill 6594 (ESSB 6594) implementing the recommendations of the Joint Select Committee on the Equitable Distribution of Secure Community Transition Facilities, and on March 21, 2002 the Governor signed ESSB 6594; and WHEREAS, pursuant to the provisions of ESSB 6594 Spokane County, along with all planning jurisdictions within the state of Washington, was mandated to amend its Comprehensive Plan to include a process for identifying and siting essential public facilities, hereinafter referred to as EPFs, including, among other facilities, secure community transition facilities as defined in RCW 71.09.020; and WHEREAS, on August 13, 2002 pursuant to the provisions of RCW 36.70A(200)(1) and (2) the Board adopted an amendment to the Comprehensive Plan regarding siting of EPFs, including a revision to Comprehensive Plan Policy CF.15.1 relating to EPFs and the Spokane County Regional Siting Process for Essential Public Facilities (Spokane County Resolution No. 2 - 0812); and WHEREAS, the Board's Decision set forth in Spokane County R.esolution No. 2 -0812 included a directive to the Division of Planning Staff to prepare, in cooperation with all jurisdictions in Spokane County, an interlocal agreement outlining administrative procedures for the Spokane County Regional Siting Process for Essential Public Facilities; and Page 1 of 4 3 0136 WHEREAS, pursuant to the above- referenced directive and the provisions of RCW 39.34 (Interlocal Cooperation Act), Spokane County, in cooperation with the City of Airway Heights, the City of Cheney, the Town of Deer Park, the Town of Fairfield, the Town of Latah, the City of Liberty Lake, the City of Medical Lake, the Town of Millwood, the Town of Rockford, the Town of Spangle, the City of Spokane, and the Town of Waverly, through staff assigned to the EPF Task Force, jointly prepared the Interlocal Agreement regarding Siting of Essential Public Facilities within Spokane County and its Attachment "A" hereinafter collectively referred to as the "inter Agreement for Sting EPFs" and which is attached hereto, incorporated herein by reference, and outlines particularly the administrative procedures for the Spokane County Regional Siting .Process for Essential Public Facilities, and WHEREAS, it has been acknowledged by all parties to the Interlocal Agreement for Siting EPFs that state and federal laws regarding siting requirements for certain types of essential public facilities will take precedence over the Spokane County Regional Siting Process for Essential Public Facilities; and WHEREAS, it is the intent of all parties to the Interlocal .4greenenr for Siting EPF that a) housing for persons with handicaps as defined under the Federal Fair Housing Act and b) housing for children in the custody of the state, which housing includes "community facilities" as defined in RCW 72.O5.020 and facilities licensed under chapter 74.15 RCW are exempt from the Spokane County Regional Siting Process, for Essential Public Facilities; and WHEREAS, it is the intent of all parties to the Interioca1 Agreement for .Siting EPPs that housing for juveniles held in county detention facilities or state juvenile institutions as defined in RCW 13,40,020 is subject to the Spokane County Regional Siting Process for Essential Public Facilities; and WHEREAS, AS, the City of Airway Heights, the City of Chesney, the Town of Deer Park, the Town of Fairfield, the City of Liberty Lake, the Town of Millwood, and the Town of Spangle have adopted the Interlocal Agreement for Siting EPFs; and WHEREAS, the Town of Latah, the City of Medical Lake, the Town of Rockford, the City of Spokane, and the Town of Waverly are in the process of adopting the Interlocal Agreement for Siting EPFs; and WHEREAS, the Interlocal Agreement for Siting EPFs provides for the Board by Resolution to establish an application fee for applicants proposing to site an EPF of statewide or regionallcount ide nature within any jurisdiction in Spokane County; and WHEREAS, as part of the preparation of the Interlocal Agreement for ,Siting EPI+'s the EPF Task Force, recommended a unified Spokane County Regional Siting Process Administrative 'Fee of twelve hundred dollars ($1200) per applicant; and Page 2 of 4 3 0136 WHEREAS, on April 23, 1985 the Board adopted a Division of Building and Planning Fee Schedule for Land Use Actions, Application, and /or Permits (County Resolution No. 85- 0332) and on February 13, 1996 the Board amended said Fee Schedule (County Resolution No. 96- 01.74); and WHEREAS, on November 19, 2002 the Board amended the above referenced Fee Schedule (County Resolution No. 2- 1098); and WHEREAS, included in the above referenced Fee Schedule is a provision for fees to be administratively adjusted annually based on the Consumer Price Index West B/C for population sizes of 1,500,000 and under; and WHEREAS, pursuant to WAC 197 -11- 800(20), the adoption of administrative procedures and a fee schedule relating solely to governmental procedures and containing no substantive standards respecting use or modification of the environment is procedural and therefore categorically exempt from threshold determination and EIS requirements of the State Environmental Policy Act (SEPA); and WHEREAS, after providing ten (10) days public notice, on January 21, 2003 the Board held a public hearing to receive public testimony both for and against the Interlocal Agreement for Siting EPFs, including a unified Spokane County Regional Siting Process Administrative Fee; and WHEREAS, the Board, being desirous of giving the matter further consideration did determine to continue the public hearing to February 4, 2003, for decision only; and WHEREAS, the Board, after considering the recommendation of the EPF Task Force regarding a unified Spokane County Regional Siting Process Administrative Fee, the Interlocal Agreement for Siting EPFs, and the records of the Division of Planning relating to EPFs, concurs with the recommendation of the EPF Task Force regarding a unified Spokane County Regional Siting Process Administrative Fee and Interlocal Agreement for Siting EPFs and determines the best interest of the general public, as well as its health, safety and welfare, will be met by the Board • adopting the Interlocal Agreement regarding Siting of Essential Public Facilities within Spokane County and its Attachment "A ", including the unified Spokane County Regional Siting Process Administrative Fee. NOW, THEREFORE, BE IT RESOLVED by the Board, after considering all of the above, that the Interlocal Agreement regarding Siting of Essential Public Facilities within Spokane County and its Attachment "A ", including the unified Spokane County Regional Siting Process Administrative Fee, attached hereto and incorporated herein by reference, be adopted; and BE IT FURTHER RESOLVED that the Board does hereby adopt as Findings of Fact all recitals herein as well as the Board's Decision dated August 13, 2002 as set forth in County Resolution No. 2 -0812: Page 3 of 4 3 0136 APPROVED THIS 4TH D AY '.. ;,,BRUARY 2003. ATTEST: Vicky M. Dalton Clerk o . e Board B Page 4 of 4 Daniela Erickson, Deputy BOARD OF COUNTY COMMISSIONERS OF SPO 1E •UNITY, WASHINGTON M " ate Mc 1 n, Commissioner 3 IN TERLOCAL AGREEMENT regarding Siting of Essential Public Facilities within Spokane County WHEREAS, the Growth Management Act (GMA), RCW 36.70A.200, requires that no local comprehensive plan or development regulation may preclude the siting of essential public facilities; and WHEREAS, the GMA was amended in 2001 to expand the definition of essential public facilities to include secure community transition facilities for civilly committed sexual offenders; and WHEREAS, the GMA was also amended in 2002 to include a September 1, 2002 deadline for all cities and counties planning under RCW 36.70A.040 to establish a process, or amend their existing process, for identifying and siting essential public facilities and adopt or amend development regulations as necessary to provide for the siting of secure community transition facilities; and WHEREAS, the Countywide Planning Policies for Spokane County require the Steering Committee of Elected Officials to identify or establish siting and service delivery criteria for locating essential public facilities (CWPP 6.2) and implement a process for the equitable distribution of essential public facilities (CWPP 6.3); and WHEREAS, on October 6, 1995, the Steering Committee of Elected Officials adopted the Essential Public Facilities Technical Committee's recommended equitable distribution philosophy, a more detailed Countywide Planning Policy definition of an essential public facility and a definition of public service obligation; and WHEREAS, on May 3, 1996, the Steering Committee of Elected Officials approved the Essential Public Facilities Technical Committee's recommendation for the Model Project Review Process for the Siting of Essential Public Facilities, lnterjurisdictional Consistency Review Process, and Inventory; and WHEREAS, in 2001 -2002, the Essential Public Facilities Task Force, with assistance frorn the Office of Community Development (OCD), the Department of Social and Health Services (DSHS), and technical staff from the jurisdictions, developed a regional siting process for essential public facilities titled Spokane County Regional Siting Process for Essential Public Facilities; and WHEREAS, the Spokane County Regional Siting Process for Essential Public Facilities is based on the recommendations in the Growth Management Essential Public Facilities Technical Committee Report approved by the GMA Steering Committee of Elected Officials on -May 3, 1996; and WHEREAS, the Spokane County Regional Siting Process for Essentia! Public Facilities is the product of a concerted effort on the part of the Spokane County Essential Public Facilities Task Force and all jurisdictions within the county to respond to recent amendments to the GMA; and c Gp r e 7R. 12,02i02 - -G }tr rly�, � ;�;!t,...nlP.nt t'7 E,�.,�t_n�enl C t z r Siting is � is Y' ib 1C ( EIUIES 4' �`.E- i 01 1 t7 pok.ar. Co ,ray •t�-1 __ . ,�.t ,.,�t :.�q ,'ro...sS i E ,:'�ra� -:•, t� a 3 0136 WHEREAS, the Essential Public Facilities Task Force and all jurisdictions within Spokane County have continually sought consultation from affected agencies and provided thern with opportunities for input throughout the course of creating the Spokane County Regional Siting Process for Essential Public Facilities; and WHEREAS, the Spokane County Regional Siting Process for Essential Public Facilities will adequately provide for an objective location analysis, equitable distribution of essential public facilities throughout the county, and opportunities for input from affected agencies, jurisdictions and the general public; and WHEREAS, all parties hereto acknowledge that state a.nd federal laws regarding siting requirements for certain types of essential public facilities will take precedence over the Spokane County Regional Siting Process fur Essential Public Facilities; and WHEREAS, all parties hereto acknowledge that state and federal laws providing protections for housing for children in custody of the state or for persons with handicaps as defined under the Federal Fair Housing Act will take precedence over the Spokane County Regional Siting Process for Essential Public Facilities; THEREFORE, Spokane County and the other signatory jurisdictions hereto hereby agree to the following regarding siting essential public facilities of a statewide or regional/ countywide significance: (1) Unless it is otherwise preempted by state or federal laws, the Spokane County Regional Siting Process for Essential Public Facilities ( "Regional Siting Process ") will apply to any and all future efforts to site an essential public facility of statewide or regionailcountywide significance within Spokane County. (2) All jurisdictions will fully participate and cooperate in the implementation of the Regional Siting Process. (3) The Regional Siting Process shall be implemented according to the administrative procedures outlined in Attachment "A" hereto, which is incorporated herein by this reference. (4) Both the Regional Siting Process and this [nterlocal Agreement are hereby endorsed in their current form with the understanding that they may also be amended from time to time, as need be. Amendment procedures shall include opportunities for public input, as required. Adoption and attest pages follow, in alphabetical order, for all jurisdictions involved. 12/e2/02 — tnteriocat Agreement to ;mpterrgent the Spokane County Regional Siting P'r : >cess for Essential_ Public € acrii!; s Pa' 3E- 2 )i 16 DATED: 2 t. For the City of Airway Heights: Lars E. Gare, City ager ATTEST: - De K. Harmon, City Clerk-Treasurer 12102102 —ca l A■. impenent SPokane Couii 3n F7'5c.as5 for ES:; , !3rit:al DATED: January 14, 2003 For the City of Cheney: Ani Jo Sooy, ATTEST: y Grant Murie, City Clerk 2 12/02/02 — Interlocal Agreement to implement the Spokane County Regional Siting Process for Essential Public Facilities Page 4 of 16 Adopted this 18 day of .c,ym6t°n of Deer Park. ATTEST: APPROVED AS TO FORM: Interlocal Agreement 11 -22 -02 Siting of Essential Public Facilities in Spokane County City of Deer Park, AdopUAttest Page _ , 200 2. by the City Council of the City Michael D. Wolfe, Mayor O L lie Busch, City Clerk If deemed applicable by the City Council, the following also applies: „4" oe M. Dave Burdega, City Attorney 3 -3 Adopted this J day of Town of Fairfield. ATTEST: APPROVED AS TO FORM: lnterlocal Agreement - I l -22 -02 Siting of Essential Public Facilities in Spokane County Town of Fairfield, Adopt/Attest Paee , 200 2-, by the City Council of the Susan Adams, Clerk - Treasurer If deemed applicable by the City Council, the following also applies: Brian Ragen, City Attorney 3-4 DATED: dward Crockett, Mayor ATTEST: For the Town of Latah: (4nOlAhlib Kynda tawning, City Clerk 12 --Inklt. is arn€-311.d >_i=)tv 3.iri PrriGe;;s1. SPOi•C.Ai1E c:c14,1grze JUL 1 5 2003 DIVISPON OF PLANgliNG DATED: January 21, 2003 ATTEST: Arlene Fisher, City Clerk 32/02/02 —Interlace! Agreement to implement the 8 Spokane County Regional Siting Process for Essential Public Facilities Mar 15 04 11:39a DATED: 4j1 ( N � APPROVED AS TO FORM: City of Medical Lake Ae 4'1 + is McMu11e ity A torney For the City of Medical Lake: W YYLila i - C ' '1CUYnt Pamela A. McBroom, city Clerk The foregoing instrument is a correct copy of the original as the same appears of record. L E E4 N&stocolK__ Pamela A. McBroom,. Director /City Clerk 509 565 5008 P.2 DATED: / 2 For the Town of Millwood: ;` `l ]t;anne Batson, Mayor ATTEST: Eva L. Colomb, Clerk - Treasurer 12102/02 — interlocel Agreement to implement the Spokane County Regional Sating Process for Essential Public Facilities Page 10 of 16 DATED: JUN 2 0 200' ATTEST: For the Town of .Rockford: ne LaShaw, City C 1 Zit21(.2 ritrCc Agream S arTincied 41)3), to implement thiif Sp.zAa'le C.Nrly Sitiog Pl'oi:;ess fo; EF,santisl Page 9 ai Adopted this L day of pp_e, Town of Spangle. ATTEST: APPROVED AS TO FORM: Interlocal Agreement 1 1 -22 -02 Siting of Essential Public Facilities in Spokane County Town of Spangle, Adopt /Attest Page , 200 , , by the City Council of the William H. Sievers, Mayor Carol Hirschel, Clerk - Treasurer If deemed applicable by the City Council, the following also applies: Steven Jolley, City Attorney 3 -9 DATED: fr Yaue/ ir y �Qoo3 For the City of Spokane: Approved as to form: Assistant City Attorney 12.!02102 — late Lor.:ai Aijteemeni to in rner,i t "& Spokane County Regional Siting Process for Esserntla;•Publil: f cy. 111�ie (John T. Powers, Mayor ATTEST: Padre 13 of 16 3 0136 DATED: o /� / Board Of County Corrunissioncrs Of Spokane County, Washington ATTEST: Vicky M. Dalton Clerk of the Board in, • ommissioner di,66,14) By: Daniela Erickson, Deputy 12'.)2 02 -- !ntertocal Ave.ern nt to implement the Re jt0 Batt ..frog P;ccs s for Es• eniial.Puf!)lic !'^r� 15 of 16 DATED: 612/0/03 For the Town of Waverly: Wg William Tensfeld, Mayo ATTEST: Kynda ffowning, City Clerk Ag2P /..a..:..:?:;rn (3.7) .111piRME'lt the. spck9ne Crydit kJ! JUL 1 5 2003 CPW,StION OA= PLANNING r • .1f 'If DATED: For the City of Spokane Valley: ATl EST: , Mayor 12/02/02 — Interiocal Agreement to implement the Spokane County Regional Siting Process for Essential Pubtio Facilities , City Clerk Interlocal Agreement regarding Siting of Essential Public Facilities within Spokane County ATTACHMENT "A ": Administrative Procedures The following is an outline of administrative procedures that apply to the Spokane County Regional Siting Process for Essential Public Facilities, hereinafter referred to as "Regional Siting Process." State and federal law containing procedural, hearing, notification, or other administrative requirements for siting a particular type of essential public facility, will take precedence over the following requirements. In addition, the following requirements shall not apply to the extent they would duplicate similar requirements in state law. I. GENERAL INFORMATION A. Lead Time: There is nothing in the Regional Siting Process that would inherently require the process to take more than 180 days. However, because essential public facilities (EPFs) include those facilities that are typically difficult to site, a legitimate public participation process must make allowances for the extended comment periods, additional workshops, and continued hearings necessary to fully address the public's concerns. The process for siting controversial facilities should allow enough lead time to accommodate any unforeseen delays. B. Public Involvement: It is the applicant's responsibility to conduct an appropriate public participation program for the Regional Siting Process. Public involvement is a key part of the siting and decision process. While answers to some of the site selection criteria will be fairly straightforward and objective, assessment of other criteria may require a subjective judgment based on public opinion and community values. Some facilities • are more controversial than others. To a large extent, the nature of the proposed facility will determine the appropriate level and type of citizen participation in the siting process. Public comment may be submitted in response to any one of the published notices regarding an EPF proposal. Review periods of thirty (30) days allow for comments on the respective Functional and Qualitative Analysis. The Weighted Analysis requires a major and multi- faceted public participation component. The Board of County Commissioners of Spokane, Washington (hereinafter referred to as "Board ") hearing(s) on the Preferred Site List provides the final opportunity for public input 12/02/02 - r'lttacIli-vent "A ": Administrative Procedures Interlocal Agreernent regarding Regional Siting Process for Essential Public 'Facilities within Spokane County 1 during the Regional Siting Process. Appendix B to the Regional Siting Process (see jurisdictions' adopted amendments) provides further guidelines and options for a public involvement strategy. C. Notification: it is the applicant's responsibility to ensure that all notices are published in a timely manner and to provide written verification, in the form of an affidavit, that the notification has been properly given. Publication is triggered by the completion of each stage of the Location Analysis. Notices shall be published in the legal newspaper of general circulation as noted in each subsection of this document. While the time frames may vary from one proposal to another, each newspaper notice must he published at least fourteen days in advance of any hearing or public meeting. Following publication of each notice, the applicant must provide the Spokane County Division of Planning with a completed affidavit of publication. The applicant shall publish the following Notices using forms for public notice included in the application packet: 1. Notice of Application regarding EPF Proposal; 2. Notice of Availability of Functional Analysis regarding EPF Proposal; 3. Notice of Availability of Qualitative Analysis regarding EPF Proposal; 4. Notice of Availability of Weighted Analysis regarding EPF Proposal; 5. Notice of Hearing on EPF Proposal; and 6. Notice of Final Site Selection regarding EPF Proposal. 7. II. PROCEDURAL REQUIREMENTS A. Determination of Appropriate Siting Process: The Regional Siting Process outlined herein applies only to siting 1✓PFs of statewide or regional / countywide significance. EPFs of local significance will be sited according to the process in place for each local jurisdiction. Although group homes are listed as EPFs, siting of housing for children in custody of the state (not including juveniles held in county criminal detention facilities or state juvenile institutions as defined in RCW 13.40.020), or for persons with handicaps as defined under the Federal Fair Housing Act, is exempt from the Regional Siting Process. If a proposed facility is not included on an officially adopted state, regional, county or local community essential public facilities list, a proponent or local jurisdiction should request in writing that the Board determine whether or not it is an essential public facility that is subject to the Regional Siting Process. 12 /02/02 - Attachment "A ": Administrative Procedures Interlocal Agreement regarding Regional Siting Process for Essential Public . Facil.itie.s Nvithiu Spokane County Sic` —(mil 1. The nature or function of the proposed facility; 2. Whether the facility is publicly or privately owned; 3. Whether the facility is provided by or substantially funded by the government; 4. Probable impacts of the proposed facility; 5. The potential geographic arca of adverse impact and public benefit; 6. The extent of public need for the services involved; 7. Whether the facility is necessary in order to meet a public service obligation; and 8. Whether the facility is listed on an officially adopted state, regional, county or local community essential public facilities list. The Board will issue its written Determination of Appropriate Siting Process within a reasonable amount of time but no longer than thirty (30) days after receiving a written Request for Determination of Appropriate Siting Process. Both the Request and the Determination shall become part of Spokane County Planning's record on this EPF proposal. The Board's decision may be appealed to Spokane County Superior Court or the Eastern Washington Growth Management Hearings Board, whichever is applicable, within the appropriate appeal time period as set forth in the applicable statute. The Request for Determination of Appropriate Siting Process shall provide the following information: B. Application: If the Regional Siting Process applies, the next step is for the proponent to contact the Spokane County Division of Planning for an application packet. The application packet includes a General Application, a copy of the Regional Siting Process, a procedural checklist, appropriate forms.to use for public notice, and affidavits of publication. An application fee, as established by resolution of the Board, (to cover processing and staff review) shall be submitted along with a completed application. It is the applicant's responsibility to determine the time needed to conduct required studies, provide additional information, and make revisions. The next step is for the applicant to publish the Notice of Application regarding EPF Proposal. If the applicant substantially modifies the proposal after the Notice of Application has been published, the proposal shall be treated as a new application and required to start again from the first step in the Regional Siting Process (Determination of Appropriate Siting Process). However, this requirement does not apply to changes made to the 12102/02 - Attachment "A ": Administrative Procedures Enterloonl Agreement regarding Regionul Siting? Process for Essential Public Facilities within Spokane County C proposal as a direct result of comments on the proposal received during the Regional Siting Process. C. Notice of Application regarding EPF Proposal: Opportunity for public comments begins with publication of the Notice of Application regarding EPF Proposal. This notice contains the name of the proponent, type of facility, who to contact with questions and how to get copies of the proposal. It also restates the information found in the Request for Determination, and advises the public of upcoming opportunities to comment; namely during the Functional, Qualitative, and Weighted Analysis stages, as well as the Board's final public hearing(s). This notice must be published in The Spokesman Review. D. Location Analysis: 1. Functional Analysis: a) The applicant is responsible for performing a Functional Analysis as the first step in determining potential locations within Spokane County for the proposed facility. As part of the Functional Analysis, the applicant shall consider the siting requirements, legal requirements, and service delivery criteria for the proposed facility. The Regional Siting Process contains a list of additional objective criteria that the applicant may feel is relevant. Comments addressed to the applicant from members of the public and affected agencies and jurisdictions may identify other factors that need to be addressed in the Functional Analysis. b) The applicant shall detail the assumptions and reasons for identifying objective criteria to be applied to the proposed facility and the methodology for evaluating and scoring the proposed facility with respect to those criteria, Weighted Analysis on 3 sites) Site selected by