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2009, 09-08 Regular Meeting ' ~ iDl_ ~ . AGF.NDA SPOKANE VALLEY CITY COUNCIL , REGULAR MEETING Council Meeting #167 Tuesday, Septcmbcr 8, 2009 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Counci! Requests Please Silence Your Cell Pftones Dtcring Counci114feeting CALL TO ORDER; Il`TVOCATTON: Pastor David Drogemuller, Christ Lutheran Church PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: 1NTRODUCTION OF SPECIAL GUESTS ,AND PRESENTATIONS: COMl1UITEE, BOARD. LIAISQN SltNiMARY REPORTS: MAYOR'S REPORT: Proclamation: Childhood Cancer Awareness MaTth Proclamation: Calstitution jVeek PUBLIC CONMiENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your narne and address for the record and limit remarks to three minutes. 1. PUBLIC HEARIlIiG: Interim Ordinance 09-01 S Developer Agreement Process - Mike Connelly 2. PUBLIC HEARIhG: Propased 2010 Budget - Ken Thompson 3. CONSEN? AGENDA: Consists of items considerzd routine which are approved as a group. Any membzr of Council may ask that an item be remor•ed from the Consent Agenda to be consiclered separately. a. Approval of the fallowing claim vauchers: VOUCHER LIST DATE IWlVOUCHER TtUMBERS: I TOTAL AMOUNT 08-20-2009 ~ 18205 $67,256.43 08•21-2009 ~ 18206-1823 8 $343,454.64 08-25-2049 ~ 18239-18260, 820090021 ~ $430,853.88 08-25-2009 ~ 18261-18269 I $99,912.41 08-28-2009 N 18270-18301 I $90,916.13 ~ GRAND TOTAL I $1,032,393.49 , b. Approval of Payroll for pay period ending August 31, 2009: $347,369.38 c. Approval of Commute Trip Reduction Interlocal Agreement Council Agenda 09-08-09 Regular Meeting Page 1 of 2 NEw BUSINESS: 4. First Reading Proposed Ordinance 09-018 Levying Tax - Ken Thompson [public comment] 5. First Reading Proposed Ordinance 09-019 Property Taa► Confirmation - Ken Thompson [pubtic commentJ 6. First Reading Proposed Ordinance 09-021 Amending Ordinance 09-012 (SARP) - Mike Connelly [public comment] 7. First Reading Proposed Ordinance 09-022 Amending Ordinance 09-013 (SAR.P/Gomp Plan Map) - Mike Connelly [public eomment] 8. Froposed Resolution 09-012 Amending Governance Manual - Mike Connelly [public comment] 9. Proposed Resolution 09-013 Regarding Employees Pay During Pandemic - Mike Jackson [pubGc comment] 10. Motion Consideratioa: Adopt Paademic Plan - Mike Jackson [public comment] 11. Motion Consideration: Outside Agencies Funding Atlocations - Ken Thompson ( pubtic comment] 12. Motion Consideration: Mayoral Appointments to Wastewater Policy Advisortit Board - Mayor hlunson [public comment] 13. Motion Consideration: 2009 Federal Cal) for Projects - Steve Worley [public comments] PLTBLIC COiNZt1-ZENTS: This is an opportunity for the public to speak on any subject not on the aSenda for action. When you come to the podium, please state yaur name and address for the record and limit remarks to three minutes. ADMINISTRATIVE KEPORT: NIA INFORNIATIONONLY: (~t•ill nut bereported Ur• di.sccLssecij 14. Affordable flotising Densities - Mike Basinger FXECUTI'*'E SESSION: N/A ADJOURNMENT FUTURE SCHEDULE orreeting sc'I1E'CIIIIP 1s (ll)t'tll'.S .C1/IjE'('1 t0 CjlC7llge) NOTICE: Individuals planning to attend the meeling wha requirr sPecial asiistancc tc.~ accorumodate pbyiical, hr.aring, or otlier impairmenu, please contact the City Clcrk ut ('509) 921•1000 S scwn as FosSible so that arrangemcnts may be madc. Council A2enda Uy-OS-Gy hcgu(.:r Niccticik Pace 2 of 2 - ~~c`rYo~a00^%M11tt ; ne ,;0OValleye Proclamatt'on ChiCdhood Cancer.A7.vareness Month - City of Spokane Valley, 7Nashington WHEREAS, Dur children aye our most precious resource; and WHEREAS, Mor•e than 12, 000 clrildren and young adults ar•e diagnosed with cancer each year and the incidence of childhood cancer has increased every year over the post ttiventy-six years; and WHEREAS, Cancer in childhood occzcrs regularly, randomly, and spares no ethnic group, socioeconomic class, or geographic region; and WHEREAS, Cuncer is the number one disease killer of children and second leading cause of deuth; claiming the lives of over 2,500 un.der• the age