Applicant C_________ Functional Analysis 1) (rn, cntirc C.'mixtvl Qualitative Analysis (on 10 sites) Hearing on Preferred Site List (3 sites) 3 Stages of Location Analysis 12/02/02 - Attachment "A ": Administrative Procedures lnterlocai Agreement regarding Regional Siting 'Process for Essential Public Facilities within Spokane County 4 and shall include this information as part of the initial submittal. The applicant may employ resources needed to assist in site analysis, such as Geographic Information Systems (GIS) information or equivalent geographic and demographic data. However, a site assessment must be performed in order to confirm the accuracy of such data, assess the potential for negative impacts and identify possible mitigation strategies. c) The purpose of the Functional Analysis is to assist the applicant in identifying ten (10) potential sites for the proposed EPF. Further analysis shall focus on these selected sites rather than the county as a whole. d) Once the applicant feels the Functional Analysis is complete, it shall publish a Notice of Availability of Functional Analysis regarding EPF Proposal. This notice shall recite the main findings of the Functional Analysis, summarizing the evaluation criteria and identifying the selected semi - finalist sites and how they ranked. It will also provide notice of the beginning and ending dates for a comment period of thirty (30) days, indicating that copies of the Functional Analysis are available to the public and have been distributed to all jurisdictions within Spokane County, as well as all relevant agencies, affected special purpose districts, and other interested parties. This notice must be published in The Spokesman Review. e) Requests for further study, arbitration: Within fourteen (14) days of receipt, the applicant will respond in writing to any requests for further study or analysis of additional factors. .In this written response, the applicant will indicate whether or not it intends to honor the request for additional study, the reasoning behind its intention, and the avenues available to the entity requesting further- study if it is not satisfied with the applicant's response. The applicant will provide the Board and the Spokane County Division of Planning with copies of both the initial request and its response. ii. If the entity making request for further study is not satisfied with the . applicant's response, it must notify the applicant, the Spokane County Division of Planning, and the Board, in writing, that it requests the Board to make a determination on the need for further study. Requests for Board determination must be made within ten (10) days of the date the applicant's response was received by the entity requesting further study. iii. The Board will arbitrate in the event an applicant is unwilling to comply with a public, agency or departmental request for further study or analysis of additional factors. The Board will consult with 12'02:02 - Attachment "A ": Administrative Procedures interlocai Agreement regarding Regional Siting .Process for Essential Public .Facilities within Spokane. County 5 the applicant and the entity requesting further study, and make a determination on the need for further study within ten (10) days of the applicant, or entity, making formal written request for such determination. Said determination shall be binding on the applicant, but may be appealed to the Spokane County Superior Court or the Eastern Washington Growth Management Hearings Board, whichever is applicable, within the appropriate appeal time period as set forth in the applicable statute. iv. If the Board determines that further study is required, the applicant may not proceed to the Qualitative Analysis stage until that requirement has been met. 2. Qualitative Analysis: a) Once the Functional Analysis stage has been satisfactorily completed, the applicant is responsible for conducting a Qualitative Analysis regarding suitability of the semi- finalist sites. This stage of analysis will address the political, economic, legal and social impacts of thc facility, balanced against the extent of public need for the facility and any reasons why the proposed facility needs to be in a particular location. The analysis will assess the relative impacts associated with the proposed facility at each of the semi- finalist sites, with consideration given to the Qualitative Analysis factors listed in thc Regional Siting Process and other relevant concepts raised in comments addressed to the applicant from members of the public and affected agencies and jurisdictions. b) Public participation is a key tool for identifying factors that are important to consider at this stage. Opportunities for input should also provide an avenue for dialogue between the applicant and the public, agencies and affected jurisdictions regarding mitigation strategies to address potential adverse impacts. c) The Qualitative Analysis will narrow down the semi- finalist list to three (3) finalist sites that pose the least potential for negative impacts or unmet needs. All finalist sites must be available for lease for thc anticipated use period or for purchase, with the consent of the owner. d) Once the applicant considers the Qualitative Analysis complete, it shall publish a Notice of Availability of Qualitative Analysis regarding . EPF Proposal. This notice shall recite the main findings of the Qualitative Analysis, summarizing the evaluation criteria and identifying the selected finalist sites. It will also provide the beginning and ending dates for a comment period of thirty (30) days, indicating that copies of the Qualitative Analysis are available to the public and have been distributed to all 12102102 - Attachment "A ": Administrative Procedures Interlocal Agreement regarding Regional Siting Process ror Essential Public Facilities within Spokane County 6 C 1 r. jurisdictions within Spokane County, as well as relevant agencies, affected special purpose districts, and other interested parties. This notice must be published in The Spokesman Review and the legal newspaper of each jurisdiction where a semi- finalist site is located. e) Requests for further study, arbitration: See procedures outlined under Functional Analysis, (II)(D)(1)(e) above. 3. Weighted Analysis: a) This stage uses a scoring matrix to rank the three (3) finalist sites in order of preference. First, the applicant develops a scoring matrix that outlines criteria used to evaluate the three (3) finalist sites. The outcome of the public participation program then adds scores to the matrix. The scores in the matrix reflect weighted values that are assigned to the various functional and qualitative criteria based on how important each criterion is to the community. Consensus -on weighted values is desirable; however, the final score may also represent an average of the weighted values assigned by various segments of the community. A description of this scoring system is provided in Appendix C to the Regional Siting Process. b) The applicant is responsible for conducting the public participation program necessary to accomplish the Weighted Analysis. A variety of participation techniques may be appropriate at this stage including public workshops, interviews, surveys, and other input instruments including direct written communication from members of the public, related agencies or affected jurisdictions. c) Once the Weighted Analysis is completed, the applicant shall publish a Notice of Availability of Weighted Analysis regarding the EPF Proposal. This notice shall identify the factors or criteria considered in evaluating the finalist sites, the weighted values assigmed by the public to those factors, and the final score for each site. The Notice of Availability of Weighted Analysis shall have a minimum comment period of fourteen (14) days. This notice must be published in The Spokesman Review and the legal newspaper of each jurisdiction where a finalist site is located. E. Preferred Site Review: 1. Satisfactory completion of the Weighted Analysis results in a Preferred Site List that provides an initial ranking of the three (3) finalist sites. Final ranking of these sites is accomplished through additional consideration by the Board of such factors as the likely urban impacts of the proposed facility, site development criteria, and the possibility of cost sharing agreements that would mitigate any disproportionate financial burden that may fall on the affected jurisdiction(s), as 12/02102 - Attachment "A": Administrative Procedures lnterlocal Agreer Sent regarding Regional Siting Process for Essential Public. Facilities within Spokane. County 7 C I cL_ set forth in Step Nos. 5 through 7 of The 1996 Growth Management Essential Public Facilities Technical Committee Report. These additional factors are described more fully in the Regional Siting Process itself. 2. The Spokane County Division of Planning will prepare a written staff report prior to the notice of the Board's public hearing. Among other things, this report will summarize findings from the Location Analysis, recite the site rankings from each of the three (3) stages of the Location Analysis, and summarize continents received from the public, agencies and affected jurisdictions through the end of the comment period on the Weighted Analysis. Copies of the report shall be mailed to the applicant, the jurisdictions where the three (3) finalist sites are located, and made available to any interested person for the cost of reproduction. 3. The Board will conduct at least one public hearing on the Preferred Site List, soliciting testimony on the factors mentioned in paragraph II.F.I above. The hearing may be continued, as needed, in order to hear all relevant testimony. Notice of Public Hearing must be published at least fourteen (14) days in advance of the hearing date in The Spokesman Review and the legal newspaper of each jurisdiction where a finalist site is located. 4. Based on the record and testimony received at the hearing, the Board's recommendation will outline strategies identified to address any issues associated with particular sites, and rank the finalist sites in order of preference. The Board's recommendation will be issued within fourteen (14) days of the final hearing. 5. The Board's ranking is advisory and not binding on the applicant. 6. Any applicable interlocal agreements (for services such as fire protection, sewer service, etc.) shall be in place prior to final site selection. Once the final site is selected, the applicant shall publish a Notice of Final Site Selection regarding EPF Proposal in The Spokesman Review and in the legal newspaper where the final site is located. This notice shall indicate the specific location of the site, the host jurisdiction whose local siting process will apply to actually siting the facility, and where this site ranked in the Board's recommendation on the Regional Siting Process. Host jurisdictions must cooperate with the applicant in processing the application if the site finally selected is one of the three (3) finalist sites. 1 2/02/02 - Attachment "A": Administrative Procedures lnteriocal .Agreement regarding Regional Siting Process for Essenii.ii Public Facilities Spokane County 8 5 - Analysis Sta • e Basis Product A • • licant's Res • onsibilit Functional Countywide 10 sites Defines applicable criteria and methodology. Provides assessment and scoring. Publishes results. Qualitative 10 sites 3 sites Public participation. Provides assessment and scoring. Details methodology. Publishes results. Weighted 3 sites 3 sites ranked Public participation. Provides evaluation and weighting. Publishes results. BOCC hearing 3 sites ranked Board recommendation Publishes hearing notice. Publishes final site selection notice. F. Process Summary: G. Local Siting Process: 1. Following final site selection, the applicant will work directly with the local jurisdiction and its regulatory requirements to permit the construction and operation of the facility under the plans and regulations that were in effect at the time of initial application under the Regional Siting Process. 2. Following selection of a final site through the Regional Siting Process, the applicant is not required to perform further alternative site analysis at the local level. 3. To facilitate siting, the local jurisdiction's conditional use or special use criteria should rely as much as possible on the findings from the Regional Siting Process Location Analysis. To ensure that a jurisdiction's unique concerns are addressed during the Regional Siting Process Location Analysis, a jurisdiction should raise those issues during the Functional and Qualitative Analysis comment periods, the Weighted Analysis, or at the Board's hearing. 12/02/02 - Attachment "A ": Administrative Procedures Intcrlocal Agreement regarding Regional Siting Process for Essential Public Facilities within Spokane , County 9 Spokane County Regional Siting Process for Essential Public Facilities June 21, 2002 Table of Contents Executive Summary 3 Key Elements of Spokane County Regional Siting Process for Essential Public Facilities 7 I. Essential Public Facilities 7 Definition of an EPF 7 Clarification of Utilities 7 Ownership 7 II. EPF's Level of Significance 7 Siting Process Determination 7 III. Public Involvement 8 IV. Review,Process: Roles and Responsibilities 8 Board of County Commissioners 8 Applicant 8 V. Location Analysis 8 Equitable Distribution 9 Criteria for Assessment 9 Functional Analysis 9 Qualitative Analysis 10 Scoring Matrix: Weighted Analysis 11 VI. Preferred Site Review 11 Public Hearing 11 Urban Impact 11 Site Development Criteria 12 Cost Sharing 12 VII. Local Siting Process 12 VIII. Process Flow Chart 13 APPENDIX "A ": Level of Significance 14 Essential Public Facilities of a State -wide Nature 14 Essential Public Facilities of a Regional /County -wide Nature 14 Essential Public Facilities of a Local Nature 14 APPENDIX "B ": Public Involvement Strategy Guidelines 16 APPENDIX "C ": Evaluation Example 17 APPENDIX "D ": Siting Criteria for EPFs 19 APPENDIX "E ": Inventory of EPFs 21 Regional Siting Process for E1'F5 Page 2 of 21 Spokane County and the towns and cities of Airway Heights, Cheney, Deer Park, Fairfield, Latah, Liberty Lake, Medical Lake, Millwood, Spangle, Spokane, Rockford, and Waverly are required to plan for essential public facilities (EPFs) pursuant to the Growth Management Act (GMA). RCW 36.70A. The Steering Committee of Local Elected Officials for Spokane Cou.nty (Steering Committee) through the County Wide Planning Policies along with the "Growth Management Essential Public Facilities Technical Committee Report" adopted on May 3, 1996 set forth a model project review process for the siting of EPFs. All jurisdictions provided a mechanism in their Comprehensive Plans to utilize the model project review process either verbatim or as a model. Recently the Legislature passed two laws addressing siting of EPFs. In June 2001 the state enacted 3ESSB 6151, and in March 2002 the state enacted ESSB 6594.. These laws require counties and cities fully planning under GMA to include a process in their Comprehensive Plans to provide for the siting of Secure Community Transition Facilities (SCTFs). In 2001 planning staff from all jurisdictions in Spokane County formed a task force to cooperatively develop a regional siting process for all essential public facilities, including SCT'Fs. The Essential Public Facilities Task Force, with assistance from the Office of Community Development (OCD), the Department of Social and Health Services (DSHS), and technical staff from the jurisdictions developed a regional siting process for essential public facilities titled Spokane County Regional Siting Process for Essential Public Facilities. The regional process provides for a review process with a location analysis. Public involvement takes place throughout the process with public comment periods as well as public hearings. The review process requires the applicant for an EPF to assume responsibility for the bulk of the analysis and processing of the proposal. The analysis includes two parts. First, an analysis of functional criteria of all potential sites is conducted to select the highest - ranking ten (10) semi- finalist sites. Second, these ten semi - finalist sites are analyzed using more qualitative criteria and resulting in selection of at least three (3) preferred sites. Both analyses include public comment periods. Next, the Board of County Commissioners (BoCC) conducts a public hearing on the Preferred Site List to allow for further public comment, identify strategies to address any issues associated with particular sites, and rank the finalist sites. The BoCC ranking is advisory to but not binding on the applicant. Last, the applicant, after selecting a specific site, will work directly with a local jurisdiction and its regulatory requirements to permit construction and operation of the EPF. The regional siting process is based on a coordinated interjurisdictional approach, which in combination with consistent development regulations among the jurisdictions will implement the requirement of equitable distribution of EPS of a statewide or regional /countywide nature. Regional Siting Process for EPPs Executive Summaxy Page 3 of 21 l r. .��oi EPF Task Force members: Airway Heights: Cheney: Deer Park: Fairchild Air Force Base: Fairfield: Latah: Liberty Lake: Medical Lake: Millwood: Rockford: Spangle: City of Spokane: Spokane County: Waverly: City of S )okane EPF Technical Adviso Capital Programs: Environmental Progra Fire: Human Services: Public Works: Solid Waste: Regional Siting Process for EPFs Acknowle d.gments This regional siting process for essential public facilities is the result of a collaborative countywide process including a range of participants. It is founded on the Growth Management Essential Public Facilities Technical Conunittee Report approved by the Steering Committee of Elected Officials on May 3, 1996. The process was crafted by a task force consisting of representatives from all planning jurisdictions in the county. From there, it was reviewed by various technical committees, and endorsed by all jurisdictions' planning commissions and elected officials. Stephen Roberge Glenn Scholten, Tom Richardson Roger Krieger, Kathy Marcus John Gibson Kathy Marcus Kathy Marcus Amanda Tainio, Doug Smith Doug Ross, Bill Grimes Heather Cannon Bill Grimes Kathy Marcus Susanne Croft Esther Larsen, Bruce Hunt, Scott Kuhta, Dan Antonson, MarisaSchuchart Kathy Marcus Committee: Dick Raymond ms: Lloyd Brewer Greg Hesse, Rich Leonhardt June Shapiro Roger Flint Bill Vensel Page 4 of 21 Contact Information for Jurisdictions within Spokane County • Airway Heights: , . Planning Department 13120 West 13th Avenue Airway Heights, WA 99001 509-244-2552 • Cheney: Planning Department 112 Anderson Road Cheney, WA 99004 509 - 235 -7221 • Deer Park: • Mayor / Community Services Director 316 E. Crawford Avenue P.O. Box F Deer Park, WA 99006-0228 509 -276 -8802 • Fairfield: Mayor / Clerk- Treasurer P.O. Box 334 Fairfield, WA 99012 -0334 509 - 283 -2414 • Latah: Mayor/ Clerk- Treasurer P.O. Box 130 Latah, WA 99018-0130 509-286-3471 • Liberty Lake: Planning & Community Development Department 1421 N. Meadowwood Ln., Suite 120 Liberty Lake, WA 99019 . 509 -755 -6700 • Medical Lake: Public Works Director 124 S. Lefevre Avenue Medical Lake, WA 99022 509 -565 -5000 • Millwood: Planning Director. 9103 E. Frederick Ave. Spokane, WA 99206 509 - 924 -0960 Regional Siting Process for F,PFs Page 5 of 21 • Rockford: Clerk/ Treasurer P.O. Box 49 Rockford, WA 99030 509- 291 -4716 • Spangle: Mayor/Clerk-Treasurer P.O. Box 147 Spangle, WA 99031 -0147 509 - 245 -3260 • City of Spokane: Planning Services Department 808 W. Spokane FallsBlvd. • Spokane, WA 99201 -3329 509-625-6060 • Spokane County: Division of Planning, Long Range Planning 1026 W. Broadway Ave., 2nd Floor Spokane, Washington 99260 509 -477 -2294 nailing address: Spokane County Division of Planning, Long Range Planning Mail Stop PWK -2 1116 W. Broadway Ave., Spokane, WA 99260 -0240 • Waverly: Mayor / Clerk- Treasurer P.O. Box 37 Waverly, WA 99039 -0037 509 - 2834122 Regional Siting Process for EPFs Page 6 of 21 c A• r Key Elements of Spokane County Regional. Siting Process for Essential Public Facilities I. Essential Public Facilities Definition of an EPF Essential Public Fatalities (EPFs) are defined as follows: Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in- patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. (RCW 36.70A.200) Clarification of Utilities Utilities, as defined in the Countywide Planning Policies for Spokane County (CWPPs), are excluded from this EPF regional siting process. In general, a "utility" refers to a system of delivery, as opposed to a facility at which processing and /or treatment occurs. For example, delivery systems such as sewer pipes are utilities, whereas the wastewater treatment plant itself is an EPF. Siting issues concerning utilities shall be addressed within each jurisdiction's comprehensive plan. Ownership If the services provided meet an essential public need, the facility may be considered essential, regardless of whether it is publicly or privately owned. An EPF may include a facility providing or housing a needed public service that is: • provided by or substantially funded by government, or • provided by a.private entity subject to public service obligations, or • on an officially adopted state, regional, county or local community EPF list 1I. EPF's Level of Significance Siting Process Determination The regional siting process outlined herein applies to siting EPFs of statewide or regional /countywide significance. EPFs of local significance will be sited according to the process in place for each local jurisdiction. (See Appendix A for classification guidelines and examples.) The 1996 Growth Management Essential Public Facilities Technical Committee Report defines a public service obligation as an obligation imposed by law on service providers to furnish facilities andior supply services to all who may apply for and be reasonably entitled to service." Regional Siting f'roeess.for E1'Fs Page 7 of 21 ma • y \ 1 r. If a proposed facility is not listed in Appendix A, the Board of County Commissioners (BoCC) is responsible for determining whether the proposal is an essential public facility, and if so, its level of significance. To aid in this determination, the project applicant shall identify the potential area of adverse impact and public benefit. If it is determined that a proposed EPF is of statewide or regional /countywide significance, the regional process for siting EPFs shall be carried out as described herein. III. Public Involvement Public involvement is a key part of the siting and decision process. While answers to some of the site selection criteria will be fairly straightforward and objective, assessment of other criteria may require a subjective judgment based on public opinion and community values. To a large extent, the nature of the EPF will determine the appropriate level and type of citizen participation in the siting process. (See Appendix B for guidelines and options for a public involvement strategy.) IV. Review Process: Roles and Responsibilities Board of County Commissioners The BoCC has three main roles in this regional siting process. As mentioned above, if there is a question as to whether a proposal is an EPF, it is the body that makes that determination. Also, it is responsible for resolving any conflict arising from an applicant's unwillingness to comply with a public, agency or departmental request for further study or analysis. Finally, the BOCC is the body that conducts the public hearing on the Preferred Site List. The purpose of this hearing is to allow the public to comment on the finalist sites, identify strategies to address any issues associated with particular sites, and rank the finalist sites. The BoCC ranking is advisory to but not binding on the applicant. Applicant The applicant assumes responsibility for the bulk of the analysis and processing of its proposal. The applicant performs the Functional and Qualitative Analyses, and generally coordinates and conducts the various elements of the process including public involvement, review by other agencies and jurisdictions, SEPA analysis, and notification requirements. V. Location Analysis EPFs shall be located based on their respective siting and service delivery criteria, regardless of Urban Growth Area (UGA) boundaries. 2 Sec CWPP 6.2. Regional Siting Process .For EPFs Page Sof21 1 ,. �` Equitable Distribution In addition, site selection shall conform to the following Equitable Distribution Philosophy The procedural process for siting EPFs shall be consistent within all Spokane County jurisdictions, including consistent siting criteria and development regulations, so as to ensure that: (1) no jurisdiction will be viewed by virtue of the siting process or review criteria more or less favorably than another with regard to locating a particular EPF; (2) service providers are able to locate to meet their client's needs; and (3) predictability of developm.ent regulations will help project developers to select and develop sites. Criteria for Assessment Some types of information are more easily evaluated through objective criteria, while other questions involve a more subjective assessment. Therefore, potential sites shall be identified through both objective and subjective assessments of various types of information. First, an analysis of functional criteria is performed. These criteria may vary, depending on the operational and location requirements for the particular type of facility proposed. GIS (Geographic Information Systems) or equivalent geographic and demographic data analysis is used to identify a range of alternative semi - finalist sites (approximately ten) that meet the applicant's basic siting criteria. A site survey must then be performed for each of those sites in order to confirm the findings and assess the potential for negative impacts and possible mitigation strategies. During the second stage of analysis, the public evaluates these semi- finalist sites based on more qualitative criteria. As part of the functional and qualitative analyses, the applicant routes the proposal to affected agencies and jurisdictions for a minimum 30 -day comment period. Finally, the criteria are weighted and the list of potential sites is further narrowed down to approximately three sites that reflect legal requirements and public preference. A narrative example of this analysis process is provided in Appendix C. Functional Analysis This step in the location analysis consists of an evaluation of a site's capability of meeting the basic siting criteria for the proposed EPF. As part of this step, the applicant shall publish notice of the proposal as well as a Notice of Availability of Functional Analysis regarding an Essential Public Facility, according to the requirements described in Appendix B herein. In addition, the applicant will distribute the proposal and the functional analysis for a minimum 30-day comment period to all jurisdictions within Spokane County, as well as agencies, special purpose districts, and other interested parties. 3 Based on the Technical Committee Report's Essential Public Facilities Equitable Distribution Philosophy, which was adopted by the Steering Committee on October 6, 1995. Also referenced in CWPP 3.15 and CWPP 6.2(d). Regional Siting Process for I;P}'s • Page 9 01 21 Data and site analysis will be conducted for factors on the applicant's list of basic siting requirements. The functional analysis will also address other relevant factors, including but not limited to those listed below. In addition, comments from members of the public and affected agencies and jurisdictions may identify other factors requiring analysis. (1) available minimum acreage required for the particular type of EPF; (2) protection of the natural environment, such as air quality, open space corridors, natural resource areas and critical areas; (3) (4) (5) (6) ( protection of public health and safety, through proximity to and available capacity of various services, including the location's access to law enforcement, fire protection and other public safety or emergency response services, as well as other aspects of public safety and public health, such as spill containment, reduction of crime opportunity, proximity to particularly sensitive receptors or electromagnetic force impacts; adequate capacity available in the transportation network, as determined from systems such as Level of Service Standards and concurrency management; adequate access to the required transportation networks, such as highways, municipal street systems, mass transit, railroad, and air; adequate capacity available from supporting public facilities and public services, such as social services and utilities such as sewer, water, and solid waste; county-wide equitable distribution, based on existing sites; consistency with existing land use and development in adjacent and surrounding areas; . ( (9) compatibility with existing comprehensive plan land use designations and development regulations for the site and surrounding areas. Sites will be ranked based on a formula where each factor is assigned a number indicating the extent to which that particular site satisfies that siting requirement for the proposed facility. (See Appendix D for potential siting criteria for various types of facilities.) The end product of this stage of analysis is a list of approximately ten (10) alternative semi- finalist sites. Qualitative Analysis The ten (10) semi - finalist sites that ranked highest in the functional analysis will be selected for further evaluation using more qualitative criteria. A public process will be conducted to assess . the political, economic, legal and social impacts of the EPF, as well as the extent of public need for the facility. In the end, all finalist sites must be available for lease for the anticipated use period or for purchase, with the consent of the owner. This stage of analysis will result in a general description of the relative impacts associated with the proposed EPF at each of the semi- finalist sites, including but not limited to the following factors. and (1) present and proposed population densities of the surrounding area; (2) presence of archeological, cultural and historical sites; (3) site design; (4) availability of a labor pool; (5) availability of affordable housing; Regionat Siting Process ; err CPFs Page 10 of 21 C ! _� (6) spin -off (secondary and tertiary) impacts (e.g., traffic, economic, social); (7) potential for associated development being induced by the siting of the EPF; and (8) proposed mitigating measures to alleviate or minimize significant potential adverse environmental impacts, including those from closure of or lack of siting an EPF. The findings at this stage will be balanced against the public need for the proposed facility, and justification, if any, for why the proposed facility needs to be in a particular proposed location. An important ingredient at this stage is the dialogue that takes place between the proponent and the public regarding mitigation strategies to address potential adverse impacts. Each factor will be assigned a number indicating the extent of impact anticipated for the proposed EPF at each site. The end product of this stage of analysis is a list of approximately three (3) alternative finalist sites. As part of this step in the location analysis, the applicant shall publish a Notice of Availability of Qualitative Analysis regarding an Essential Public Facility, according to the requirements described in Appendix B herein. In addition, the applicant will distribute the qualitative analysis for a minimum 30-day comment period to all jurisdictions within Spokane County, as well as agencies, special purpose districts, and other interested parties. Comments received from rnembers of the public and affected agencies and jurisdictions may identify additional qualitative factors requiring analysis. Scoring Matrix: Weighted Analysis Finally, a scoring matrix is used to rank the sites in order of preference. The scores in the matrix reflect weighted values that are assigned to the various functional and qualitative criteria based on how important each criterion is to the community. The conversation that results in this determination is a key part of the public participation conducted during this siting process. (See Appendix B for a summary of public involvement strategy guidelines.) VI. Preferred Site Review Public Hearing Satisfactory completion of all preceding required review procedures, including weighted analysis, results in a ranking of at least three (3) preferred sites. The final public hearing assesses these finalist sites for the factors listed below. The BoCC conducts the public hearing on the Preferred Site List. The purpose of this hearing is to allow the public to comment on the finalist sites, identify strategies to address any issues associated with particular sites, and rank the finalist sites. The BoCC ranking is advisory to but not binding on the applicant. Urban Impact The proposed EPF shall he reviewed for impacts on regional growth planning concepts, including but not limited to the urban nature of the facility, existing urban growth near the facility site, compatibility of urban growth with the facility, compatibility of facility siting with respect to Urban Growth Area boundaries, and urban sprawl. Regional Siting Process for Ei't's Page l l of 21 C 1 ) Site Development Criteria Proposed EPFs shall also be reviewed for site development criteria including the time required for construction, property acquisition, control of on and off -site impacts during construction, and the possibility of expediting and streamlining necessary government approvals and permits. Cost Sharing Finally, the proposed EPF shall be reviewed to determine if the financial impact on the jurisdiction can be reduced or avoided. The review will identify potential economic impacts from closure or lack of siting an EPF and include mitigation strategies to minimize impacts (i.e., bond or insurance). Intergovernmental agreements will be established to mitigate any disproportionate financial burden that may fall on the jurisdiction that becomes the site of an EPF of statewide or regional /countywide significance. Especially in the case of an EPF of statewide significance, the proponent state agency may be required to mitigate costs related to siting the facility. In addition, all proponent entities are required to assume full responsibility for the costs of operating and maintaining their facility, and this burden shall not fall on the jurisdiction in which the facility is sited (unless the jurisdiction so desires). VII. Local Siting Process Following final selection of the most appropriate site, the applicant will then work directly with that local jurisdiction and its regulatory requirements to permit the construction and operation of the EPF. A coordinated interjurisdictional approach is essential in order to fully implement the regional siting process requirement for equitable distribution of EPFs of a statewide or regional /countywide nature. For tli.is reason, except for unique circumstances, each jurisdiction's specific project review guidelines, siting criteria, and development regulations (land use) are expected to be consistent with all other jurisdictions in Spokane County for the siting of EPFs of a statewide or regional /countywide nature. Regional Siting Process for EPFs Page 1 2 of 21 C` I r , r VIII. Process Flow Chart The basic stages of the regional siting process are as follows: Additional Qualitative Analysis (on -10 sites) Further Functional Analysis (� -10 sites)' A Weighted Analysis (on 3 sites) BoCC Public Hearing on Preferred Site List (ranks finalist sites) Regional Siting Princess for EPFs Page 13 of 21 KT, , ,4.w"ti."toAo au:4tm Specific Site Selected by Process Applicant , ` , VIII. Process Flow Chart The basic stages of the regional siting process are as follows: Additional Qualitative Analysis (on -10 sites) Further Functional Analysis (� -10 sites)' A Weighted Analysis (on 3 sites) BoCC Public Hearing on Preferred Site List (ranks finalist sites) Regional Siting Princess for EPFs Page 13 of 21 Local Permit -I Application Process , ` , VIII. Process Flow Chart The basic stages of the regional siting process are as follows: Additional Qualitative Analysis (on -10 sites) Further Functional Analysis (� -10 sites)' A Weighted Analysis (on 3 sites) BoCC Public Hearing on Preferred Site List (ranks finalist sites) Regional Siting Princess for EPFs Page 13 of 21 APPENDIX "A ": Level of Significance The proposed essential public facility (EPF) will be classified as having statewide, regional /countywide or local significance according to the following. Essential Public Facilities of a State -wide Nature EPFs having statewide significance are major facilities that provide a needed public service affecting, or potentially affecting, residents and /or property located in two (2) or more Washington State counties and may be included on' the Washington State Office of Financial Management list of EPFs. These facilities include, but are not limited to: regional transportation facilities, such as commercial and military airports, freeways, highways and beltways; state correctional facilities; secure community transition facilities; state social services; state parks; and state higher- educational facilities. Essential Public Facilities of a Regional /County -wide Nature EPEs having regional /countywide significance are local or interlocal facilities providing a needed public service affecting, or potentially affecting, residents and /or property located in two or more Spokane County jurisdictions. They include, but are not limited to: general aviation airports; county correctional facilities; regional transportation system public transit maintenance and operational facilities; regional solid waste disposal /recycling /composting /handling facilities; community colleges; regional wastewater treatment facilities; arenas, stadiums and other entertainment facilities; and regional social and health services such as inpatient hospitals, mental health facilities, substance abuse treatment centers, and group homes (including adult family homes, boarding and retirement homes, and nursing homes). Essential Public Facilities of a Local Nature EPFs having local significance are facilities providing a needed public service affecting or potentially affecting only residents and /or property within the jurisdiction in which they are located. Local jurisdictions comprehensive plans shall provide for additional locally significant public facilities that are also likely to be considered as "essential ". For example, the following may fall into such a list fire stations, police stations, child care facilities, public libraries, community parks, recreation facilities, community centers, local social services, and elementary, middle and high schools, etc. When developing locally significant EPFs, the jurisdiction shall document their reasons for adding a particular type of facility to the local list. There shall be relative consistency of these lists from one jurisdiction to the next, in order to avoid forcing the siting of a particular facility in one jurisdiction or another and to assist in meeting service providers' permitting needs. Regional Siti Process For EPFs Page 14 of 21 c •► — n In order to allow each Spokane County jurisdiction to determine a proposal's classification, the project applicant shall identify the potential area of adverse impact and public benefit. If it is determined that a proposed EPF is of statewide or regional/countywide significance, the process for siting EPFs shall be carried out as described herein. (See Appendix E for an Inventory of all EPFs of a statewide or regional /countywide significance that are located within Spokane County, as well as a map showing the location of each facility.) Regional Siting Process for EPFs Page 15 of 21 APPENDIX "B ": Public Involvement Strategy Guidelines Every process to site an EPF shall include methods to provide early notification and involvement of affected citizens and jurisdictions, thus allowing for opportunities to comment on the proposal. The nature of the EPF shall be considered when determining the appropriate level and type of citizen participation in the siting process. Applicants for statewide and regional /countywide significant EPFs shall initiate a citizen participation program prior to final site selection. The program shall include community involvement in the screening process for the identification of alternative sites most suitable for locating a given EPF. This process shall be documented and the documentation provided to the reviewing jurisdiction Along with public input on site selection, citizen participation shall include involvement with issues such as but not limited to: • Administration of state contract services • Air pollution • Air traffic • Availability of utilities • Building design • Change in type of traffic • Cost of dosure • Encroachment on other land uses • Environmental impacts • Groundwater contamination • Hazardous materials • Hours of operation • Increase in traffic • Lighting • Litter • Noise • Odor • Operational costs • Parking • Periodic high use • Risk of disaster • Safety • Site design (within the range of feasible costs and technical requirements) • Stimulus to changing character • Procedural Requirements The process for citizen involvement shall include the following elements: • The applicant shall publish notice of the proposal in those newspapers designated by the affected jurisdictions: • As part of both the functional and qualitative step in the location analysis, the applicant will distribute the proposal for a minimum 30 -day comment period to all jurisdictions within Spokane County, as well as agencies, special purpose districts, and other interested parties. • In addition, the application shall conduct open houses or workshops as appropriate, and at least one public hearing. • The applicant will provide additional public participation opportunities according to the guidelines set forth in WAC 365- 195 -600 and the Spokane County Public Participation Program Guidelines. Regional Siti Process for EPFs Page 16 of 21 I i 1 APPENDIX "C ": Evaluation Example The following narrative provides an example of the two-step assessment and the scoring matrix used in the location analysis portion of the regional siting process for essential public facilities. Potential sites shall be identified through both objective and subjective assessments of various types of information. First, an analysis of Functional Criteria will be performed. These criteria will vary slightly, depending on the operational and location requirements for the particular type of facility proposed. Once a range of alternative sites are identified which meet the applicant's basic siting criteria, these semi- finalist sites will be subjected to pubic evaluation based on more subjective Qualitative Criteria. Finally, a scoring matrix is used to rank the sites in order of preference based on weighted values assigned through a public process. For example, the functional assessment step might involve analysis for such factors as public safety, availability of support services, environmental impact, distribution equity, and land use designation. 1. Public safety - The location's access to law enforcement, fire protection and other public safety or emergency response services. Also includes other aspects of public safety and public health, like spill containment, reduction of crime opportunity, proximity to particularly sensitive receptors or electromagnetic force impacts. 2. Availability of support services - The locations access to necessary support services, like airports, prisons, medical facilities, public transit, utilities, libraries or schools. 3. Environmental impact - The overall assessment, SEPA- style, of the project's impacts to earth, air, water, traffic, noise, light, aesthetics or other categories of environmental evaluation. 4. Distribution equity - The relative saturation of EPFs in proximity to the proposed location. 5. Land Use Designation - Each jurisdiction's comprehensive plan land use designations for the potential sites and surrounding areas. The qualitative assessment step might involve analysis for such factors as economic impact, aesthetic impact, and the extent to which the site's impacts might be mitigated. 6. Economic impact - The location's susceptibility to negative economic impact (or positive economic impact) as a result of the project. 7. Aesthetic impact - The location's visual sensitivity to the type of project the EPF represents. 8. Mitigatability - The project's ability to offer compensation (financial or other incentives, provision of amenities, etc.) or design modifications to mitigate the location's specific concerns. A scoring matrix would look something like the one shown below. Initially, the individual sites (completely hypothetical) are scored against the Criteria on a scale of 1 to 5, five being the most favorable score. These scores are then assigned a Weight on a scale of 1 to 5, five being most preferred or important The initial score for each of the functional and qualitative criteria are then Regional Siting Process for EPFs. Pate 1 7. of 21 multiplied by that weighted value to produce the TotBl Score for each criterion, by site. The Final Score for each site is the sum of the resulting weighted Total Scores for each criterion. Criteria 1 2 3 4 5 6 7 8 Site 1 Score 4 4 4 3 3 2 1 5 Site 2 Score 3 5 3 5 4 2 4 3 Site 3 Score 4 3 5 4 5 1 1 1 Site 4Score 1 3 2 2 2 3 5 2 Weight 5 4 3 3 3 3 2 2 Total Score Final Score Site 1 20 16 12 9 9 6 2 10 84 Site 2 15 20 9 15 12 6 8 6 91 Site 3 20 12 15 12 15 3 2 2 81 Site 4 5 12 6 6 6 9 10 4 58 In this example, Site 1 barely nudges out Site 3 as the second most preferred site for this particular EPF. Site 3 scores highly with respect to public safety, environmental impact, distribution equity, and consistency with the comprehensive plan's land use designation, but it has some negative economic impact, would probably look bad and would be difficult to mitigate. Site 4 presents an alternative which scores rather poorly on all but the aesthetic criteria. It involves a risk to public safety, a negative environmental impact, distribution inequity, weak consistency with the comprehensive plan's land use designations, some economic impact, and would be difficult to mitigate, but it will look sharp. Regional Siting Process for EPPs Page 18 of 21 c A , APPENDIX "D ": Siting Criteria for EPFs Following is the Dept. of Social and Health Services' April 2002 "Summary of Key Statutory Siting Requirements" relative to Secure Community Transition Facilities ( SCTFs). This appendix may be supplemented at a later date to include siting criteria for other types of EPFs. Summary of Key Statutory Siting Requirements • Planning. By September 1, 2002, cities and counties must establish or amend their processes for identifying and siting essential public facilities and amend development regulations as needed to provide for siting of secure community transition facilities (SCTFs). • Non - Compliance with Planning Requirements. Failure to act by 9/1/2002 is NOT a condition that would disqualify county or city from receiving public works trust funds, water pollution control facility grants, etc., or be a basis for a Growth Management Hearings Board Review or private cause of action. • Preemption. After October 1, 2002, the state preempts and supersedes local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary to enable the department to site, construct, renovate, occupy, and operate SC1`1.s m the following counties or any of their cities that fail to complete the required planning consistent with state law by 9/1/2002: Clark, King, Kitsap, Snohomish, Spokane, and Thurston Counties. • Immunity from liability. Cities and counties are immune from causes of action for civil damages related to the siting of SCTFs. Cities and counties and their law enforcement officers are also immune from causes of action for civil damages when officers responds in good faith to emergency calls involving SCTF residents. • Risk potential activities/facilities. Defined as public and private schools, school bus stops, licensed day care, licensed preschools, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, and public libraries. Does not include bus stops established primarily for public transit. • Proximity to risk potential facilities. SCTF not permitted to be located adjacent to, immediately across the street or parking lot from, or within line of sight of a risk potential activities/facilities in existence at the time a site is listed for consideration. "Within line of sight" means that it is possible to visually distinguish and recognize individuals. Give great weight to sites that are the farthest removed from risk potential locations. Regional siting Process For EPFs Page 19 of21 • Response Time. Requirement to site in areas in which it is possible to "endeavor to achieve an average five - minute response time by law enforcement" has been deleted. • Equitable Distribution. in considering potential sites, give great weight to "equitable distribution factors" (i.e., number of residential facilities operated by Dept of Corrections, residential facilities operated by DSHS Mental Health Division, and Level 2 and Level 3 sex offenders in each jurisdiction). • Public Safety and Security Criteria. ♦ Visibility between SCTF and adjacent properties is limited or barriers can be established to limit visibility; ♦ Electronic monitoring devices/systems are available and are functional in the area • Existing building, if used for an SCTF, is suitable or can be feasibly modified; and • Adequate security and back -up system resources can be installed at the site and contractor/maintenance services are available on 24/7 basis. • Security panel must be commercial grade with tamper-proof switches and key -lock to prevent unauthorized access. • All staff must be issued personal panic devices. • All staff must be issued and wear photo ID badges. • Other Siting Requirements. ♦ Site must be in area with access (reasonable commute distance) to medical, mental health and sex offender treatment providers, and community services such as employment, educational and other services. • Treatment providers must be available — this means . the providers are qualified, willing to provide services, and within a reasonable conunute. ♦ Site must be in location suitable for programming, staffing and support considerations. • The SCTF property must be available at reasonable purchase or lease cost. Note: Public safety and security criteria - including distance of SCTF from risk potential locations - must be given the greatest weight. Regional Siting Process for EPFs Page 20 of 21 c (_" APPENDIX "E ": Inventory of EPFs Attached are an inventory of all EPFs located in Spokane