of 20 every year; und ' WHEREAS, The mission of the Candlelighters of the Inland Northwest is to edzicate, support, ser•ve and advocate for farnilies of children with cuncer, sztrvivors of childhood cuncer, und the professionals who care for them; and WI-IEREAS, The City vf Spokane Valley recognizes the devastating effects of cancer on the children of this r-egion and encourages crll efforts towurd frnding a cure. NOW, THEREFORE, I, Richur•d Munson, Mcryor of the City of Spokane Valley, on behalf of the Spokune Valley City Council und the citizens of the City of Spokane Valley, do heyeby proclaim the month of SeptemheY, as Chil.dhood CanceY Awareness Month and I encouf•uge all citizens to wear a gold ribbon to honor childhood cancer patients, survivor•s, their• families and curegivers, and those young people who have lost their lives to this devastating disease as we continue to support the efforts of persons and agencies who assist them. Dated this 8th day of September, 2009. ~ , tchar•d Munsanf~ ~ Mayor ~ . ~ . ~ ~ , l. , , ~ICrTr~kaine . JL Val1~ ~ - ~ ~ c~~~~~~~~~ ~~ek Ci~y of Spakane Valfey, Washingto~ ~~REAS, Septemher 17, 2009 morks the 222nd anniversa~'y of t~te ~cr, f l~ang of t~xe CTonstitution of the Unzt-ed States o}'America by the Canstitutianal Con-vention,, rxnd 1~~EREAS, Jt is fitting and proper to accord o~f,~acial recognition to this magnifcenl docurnent and irs memorabIe anniversarv, and to the patraotic celebrations which wild cornmemorate the acccasion; and LYHERE9S, Public Lam) 915 guar•antee,s the issui'ng of apraclamation ecxch year by the President of the Uhited States of Amer•ica desigrrating Sepiember 171hrough 23 as Constatutaon week. ` NOW, THEREFO.RL, 1, Richa~d Munson, Mayor of the Citv of Spokane Valley, on behcrlf of the Spakcrne VaJley C'ity Council and the citizens of the City of Spokane Valley, do hereby proclaim September I 7th t-hrough 23rd as Constitution Week and crsk otcr citizens to reaffirm the ideals the Framers of the constitution had in 1787 by vigrlantly protecting the fteedoms guarant-eed to us through this guardicrn of our liberties, rememberang that lost right:s rrauy never be regained. Dc~~ed this 8th dcxy o_, f `September 2009. ~ 5 N 1 s 1 i• RiCh~`li"d MZlF2S'Q)Z ~ Ma,yor ~ . CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 09-08-09 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business Z public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: PUBLIC HEARING: Emergency Interim Ordinance No. 09-015 GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.13.190 PREVIOUS COUNCIL ACTION TAKEN: On August 11, 2009, Council passed Ernergency Interim Ordinance No. 09-015, which ordinance schedules a public hearing for September 8, 2009. BACKGROUND: The emergency ordinance 09-015 amends certain sections of SVMC 18 and 19 and sets a public hearing. OPTIONS: Conduct Public Hearing pursuant to RCW 36.70A.390 and RCW 35A.13.190 RECOMMENDED ACTION OR MOTION: Conduct Public Hearing BUDGET/FINANCIAL IMPACTS: none STAFF CONTACT: Mike Connelly ATTACHMENTS: Emergency Interim Ordinance No. 09 -015 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINAIVCE NO. 09-015 AN iNTERIM ORDiNANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON ADOPTING A NEW SECTION OF THE UNIFORM DEVELOPMENT CODE, SPECIFICALLY SECTION 19.30.015, AND AMENDING EXISTING SECTION 17.80.030 AND 17.80.140 TO ESTABLISH A PROCEDURE FOR CONSLDERATION OF DEVELOPER AGREEMENTS IN CONJUNCTION WITH AN AMENDMENT TO THE COMPREHENSNE PLAN AND THE COMPANION ZONE CHANGE ON AN 1NTERIM BASIS PURSUANT TO RCW 36.70A.390 AND RCW 35A.63.220 AND SETTIlVG A PUBLIC HEARING. WHEREAS, The City of Spokane Valley adopted the Uniform Development Code (UDC) pursuant to Ordinance 07-015 on the 24' day of September, 2007; and WHEREAS, the UDC became effective on the 28`h day of October, 2007; and WHEREAS, the adopted UDC does not specifically provide for the consideration of a developer agreement in conjunction with a comprehensive plan amendment and companion zone change processed as part of the City of Spokane Valley's