County that are of a statewide or regional/countywide significance, and a map showing the locations of those EPFs. Staff Note: The map is available by contacting the Spokane County Division of Planning. Regional Siting Process for EPEs Page 21 of 21 Revision for Application Fee for Regional Siting Process for Essential Public Facilities 01/21/03 SPOKANE COUNTY DIVISION OF PLANNING J 3 0136 2003 ZONING AND LAND USE FEE SCHEDULE PURPOSE: This fee schedule is adopted for the purpose of defraying a portion of the costs to Spokane County regarding the below - listed land use actions. These are reflective of costs incurred by the County for the processing, reviewing, determining, holding of public hearings, notifying and appealing of the listed land use actions. All applications for the listed land use actions, except those initiated by the Board of County Commissioners, Planning Commission or Planning Division, shall he accompanied by the required fee. The required fees are as follows. I. Plat Administration A. B. Final Plat 7 C. Change of Condition/Design (without Public Hearing) requests by the proponent for modifications requiring recirculation to reviewing departments and agencies 1. Plats (Design Change Only) 9 2. Short Plats 10 3. Binding Site Plans 11 D. Preliminary Short Plat 4 or more lots 12 3 Tots 13 2 lots 14 E. Final Short Plat 4 or more lots 15 3lots 16 2 lots 17 Preliminary Plat 6 Preliminary Plat and Zone Reclassification Preliminary Binding Site Plan 18 Final Binding Site Plan 19 Extension of Time for plats, short plats, binding site plans 20 Duplex Division 1. Existing lots/parcels allowing a duplex 23 2. In conjunction with a Preliminary Plat or Preliminary Short Plat 24 Zero Lot Line - any 27 Certificate of Exemption' 1_ Pre -1978 28 2. Between 5 and 10 acres 29 3. Minor lot Tine adjustment 30 4. All other Certificates of Exemption 31 SPOKANE COUNTY DIVISION OF PLANNING 1(I26 West Broadway Avenue Spokane, bVA 99260 -0220 Phone: 477 -7200 • Fax:: 477 -2243 Page 1 of 5 $1,698 plus $14 /lot Preliminary plat fee plus 1/2 the zone reclassification fee $ 862 plus $10/lot $ 664 $ 265 S 691 $1,326 plus $12 /lot over 4 Tots $ 994 $ 663 $ 663 plus $12/lot over 4 lots $ 498 $ 330 $1,724 plus $10/lot $1,326 $ 226 $ 398 plus $12 /duplex dwelling unit lot $ 334 $ 330 plus $10 /lot $ 67 $ 100 $ 100 $ 87 Effective date: January 1, 2003 2003 FEE SCHEDULE F. G. Revision for Application Fee for Regional Siting Process for Essential Public Facilities 01/21/03 Vacation of or alteration to: 1. Final Plat, Final Short Plat, or Final Binding Site Plan (mylar change) 34 2. Final Plat, Final Short Plat, or Final Binding Site Plan (resolution change only) 35 11. Zoning Administration A. Zone Reclassification 1. From any zone to the EA or GA zone 44 2. From any zone to the RR- 10, SRR -5, SRR -2 and SR -1 zones 45 3. From any zone to the SR -I/2 and UR -3.5 zones 46 4. From any zone to the RS, UR -7, UR -12 and UR -22 zones 47 5. From any zone to the B -1, B -2 and B -3 zones 48 6. From any zone to the 1 -1,1 -2 and 1 -3 zones 49 7. From any zone to the Mining zone 50 8. From any zone to any zone not listed above B. Change of Conditions or Public Hearing Site Plan Review 53 Variance 1. Before or after any construction takes place 73 Conditional Use Permits 1. Renewal of conditional use permits, all 79 2. All 80 H. Appeal of a Level 1 or 11 Civil Notice of Violation I. Reconsideration of a Hearing Examiner Decision on NOV SPOKANE COUNTY DIVISION OF PLANNING 10261 Vest Broadway Avenue Spokane, WA 99260-0220 Phone: 477-7200 • Fax:: 477 -2243 Page 2of5 $ 663 $ 330 $ 795 plus $32 per 10 -acre increment $ 955 plus $38 per l0 -acre increment $1,194 plus $27 /acre $1,432 plus $44 /acre $1,909 plus $51 /acre $2,385 plus $65/acre $2,385 plus $19 /acre 51 $ 955 80% of zone reclassification fee under this schedule $ 265 5 398 C. Appeal of Administrative decision 54 D. Zoning Map Modification for an Arterial Road Name or Location Change 56 E. Administrative Permits/Reviews/Determinations 1. Manufactured Horne Park Site Plan Review 59 $ 351 2. Hoare Profession Permit, with no building permit 60 $ 80 3. Temporary Use Permit, with no building permit 61 $ 299 4. Top Soil Removal Pcrmit 62 $ 458 5. Modification/Review of Previously Approved $ 43/hour (1 /2 hr minimum) Site Plan (not in conjunction with building permit application) 65 6. Seasonal Temporary Use Permit 66 a. 2- rnonth permit b. 4 -month permit c. 6 -month permit d. 8 -month permit 7. Seasonal Temporary Use Permit Renewal 67 $ 101 $ 201 $ 304 $ 404 $ 39 $ 708 $ 67 $ 454 $ . 51 (Resolution # 2 -0596) $ 25 (Resolution #2 -0596) Effective state: January t, 2003 2003 FEE SCHEDULE III. Shorelines Management Administration Revision for Application Fee for Regional Siting Process for Essential Public Facilities 01 /21/03 A. Shorelines Permits 1. Substantial Development, Variance or Conditional Use Permit Value of development (materials and labor): $ 0 $25,000 89 S 398 plus advertising cost $ 25,00 $75,000 90 S 477 plus advertising cost S 75,001 - S300,000 91 $ 636 plus advertising cost Over $300,000 92 $ 795 plus advertising cost 13. Nonpermit Service 1. Site Inspection 93 $ 44/hour (1/2 hour minimum) 2. Expansion of Nonconforming Use Review 94 $ 100 IV. Current Use Assessment Administration A. Timber l..and or Open Space Application 101 $ 67 plus advertising cost V. State Environmental Policy Act (SEPA) Administration A. Environmental Impact Statement (EIS) 106 S 810 minimum deposit* *Fee is computed by cost incurred during production If deposit balance falls below $100, additional increment will be required. 13. 'Threshhold determination for first hour. $ 76/hour (1/2 hour minimum)) C. Threshhold determination for each additional hour. $ 75/hour D. Review of special studies required for threshold $ 75/hour (1/2 hour minimum) determinations (W AC 197 -1 1 -914) 107 E. Administrative appeal 5 265 VI. Planned Unit Development (PUD) Administration A. Preliminary PUD or Final development Plan Review 111 B. PUD Final Development Plan Review without Public Hearing 113 $1,491 $ 776 VII. Pre Conference Fee Before any application for the below - listed land use actions is handed out, the following fees will be charged for explanation, instruction and answering the applicant's or his/her representative's questions regarding the application, process or procedure. Pre conference fees are non refundable. A. Preliminary Plat; Vacation or alteration of Final Plat, Short Plat, or Binding Site Plan; Zone Reclassification; or Preliminary Planned Unit Development 136 B. Preliminary Short Plat; Preliminary Binding Site Plan; Temporary Use Permit; Top Soil Removal Permit; $ 61 SPOKANE COUNTY DIv1SlON OF PLANNING Page 3 of 5 Effective date: January 1, 2003 1026 West Broadway Avenue 2003 FEE SCHEDULE Spokane, IVA 99269 -0220 . Phone: 477 -7200 4 Fax:: 477 -2243 Revision for Application Fee for Regional Siting Process for Essential Public Facilities 01/21/03 Variance (before or after construction); Conditional Use; Shorelines; and any Change in Conditions 137 $ 39 VIII. Regional Planning Fees A. Spokane County Regional Siting Process for Essential Public Facilities 1. A lication Fee IX. Fee Administration A. General Administration of Fee Schedule. 1. All of the required fees will be paid at the time of application or when the applicant requests information or service for which a fee is charged above and is rendered without an application being filed, provided that for hourly fees the applicant will be billed and the fees paid before the decision is made and findings signed. 2. Each action for which there is a listed fee above will constitute a separate action, and the fee will be computed as determined above. Each variance required is a separate action. 3. Measurement of acreage will be rounded to the nearest full acre except for areas less than one acre, which will be computed as one acre. 4. Hourly wages will be rounded to the nearest V2 hour as noted except for hours less than V2 hour, which will be computed as'/ hour. 5. The value of projects and /or construction shall be determined by building permit value if issued within the last year. If no building permit was required or the building permit was issued more than one year ago, the value shall be determined per County Assessor records, awarded construction bid, estimated construction cost or other comparable means. B. Refund policy. 1. There is no refund of any pre conference fee. 2. An 80% refund of fees will be provided if the Planning Director or his/her designee determines that, although the application may have been accepted, no processing by the County has occurred. 3. A 50% refund of fees will be provided if the Planning Director or his/her designee determines that the request is made prior to any mailing of notice or if any processing by the County has occurred. 4. No refund or fees will be provided after an administrative decision/interpretation is rendered or after the mailing of notice unless the application is withdrawn at a County department's request. 5. Full refund of fees, minus the pre conference fee, may he authorized dale County has inappropriately told an applicant that a permit/action is required and later it is determined by the County that the permit/application was not necessary/required. C. Automatic Modification of Fee Schedule. The Planning Zoning and Land Use Fee Schedule shall be automatically administratively modified once a year. The modification shall take place as close as possible to one year after adoption of this schedule and yearly thereafter. The Planning Division shall use the Consumer Price Index for U.S. Western Cities 500,000 - 300,000 in size ( "CP1 U West C, on the `77 base, for all urban consumers "). The starting point for modification of this schedule shall be the above -cited CPI for September, 1992, which was 217.5. D. Waiver of Fees. The Director, in consultation with the Director of Public Works and/or the Chief Administrative Officer, may waive all or a portion of the fees established herein for special individual circumstances where there is extreme economic hardship, issues of fundamental fairness, or where application of the fee schedule is otherwise unreasonable or SPOKANE COUNTY DIVISION OF 11 —AWNING 1026 West Broadway Avenue Spokane, WA 99260-022.0 Phone: 477 -7200 4 Fax:: 477 -2243 Page 4 of 5. 3 0136 1200 Resolution #3- Effective date: January t, 2003 2(103 FEE SCHEDULE Revision for Application lee for Regional Siting Process for Essential Public Facilities 01/21/03 impractical. Requests for the waiver of fees shall be. trade in writing to the Director, stating the reasons therefor. The Director's decision shall be indicated by letter stating the basis for approval or denial of the waiver. The Director's decision is final and binding. 4 LIIU Subdivision O, Uremia so:tI0n,t(acl, liana Ism deltud. 2 In 1998, the Department of Labor eliminated the Consumer Price Index (CPI) for U.S. Western Cities size class C (50,000 - 300,000 in population) on both the 1977 base and another that was for the 1982 -19ft4 base. In its place, a new index was created: the CPI West B/C for population sizes of 1,500,000 and under. Its base is December 1996 at 100. SPOKANE COUNTY DIVISION OF PLANNING 1026 West Broadway Avenue Spokane. WA 99260-0220 Phone: 477 -7200 • Fax:: 477 -2243 Page 5 of 5 Effective date: January 1, 2003 2003 FEE SCHEDULE NO. 2 0812 BEFORE THE BOARD OF COUNTY COMMISSIONERS • OF SPOKANE COUNTY- IN THE MATTER OF AMENDING THE SPOKANE COUNTY COMPREHENSIVE PLAN POLICY CF.15.1 RELATING TO ESSENTIAL; PUBLICFACILITIES ) DECISION WHEREAS, to the provisions of RCW Chapter 36.70, the Board of County Commissioners of Spokane County; Washington, hereinafter referred to as the "Board," has created a Planning Commission, hereinafter referred to'as the "Commission "; and WHEREAS, pursuant • to the provisions of •Chapter 36.70A RCW, the Board adopted a Comprehensive Plan and Capital Facilities Plan for Spokane County, . hereinafter referred to as the "Comprehensive Plan," on November 5, 2001 (County Resolution 1- 1059); and • . WHEREAS, on March 12, 2002, the Washington State Legislature declared an emergency and passed Engrossed Substitute Senate Bill 6594 (ESSB 6594) implementing the recommendations of the Joint Select Committee on the Equitable Distribution of Secure Community Transition Facilities, and on March 21, 2002 the Governor signed ESSB 6594; and • WHEREAS, pursuant to the provisions of ESSB, 6594 Spokarie County, along with.all'planning jurisdictions within the state of Washington, was mandated to amend its Comprehensive Plan' to inCliide a process for identifying and siting essential public facilities, including, among other facilities, secure community transition facilities as defined in RCW 71.09.020; and • . WHEREAS pursuant to theprovisions of Chapter 36.70 RCW, the Commission is atnhorized to recommendchanges to the Comprehensive Plan to the Board for its review and consideration for adoption; and • WHEREAS; the Commission recommended amendments - to the Comprehensive Plan regarding siting of essential public facilities; including the proposed revision to Policy CF.15.1 and the Spokane County Regional Siting Process for Essential Public Facilities, as more particularly set forth in Commission's Attachment "A ", attached hereto and incorporated herein; and WHEREAS, the Board acknowledges the Determination of Nonsignificance (DNS) issued by the Spokane County Division. of Planning on June .21, 2002, with respect to the Comprehensive Plan Amendment; and 1 NO. 2 0812 WHEREAS, the Board, after considering,the Commission% Recommendation and reviewing the COmmission'S Findings of Fact; concurs with the Findings of Fact, Decision, and Recommendation of the Cotnmission dated July 25, 2002, attached hereto and incorporated herein by reference, and determines the best interest of the general. public, as well as its health, safety and welfaie,•Will be met by the Board amending the Spokane County Comptehensive Plan as recommended the Commission. - NOW,. THEREFORE, BE IT RESOLVED by the .Board,:afer considering all..of the •above, that the Comprehensive-Plan Amendment as set forth ;in the .Commission's Attachment "A", attached hereto and incorporated herein by reference, be adopted. • BE IT FURTHER RESOLVED that the Board does .hereby direct Division of Planning Staff to, prepare,. in cooperation with all jurisdictions. in -.Spokane County, an interiocal agreement outlining :administrative procedures. for the • Spokane County Regional Siting Process for Essential Public. Facilities. BE 1T FURTHER RESOLVED that, the Board does ° hereby adopt as - Findings of Fact all recitals .herein aswcll as thesCominissi ons', Findings .of.F.aet as set forth in the Commission's Findings, Decision, and Recommendation dated. July 25, 2002, attached hereto and incorporated herein.bY. reference. ..-• -APPROVED this 13 daY, of August„2002.. • -: • Daniaa Erickson, Deputy BOARD OF COUNTY COMMISSIONERS Si tE, OUNTY, WASHINGTON arris„ Commissioner •• . 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 25, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing x❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: City Manager Appointment to MRSC Board GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The City Manager has been asked to accept an appointment to the Board of Directors of the Municipal Research & Services Center headquartered in Seattle. Board members serve two year terms and generally meet four times per year. "The Municipal Research & Services Center (MRSC) is a non- profit, independent organization created in 1969 to continue programs established in 1934 under the Bureau of Governmental Research at the C_D University of Washington. Our mission is "working together for excellence in local government through professional consultation, research and information services." The Center is governed by a volunteer board of directors drawn from local government and the community -at- large. MRSC does not engage in political activity. We do work in cooperation with the Association of Washington Cities and the Washington State Association of Counties, and the Washington Association of County Officials, advocacy organizations for cities and counties. Individual cities and counties pay no fees for the Center's programs. Instead, programs are cooperatively funded out of a small portion of the cities' distributions of the Liquor Board profits and the counties' distribution of the Liquor Excise tax. Funding is provided through a biennial contract with the Municipal Research Council, a state agency." OPTIONS: 1. Endorse the City Manager's appointment to the MRSC Board. 2. Choose not to endorse the appointment. 3. Take no action and let the City manager decide. RECOMMENDED ACTION OR MOTION: Endorse the City Manager's appointment to the MRSC Board. BUDGET /FINANCIAL IMPACTS: MRSC pays the travels cost associated with attending Board meetings; hence there is no anticipated impact on the city budget. STAFF CONTACT: Dave Mercier ATTACHMENTS None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 25, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Consider a' Motion authorizing formation of an Ad Hoc Committee to review the Sign regulations GOVERNING LEGISLATION: Chapter 14.804 Signage Standards Interim Zoning . Regulations PREVIOUS COUNCIL ACTION TAKEN: City Council was briefed on the Interim Sign Regulations on March 30, 2004, and authorized the formation of an ad hoc Sign Committee on April 6, 2004. BACKGROUND: The City Council adopted Chapter 14.804 of the Zoning Code of Spokane County as interim regulations governing signage. The provisions were adopted by Spokane County in 2002 following a multi -year effort, which included a study group which submitted recommendations for action. In order to provide a balanced review of regulations, the ad hoc Sign Committee should include representatives from the sign industry as well as concerned citizens and business interests.. The Committee shall consist of seven members including two representatives from the sign industry actively engaged in the installation of commercial signage, two representatives from the Spokane Valley Business community, two neighborhood representatives, and one member of the Planning Commission. The meetings of the Committee shall be open to the public. The Committee may solicit and receive testimony which shall be included in the minutes of the meeting. The Director of Community Development shall be an ex- officio member of the Committee with the responsibility of recording the meetings, providing information requested by the Committee, and providing notice of meetings. The Committee will review and recommend updates to the existing regulations. It is anticipated that the Committee will meet weekly through the end of July 2004 The application period was extended from April 30, 2004 to May 21, 2004 to encourage participation from interested citizens. RECOMMENDED ACTION OR MOTION: City Council approval of a motion confirming the Mayor's appointments to the ad hoc Sign Committee. BUDGET /FINANCIAL IMPACTS: NIA STAFF CONTACT: Marina Sukup, AICP, Community Development Director ATTACHMENTS List of applicants Meeting Date: May 25, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE : Review of Contracts Inventory GOVERNING LEGISLATION: NIA PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The majority of the City's service contracts are with Spokane County. From a payment perspective, there are two types of contracts: those paid on an actual usage basis throughout the year; and those paid on a contract estimate basis, with a settle- and - adjust provision at the end of the year. Ultimately, the City only pays for actual use on all of its agreements with the County. The purpose of this agenda item is to provide an update on the 2003 contract costs. Some of the contracts are still pending, with issues of significant financial impact yet to be resolved. OPTIONS: NIA RECOMMENDED ACTION OR MOTION: N/A — information only BUDGET /FINANCIAL IMPACTS: Of the 2003 settle- and - adjust contracts which have so far been reconciled, the City expects to receive a credit in 2004 of approximately $115,000. STAFF CONTACT: Nina Regor, Deputy City Manager; and Morgan Koudelka, Administrative Analyst ATTACHMENT: Powerpoint presentation CITY OF SPOKANE VALLEY Request for Council Action Spokane Valley Service Contract Inventory for 2003 n . Contract Inventory Overview ❑ There are two different types of service contracts: al Contracts paid during the year based on actual usage and costs Contracts with payments made during the year based on an annual estimate, with settle and adjust at end of year May Z. 2o04 Contracts Imlllhny 2 1 Contract Budgeted Actual Difference Jury Management 9,000 - 9,000 Jail 778,000 146,589 631,411 Probation Services 100,000 6,604 93,396 Hearing Examiner 38,600 23,364 15,236 CIS 66,800 42,455 24,345 Street Maintenance 1,700,000 892,145 807,855 Sewer 1,000.000 720,393 279,607 Stormwater 155,000 4,141 150,859 Engineering 283,500 128,775 154,725 Total 4,130,900 1,964,466 2,166,434 Actual Usage Contracts Mww 25, 2004 Cnnh,W Inemay J "Settle - and - Adjust" Contracts ❑ Payments during the year 2003 were made according to the usage estimate in the agreement ❑ These contracts have provisions for an adjustment at year-end based on actual usage Kay 25, 2004 Camractn Inerttery 4 2 Descri ption Estimated Actual Refund /(Cha Salaries - Misdemeanor 216,173 176,985 . 57,526 Salaries - Infraction 19.573 10,154 M & 0 - Misdemeanor 13.655 12,554 M & 0 - Infraction 1,875 1,090 Cost Allocation - Misdemeanor 18,656 15,274 Cost Allocation - Infraction 1,689 876 Stale Funding - (2.838) Total 271,621 214,095 Description Estimated Actual Refund /(Charge) Salaries and Benefits 234,090 188,320 53,454 Investigator Salaries and Benefits 2,835 1.034 0 & M 9,180 5,829 Cost Allocation 14,841 12,309 Total 260,946 207,492 Public Defender. ❑ County owes City $53,454 ❑ Contract estimated SV usage was 39% ❑ Actual SV usage was 29.83% ❑ Based on misdemeanor cases only Mar 2Z 2004 CantrocC 6w r. my 6 Prosecutor o County owes City $57,526 o City is charged for misdemeanors and infractions o Contract estimated SV usage was 32.27% and 34.45% respectively o Actual SV usage was 26.42% and 1$.39% respectively Mal 25, 2004 Co:treas Inv4nInry 6 3 Description Estimated Actual Refund/(Charge) Salaries and Benefits 295,964 295.371 (5,445) Maintenance and Operations 66,790 63,636 Cost Allocation 77,290 77,560 Revenues (153,962) (145,040) Total 286,082 291,527 Description Estimated Actual Refund /(Charge) Salaries 17,086 13,280 4,084 Maintenance and Operation 811 807 Cost Allocation 1,229 955 Total 19,126 15,042 Pre -Trial Services o County owes City $4,084 ❑ Pre -trial services are used to process Public Defender Applications for misdemeanor charges ❑ Contract estimated SV usage was 40% o Actual SV usage was 32% Wy2. 2D04 Commas 'warmly 7 Animal. Control o City owes County $5,445 o Contract estimated SV usage was 48.69% ❑ Actual SV usage was 48.86% May 25. 2004 Co, UftU ■ hvernory 4 Description Estimated Actual Refundl(Charge) Expenditures 40,278 38,267 5,284 Revenues (3,795) (7,068) Total 36,483 31,199 Description Estimated Actual Refundl(Charga) Expenditures 30.733 30,273 460 Total 30,733 30,273 Emergency Management ❑ County owes City $5,284 ❑ Based on SV population portion of County (19.13 %) Atay 23.2001 Gant a to 9Mntdy 8 SCOPE ❑ County owes City $460 ❑ Based on number of SCOPE stations (four) within SV city limits ❑ SCOPE agreement is incorporated into the Law Enforcement contract for 2004 May 2S. 2001 Gartlra .3 Imet1Cty 10 5- Contract Estimated Actual Difference Public Defender 260,946 207,492 53,454 Prosecutor 271,621 214,095 57,526 Pre -Trial Services 19,126 15,042 4,084 Animal Control 286,082 291,527 (5,445) Emergency Management 36,483 31,199 5,284 SCOPE 30,733 30,273 460 Total 904,991 789,628 115,363 Estimated. vs. Actual Comparison ❑ The County owes the City $115,363 11ay 25, 2CO4 Con ar Z hvmtaty 11 Next Steps ❑ Parks, Law Enforcem.ent, and the District Court contracts have outstanding issues which staff continues to work on o Credits or charges will be applied to the next available monthly invoice o 2004 contracts will be analyzed, especially assumed usage rates M y 25.2004 CMt(7Q1 h, lolcry 12 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 25, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing information [ admin. report ❑ pending legislation AGENDA ITEM TITLE : Weed and Seed GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Attached OPTIONS: RECOMMENDED ACTION OR MOTION: None at this time BUDGET /FINANCIAL IMPACTS: None STAFF CONTACT: Chief Cal Walker ATTACHMENTS ADMINISTRATIVE REPORT The purpose of this administrative report is to provide to the Council an overview of the concept and philosophy surrounding Weed and Seed grant opportunities. In the past, different areas in our community have embraced the philosophy of community - oriented policing, law enforcement, neighborhood involvement and programming that provide for opportunity for change and growth in specific neighborhoods. Prior to the incorporation of Spokane Valley, the Spokane County Sheriffs Office pursued this new type of grant opportunity through resources from the Federal government. Application was made to receive a continuing Federal grant that was specifically directed at the Edgecliff area. The implementation of that actual Weed and Seed project was funded in 2003, and the program is off and running with great anticipated results. Funding totals more than $200,000 per year for up to five years. Since incorporation and the formation of the Spokane Valley Police Department, we have formulated a plan and have begun the basic steps of applying for a new Weed and Seed grant for an area designated as the Central Valley area. This initial process has included the development of a Steering Committee co- chaired by myself and James Shively of the U. S. Attorney General's office, the implementation of specifically- assigned committees who have begun to research identifiable needs within the boundaries of that area, and the gathering of partners from schools, businesses and faith -based organizations. The initial survey, hoping to identify the community's own heartfelt needs, has recently been distributed and we will be collating the results of that in the near future. It is anticipated that sometime in the fall we will get better direction as to whether or not we would be a good candidate for the available funding for 2005. I have also requested in previous verbal communication with the Council that the City of Spokane Valley become the fiscal agent that would manage the funds if appropriated by the Federal government. We have met with Ken Thompson and others within the City staff to discuss the potential impact that becoming the fiscal agent would have on the City. It was also found that the City is already going to be the recipient of enough Federal funds in other projects that we would clearly pass the requisite minimum dollar amount that would mandate that the City would undergo specific auditing processes as a recipient of those funds. This project alone does not take us over that threshold. One of the other requirements of a Weed and Seed project like this is that part of the allocated funding is spent on a mandatory position providing a director within the Weed and Seed program to assist in the management of funding and reporting the grant proceeds. This is an exciting opportunity for us to partner with our whole community and address issues within a specific boundary that can have a profound effect on our entire city. Pm excited about pursuing this opportunity and would hope for the Council's support in this endeavor. I have attached a basic Weed and Seed grant overview for your review. GRANT OVERVIEW WEED AND SEED In 1991, the U.S. Department of Justice established "Operation Weed and Seed " - a community -based multi agency approach to law enforcement, crime prevention, and neighborhood restoration. The goals of Weed and Seed are to control violent crime, drug trafficking, and drug - related crime in targeted high -crime neighborhoods and provide a safe environment free of crime and drug use for residents The Weed and Seed strategy brings together federal, state and local crime- fighting agencies, social service providers, and representatives of the public and private sectors prosecutors, business owners and neighborhood residents under the shared goal of weeding out violent crime and gang activity while seeding in social services and economic revitalization. • Law enforcement agencies and prosecutors cooperate in "weeding out" criminals from the target area. • "Seeding" brings prevention, intervention, treatment, and neighborhood revitalization services to the area. FUNDAMENTAL PRINCIPLES Four fundamental principles underlie the Weed and Seed strategy. These include Collaboration. Coordination, Community participation, and Leveraging resources. FOUR COMPONENTS OF WEED AND SEED STRATEGY • Law enforcement • Community Policing • Prevention, Intervention and Treatment • Neighborhood Restoration KEY ELEMENTS OF THE STRATEGY • The Steering Committee • The Strategic Plan KEY PLAYERS • The U.S. Attorney • The Mayor and /or the Mayors Office • The Weed and Seed Coordinator • Community Residents • Federal, State, and Local Law Enforcement agencies and Prosecutors • Other municipal, county, state, and federal agencies have a role • Business partners • Faith based organizations HOW TO BECOME A RECOGNIZED WEED AND SEED SITE Significant commitment by the community: • A focused process that concentrated on selected issues • Consideration of resource availability • Assessment of community problems and needs • An action- oriented with a strong emphasis on practical results • An emphasis on innovative approaches to problem solving THE FIVE BASIC PLANNING STAGES IN DEVELOPING THE WEED AND SEED STRATEGY ARE: Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 • Youth Serving organ1zations Organize and convene a Weed and Seed steering committee Select or confirm the designated neighborhood Conduct a community assessment of the designated neighborhood Select priorities and strategies to address neighborhood challenges Identify goals, objectives, and major tasks Develop an implementation plan STEPS TO OFFICIAL RECOGNITION 1. Organize and convene a steering committee. The steering committee meets and identifies the target neighborhood, conducts a needs assessment for the target neighborhood, identifies existing resources and gaps where new resources are needed, develops implementation activities, and develops the implementation schedule. 2. Request an application for the official recognition. 3. Communities that develop a Weed and Seed strategy in coordination with their U.S. attorney's office may submit an application for official recognition to EOWS. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 25, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ® old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Selection of Pilot Projects for Managed Competition Program GOVERNING LEGISLATION: NIA PREVIOUS COUNCIL ACTION TAKEN: On May 11, 2004 Council received a presentation on managed competition and directed staff to identify candidates for a pilot program. BACKGROUND: One of the Council Goals of 2004 was to experiment with a managed competition program. At the Council Retreat in February 2004, suggestions for potential candidates were offered. Staff evaluated these and other services and, as a result, recommends park maintenance and library services as the two candidates for the managed competition pilot program. They were chosen because both have viable competitors for all or parts of their service. In addition, City staff and the current service provider have already made progress in developing performance measures or other evaluation tools. OPTIONS: Select recommended candidates for the managed competition pilot program; choose alternative candidate(s); or provide additional direction. RECOMMENDED ACTION OR MOTION: Move to approve Library Services and Parks Maintenance as the service areas for the managed competition pilot program. BUDGET /FINANCIAL IMPACTS: None at this time. There may be financial impacts within the selected service areas; however, the financial impact would be reflected in the 2005 budget. STAFF CONTACT: Morgan Koudelka, Administrative Analyst ATTACHMENTS PowerPoint Presentation L Spokane Valley Managed Competition Pilot Program Morgan Koudelka, Administrative Analyst May 25, 2004 Goal of Pilot Program ❑ .Evaluate effectiveness of a managed competition program and determine if results warrant continuation and expansion of the program May 25.2004 Nxnapnn C0444010n 2 1 inannewommEnwwwwwmmonewommemiammummq Pilot Program Recolnn�e d Caa elates ❑ Park Maintenance ❑ Library Services Mn) 25. 2004 Mmuga! CompdiVOn 3 Reasons for Recommendation ❑ Identified Competition ❑ Information available to develop service goals o Resources available to meet deadlines )+te 25.2004 H®u(pm Compellan Steps of Pilot Program ❑ Define the parameters of the program ❑ Define specifications of the service delivery ❑ Determine selection process ❑ Issue a request for proposal ❑ Select service provider ❑ Monitor service delivery May 25, 2004 Mansenotl Cammeua Next Steps ❑ Articulate goals, objectives and performance measures for candidate services - By June 30, 2004 ❑ Develop and issue request for proposal for identified services - By July 31, 2004 ❑ Evaluate proposals and select service provider - By September 30, 2004 ❑ Monitor performance by ensuring that performance and outcome measures specified in the contract are met - Ongoing Mt 25, 2004 Rea nopoi Camp'utbn 0 3 Meeting Date: May 25, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business AGENDA ITEM TITLE: Administrative Report. Proposed ordinance Amending Ordinance 03 -053 relating to Administrative Exceptions and Administrative Variances. GOVERNING LEGISLATION: RCW 36.70, Spokane Valley Ordinance 03 -53 PREVIOUS COUNCIL ACTION TAKEN: City Council was briefed on interim development regulations requiring review on April 6, 2004. BACKGROUND: The City Council adopted the Spokane County Comprehensive Plan pursuant to Ordinance No. 03 -52, subsequently adopting the Zoning Code of Spokane County as interim development regulations for the new city (Ordinance 03 -53). Included in the latter was a new section (14.404.090 Administrative Variances) which ostensibly granted additional discretion for administrative approvals to building setback, height and lot area requirements. Unfortunately, "variances" are narrowly defined in both state law and the Interim Development Regulations and require notice to adjacent property owners and a public hearing before the Hearing Examiner, effectively precluding administrative approvals. This discrepancy is resolved by amending Section 14.506 Administrative Exception to include the provisions originally addressed in 14.404.090 Administrative Variance and repealing that provision. In reviewing Chapter 14.506 Administrative Exception provisions relating to 'Arterial /Overlay Zones" and "Future Acquisition areas' are obsolete. These provisions are deleted but intent was preserved in a new subsection 10 in 14.506.020 which identifies Administrative Exceptions as also applicable to improved properties adversely impacted by voluntary dedication of rights - of -way, eminent domain proceedings or purchase of right -of -way by the City, County, State or Federal agency. A determination of Non - Significance was issued on May 6, 2004 and a draft proposal was submitted to CTED and other agencies for their review on May 10, 2004. A public hearing will be held before the Planning Commission prior to any consideration by the City Council. OPTIONS: Not applicable. RECOMMENDED ACTION OR MOTION: Information only. No action required. . BUDGET /FINANCIAL IMPACTS: Not applicable. STAFF CONTACT: Marina Sukup, AICP, Community Development Director ATTACHMENTS: Draft ordinance. CITY OF SPOKANE VALLEY Request for Council Action ❑ new business ❑ public hearing information ❑ admin. report ❑ pending legislation DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04-019 AN ORDINANCE OF T M CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING ORDINANCE 03 -053 INTERIM DEVELOPMENT REGULATIONS RELATING TO ADMI�NTISTRATIVE VARIANCES AND EXCEPTIONS; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City of Spokane Valley Ordinance No. 03 -053 adopted the Spokane County Zoning Code as Interim Development Regulations pursuant to the requirements of RCW Chap. 36.70A; and follows: NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as Section 1. Chapter 14.506 of the Spokane Valley Interim Development Regulations is hereby amended to read as follows: 14.506.000 Intent "Chapter 14.506 ADMINISTRATIVE EXCEPTION The Community Development Director may approve minor deviations to requirements for setbacks, lot coverage, minimum lot size and building height where the strict application of de • . - m- stendafds- ef-this Code is found unreasonably detrimental to the development of the property and the interests of the property owner, quelifie in-1475067020. subject to 14.605.030, Approval Criteria ! .: Director ritten- peliey . 14.506.020 Allowed Exceptions Exceptions may be considered only when they involve any of the following circumstances. 1. Any dimensional requirement which does not exceed one (1) foot. 2. Under the following conditions: a. A parcel established prior to March 31. 2003 that does not meet the buildable square footage requirements for a parcel in a particular zoning district: or b. A legally non - conforming dwelling with respect to setbacks, height and size which otherwise Draft Ordinance 04 -019 Administrative Exceptions /Variances Page 1 of 5 DRAFT could not be expanded or reconstructed; or c. A duplex constructed prior to March 31, 2003 that does not meet the minimum parcel size, which could not otherwise be reconstructed. 3. Yard setback requirements where the deviation is for tent- twenty -five percent (4925 %) or Tess of the required yard. 4. Building height requirements where the deviation is for twenty -five ten- percent (2540 %) or less of' the maximum building height. 5. Minimum lot area re uirements where the deviation is for twen five ercent (25% or less of the required lot area. 6. Maximum buildine, coverage requirements where the variance- deviation is for twenty five percent (25 %) or less of the maximum building coverage. 67. Lot frontage and /or width under the following circumstances: a. Lot frontage and/or width requirements where the deviation is for ten percent (10%) or less than the required lot frontage. b. het= frentuge- antler - width - require i , of s be. Lot frontage and/or width requirements where the deviation is greater than that listed in 14.506.020(67a)(6) provided that the Department sltafl- enl -str eptiens- -a frtttiteg th. a r-ael jeeent- preperties-ner -the -gent r� al-he ; adversely- uffeeted; -and ufther pr ep may include require circulation to affected agencies anti- may- resulti_g in conditions of approval. 38. Up to one -half (1/2) of a private tower's "impact area" off of the applicant's property. $9. Flanking Street Yard setbacks, provided that: .mac- Eleviation a. At the time the subject parcel was legally created the property was zoned under a zoning classification of the pre - January 1, 1991 Spokane County Zoning Ordinance, and subsequently on January 1, 1991 a new zoning classification from the Zoning Code.of Spokane, Washington was assigned to the subject property; and b. Any Flanking Yard Setback deviation granted under this section shall not exceed the required Flanking Street setback standards of the pre - January 1, 1991 Zoning classification of the subject Draft Ordinance 04 -019 Administrative Exceptions/Variances Page 2 of 5 DRAFT property. 10. Amy improved property rendered non - conforming through volu nt a ry de d ic ation of right - of way the exercise of eminent dom proceedings or purchase of right of- -way by the Cit the Cou o r State or Federal agency. 9k0. — A-ret i i r no t c .,.,.t t tt gngiiieer: e pacinb$f denmefistfated- etbae need f 1 r setbaelH the- issvartee -of-an-iii pfebieFttt ( -the -Genet eed eF- gieaier • te_, e - t. - o a Draft Ordinance 04-019 Administrative Exceptions/Variances thaek+;-provid ! !! Page 3 of 5 f Ltiturc Aeq- uisitien-Area -mny be 1.4.506.030 Approval Criteria DRAFT Criteria for approval or denial of applications shall he established by the Community Development Director if it is shown that:. 1. The administrative exception does not detract from the character and nature of the vicinity in which it is proposed; 2. The administrative exception enhances or protects the character of the neighborhood or vicinity by protecting natural features, historic sites, open space, or other resources., 3. The administrative exception does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies. 4. Granting the administrative exception does not constitute a threat to the public health. safety and welfare within the city. 14.506.040 Procedures The decision and conditions of approval of the Department in granting or denying an administrative exception should be submitted in writing to the applicant within thirty (30) days,- but no longer than sixty (60) days, of receipt of a complete application. Such decision must indicate how the administrative exception is consistent or inconsistent with any criteria or guidelines set forth herein by the Plartg Director. If the Department determines that a requested administrative exception does not meet appropriate criteria, the application may be processed as a variance in the manner outlined in Section 14.404.080." Section 2. Section 14.404.090 Administrative Variance is hereby repealed. Section 3. Severabilitv. 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 4. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Draft Ordinance 04 -019 Administrative Exceptions/Variances Page 4 of 5 DRAFT ATTEST: PASSED by the City Council this day of , 2004. City Clerk, Christine Bainbridge Approved as to Form: Deputy City Attorney, Cary Driskell Date of Publication: Effective Date: Mayor, Michael DeVleming Draft Ordinance 04 -019 Administrative Exceptions/Variances Page 5 of 5 iiTV r �pO�aBle j Val ley AvaiNitsTRAInmE. DZCEPITTIONS & VARIANCES Co munity;Devel p en tDepSartmen !May :25,2004 Background • City Council was briefed on Development Regulation policy issues on April 6, 2004, and provided direction concerning the intent of the provisions included in Ordinance No. 05 -53. • SEPA analysis was completed on April 26, 2004 and a _: Determination of Non - Significance issued Proposed Amendments • The provisions of Section 14.404.090 adopted by City Council have been incorporated into the amended requirements of Section 14.506 and 14.404.090 repealed • In.addition obsolete. provisions relating to "Future Acquisition. Areas" were deleted, .Added were provisions • .which allow consideration of, Administrative Exception on improved property rendered non- conforming as a result ,rof right -of -way accquisttionJby voluntary dedication, purchase C condemnation;: ; '� ,n ', k ,' • Next Steps Public Commission Hearing b00ODOo °roam scheduled 2004 before Planning 2 Spokan�� �Ualley Memorandum 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevattey.org To: Dave Mercier, City Manager; Nina Regor, Deputy City Manager From: Mike Jackson, Parks and Recreation Director C C: Date: 5/21104 Re: Unauthorized Construction at Sullivan Park As you know, the Radio Control Car Club of Spokane (RCCCS) has a race track at Sullivan Park for radio controlled cars. This use existed by informal agreement with Spokane County. Earlier this year I contacted the president of RCCCS, Les Ulrick, and let him know that the City of. Spokane Valley would be evaluating all parks and facilities in the upcoming Master Plan process. To date, that was the only contact I had with RCCCS. Earlier this week it came to my attention that RCCCS was installing light fixtures at the track. 1 drove out to take a look and discovered that foundations had been poured and other preparations made for several large light fixtures. I was concerned because the Department of Parks and Recreation had not been contacted for permission. 1 called our Building Official, Tom Scholtens, to find out if he had any knowledge of this activity. Tom contacted Les Ulrick, President of RCCCS to discuss this matter. Shortly thereafter, Les Ulrick called me. He stated that he had contacted the City permit offices but did not know that he should contact the Department of Parks and Recreation to request permission for construction on City property. I informed him that he should have contacted the Department of Parks and Recreation. As the owner of the property, the City could potentially face liability exposure both from the construction and the operation of the fixtures. Additionally, the City has not yet had the opportunity to develop policies and guidelines governing the use of City parks and in particular the private use of public park property. There are also other policy issues that eventually will need to be addressed. For example, RCCCS has posted a sign at the track that it is not a public facility, yet it is on public (City) land. The club also states that the facility is solely maintained by RCCCS however, Spokane County and now the City of Spokane Valley have paid the utility bills, mowed the grass, picked up litter, hauled garbage and provided other maintenance and support. The addition of the new lights will likely increase the City's electric bill which was about $400 in 2003 for this facility. It is my recommendation and intent that we develop comprehensive policies that guide future specific uses of City parks. At this time, we do not have the process in place to properly evaluate the merits of further development of the race track and how well it will fit with the community's long term vision for City parks. As with all issues, we will examine the full range of outcomes and at one end of that spectrum is the possibility that the RCCCS will not be located in Sullivan Park. It is unfortunate that RCCCS has chosen to attempt construction on City property and in a City Park without notifying the City. Additionally, the RCCCS has an event scheduled for Memorial Day Weekend for which they made no contact with the City until my request for them to do so on May 21, 2004. Correspondence from June 9, 2003 from Bob Hughes, Park Superintendent indicates that the RCCCS was notified through their contact at Mitchell's Hobbies that a permit was required for such use of property. They were also invoiced $175 for a permit fee and for additional garbage pick -up and other services rendered by the county at the 2003 event. l was informed by the County on May 21, 2004 that payment had not been received. However, I have asked Doug Chase, Spokane County Parks Director to verify that for me. Based on the above, it is my intent: • To notify RCCCS that all construction on the track be halted. • To inform RCCCS that one of the potential outcomes of the City's review of facilities is that the RCCCS track will not be located in Sullivan Park • To let them know that if they wish to offer an event over Memorial Day weekend, I will review their application along with proof of insurance and payment in advance of the event in an amount to be determined, and also past due payment (if any) of the invoice dated June 9, 2003 for $175. Please review and advise. Attachment: Letter dated June 9, 2003 from Robert Hughes, Services Manager to Mitchell's Hobbies June 9, 2003 Mitchell's Hobbies N. 4715 Crestline, Suite B, Spokane, Washington, Attention: Matt and /or Ron, i LJ IT r Y S Y o :t{ A N DEPARTMENT OF PARKS, RECREATION AND GOLF Doug Chase, Director Gentlemen, on 5/23/03 .l spoke with Gary Conner regarding the RC race held at Sullivan Park over the Memorial Day Weekend. He indicated Mitchell's (lobbies was sponsoring the event and you gentlemen were the individuals in charge. It was my understanding this was to be a large national event expecting upward to 3,000 participants. At the time of my conversation, Mr. Conner was interested in what services we intended to provide for the upcoming event. 1 indicated to him, we, the Spokane County Parks Dept. were unaware of any scheduled event and we were not scheduled to provide any services. Additionally, l asked if the event would require irrigation sprinklers turned off, if there was an intent to have visitors camping on the grass, and 1 requested he not allow any additional RV's to park within the turf areas. My desire was to work with the situation and hopefully your event would be a success, it sounds like it was. Additionally, 1 made special notes and requested our weekend staff to check in on the event just in case you would need any extra services. When events of this magnitude are sponsored it generates enough extra attention to warrant a "Large Group Reservation" issued from our Administration Office. The reservation system allows us to communicate the needs of the groups and insures everyone is on the same page. Our Administration Office is located at 404 North Havana, Spokane, 477 - 4730. In the future we will be looking forward to working with your organization to complete a "Large Group Reservation" to insure we all understand each others abilities and needs. This type of reservation is required for groups of 200 people or more. Additionally, there is a $75.00 fee associated with this reservation. The purpose of this fee is to off set the inconvenience of our routine maintenance weekend schedules and to allow for extra charges generated by large activities. After receiving assurances from Mr. Conner, 1 felt we had a clear understanding of how you intended to proceed, however, our weekend staff indicated there were campers on the lawn, we were forced to make two unscheduled trips to the transfer station to dispose of garbage, our onsite dumpster was filled by litter generated by your event, and it appeared there was well over 200 people attending. Additionally, we discovered our irrigation system had been shut off manually (in valve boxes) and our staff had to spend time locating individual valves to return the irrigation system to operation. Because of the above mentioned unexpected rescheduling and extra costs to our agency we will be dfld Nnrth Havana • Spokane. Washineton 99202 -4663 • Telephone (509) 477 -4730 Fax: (509) 477.2454 requesting you submit payment for the reservation fee, $75.00, even though you did not apply for this reservation, plus $100.00 for labor, truck time for hauling away extra garbage, extra charges for garbage disposal, and time spent returning the irrigation system to an operable condition. In the future, we will look forward to assisting you with your event when you complete the "Large Group Reservation" and we thank you for you cooperation. If you have any questions please feel free to contact me, 994 -3433. erely, Robert W. Hug Services Manage Spo. Co. /City of Spo. Valley, Parks and Rec. Depts. CC: Doug Chase, Director, Spokane County Parks Bill Hutsinpiller, Interim Director, City of Spokane Valley Judi Potter, Office Manager, Spokane County Parks $75.00 $100.00 $ 175.00 Spokane County Parks, Recreation and Golf Invoice.... June 9, 2003 Payment due upon receipt Thank you DEPARTMENT OF PARKS, RECREATION AND GOLF Doug Chase, Director Large Group Usage Fee Sullivan Park May 23, 2003 Staff Time to locate and turn individual water valves on, because the irrigation system had been disrupted. 