annua) amendment to the Comprehensive Plan; and WHEREAS, such an agreement is authorized by RCW 36.70B.170-210; and WHEREAS, one application considered by the City Council of City of Spokane Valley in conjunction with the annual amendment process contemplated such an agreement but consideration of the same could not move forward without such a process being established; and WHEREAS, an interim regulation allowing consideration of such a process would allow the timely and consistent consideration of the specific application, requiring immediate consideration and action by council to avoid significant delays. NOW, T'SEREFORE, THE CITY COUNCII, SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section one: Pursuant to RCW 36.70A.390 and RCW 35A.63.220 the city adopts this interim zoning ordinance adding section 19.30.015 as set forth below and amending section 17.80.030 and 17.80.140 as set forth below. This interim ordinance shall be effective for six (6) months from the effective date of adoption. Section hvo: Pursuant to RCW 36.70A.390 and RCW 35A.63.220 a public hearing before the City Council to consider this interim development code amendment shall be set for September 8, 2009.. Sectioo three. amending SvMC 17.80.030: Section 17.80.030 shall be amended as follows: Ordinance 09-015 Developer Agreement Page 1 of 7 17.80.030 A.ssegnment of pevelopment Application Classific$tion 1. Assisnrnent by Table. Land use and development applications shall be classified pursuant to the fo]lowing table. - . - - _ . . . - . ' " : ",TabEe]7.80-]Pcrmit•TypeaudLandUseApplication , E - . • . . . , r;;s:: • ' - 'I'ypc Larid Use and Development-Applitation . , Crass Refcrencc- . • , S V MC Chapter ; _ . i Accesso.y Dwell ing Umts 19.100 ~ Adminis[ratrve I?eterminations by Community Developmenl Director, Public Works Dir2ctor, or Suilding Muldple Oft'icial_ Administrative Excepuan . 19.140 Adminisirative [ntcrpcctation 17.50.010 Boundary Line Adjustments end Eliminations 20.80 l I Home Occupation Pcrtnic 19.140 Right-of Way Permits 22.130.060 Shoreline Permit Exemption (dock permit) 21.50 Type l Sile Plan Review , 19.130 , Temporary Use Perrnit 19.160 Time Extensions for Freliminary subdivision, shoR subdivision ar binding sitc plan 20.30.060 _ Floodplain development 2130 Building Permits not subject to SEPA 21.20.040 I l Minor modifcatioits of dcveloprnent agreements 19.30.415(I) I Grading Pumits 24.50 $ inding Site Plan - Prel im inary and Finol 20.50 Binding Site Pian - Change of Conditions 20.50 Wireless Carnrnunication Facil ities 22.120 ~ Subdivision - Final 20.40 I ~ Type 11 PIatAlterations - Final 24.60 SEPA Thresliold Deterrnination 21.20.060 I @rcliminary Shotl Subdivision, Bintfing Site Plan - Change of Conditions 20,34 Shoreline Suhstantial Development Permit 21.54 i ~ $hort Subdivision - Preliminary and Fina1 20.30, 20 40 Type Conditinnal Use Permics 19.150 lll Subdivi5ipns - Preliminsuy 20,30 I Variance 19.170 I , Ordinance 09-015 Developer Agreement Page 2 of 7 Table 17.80-1 Permit Typc and Land Usc ApplicaNon I I Typc Land Usc and Devclopment Application Cross Rcfercncc -SVMC Chapter ; Preliminary Subdivision - Chunge of Conditians 20.50 I ~ Zoning Map Amendments (site specific rczones) 19.30.030 Annual Comprehensive Plan Amendments (text andlor map) I7.80.140 Arca-widc Zoning Map Amendmcnts 17.80.140 ~ Type pevelo ment A ements associated with Com rehensive Plan Amendments 17.80.140 , I V P S~ A Development Code'Text Amendments 17.80.150 Section four. amending SVMC 17.80.140: 17.80.140 shalt be amended as follows: 17.80.140 Type 1V Applications - Comprehensive Plan Amendments, Development Agreemeats associated with a Comprehensive Plan Amendment, and Area- wide Rezones A. [nitiation. Comprehensive Plan Amendments and Area Wide Rezones may be initiated by any of the following: 1. Property owner(s) or their representatives; 2. Any citizen, agency, neighborhood association, or other party; or 3. The Department, Planning Commission, or City Council. B. Applications. Applications shall be made on forms provide by the City. C. Application Submittal: . l. Applicant initiated: Comprehensive Plan Amendments and Area-Wide Rezones shall be subject to a pre-application conference, counter-complete, and fully-complete determinations pursuant to SVMC 17.80.080, 090, and 100. The date upon fully- complete determination shall be the date of registration with the Department. 