404 North Havana • Spokane, Washington 99202 -4663 • Telephone (509) 477 -4730 Fax: (509) 477 -2454 Spokane Valley Planning Commission Approved Minutes Council Chambers — City Hall 11707 E. Sprague Ave. April 8, 2004 1. CALL TO ORDER Planning Commission Chair Gothmann called the meeting to order at 6:33 p.m. II. PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of Allegiance. RI. ROLL CALL Fred Beaulac — Present Bill Gothmann — Present Bob Blum — Present Ian Robertson — Present David Crosby — Present John G. Carroll — Present Gail Kogle — Present IV. APPROVAL OF AGENDA Commissioner Robertson moved that the April 8, 2004 agenda be approved as presented. Commissioner Blum seconded the motion. Motion passed unanimously. V. APPROVAL OF MINUTES 1: was moved by Commissioner Crosby and seconded by Commissioner Robertson that the minutes of the March 11, 2004 Planning Commission meeting be approved as presented Motion passed unanimously. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioner Carroll suggested that staff develop a pamphlet explaining the Comp Plan Community Meeting process; including subject matter, length of time, number of participants, etc. The pamphlet could be given to citizens who are trying to determine if their meeting facility would be suitable for our purposes. He also suggested that staff contact Pastor David at Christ Lutheran Church on the corner of Broadway and McDonald. Commissioner Blum attended a City Council meeting recently where a new Couplet option, #2A, was discussed. The discussion was moved to the April 27 Council meeting. Commissioner Robertson commended staff on the excellent results of the first Comp Plan Community Meeting at Redeemer Lutheran Church on March 25`h. Commissioner Kogle attended the Spokane Valley Chamber of Commerce Local Government Committee meeting last Tuesday. Spokane Transit Authority spoke to the Valley about the importance of an increase in sales taxes to keep the transit system functional. On Monday night, she attended the Light Rail Citizens' Advisory Committee meeting. A dimensional computer display of how the consultant's Light Rail project would be designed to interact with a City Center in the University area was previewed. Commissioner Beaulac attended a Spokane Building Blocks meeting at the Spokane City Hall on April 3` The future of land use, including everything from open spaces to alleyways, was discussed. Next month's meeting will focus on the environment. Chairman Gothmann encouraged Commissioners to access minutes from the past several City Council meetings on the Valley's new website. He attended a Weed & Seed meeting at Pratt Elementary for the Edgecliff neighborhood and learned of some interesting new concepts in neighborhood crime prevention. Commissioners were encouraged to pass out flyers in advance of the next Comp Plan Community Meeting at Pratt Elementary on Wednesday, April 21 . V111. ADMINISTRATIVE REPORTS Ms. Sukup notified the Commission of several upcoming events scheduled for their participation: Wednesday, April 14' 3:00 p.m. - "Conversation with the Community" at the Spokane Valley Senior Center. Tuesday, April 20 12:00 noon — "State of the City" address at Percy's Decades Banquet Room, $20.00 per person for the luncheon, R.S.V.P. (Commissioners Gothmann and Kogle R.S. V. with Ms. Sukup) Tuesday, April 20` 6:00 — 8:00 p.m. — Community Meeting: Wastewater Issues Open House. Held in the Central Valley School District Board Room. Wednesday, April 21 6:30 — 9:00 p.m. — Comp Plan Community Meeting. Pratt Elementary School on the corner of 4 and Coleman. Thursday, April 29` 12:00 noon — Joint Planning Commissioner's Regular Luncheon. Public Health Building. Tuesday, May 18 6:00 — 8:00 p.m. — Media Training Session with City Council. Spokane Valley City Council Chambers. 2 The City Council has approved the formation of an Ad Hoc Sign Committee. It will consist of two members who are representatives of the sign business community, two members representing the general business community, two members representing the citizens of Spokane Valley, and one Planning Commission member. Commissioners Kogle and Crosby are interested in serving on this committee. The Commission will appoint its member at the next meeting. A hearing was held on Monday, April 5 regarding Liberty Lake's charges that the City of Spokane Valley didn't follow proper procedures for adoption of the 2003 Comp Plan Amendments. A second public hearing at the City Council level will be held on the seven Comp Plan Amendments in the near future. IX. COMMISSION BUSINESS A. OLD BUSINESS: There was no Old Business. B. NEW BUSINESS: Study Session on street vacation request #STV- 01 -04. Current Planning Manager, Kevin Snyder, presented an overview of the City's first street vacation application. File Number STV -01 -04 is a request by Kurt and Mandee Vigessa (Parcel No. 35243.1041) and Gene and Lana Balch (Parcel No. 35243.1014) to vacate a portion of the 15 Avenue public right - of-way abutting their parcels. Application was originally submitted to Spokane County in December 2002, and the applicants have been extremely patient during the transition of land action applications from the County to the City of Spokane Valley during the past year and a half. This presentation was intended to be the Commission's introduction to the application. A public hearing will be held at the May 13, 2004 Planning Commission meeting. Street vacation applications return public right-of-way property to the tax roles. City Ordinance #04 -002 states that abutting private property owners can be charged for the return of the land to private property. Cost of land is determined by the City on a case -by -case basis. Initially, one half of the property will go to each landowner. After the applicants purchase their share of the property, then they can privately decide how to divide it. If desired, a lot line adjustment can be filed. The Planning Commission will act as a recommending body to the City Council on street vacation matters. The Commission held a break from 7:23 to 7:37 p.m. 3 Public Hearing — Section 9.05 Uniform Development Code, Grading & Excavation. Tom Scholtens, City Building Official, provided a brief update on this draft ordinance for regulation of earth work in the City of Spokane Valley. A Grading Ordinance establishes the base line for the preparation of building sites, parking lots and earthen berms. It complements the City's Stormwater and Flood Plain Ordinances as well. The draft ordinance has been reviewed by the City's Senior Engineer, John Hohman, F.E., and was sent out to numerous public agencies for review and comment. Mr. Scholtens received a response from Mr. George Twiss (a copy was distributed to Commissioners at the meeting and is attached as part of the public record), Administrator for the Board of Registration for Professional Engineers and Land Surveyors for the State of Washington, suggesting some clarifications and changes to the proposed ordinance. Mr. Hohman has agreed that Mr. Twiss' recommendations be incorporated into the draft ordinance before City Council review. In addition, Mr. Scholtens wishes to add a septic tank elimination program as an exception to requiring a permit in Section 9.05.03, #7. Commissioner Gothmann suggested the following edits and changes: Section 9.05.03 Exempted Work, #3: Change the statement to read: do not exceed eliftil three foot in depth and are fully lined with an approved synthetic pond liner." Section 9.05.05 HAZARDS: Delete the typo at the end of item "a ". Section 9.05.06 DEFINITIONS: Change the definition of SLOPE to read: "SLOPE is an inclined ground surface the inclination of which is a ratio of herizental vertical distance to ¥ertieal horizontal distance, expressed as a percentage. The Commission discussed details of the proposed ordinance with Mr. Scholtens, but decided not to make further changes. There was no public comment on the proposed ordinance. Commissioner Kogle moved that the Planning Commission approve the proposed Grading & Excavation Ordinance as presented, inclusive of the additions and corrections proposed by Mr. Twiss, Mr. Scholtens and Mr. Gothmann, for recommendation to City Council Commissioner Blum seconded the motion. Motion passed unanimously. Discussion of Comprehensive Plan Natural Environment Chapter Draft. Long Range Planning Manager, Greg McCormick, presented an overview of the first draft of the City's Comp Plan Chapter 8: Natural Environment. Throughout the next several months, staff plans to bring the first draft of each Comp Plan chapter to the Planning Commission for review of the dominant issues in each element, and to identify important issues that may not yet be addressed. In August, staff will complete a working draft of the plan. Additional Comp Plan Community Meetings will be scheduled in August and September for feedback on the working draft. Then a hearing draft will be brought back to the Planning Commission and the final draft of the Comp Plan will be completed through the public hearing process. Ms. Sukup encouraged the Planning Commission to work with priorities at this stage. Mr. McCormick explained that the maps pertaining to this chapter are missing, and are presently being constructed by a part -time G.I.S. specialist for inclusion in the working draft. Some environmental issues the Commissioners wish to have the plan address: • Preservation of private forests and native trees in the Spokane Valley; • Logging of private land; • Keeping up with the latest environmental sciences; • The mention of specific geographic areas, e.g. Chester Creek; • Joining with contiguous areas to preserve the environment; • Mention of the gravel pit — possibly under the implementation strategy. Staff could include a special section that indicates its knowledge that the gravel pit is something the City will have to deal with within the scope of this plan. X. FOR THE GOOD OF THE ORDER Nothing was discussed. XT. ADJOURNMENT There being no further business, the meeting was adjourned at 9:10 p.m. SUBMITTED: APPROVED: Debi Alley, Administrative Assistant William H. Gothmann, Chairman Spokane County Library District Spokane Valley Library Services and District Support Report to the City of Spokane Valley April 2004 Note: This report was excerpted from the Aril 2004 report to the Spokane County Library District Board of Trustees with added information related to Spokane Valley. Except where otherwise indicated, information relates to the District as a whole. LIBRARY SERVICES Customer use measures Year to date in April, some library use measures continued to be down District -wide from the same period in 2003. The circulation is holding at a 4% drop, and is lower than last year at every branch except Cheney and Deer Park —and again in Outreach (which has a 14% increase). Online renewals via the Web are 98% higher. Interestingly, the door count is up 3 %, indicating that people are coming in to do something other than check out materials. Reference inquiries are still down ( -12 %), but the YTD decrease is lower than in was for March. Program attendance is up 11%, Internet bookings by 13 %. Other than self- checkout, which accounted for 36% of Valley circulation and more than 40% of North Spokane's, other self- service categories also remain strong: customer- placed holds and database searches and retrievals. Specific to the Spokane Valley as a whole, the drops are higher than the system average and increases are lower. A continuing factor that accounts for a large part of the Otis and a small part of the Valley decreases is the elimination of the City of Liberty Lake customer base. Another factor for Valley is that the combination of online holds place at home, customer self -pick up of holds at the front door, and self- checkout somewhat reduces the likelihood of browsing and "impulse" borrowing. The increase in adult programming at Valley along with larger storytirne attendance is reflected in the 8.2% program attendance number jump. Selected April 2004 Statistics Circulation Door count Reference Inquiries Program Attendance Internet Bookings YTD YTD to 2003 YTD YTD to 2003 YTD YTD to 2003 YTD YTD to 2003 YTD YTD to 2003 Total SCLD 622,563 - 3.7% 309,313 +31% 85,783 - 12% 15,567 + 10.6 60,802 + 13.1% Valley 177,802 - 9.6% 87,744 - 2.8% 28,467 - 13.4% 2,888 + 8.2% 20,427 + 9.8% Argonne 41,385 -11.3 % 27,056 - 5.5% 4,315 - 16.1% 625 -19.4 % 4,421 -1.1 % Otis 32,999 -18.4 % 15,358 - 20.1% 2,605 - 43.2% 618 -16.0% 2,736 - 7.6% Subtotal 252,186 -11.1 % 130,158 - 5.8% 35,387 -16.9% 4,131 -1.2% 27,584 + 6.0% SCLD 40.5% -- 42.1% -- 41.3% -- 26.5% --- 45.4% -- Spokane County Library District Spokane Valley Library Services and District Support Report to the City of Spokane Valley April 2004 Note: This report was excerpted from the Aril 2004 report to the Spokane County Library District Board of Trustees with added information related to Spokane Valley. Except where otherwise indicated, information relates to the District as a whole. LIBRARY SERVICES Customer use measures Year to date in April, some library use measures continued to be down District -wide from the same period in 2003. The circulation is holding at a 4% drop, and is lower than last year at every branch except Cheney and Deer Park —and again in Outreach (which has a 14% increase). Online renewals via the Web are 98% higher. Interestingly, the door count is up 3 %, indicating that people are coming in to do something other than check out materials. Reference inquiries are still down ( -12 %), but the YTD decrease is lower than in was for March. Program attendance is up 11%, Internet bookings by 13 %. Other than self- checkout, which accounted for 36% of Valley circulation and more than 40% of North Spokane's, other self- service categories also remain strong: customer- placed holds and database searches and retrievals. Specific to the Spokane Valley as a whole, the drops are higher than the system average and increases are lower. A continuing factor that accounts for a large part of the Otis and a small part of the Valley decreases is the elimination of the City of Liberty Lake customer base. Another factor for Valley is that the combination of online holds place at home, customer self -pick up of holds at the front door, and self- checkout somewhat reduces the likelihood of browsing and "impulse" borrowing. The increase in adult programming at Valley along with larger storytirne attendance is reflected in the 8.2% program attendance number jump. Selected April 2004 Statistics April Registered Customers by Branch of Registration At branches serving Spokane Valley residents... Regionally: Youth services staff in both regions were busy scheduling Summer Reading Program promotional talks following the April 12 mailing of letters to all elementary schools. During May and early June, staff will visit with virtually every elementary school student, either by classroom or in a larger assembly, to provide information on summer reading. Argonne (Judy Luck, branch supervisor): Ten people attended the Tea & Mysteries program, with the puppet show attracting 37 children and adults. The Beatles finally left the display case to make room for some of a staff member's extensive doll collection. A few new posters were hung and we've lost count of the number of people who have asked to buy the Orlando Bloom poster, which is across from the circulation desk. The magnetic poetry went up on the white board in the teen area and it's interesting to see what's put together. Judy's favorite so far is "so one night you laugh and funky dance with sweet innocence." Just about says it all. The framed artwork in the picture book area is from Pasadena Park Elementary's art enrichment class. Finally, Judy was happy to return to work after an extended medical leave. Otis Orchards (Bev Bergstrom, branch supervisor): There's new artwork in the children's area commemorating 100 Years of Flight. A poetry book display complemented our authorship /Get Lit display. The puppet show was moderately attended and the Tea and Mystery special had zero attendees. Valley (Ellen Miller, regional manager): Youth services librarian Cindy Benson gets the prize for the largest storytime group in recent memory -78 preschoolers. The kids enjoyed guest appearances by Vinnie and Bailey (2 of the Reading Rover dogs) at a storytime prior to the very successful Reading Rovers program later in the month. The children's area was painted (blue, red, and yellow) and green wall covering was installed; as people turn coming into the library it's very obvious that something different is in the children's area. We have also increased the space for community bulletin board postings by adding more of the green tackable surface to the entry area wall where the drinking fountain is located, which catches people's attention as they enter the building. Local Valley area artists brought in 22 oil and water color paintings for display, a big hit with both the customers and the staff. The most frequent comment is that it makes the building seem so much "warmer." Staff marketed both the Tea & Mystery program & the Writing Workshop well, with positive results in the attendance figures. Self - checkout continues to be popular with 36% of the checkouts taking place there during April. Outreach (Doug Stumbough, Outreach coordinator): Rose Pointe Assisted Living has contacted us and requested service beginning in May. Spring break brought about a few childcare storytime cancellations early in the month. Several childcares change their schedule during the summer or Total % of SCLD % Adult % Youth Total SCLD 108,995 — 71% 29% Valley 37,554 34.5% 75% 25% Argonne 10,131 9.3% 74% 26% Otis 6,339 5.8% 64% 36% Subtotal 54,024 49.6 % -- — April Registered Customers by Branch of Registration At branches serving Spokane Valley residents... Regionally: Youth services staff in both regions were busy scheduling Summer Reading Program promotional talks following the April 12 mailing of letters to all elementary schools. During May and early June, staff will visit with virtually every elementary school student, either by classroom or in a larger assembly, to provide information on summer reading. Argonne (Judy Luck, branch supervisor): Ten people attended the Tea & Mysteries program, with the puppet show attracting 37 children and adults. The Beatles finally left the display case to make room for some of a staff member's extensive doll collection. A few new posters were hung and we've lost count of the number of people who have asked to buy the Orlando Bloom poster, which is across from the circulation desk. The magnetic poetry went up on the white board in the teen area and it's interesting to see what's put together. Judy's favorite so far is "so one night you laugh and funky dance with sweet innocence." Just about says it all. The framed artwork in the picture book area is from Pasadena Park Elementary's art enrichment class. Finally, Judy was happy to return to work after an extended medical leave. Otis Orchards (Bev Bergstrom, branch supervisor): There's new artwork in the children's area commemorating 100 Years of Flight. A poetry book display complemented our authorship /Get Lit display. The puppet show was moderately attended and the Tea and Mystery special had zero attendees. Valley (Ellen Miller, regional manager): Youth services librarian Cindy Benson gets the prize for the largest storytime group in recent memory -78 preschoolers. The kids enjoyed guest appearances by Vinnie and Bailey (2 of the Reading Rover dogs) at a storytime prior to the very successful Reading Rovers program later in the month. The children's area was painted (blue, red, and yellow) and green wall covering was installed; as people turn coming into the library it's very obvious that something different is in the children's area. We have also increased the space for community bulletin board postings by adding more of the green tackable surface to the entry area wall where the drinking fountain is located, which catches people's attention as they enter the building. Local Valley area artists brought in 22 oil and water color paintings for display, a big hit with both the customers and the staff. The most frequent comment is that it makes the building seem so much "warmer." Staff marketed both the Tea & Mystery program & the Writing Workshop well, with positive results in the attendance figures. Self - checkout continues to be popular with 36% of the checkouts taking place there during April. Outreach (Doug Stumbough, Outreach coordinator): Rose Pointe Assisted Living has contacted us and requested service beginning in May. Spring break brought about a few childcare storytime cancellations early in the month. Several childcares change their schedule during the summer or won't be running at all, so staff are checking with each facility. We've had to more than triple the amount of our visit time i.n the past three months at Sullivan Park Care, a nursing center here in the Valley. This is a direct result of the involvement /interest of the facility staff and their willingness to inform residents about our service. We don't know if the quote this month is a cornment on how good or how futile our reader's advisory is: "Whatever you plop down here, I'll read." Friends of the Library In Deer Park, the Friends decided to provide funding for a second chair- and- a -hal.f for the children's area through a memorial fund for Elizabeth (Betty) Coles, former branch supervisor. They are planning a clearance book sale to eliminate the large inventory that has been acquired over the years. More people than ever before attended the April Moran Prairie Friends. Regional manager Ellen Miller and Mike Wirt provided information about the building project and board chair Frank Payne brought board of trustees' thanks to the group. There was also discussion about the upcoming book sale and the group agreed to once again help underwrite Spokane Is Reading. Frank Payne attended the Otis Orchards Friends to thank the one member (of their two) who was there. She enjoyed her visit with him and thought it a nice gesture. The Fairfield Friends met to discuss plans for Flag Day and have decided to make book journals as the prize for answering the question on the Flag Day bookmarks. A few of the young customers will be marching in the parade with the library. There'll be another meeting in May to make the journals. The Friends of the North Spokane Library held its most successful book sale ever, raising over $2,500. At their later meeting (attended by trustees Ann Apperson, Davi.d Sani, and Jake Laete to thank the Friends for all that they do), the Friends decided to devote the majority of their treasury to support the redecorating & refurnishing of the library's children's area. Frank Payne and Mike also passed on the District's appreciation to the Airway Heights Friends. COLLECTION SERVICES Library materials ■ We ordered 1,918 titles and 7,439 copies in April, for a YTD total of 5,763 titles and 18,985 copies ordered. This was the largest number of titles and copy orders for the year. We are seeing very quick turnarounds from Ingram; 26 hours is no longer unusual. As a result the department's shelves are beginning to fill up. • We processed and sent to branches 5,108 items and are 42.5% ahead of last year at this time. • Deletions continue to exceed additions to the collection. • Expenditures are exactly on target for the year. • Staff began a project to segregate teen Graphic Novels from teen fiction. • Youth services coordinator Thom Barthelmess worked on a high- circulation picture book clean- up project by discarding and ordering replacements. Programming • Identity Theft programs were very successful at Valley and Deer Park; however, no one attended the program at Airway Heights. • Aspiring Writers workshops by Molly Cook were very successful at all locations: Deer Park, Cheney, North Spokane, and Valley. ■ SCLD and Spokane Public library youth services coordinators Thorn Barthelmess and Viki Ash - Geisler continued to work on Summer Reading, with progress on www.summerreadingspokane.org, printing, and programs. Miscellaneous • Interlibrary loan clerk Barb Berreman joined the department, thus bringing ILL into collection services. • Technical services coordinator David Girshick attended the SIRSI Users Conference and returned with a great deal of helpful information. ADMINISTRATION Moran Prairie project: Design At the first library design meeting with the ALSC team, we reviewed potential changes to the building program based on initial thoughts regarding the "library of the future" concept in preparation for the visit to two Richmond (B.C.) Public Library branches. The ALSC team, with Trustees David Sani and Frank Payne, project manager Ellen Miller, and regional manager Linda Dunham made the very informative trip. After the trip the project committee met to discuss what was learned there and decided what to integrate into the library building program, which Ellen then updated. The Moran Prairie Grange hall has been reserved for the public informational /input meetings to be held in June, August, and November. Moran Prairie project: Bond sale Work on documents required for the bond sale — the Preliminary Official Statement for the bond market and the bond sale resolution for the MPLCFA board — progressed on schedule. The decision was made to seek a rating for the bonds from Moody's and to purchase bond insurance to assure the most competitive interest rate. The MPLCFA board (county commissioners) will be approving the resolution on May 18. The bond pricing will take place the day before. Local authors As it becomes easier and easier to self - publish, more and more local authors are doing just that. There's often an expectation on their part that their local library will purchase their book just because they live in the area — or that we'll at least accept one or more copies as gifts. Because we (and Spokane Public Library) follow the same collection development guidelines for local authors and gifts as for materials that we purchase, that isn't always the case. More than one author has been unhappy about this. To help authors better understand library purchasing policies, we now have a one -page handout, "Marketing Your Work to Spokane County Library District," which explains how we select materials and what information should be provided with a book that's being promoted for purchase. It is available in branches —often the first point of contact —and on our Web site. GOVERNMENT RELATIONS City of Spokane Valley: Library capital facilities planning Strategic Research Associates completed the calling for the District's telephone survey in early April and finished the written report by the end of the month. Immediately prior to our survey, another research firm had done a survey for the City related to its comprehensive planning process that included one question about library services. In that survey, library services were rated as excellent by 22%, very good by 23 %, good by 38%, fair by 13% and poor by 4 %. A summary of the SCLD report was presented to the advisory committee at its April 29 meeting. The full report is around 140 pages. Overall, there were no big surprises. As a matter of fact, the results confirmed a number of conclusions we reached in our strategic planning process and we've already begun to take steps toward improving in several problem areas. The number of people who didn't know about specific services points out the need for better public information, which is also being addressed. The two branches that were used by residents of Spokane Valley were Valley Library and Argonne Library. There was overwhelming satisfaction with the service level and a high degree of loyalty was perceived in the responses that were given. Plans were also made for the public input open house scheduled for May 27 at Valley Library. Apart from the survey, we've received a preliminary run of geo -coded library card holder information from the County GIS department in the form of maps that show the residence of all District cardholders and also population density. They were able to plot about 91% of the file of about 110,000 records. We'll be supplying some additional data, including street addresses for customers having post office boxes, to up the percentage and also City of Liberty Lake addresses that need to be deleted, and updated maps will be produced. Besides being helpful for Spokane Valley facilities planning, this graphic representation of cardholder residences will be useful in identifying underserved areas throughout the District. City of Spokane Valley: Future library services Work by City staff on future library service options was sidelined by the issues regarding fire district annexations. However, at the end of the month staff requested a variety of information regarding Valley Library that we'll be supplying by mid -May. Liberty Lake The Liberty Lake city council approved payment of the remainder of the second half 2003 contract fee less an amount equal to their August through December facility rent, which was accepted by the SCLD board as payment in full for the year. As of mid-April the count for Liberty Lake resident library cards was 141, which probably means 90 -100 actual non - resident fee payments since payments are made per household, not per card. COMMUNITY RELATIONS Three staff "manned" the SCLD display at the quarterly regional chamber of commerce Technology After .Hours event at the Davenport Hotel. Using a laptop computer, we were able to show attendees our web site, online databases, and catalog features. Our booth was beside Spokane Public Library's, and we had a joint informational handout. Mike Wirt attended Spokane Valley Cha_rnber of Commerce public policy and local governance committee meetings. At the public policy meeting, Commissioner Kate McCaslin gave a presentation on regional services provided by county government; Spokane Valley Mayor Mike DeVleming presented the state of the city address at the local governance meeting. Mike also attended Moran Prairie, Deer Park, and Airway Heights Friends of the Library meetings. COMMUNICATIONS (BETH GILLESI'IE, COMMUNICATION'S SPECIALIST) • Publicity materials were prepared for several programs: Reading Rovers, Tea & Mysteries, writers' workshops, Local Artists on Display, Spokane Is Reading, Master Gardeners, Art of Bonsai, and Reading for Fine Forgiveness. • Other activities included coordination of summer reading publicity plans with Spokane Public Library; preparation and distribution of information packets for various city halls; and coordination of the "Campaign for America's Libraries" PSA to run on KXLY -TV throughout May. • As part of SCLD's support of the Spokane Is Reading program, Beth prepared and distributed the book selection press release; prepared the author biography for the Web site; and coordinated work on an "additional reading" list. • The 2003 annual report was completed for final review prior to production. HUMAN RESOURCES (PAUL EICHENBERG, HR MANAGER) • Classification and compensation consultant Fred Owen spent several days providing staff orientations to the study goals and process, as well interviewing staff in a number of "benchmark" positions. • Paul, along with Debbie Rhodes, attended training in Seattle for the Abra HR module. • The position description review and reformatting project continued. • A significantly restructured Web support position was finalized and advertised. ■ During Volunteer Week, SCLD volunteers were honored. Those that had worked more that 100 hours in 2003 received a bag that included a mug, a variety of tea bags, cookies, biscotti, and chocolate, along with a card and a pin. INFORMATION TECHNOLOGY (PRISCILLA ICE, IT MANAGER) ■ Remaining clean -up work from the March network problem was completed over the first few days of April. Power settings were reset on many staff computers to enable them to receive network policies properly at log in. • The vacant web specialist position was redesigned and advertised by the end of the month. • In the PC area, computer specialist Jim Pflepsen completed configuration of the microform computer at Valley; upgraded MicroBiz at the Business Office and resolved errors; reinstalled Abra for Business Office and HR users; and promoted the Adrni.n server to a domain controller to help speed up logons. • • System administrator Tony LaSoya completed the item, bill and user purge we wanted to do last December; attended the SIRSI SuperConference and came back with a lot of new contacts and ideas; upgraded the Unicorn test server to U2003.1 so that testing can begin; installed another version of iBistro to the Intranet server for test purposes; and extracted new GIS data for Spokane Valley in preparation for contact with the county GIS person in early May. • IT operations assistant Teresa Nelson set up new cordless phones for North Spokane and Valley; continued to streamline the monthly statistics gathering and posting; and continued to educate herself on e-rate filings. • IT manager Priscilla Ice visited most Region I libraries with Linda Dunham to look at self - checkout possibilities and met with Linda and Ellen to plan expanding it to more branches; talked with two more telecom vendors and worked with Qwest to get some action on the Fairfield line charges and other outstanding issues; spent four days at the SIRSI User Group conference, which was very productive in terms of networking and seeing new software products. ( Th • The local vendor was finalizing the initialization of the Abra Payroll & H/R suite. Business Office staff will train on the payroll module in mid -June. • Bill completed a feasibility study of accepting credit and debit cards for fines, charges and other payments. Due to the associated costs, it was decided to defer any action at this time. • 2003 financial statements were completed as required by the State Auditors Office (SAO) and mailed on April 30th. (Note: The reports are required to be forwarded annually, no later than June 15t.) • Valley children's area painting was completed and carpet installation scheduled for the first weekend in May. FINANCE, PURCHASING, FACILITIES (BILL SARGENT, BUSINESS MANAGER) CD s�ii ■• Va11ey Memorandum To: David Mercier, City Manager, and Members of Council From: Nina Regor, Deputy City Manager Date: May 25, 2004 Re: Monthly Report — Summary of May 2004 Activities 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 • cityhall @spokanevalley.org Contract Negotiation and Administration • Library Services. An open house is scheduled at the Valley Branch on May 27 from 2 — 7 p.m. The purpose is to seek general community input about facility options. • Fire Services. On May 17, the Boundary Review Board (BRB) held a hearing on the annexation of the City to Fire Districts One and Eight. The five - member board unanimously directed BRB staff to craft a resolution for their approval. The proposal includes a compromise boundary change between the two Districts in the Morningside area, where district boundaries cut through the middle of several properties. The next BRB meeting is scheduled for June 14. if the resolution is passed at that meeting, there is a 30 day appeal period. It should be noted that any appeal would be extremely difficult to prove, since nobody gained standing at the hearing by arguing against the proposition. In mid-June, the Spokane Valley City Council and the Boards of Fire Districts One and Eight will consider resolutions or motions, as appropriate, forwarding the request for election to the Spokane County Board of Cornrnissioners. That item is scheduled on Council's June 22 meeting. • Animal Control. The Regional Animal Control task force was tentatively scheduled to hold its third meeting on May 6. However, that meeting was postponed because the City of Spokane and Spokane County are still gathering necessary financial information about their respective operations. The meeting has not yet been rescheduled. Operations • Employee Recruitment. Carolyn George has accepted the Administrative Assistant — Public Works position, and is expected to begin work on May 24. In addition, we are in the process of filling several Recreation Assistant seasonal positions for the summer recreation program, as well as a Student Engineer to help out the Development Engineering division during the summer months. • Web Site. We've modified the home page to draw immediate attention to the current news /announcements. They are now at the top of the .page. in the center. The new web site has proven to be very popular. There were 12,143 unique user sessions to the City's web site during the month of April. By far the most popular web page accessed was the Deputy City Manager Monthly Report — May 2004, continued May 25, 2004 Page 2 of 2 City's employment page (after the home page), with over 1,500 hits. The Recreation page, Department pages, and GIS /Maps page were also popular. The top "referrers," i.e., the web sites which people used most frequently to get to our site, were MRSC (Municipal Research and Services Center), Spokane Valley Chamber of Commerce Spokane Valley Online, and WorkSource Spokane. • Other Human Resources Lssues. Gonzaga Law School requires its students to complete at least 30 hours of community service. Several volunteers have expressed interest in working on various City projects. In Human Resources, we have two volunteers who have begun working with us. Juliet Schey will be reviewing an initial draft of human resources policies and procedures, to ensure they comply with applicable local, state and federal laws. Daniel Comeau will be helping us develop a training program for employees. I-Ie will be focusing on legally prudent training topics, such as workplace harassment and elections law. As time allows, he will broaden his efforts to include other types of citywide training. s�i Valley Memorandum To: Dave Mercier, City Manager From: Ken Thompson, Finance Director CC: Nina Regor, Deputy City Manager Date: May 12, 2004 Re: Monthly Report 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org During late April and early May, Finance employees worked on the following projects: Business registration Microflex has entered 2800= businesses into the business registration database. Additional mailings and/or telephone calls will be needed to obtain information on businesses that we believe are operating within our city limits but don't appear in our business registration database. A decision will be made later this year on using the State Department of Licensing (DOL), Microflex or handling renewals in- house. Use of DOL would be convenient for 20 -25% of our businesses as their city registration could be renewed simultaneously when they renew their state license. Budget variance report Reports showing a comparison of fund revenues and expenditures to our 2004 amended budget at April 30, 2004, are attached. Overall, revenues and expenditures are in line with our projections. A report summarizing our investment transactions each month has been included as an attachment. State law requires that we periodically report investment information to the Council. Expect to see this report monthly. Plannine session (retreat) in late June Information is being gathered for the retreat. We expect to talk about operating revenues and expenditures in the General and Street Funds, and the need for capita] project financing. Departments will update the council on the status of their work plans. 2005 budget process Based on the 2005 budget calendar adopted by the City Council last month, staff is preparing documents to begin the budget process. The calendar anticipates budget adoption in early November this year, about 30 days ahead of our process in 2003. Departments have been asked to hold the line on expenditures to enable the city to retire debt created in 2003 to pay startup costs. The proposed initiative to reduce property taxes, if passed, would reduce city tax receipts by $2.3 million in 2005. Quarte gambling t ax returns A review of these reports indicates most businesses are following the county's procedures and calculations when they file their returns. The city's ordinance reduced the amount of the gambling tax but changed the method of calculation and may have inadvertently increased the tax. We plan to identify the issues and visit with the council to explore alternatives. Yearend financial report for 2003 Preparation of the annual financial report is underway. This document will eventually be reviewed by bond rating agencies, financial underwriters and our bond buyers. This is also the document that will be audited by the state to ensure financial accuracy. We budgeted $30,000 in the 2004 budget to pay for the audit planned for later this year. Based on preliminary discussions with 'the auditor, the actual cost may be considerably more. Maintaining the sales tax database of retailers Microflex has assisted the city in creating a database of 3,654 retail outlets that report sales within our city limits. This database changes daily (new businesses, businesses closing/relocating) and requires weekly or monthly follow -up. Retail outlets may report correctly with the Spokane Valley code one month, but may not report, or may report incorrectly the next month. Microflex, Spokane County, the Washington State Department of Revenue, a Gonzaga Law School volunteer and city staff have all assisted in maintaining this database thus far. We may need to devote a portion of one person's time, on an ongoing basis, to this task. General Fund Revenues: Property Tax Sales Tax Gambling Tax Leasehold Excise Tax Franchise Fees State Shared Revenues Planning & Building Fees Fines and Forfeitures Recreation Program Fees Investment Interest Operating Transfers General Fund Expenditures: Legislative Branch Executive & Legislative Support Public Safety Operations & Administrative Svcs Public Works Planning & Community Dev. Library Services Parks & Recreation General Government 5/17/2004 1:52 PM City of Spokane Valley General Fund Budget Variance Report For the Period January 1 - April 30, 2004 Amended Bud. April YTD 2004 Revenues Revenues $ 9,265,809 11, 920,000 690,000 5,000 640,000 882,816 939,000 400,000 229,000 18,000 122,500 $ 25,112,125 Amended Bud. April 2004 Expenditures $ 215,372 438,482 14,093,990 917,605 631,079 1,544,519 2,053,250 1,709,780 3,450,578 $ 25,054,655 $ 273,581 982,440 220,749 748 153,620 128,755 159,921 125,071 10,715 2,368 $ 2,057,967 $ 9,545 25,562 1,272,977 59,254 44,544 98,452 51,568 105,278 $ 1,667,180 S 423,441 $ 8,842,368 3,276,716 8,643,284 222,961 467,039 2,546 2,454 153,620 486,380 261,513 621,303 552,934 386,066 307,709 92,291 22,842 206,158 5,642 12,358 122,500 S 5,229,924 $ 19,882,201 20.83% YTD Unrealized Percent Expenditures Expenditures Realized $ 91,792 111,074 4,659,011 251,195 183,002 384,618 330,754 457,910 $ 6,469,356 $ Unrealized Percent Revenue Realized 123,580 327,408 9,434,979 666,410 448,077 1,159,901 2,053,250 1,379,026 2,992,668 18, 585,299 Note: 1. Property taxes are due in two equal installments on April 30 and October 31. The majority of revenues from property taxes is received on May 10 and November 10. 2. Gambling taxes and franchise fees are due quarterly with the first quarter due April 30. 3. State shared revenues (liquor tax) are received quarterly on succeeding months. If revenues and expenditures were distributed evenly by month, throughout the year, the percent realized column would show 33% at April 30th. This does not normally happen because some revenues and expenditures are seasonal in nature. 4.57% 1 27.49 32.31 2 50.92 24.00 2 29.62 3 58.89 76.93 4 9.97 5 31.34 42.62% 25.33 33.06 27.38 29.00 24.90 19.34 5 13.27 25.82% 4 Over half this revenue will be paid to the state 5 A more conservative approach to expanding rec. programs will result in less revenue than anticipated. However, fewer programs will result in less expense as well. 5/17/2004 1:52 PM City of Spokane Valley General Fund Budget Variance Report For the Period January 1 - April 30, 2004 511712004 1.52 PM City of Spokane Valley Other Funds Budget Variance Report For the Period January 1 - April 30, 2004 Amended Bud, April YTD Unrealized Percent 2004 Revenues Revenues Revenue Realized Other Funds Revenues: Street Fund $ 2,062,200 $ 101,675 $ 376,975 $ 1,685,225 18.28% Arterial Street Fund 542,000 35,361 118,235 423,765 21.81 Trails and Paths 12,800 - 12.800 - Hotel/Motel Fund 380,000 18,285 53,875 326,125 14.18 Debt Service - LTGO 03 800,000 - - 800,000 Capital Projects Fund 840,000 98,115 201,376 638,624 23.97 Special Capital Projects Fund 840,000 97,881 200,726 639,274 23.90 Street Capital Projects 3,230,000 - 200,000 3,030,000 6.19 Mirabeau Point Project - 5,254 324,374 (324,374) Street Bond Capital Projects - 1,671 9,102 (9,102) CD Block Grant Fund 504,000 - 504,000 Capital Grants Fund 837,000 837,000 - Barker Bridge Reconstruction 702,000 - 702,000 - Stormwater Mgmt Fund 747,500 35,081 49,094 698,406 6.57 Equip. Rental & Replacement 131,634 5 20 131,614 0.02 Risk Management 137,500 130,000 7,500 94.55 $ 11,766,634 $ 393,328 $ 1,663,777 $ 10,102,857 14.14% Amended Bud. April YTD Unrealized Percent 2004 Expenditures Expenditures Expenditures Realized Other Funds Expenditures: Street Fund $ 3,773,184 $ 234,962 5 812,820 $ 2,960,364 21.54% Arterial Street Fund 600,000 - 600,000 Hotel/Motel Fund 475,000 55,996 193,183 281,817 40.67 Debt Service LTGO 03 800,000 - 800,000 Capital Projects Fund 180.000 - 180,000 - Special Capital Projects Fund 300,000 - 200,000 100,000 66.67 Street Capital Projects 3,219,700 13,327 62,184 3,157,516 1.93 Mirabeau Point Project 9,500,000 77,021 121,208 9,378,792 1.28 Street Bond Capital Projects 2,430,000 - 213 2,429,787 0.01 CD Block Grant Fund 504,000 504,000 - Capital Grants Fund 837,000 837,000 Barker Bridge Reconstruction 702,000 702,000 Sewer Fund 238,608 - 195,998 42,610 - Stormwater Mgmt Fund 518,700 4,244 8,154 510,546 1.57 Equip. Rental & Replacemnt 43,600 17,396 27,824 15,776 63,82 Risk Management 137,500 - 111,066 26,434 $ 24,259,292 $ 402,946 5 1,732,650 $ 22,526,642 7.14% `Donations and County budgeted revenues were erroneously omitted from these estimates. This will result in additional budget revenues of 52.8 million which were included in the 2003 City budget 5/17/2004 1:46 PM dec City of Spokane Valley Investment Report For the Month Ending April 30, 2004 LGIP * F &M MM Investments Beginning $ 9,437,646.06 $ 4,531,894.79 $ 13,969,540.85 Deposits 1,314,608.05 1,314,608.05 Withdrawls (1,200,000.00) (1,200,000.00) Interest 7,122.61 2,381.74 9,504.35 Ending $ 9,559,376.72 $ 4,534,276.53 $ 14,093,653.25 Balances by Fund General Fund $ 1,234,833.80 Street Fund 1,102,757.56 Arterial Street 404,571.85 Hotel/Motel 138,226.82 Capital Projects 647,428.77 Spec. Capital Proj. 431,779.28 Mirabeau Point Proj. 7,135,254.62 Street Bond Proj. 2,451,105.23 Stormwater Mgmt. 541,962.86 Equipment Rental 23.46 Risk Management 5,709.00 $ 14,093,653.25 `Local Government Investment Pool CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT MONTHLY REPORT FOR APRIL 2004 LONG RANGE PLANNING DIVISION: Page 1 of 6 During the month of April, the Long Range Planning Division met once with the Planning Commission at a regular meeting on April 8 At that meeting the Commission conducted a public hearing on Section 9.05, Grading & Excavation of the Uniform Development Code. The Commission also reviewed a preliminary draft of Chapter 8 — Natural Environment of the City's Comprehensive Plan, Spokane Valley — 2025. Finally, the Commission reviewed the first street vacation request ( #STV- 01 -04) to come before the Commission under a newly adopted process. In lieu of the Commission's regularly scheduled meeting on April 22 the Long Range Planning Division conducted the second community workshop on the City's Comprehensive Plan. The workshop was held on April 21 at Pratt Elementary School in the Edgecliff area of the City. The meeting was attended by approximately 40 citizens. Staff had several displays available for the public to view at the "Open House" portion of the workshop that began at 6:30 p.m. The formal workshop began at 7:00 p.m., during which time City staff presented an overview of the planning requirements for the City. This presentation was followed by small group exercises during which members were asked to write down the top three City -wide issues and top three neighborhood issues they would address if they were "Mayor for a Day ". The small groups then presented their results to the larger group. As was the initial workshop held in March, this workshop was well received and produced high quality input from the community for the Comprehensive Plan. Additional community workshops are scheduled in May and June. The community survey consultant group completed its work and provided a final report to the City. The results and final report will be provided to the City Council at a study session in early May. CURRENT PLANNING DIVISION: The Current Planning Division opened 45 application files in April. In addition, 20 decisions for various land use actions were issued and 16 licenses /permits were sold. In order to make the chart easier to follow, activity has been consolidated into two categories: License /Permits (adult entertainment, sign review permits); and Land Actions (binding site plans, rezones, subdivisions, short plats, boundary line adjustments, street vacations, site plan reviews and SEPA reviews). 2004 MONTHLY CURRENT PLANNING ACTIVITY BY CATEGORY 100 % -' 50%- Jan Feb I hoar • Land Actions 21 11 1 12 Licenses!I rrrits " 71 - 1 . 9 118 1 Apr 21 15 May Jun Jul Aug Sep Oct Nov Dec A comparison of new application/permit/license activity through the month of April to the annual projection for each of these is shown below: Site Ran Review Sign Permit Review Boundary Line Adjustments SEPA Review Short Rat Subdivision Rezone Home Rofession Binding Site Ran n Adult Entertainment License Ima City of Spokane Valley Department of Community Development Monthly Report for April 2004 2004 CURRENT PLANNING ACTIVITY ANNUAL COMPARISON 0 20 40 60 80 100 120 140 160 1 a 2004 Roiectgons • Activity to Date J Page 2 of 6 C ) City of Spokane Valley Department of Community Development Monthly Report for April 2004 Monthly revenue for the Current Planning Division totaled $16,325 in April. The Division's total income for 2004 equals $72,742. $30,000 $20,000 $10,000 $0 2004 CURRENT PLANNING REVENUE d m • w - • c c c m ° 0 co 0 ▪ CD In April 2004, the Current Planning Division continued to experience a busy workload similar to previous months. The Division processed a high number of development applications, met with current clients on key project issues, and met with potential new clients to answer development questions and explain City regulations and policies. Each staff person also responded in a timely manner to an on -going steady volume of phone calls. At the Planning Counter, staff served 344 customers and returned or answered 369 phone calls. A major accomplishment for the Division in April was the completion of the filing room reorganization by Heather Kauer, Planning Technician, and Mike Turbak, Planning Intern. Page 3 of 6 BUILDING DIVISION: The Building Division issued 272 permits in April. Eighteen new single - family dwellings and five duplexes were permitted. In addition, eight new commercial buildings were permitted. 