2. Non-applicant initiated: After submitta) of a non-applicant initiated application, the application shall be placed on the register. D. Register of Comprehensive Plan Amendments and Area-wide Rezones. The Department shall establish and maintain a register of all applications. E. Concurrent and Annual Review of Register. 1. Sixty (60) days prior to Novetnber lst in each calendar year, the City shall notify the public that the amendment process has begun. Notice shall be distributed as follows: ai. Notice published in an appropriate regional or neighborhood newspaper or trade journal; b. Notice posted on all of the City's official public notice boards; and c. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest. Ordinance 09-01 S Developer Agreement Page 3 of 7 2. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Applications registsred after November lst of the previous calendar year and before Noveinber lsr of the current calendar year, shall be included in the annual review. Those registered after November l st of the calendar year shall be placed on the register for review at the following annual review. 3. Emergency Amendments: Tlie City may review and amend the Comprehensive Plan when the City Council determines that an emergency exists or in other circumstances as provided.for by RCW 36.70A.130 (2)(a). F. Notice of Public Hearing, Comprehensive Plan Amendments and Area-Wide Rezones require apublic hearing before the Planning Cornmission. i. Contents of Notice. A Notice of Public Hearing shall include the following: a. The citation, if any, of the provisian that wauld be changed by the proposal along with a brief description of that provision; b. A statement of how the proposal would change the affected provision; c. A statement af what areas, Comprehensive Plan designations, zones, or iocations will be directly affected or cha»ged by the proposal; d. The date, time, and place of the public hearing; e. A statement of the availability of the official fite; and fi. A statement of tlie right of any person to submit written comments to the Planning Commission and to appear at the public hearing of the Planning Commission to give oral comments on the proposal. 2. Distribution of Notice. The Department shall distribute the notice pursuant to SVMC 17_80.120(2). G. Planning Commission Recommendation - Procedure. Following the public hearing, the Planning Commission shall coasider the applicatians concurrently, and shall prepare and forward a recommendation of proposed action for all applications to the City Council. The Planning Commission shall take one oE the fallotiving actions: 1. If the Plannang Commission determines that the proposal should be adopted, it may, by a majority vote, recommend that the Ciry Council adopt the proposal. The PIani3ing Cammission may make modiftcations to any proposal prior to recommending the proposal to Ciry Council for adaption_ if the modification is substanfiial, the Planning Commissian must conduct a publie hearing on the mod if ed progosal; 2. If the Planning Commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the City Council not adopt the proposal; or 3i. If the PJanning Commission is unable to take either of the actions specified in subsections (G)(t) or (2) above, the proposal will be sent to City Council tivith the notation that the Planning Commission makes no recommendation. H. Approval Criteria. l. The City may approve Comprehensive Plan Amendments and Area-Wide Zone Map Amendments if it f nds that: a. The proposed ainendment bears a substantial relationship to tlle public heatth, safety, weSfare, and protection of the environment; b. The proposed amendment is consistent with the requirements of P'CW 36.70A and with the portion of the City's adopted plan not affected by the amendment; Ordinance 09-015 Developer Agreement Page 4 af 7 c. The proposed amendment responds to a substantial change in conditions beyond the properly owner's control applicable to the area within which the subject property lies; d. The proposed amendment corrects an obvious mapping error; or e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. 2. The City must also consider the following factors prior to approving Comprehensive Plan Amendments: a. The effect upon the physical environment; b. The effect on open space, streams, rivers, and lakes; c. The compatibility with and impact on adjacent land uses and surrounding neighborhaods; d. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; e. The benefit to the neighborhoad, City, and region; f. The quantity and location of land planned for the proposed land use rype and density and the demand for such land; g. The current and projected population density in the area; and h. The effect upon other aspscts of the Comprehensive Flan. 1. City Council Action. Within sixty (60) days of receipt of the Planning Commissian's findings and recommendations, the City Council shal] consider the findings and recommendations of the Commission concerning the application a»d may hold a public hearing pursuant to Council rules. The Department shall distribute notice of the Council's public heating pursua»t to SVMC 37.80.120(2). All annual amendments to the Compsehensive Plan shall be considered cancurrently. By a majority vote of its membership, the City Council shall: l. Approve the application; 2. Disapprove the application; 3. Modify the application. [f the modification is substantial, the Council must either conduct a public hearing on the modified proposal; or 4. Refer the proposal back to the Planning Cummission far further consideration. J. Transmittal to the SCate of Washington. At least sixty (60) days prior to final action being taken by the Cifiy Council, the Washington State 17epartment of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in ot'der to initiare the sixty (60) day comment period. No ]ater than ten (10) days after adoptian of the proposal, a copy of the final decision shall be forwarded to CTED. Section five. ameading S'VMC 19.30: SVMC Chapter 19.30 shall be amended by adding a new section 19.30.015 as follows; 1930 Changes & Amendments 19.30.010 Comprehensive I'lan Text & 1VIap Amendments Pursuant to RCW 36.70.134(2)(a) proposed updates to the Comprehensive Plan will be processed only once a year except for the adoption of original sub-area plans, amendments to the Shoreline Master program, the amendrnent of the Capital Facilities Chapter concurrent with the adoption of the Ciey Ordinance 09-015 Developer Agreement Page 5 of 7 / I budget, in the event of an emergency ot ta resolve an appeal af the Comprehensive Plan filed with the Growth Management Hearing Board. Cornprehensive Plan text and rnap arnendments are classifed as Type 1V development appifcations and sha11 be pracessrd pursuant to SVIViC Chap#er 17.80.140, 19.34.015 ,Developmen# Agreements assnciated with a Cnmprehensrve Plao Amendment A, Pufsuant tv RCW 36.70B.170 - 210, the city may enter into adevelopment agreament with a persan having vwnership or cantrol of real property within its jurisdiction as part of a comprehensive plan amendment and associated rezone. A development agreement and subsequenti rezane sha31 be cansistent with agplicable development regulativns set forth in the 1JDC, SVMC Chapters 17-24. S. Development Agreements asscciated with aComprehensive Plan Amendment are classified as T°ype IV development applications and shall be processed in cosnpliance vvith the Camprehensive Plan Amendment and the regulations of RCW 36.70B. 170 -2 10. C. Qeveloprnent agreements associated with a cornprehertsive p1an amendi-nent and subsequent rezone niay be used at the city cauncil's discretion. develapment ag,reem.ents may be used to place restrictions vn a proposed ainendment #o min+mize the impacts offuture develapment. D. Developrnent