300 200 100 0 v m Cr $150,000.00 $125,000.00 8100,000.00 $75.000.00 $50,000.00 525,000.00 $0.00 City of Spokane Valley Department of Community Development Monthly Report for April 2004 0I d 2004 BUILDING PERMITS SOLD co m c D c Cet • Commercial Permits o Residential Permits 1 2004 BUILDING REVENUE w c Page 4 of 6 CA c c CD .t i0 v 0 0 0 Z 0 The Building Division brought in $95,087.37 in License and Permit fees and $41,544.78 in Pla' Review fees during the month of April. Total Building Division income for 2004 equals $403,638.33. 0 O CD 0 O m 1 2004 BUILDING INSPECTIONS 1000 800 Sao 400 200 0 - — I j c_ -n D z- ` '— Y 0) 0 Z 0 m City of Spokane Valley Department of Community Development Monthly Report for April 2004 In 22 business days we performed 892 inspections. This averages out to over 40 inspections per day. On -Call Inspector, Frank Calasopa, performed 68 inspections. This inspection activity exceeds our target activity level of 12 inspections per inspector per day. Permits were issued for a new commercial banking facility on N. Sullivan, .a two -story office building at Mullan Center II, three new buildings at the Regency Center at Sullivan and Broadway, and for CenterPlace Community Center. The City's plan review remains very active. We are currently working on a multifamily residential permit for over 100 units as well as other commercial construction projects. The Building Official attended the Washington Association of Building Officials (WABO) spring meeting in Leavenworth, April 15 -16. Inspector Myre, Plans Examiner Taylor and Permit Specialist Cummings attended a one -half day training covering the 2003 International Residential Code on April 22. The training was co- sponsored by the BIAW and WABO, the Building Official participated at the request of WABO, joining the City of Spokane Building Official and a representative of Spokane County to help with the program. Page 5 of 6 1000 100 10 70 % -/ 60% - !' 50% 30% •f 20%-� 10% 0% Jan Solid Waste O Junk Auto IN Property El Environmental 9 City of Spokane Valley Department of Community Development Monthly Report for April 2004 CODE ENFORCEMENT: Our new Code Enforcement Officer, Kelly Sammeli, joined the staff on April 12 The City purchased a used Jeep Cherokee to supplement our City fleet and to expand Code Enforcement efforts in the community. The number of "Violations Reported" on the chart below reflects actual Spokane Valley Zoning Code violations. Complaints received, serviced and abated — ranging from dead animals in the Right of Way to nuisance parking — are not reflected. CODE ENFORCEMENT STATUS p Violations Reported ❑C Abatements ❑ Fie Transfers O Pending Files The chart below provides a monthly comparison of the types of Spokane Valley Code violations reported. In order to make the chart easier to follow, activity has been consolidated into the following four categories: Environmental (sewer /septic, critical areas, animal and nuisance violations); Property (Right of Way, property use, dangerous building, landlord /tenant, illegal business and signage violations); Junk Auto; and Solid Waste (solid waste, illegal dumping, and household waste violations). 2004 CODE VIOLATIONS REPORTED (BY TYPE) 10096--1 00 % - i 9096 •1 80%. Feb Feb I Pfiir Apr 13 6 r_ m May Page 6 of 6 Juno July 1 Aug 10 10 0 Sept Oct v Due Agreements for Services Adopted and in Operation: • Street O &M County Maintenance • Street O &M WSDOT • Engineering County Engineer • Storm Water County Utilities • Solid Waste -- Regional Solid Waste PUBLIC WORKS DEPARTMENT MONTHLY REPORT April 2004 Agreements in Progress: • STEP Sewer Program & Wastewater Treatment — Waiting for County comments on wastewater interlocal agreement. Capital Projects: • Coordinated with Spokane County on engineering services contract. • Met with Developer Partners on Pines /Mansfield project Mitigation Agreements. • Held CenterPlace pre - construction conference with Architect and Contractor. Coordinated with Owner, Architect, and Contractor on the construction phase of CenterPlace. • Continued coordination meetings with Spokane County staff on the design of four sanitary sewer projects (Veradale, Weatherwood /Owens, Sipple, Carnahan) and two road projects (16 Avenue — Project 2, Park Road) • Continued traffic modeling work with SRTC on Sprague /Appleway couplet alternatives. Presented • Couplet Option 2 details to Council to consider deleting option. Coordinated with Spokane County on the construction of Evergreen Road. • Continued work on revisions to the Six Year TIP. • Continued work with the Bridging the Valley Steering Committee. • Contracted with LandTek for topographic survey for Bowdish /24 Ave. Sidewalk project. Maintenance Activity: • Estimated cost from the County for 2004 is $3,113,268. • City budget for $2,420,120 for street maintenance in 2004. • Through the end of March the County has billed $628,629 or 26% of available funds. • We have not received an April bill as of this date. • Major items completed this year in 2004 are: o Shoulder repair- $10,980 o Pothole patching- $69,722 o Repair of Gravel Roads- $18,636 o Liquid Deicing- $67,947 o Sanding- $75,327 o Snow Removal- $86,498 o Sweeping- $76,389 o Brush/Tree Clearing- $6,053 o Storm water repair- $7,952 o Traffic signs /signal- $80,417 Land Development • Applications Reviewed /Conditions Prepared (Including Comm. Pre -App): Commercial Projects — 11/27 *, Residential Projects — 13/23* • Road and Drainage Plan Review: Commercial — 2/6 *, Residential — 4/9* • Hearings Held: Commercial — 0, Residential — 3/5* • • Construction Walk - Throughs: Commercial — 0, Residential — 0l* Rezone Applications: Commercial — 0, Residential — 1/6* • Street Vacation: Commercial — 0, Residential — 2/2* *(current month totals/annual totals) • Sj�i Mi11ey 2004 PROPOSED PROJECTS Road Construction Projects Evergreen Road Sullivan Road & 4th Ave. Signal Park Road - Project 2 16th Avenue - Project 2 24th Avenue Sidewalk Project Pines/Mansfield Sewer Projects Carnahan Weatherwood /Owens Sipple Veradale South Green Acres - Phase 1 Burns Road Miscellaneous Projects Miscellaneous Valley Couplet Road Replacement Projects Consultant Contract Centerplace at Mirabeau Point Construction in Progress Stormwater Drainage Projects Statewide Transportation Plan (STIP) Transportation Improvement Board (TIB) Brill ' - iaplacement Advisory Committee (BRAC) 2004 C). ,o.uction Projects (MR) -April Project Location 16th Ave. to 2nd Ave. Sullivan & 4th 8th Ave. to 2nd Ave. Dishman -Mica to SR 27 Bowdish to Pines Wilbur Rd. to Pines Rd., Pines to 190 Road Design Projects Barker Road Reconstruction Boone to Barker Rd. Bridge Barker Road Bridge Replacement Barker Rd. at Spokane River Capital Improvement Projects 1 -90 to 8th, Havanna to Eastern McDonald to Mamer, Mission to Mallon Vercler to Mamer, 1 -90 to Boone Dalton to Rutter, Bradley to Vista Calvin to Sommer, Springfield to Main Indiana to Mission & Flora to Long Rd. Completion Date 7/15/04 9/1/04 10/1/04 11/1/04 9/1/04 10/1105 10/15/05 12/1/06 10/15/04 9/1104 10/15/04 9/1/04 5/31/04 9/1/04 Design Complete 100% PE / RNV Complete 95% 100% 40% Construction Complete 60% 0% 0% 0% 0% 2004 Funding $ 1,521,000 $ 15,700 $ 821,000 $ 1,932,000 $ 198,000 $ 620,000 Total Project Cost $ 2,787,000 $ 165,000 $ 972,000 $ 3,302,000 $ 198,000 $ 3,134,000 0% 0% $ 1,150,000 $ 2,998,200 0°70 0% $ 702,000 $ 8,057,615 75% 0% $ 2,569,000 $ 2,569,000 100% 5% $ 4,083,000 $ 4,083,000 75% 0% $ 2,914,000 $ 2,914,000 100% 0% $ 2,985,000 $ 2,985,000 100% 60% $ $ 380,000 $ 31,000 $ 31,000.00 $ 50,000 $ 50,000.00 $ 15,000 $ 15,000.00 $ 830,000 $ 830,000.00 $ 60,000 $ 60,000.00 6/1/05 100% 5% $ 9,500,000 $ 9,500,000 $ 200,000 $ 200,000.00 Total $ 30,196,700 $ 45,230,815 0 s i�1 Memorandum To: Dave Mercier, Nina Regor, Members of City Council From: Mike Jackson Date: May 14, 2004 Re: Monthly Report, May 2004 Administration and Parks 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall®spokanevalley.org • Staff finalized the Alcohol policy for city parks. Brochures were developed for park reservations and use of alcohol. • Consultants were interviewed for the parks and recreation master plan. Star is now checking references on finalists. • Work continued on CenterPlace. Staff has been meeting with the senior citizens. The architect is preparing estimates to finish the upstairs of the conference wing and to make possible changes to the senior center wing. • Work has begun to prepare swimming pools for summer operation, Recreation: • After 1 month of registration on summer programs: o Day camp is 60% full at 188 kids. Registration is up six -fold over last year. The program would be 52 kids over - capacity right now if last year's capacity were used. Greater capacity is due to contracted transportation services. o Indoor Playground is 23% full. Play Camp is 20% full. • Continuing to represent City on "Weed and Seed" corn nittee — presented survey to Senior Center during lunch May 11 — very receptive to the idea — all who lived in the target area filled out surveys. Some took surveys home to neighbors. Senior Center: • Mother's Day Luncheon and Style Show was held on the May 9 and 130 people attended. • The General Meeting was held on May 13 approximately 40 people. Director Jackson provided a CenterPlace update. Director Jackson also met with the Board prior to the general meeting. • The Ad Hoc Committee is making progress. Several issues have been clarified thanks to the Ad Hoc committee. The Senior Center Association Board and the City have strengthened a positive working relationship. TO: Dave Mercier, City Manager FROM: Dale Golman, Administrative Sergeant DATE: May 13, 2004 RE: Monthly Report April 2004 Attached is the activity report for April for the Spokane Valley Police Department. There were a total of 5,181 computer -aided dispatch (CAD) incidents, These are self - initiated officer contacts, as well as calls for service. Out of those 5,181 incidents, 1,787 actual reports were taken during the month of April. Attached is the breakdown describing those incidents. Additionally, there were 1,746 traffic stops conducted that resulted in 331 traffic reports. I have included hotspot maps for April stolen vehicles, residential burglaries, traffic accidents and commercial burglaries. ADML STRATIVE COMMUNITY- ORIENTED POLICI\'G MEMO ♦ Chief Cal Walker met with Darryl Rosendall, new director of the Attorney Generals Office (AG), on the Homicide Information Tracking System (HITS). This is a partnership with the AG office to assist in their ability to track statistic analysis for independent agencies. ♦ Chief Walker met with management from a number of different Spokane Valley service organizations, to include the Library District and Northwest Conflict Management Center. The meeting was to make sure these services are provided to our citizens, and the SVPD is partnering with these service providers and public facilities to provide services to our citizens. ♦ On April 21, Sheriff Mark Sterk visited the Central Valley SCOPE Station at 115 N. Evergreen to promote both the S.C.O.P.E. and Neighborhood Watch programs S.C.O.P.E. is the Sheriffs Community Oriented Policing Effort, a program that teams residents, businesses and the sheriff's office to combat crime in. Spokane County. There are (4) S.C.O.P.E. stations throughout Spokane Valley that are staffed by citizen volunteers. Neighborhood Watch is a program that developed out of the old Block Watch program. It promotes residents working with their neighbors and the sheriff's office to improve safety on a block. -by -block basis. ♦ In an effort to determine the needs and issues of the Central Valley area of Spokane Valley, S.C.O.P.E. and church volunteers will distribute surveys to residents of a new Central Valley Weed and Seed Grant district. The Central 1 Valley Need and Seed Grant is a federally funded effort to determine needs in an area bounded roughly by Fourth Avenue to Euclid and Hodges to Sullivan. Also included in the grant boundaries is an area from Fourth to Broadway and Sullivan to Progress. OPERATIONS • Spokane Valley Police and sheriff s major crimes detectives were investigating a shooting of a 19 -year -old man. Two men brought the victim to the hospital and said he had been accidentally shot by a pistol the three had used in a photo shoot to create a compact disk album cover. One of the three reportedly is a budding rap musician. They said that as they were driving away from the shoot, the pistol discharged and struck the victim in the neck. The victim later died of his injuries. Investigation is continuing. ♦ Deputy J.P. Melton and his K -9 partner "Logan" were at the Spokane Valley Police Precinct about. 11:30 a.m. when the clerk at the Crosslands Motel across the street called Crime Check and reported a suspicious male with a pistol behind the motel. Deputy Melton arrived first and spotted the suspect who took off running The officer chased the suspect down and he and Deputy Walter Loucks restrained him in handcuffs. The suspect has drug and robbery convictions in Illinois and drug convictions in Washington State that make it illegal for him to possess firearms. Melton got K9 Logan out of his patrol car and began a search where the clerk had seen the suspect just before he ran. Logan, who specializes in locating firearms and ammunition as well as explosives, found the pistol hidden in tall grass. • Spokane Valley Police pursued and arrested a pair of burglars after a caretaker surprised them as they loaded a homeowner's Suburban with stolen property. Officer Dean Meyer was in the 16800 blocks of East Sprague and looking for the suspects about 9 a.m. He spotted a similar Suburban in a parking lot and watched as the suspects "smoked" the tires leaving the business. The pursuit ended when the suspects drove through a field and two fences, and then crashed into the side of a home. The two suspects jumped from the crashed SUV and ran. Meyer chased the driver about 30 yards before catching and arresting him. The passenger continued to run and eluded officers for another 15 minutes before Officer Jeff Thurman located him hiding beneath a porch of a home. He quickly arrested that suspect as well. The two suspects were immediately held on felony charges of First Degree Possession of Stolen Property and Attempting To Elude A Police Vehicle. • Spokane Valley Police were out in force the week of April 13 through 18 as part of Pedestrian Safety Awareness Week emphasis patrols. Spokane Valley Police scheduled all motorcycle officers to work emphasis patrols, and S.C.O.P.E. volunteers worked all speed- reader boards positioned at specific locations where speed violations are more prevalent. 2 l,? ♦ Six new Harley Davidson motorcycles have arrived at the Spokane County Sheriffs Office. Three of these motorcycles will be assigned to the Spokane Valley Precinct's Traffic Unit. ♦ This month the SCSO and SVPD kicked off the bike patrols on the Centennial Trail and area high schools, Sheriffs deputies assigned as School Resource Deputies will begin patrolling the trail in earnest when school lets out for the summer, Until then, they will patrol the trail intermittently and patrol the areas around the assigned school districts as weather allows. Additional deputies will be trained this year to augment patrols on the trail. The program was started last year as an effort to significantly reduce the number of criminal incidents reported on the trail. Additional bike patrols will be in the Edgecliff area. The Edgecliff Weed and Seed grant will financially support these additional patrols. 2004 APRIL CRIME REPORTS April, 2004 Year to Date BURGLARY 77 254 FORGERY 33 168 MALICIOUS MISCHIEF ' 98 381 NON - CRIMINAL 75 290 PROPERTY OTHER 136 568 RECOVERED VEHICLES 19 86 STOLEN VEHICLES 35 162 THEFT 222 858 UIOBC 0 4 VEHICLE OTHER } 2 27 VEHICLE PROWLING I 123 408 TOTAL PROPERTY CRIMES 820 3,206 ASSAULT 67 277 DOA/SUICIDE 16 59 DOMESTIC VIOLENCE 53 236 HOMICIDE 0 0 KIDNAP 2 8 MENTAL 38 123 MP 8 40 PERSONS OTHER 146 574 ROBBERY 4 14 TELEPHONE HARASSMENT 24 70 TOTAL MAJOR CRIMES 358 1,401 ADULT RAPE 7 13 CHILD ABUSE 18 49 CUSTODIAL INTERFERENCE j 13 55 SEX REGISTRATION F 1 2 INDECENT LIBERTIES 3 5 CHILD MOLESTATION 10 29 CHILD RAPE 1 14 RUNAWAY 41 147 SEX OTHER 11 47 STALKING 7 12 SUSPICIOUS PERSON 29 121 TOTAL SEX CRIMES 141 494 DRUG 1371 414 ISU OTHER 0 0 TOTAL ISU 137 414 TOTAL TRAFFIC REPORTS 331 1,216 TOTAL REPORTS RECEIVED 1,787 6,733 th Cro W = le 1e'y EM u lrkal, lark E Mission Boo i e :226 • Josep 21st 25th 8 �r rinceton A era_ Ave Sanson Stolen Vehicles Low ® Medium High 0 0.5 1 Milo � April 2004 Stolen Vehicle Hotspots Gr-adnite Map Produced: 11 May 2004 Sharp !- fit ;: 14th G 1, Josep 7 3 F415th ndiana / In ustra elle Ter e 39 Montne B ldwin a iltd uclid - Buc ye Grinite 5_talde 24t CD CD 4 ?-' • Residential 0 h 9 3 -s‹ Burglary 0> ,z 44th o C") o Low z CU MI Medium IIII High 0.5 Mile April 2004 Residential Burglary Hotspots Map Produced: 11 Mey 2004 1 Belle Terre April 2004 Traffic Accident Hotspots Map Producod: 11 May 2004 Miss" Ort ver '4 1 re 8 rinceto irabeau Sanson elle Tere Grdnite uclid -Bucl< ye atald Commercial Burglary IW Low IIIII Medium MI High 0 0.5 1 Mile April 2004 Commercial Burglary Hotspots Map Produced: 11 May 2004 INCIDENT TYPE Year to Date Jan Feb March April May June July August Sept Oct Nov Dec 11-S Structure Fire Single Response 75 31 18 16 10 11 -F Structure Fire 50 10 11 12 17 11 -W Working Fire 6 2 3 0 1 13-S Vehicle Fire 26 7 7 8 4 14 -UH Brush Fire -Low 13 0 3 7 3 15-S Trash Fire 11 0 2 2 7 18 -S Alarm System - Single Response I 44 16 11 10 7 18 -F Alarm System- Full 135 54 32 27 22 31 -AIB BLS EMS Alarm 764 211 163 206 184 31 -C!D ALS EMS Alarm 904 235 202 232 235 31 -F 2nd alarm EMS /Mass Casualty 0 0 0 0 0 35 -F Extrication 6 2 0 1 3 36 -F Water Rescue 0 0 0 0 0 37 -F Tech Rescue 0 19 0 6 0 6 01 0 4 3 40-1 Hazmat Investigation 40 -F Hazmat Full Response 0 0 0 0 0 46 -AIB Auto Accident - Unknown Injuries 201 63 46 35 57 46 -CID Auto Accident - Life Threats 18 7 1 7 3 50-S Service Call 63 26 10 14 13 MONTHLY TOTAL 2335 670 515 581 569 0 0 0 0 0 0 0 0 Spokane Vall_ °.e Department 2004 Response Information For City of Spokane Valley C� M emo To: David Mercier, City Manager, and Members of City Council Thru: Marina Sukup, Community Development Director CC: Nina Regor, Deputy City Manager From Greg McCormick, Long Range Planning Manager Date: May 17, 2004 Re: Community Survey Results Some questions have come up regarding the community survey, specifically why businesses were not included in the survey. After discussing this issue with Gayla Smutny of Clearwater Research, the following rationales are provided: 1. If a business owner was contacted at home — he/she was not excluded from taking the survey. Business owners were only excluded if they were contacted at their place of business. 2. Households and businesses are two distinct and separate populations that would need to be surveyed separately (Clearwater indicated that they have never mixed the two groups into a single survey); 3. While some issues may overlap (e.g. couplet) between the two populations — generally the survey instrument would be significantly different for the two groups; 4. The purpose of any survey is to be able to generalize the results back to the overall population (in this case - households); if you have two different populations in a survey this cannot be done. Please let me know if you have additional questions regarding the survey. Siicikane 0 . Memorandum To: Dave Mercier, Spokane Valley City Manager & Spokane Valley City Council From: Tom Scholtens, Spokane Valley Building Official CC: Marina Sukup, Spokane Valley Community Development Director Date: 5/19/2004 2:51 PM Re: 18909 E. Marietta Ave / N.A. Brown initiated complaint, 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org Code Enforcement Officers Sammeli and Berg contacted the tenant of Charolette Nevell's manufactured home located at 18909 E Marietta. This is the neighbor of Mr. N.A. Brown. Mr. Brown first initiated his nuisance complaint last September at the September 9, 2003 Council meeting. We processed that complaint and had reached an agreement with the property owner to eliminate those items that were addressed by the current zoning /nuisance ordinances. Following up with that complaint with other site visits indicated that the property had remained in compliance for several months. With Mr. Brown's May 11, 2004 new complaint a new investigation was initiated. A new case file was initiated, CAR 04 -1027. Officers Sammeli and Berg have spoken with the tenant about the condition of the property and a course of action to eliminate the offending conditions. The tenant indicated that he would sign a Voluntary Compliance Agreement with the City to address those issues. A Warning Letter has been sent to the property owner, Charolette NeveIle, requiring her to remove all items in open storage at the Marietta Street address and either remove them from the property or place them within an enclosed structure out of public view and to remove the inoperable vehicles from the front yard and place them behind a sight obscuring fence in the rear yard. We will follow up with this case with a Notice and Order and civil monetary penalties if compliance with City of Spokane Valley Ordinances is not achieved. The other complaint registered at the May 11 meeting was a general complaint concerning junk cars. That complaint was initiated by another neighbor of the E. Marietta Street address. We are contacting that neighbor to discover if this address is his concern or if his complaint was focused on other specific addresses or a general observation. MEMO TO: City Manager Dave Mercier FROM: Chief Cal Walker RE: Citizen Comments from Council Meeting of May 11 DATE: May 14, 2004 This memo is to address some of the issues raised by Mr. Glenn Kivett, N. 17 Walnut. Road. Mr. Kivett had a number of issues that he has raised, some of which are related to zoning and code enforcement, and others that were specifically addressed toward law enforcement. Mr. Kivett's comments included statements that he calls and complains, and he never sees an officer until the people are gone. This appeared to be directed specifically at illegal parking. In many areas around our city, some of our citizens do park their vehicles illegally. We do routinely ticket said vehicles for improper parking, and in some cases where problem areas are identified, we have our officers do emphasis enforcement. Very rarely are we staffed to the level where we can immediately dispatch an officer to a parking violation. We prioritize all calls as to the level of need, and parking violations are prioritized lower than many other calls that require immediate service. The actual RCW for illegal parking is contained in RCW 46.61.570, and the fine for this violation is $20.00. As to Mr. Kivett's comment. that there must be a "leak" somewhere, I can assure all of the citizens of Spokane Valley that we have no "leak" which would pre -warn a parking violator of our anticipated arrival time to begin citing offenders. 1 can fiuther clarify that it could be possible that we would call a business, school or other entity and ask them to deal with parking issues around their establishments so that their customers could be made aware of the problem that their illegal parking presents. Mr. Kivett also brings up response time, and the same explanation exists as above. We respond to prioritized calls, and in nearly every analysis we have done, looking at the effective response time of our police officers, they have greatly improved since incorporation and the formation of the Spokane Valley Police Department. I have directed our Traffic sergeant, Martin O'Leary, and our Patrol Division to address the Walnut Road issues as time and workload will allow. srj Cal Walker, Chief of Police Spokane Valley Police Department Memorandum 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall®spokanevalley.org To: Dave Mercier, Spokane Valley City Manager & Spokane Valley City Council From: Tom Scholtens, Spokane Valley Building Official CC: Marina Sukup, Spokane Valley Community Development Director Date: 5/19/2004 2:51 PM Re: Update on Rock Barn / Rock Placing Company 14115 E Trent A neighbor has continued his complaint that the Rock Barn is operating illegally on property that adjoins the business by using that adjoining property as storage. We reinvestigated the complaint and our investigation has indicated that there would be no Grading Permit required for the storage of construction materials at this site, but that a Temporary Use Permit is required. Accompanying this use permit action is a site plan review. The Rock Barn business owner, Terry Frost, has made application for the Temporary Use Permit. That application is under review at this time and a decision should be available from Spokane Valley Current Planning Division within three weeks.