agteernent cnntents 1. For the purpose of this section, development standards may include, but are not limited to the fvllowing: a. Praject el,ements sucti as permitted uses, residential densitres, and nonresidentiia1 densities and intensities or building sizes; b. The arnount and payment of impact fees imposed or agreed to in accordance with any applicable pravisions af state ]aw, any reimbursement provESion, vtYrer Financial , . contribufions by the praperty awner, inspection fees, or dedscationF,; c. Mitigation rneasures, development conditions, and other requirements under 43.21C RCW; d. Design standards such as maximum heights, setbacks, drainage and water qsaafity requirements, 1andscaping, and other development features; e. Affordab1e housing; f. Parks and ❑pen space preservatipn; g. Phasing; h. Review procedures and standards for implementirrg decisions; i. A build-out or vesting period for agplicable standards; artd j. Any other appropriate development requirement procedure. E. x`he final decision authvrity fvr apprvval of the development agreement and development plan shall be the City Cvuncil set forth in S1IMC Chapter 17.80.060 (D). F. The decision of city council ari a development agreernent and plan in corrjunction with a costaprehensive plan amendmont and subsequent zoriing change is the inal decision af the city and may be appealed pursuant to RCVI! 36.74C. G. A development agreemen# shall 6e recorded with the Spokane County Auditor at the applicant's expense. DUring the term of the development agreement, the agreement is binding an the parties and their successQrs. . Qrdiitance 49-015 .Developer Agreement Page 6 of? _ H. The city will process and decide upon an application for an amendment as if it were an application for a new development agceement in a manner set Eorth above unless it is deerned a minor modiftcation as set forth in (I) below. 1. Modifications of development plan l. The director of community development may approve minor modifkcations to the develapment p.lan pursuant to Cliapter 17.$0.030. 2. Criteria for approving minor modifcations include but are not limited to tlle following: a. Shall conform to the terms of the deveFopment agreement; b. Shall not reduce landscaping, buffering, or open space areas c. Shall not reduce setback requirements d. Shall not result in an increase in height of any structure e. Shall not result in a change in ingress or egress f. Shall not iacrease any adverse impacts or undesirable effects g. Shall not significantly alCer the project Section six: Severahility. If any section, sentence clause or phase 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 otller section, clause or phrase otthis Ordinances. Sectioii seven: Effective date_ This ordinance shall be full force and effect five (5) days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by 1aNv. Passed by the City Council this l. l`h day of August4ayor 20Q9r*IGtunson s ~ ty C1erk, Christine~Ba ridge . Approved as to Form: 4ffice of the City At#omey Date of Public~ation: S,~u'`'~ . I Effective bate: t Q ,Q?lv, ?,&y Expiration Date: ' Qrdinance 09-015 Developer Agreement Page 7 0f 7 , CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 8, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business E public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Rublic Hearing for 2010 Budget GOVERNING LEGISLATION: State budget law PREVIOUS COUNCIL ACTION TAKEN: The city council held the first public hearing in August on the 2010 budget. Staff and the council have discussed goals, property tax levies and projected expenditures and revenues for 2010. Ordinances to adopt our 2010 property tax levy and to confirm an increase in our property tax levy are scheduled for this month and October. BACKGROUND The public hearing tonight, is the second of three scheduled hearings for the 2010 budget. OPTIONS: 1) Hold the second public hearing on the 2010 budget tonight. 2) Hold the second public hearing at a later date (but no later than 12-8-2009). RECOMMENDED ACTION OR MOTION: Staff recommends conducting the public hearing as noticed for tonight's meeting. BUDGET/FINANCIAL IMPACTS: Once the ordinance is passed, this will be the budget for 2010. . STAFF CONTACT: Ken Thompson, Finance Director 2010 BUDGET PUBLIC HEARING SEPTEMBER 8, 2009 KEN THOMPSON FINANCE DIRECTOR , 2010 BUDGET Continued • Total Resources - about $101 million Total Expenditures - about $101 million • Prop. tax levy up $300,000 or 2.9%(Est. $1.54/m rate) • Sales tax down $3.4 million • Planning/building fees down $388,000 • Street fund includes winter weather ops. • Real estate excise tax down, capital projects down • Expect the numbers to change as we fine tune. • One additional public hearing to gather input , - 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 09-08-09 City Manager Sign-off: Item: Check all that apply: Z consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: I TOTAL AMOUNT ~ 08-20-2009 ~ 18205 1 $672256.43 ~ 08-21-2009 ~ 18206-18238 ~ $343,454.64 08-25-2009 ~ 18239-18260, 820090021 ~ $430,853.88 08-25-2009 ~ 18261-18269 ~ $99,912.41 08-28-2009 ~ 18270-18301 ~ $90,916.13 ~ GR.AND TOTAL ~ $1,032,393.49 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Ken Thompson, Finance Director ATTACHMENTS Voucher Lists vchlist VOUCher LISt Page: 10812012009 9:23:02AM Spokane Valley Bank code : apbank - Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 18205 8/20/2009 002076 GINNO CONSTRUCTION OF IDAHO Pay App #1 42434 DISCOVERY PARK CONSTRUCTI01 67,256.43 Total : 67,256.43 1 Vouchers for bank code : apbank Bank total : 67,256.43 1 Vouchers in this report Total vouchers : 67,256.43 I, the undersigned, do certify under penalty of perjury, that the materials have been fumished, 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 Page: 1 vchlist Vouchet' List Page: 1 0812112009 3:17:25PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 18206 8121/2009 000334 ARGUS JANITORIAL LLC 004044 JANITORIAL SVCS: JULY 2009 2,165.23 Total : 2,165.23 18207 8121I2009 000030 AVISTA 010119017 UTILITIES: PARKS MASTER AVISTP 15,716.23 Total : 15,716.23 18208 8121/2009 001409 BEST LINE 053108062009 ANSWERING SERVICE: CP 20.00 Total : 20.00 18209 8/21/2009 000143 CITY OF SPOKANE JunelJuly 09 TRANSFER STATION: PW 194.94 Total : 194.94 18210 8121/2009 001169 CITY OF SPOKANE VALLEY August 2009 PETfY CASH:7031,32,34,35,39,42,4 77.92 July 2009 PETTY CASH:6748,7026,7028,7029 4.00 Total : 81.92 18211 8/2112009 000326 CONSOLIDATED IRRIGATION #19 August 2009 Remainder of Installation charges for 180.36 July 2009 V1IATER CHARGES: PW 187.50 July 2009 WATER CHARGES: PW 177.78 Total : 545.64 18212 8121/2009 001492 CWIEK, LOIS Refuntl REFUND OF DEPOSIT FEES 52.00 Total : 52.00 18213 8121I2009 000246 EAST SPOKANE WATER DIST #1 July 2009 UTILITY CHARGES: PW 1,025.51 Total : 1,025.51 18214 8/2112009 001846 ECOPLAN-DESIGN 176 42177 LANDSCAPE ARCHITECTURAL SEf 7,654.03 Total : 7,654.03 18215 812112009 002093 EDWARDS, MANDY Refund REFUND OF FEES 190.00 Total : 190.00 18216 8/21/2009 000839 GENERAL FIRE EQUIP CO 0021487 FIRE ALARM LABOR:CP 293.49 Total : 293.49 18217 8/2112009 002096 HERGENRATHER, STEVE Refund REFUND OF SHELTER DEPOSIT 52.00 Page: 1 rchlist Voucher List PayC. 2 l812112009 3:17:25PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 16217 8/21/2009 002096 002096 HERGENRATHER, STEVE (Continued) Total : 52.00 18218 8/2112009 000741 HONEY BUCKETS 0987339 WEEKLY RENTALS: PARKS 151.40 Total : 151.40 18219 8121/2009 000220 ICMA July 2009 MEMBERSHIP DUES 960.00 Total : 960.00 18220 8l2112009 000388 IRVIN WATER DIST. #6 112500.0 WATER CHARGES 166.00 July 2009 PINES/MANSFIELD #0005 86.53 Total : 252,53 18221 8121/2009 000258 MICROFLEX INC. 18722 TAXTOOLS SOFTWARE RENTAL 343,83 Total : 343.83 18222 8121/2009 000132 MODERN ELECTRIC WATER CO July 2009 UTILITY PMT: MISSED INVOICE JUl 1,693.69 Total : 1,693.69 18223 8/21/2009 001490 NW BRITISH CIASSICS Refund REFUND OF DEPOSIT 257.00 Total : 257.00 18224 8/21/2009 000307 OFFICE OF THE STATE TREASURER April May June 2009 STATE REMITTANCES 231,087.67 Total : 231,087.67 18225 812112009 002098 RAMELOW, BOBBY Refund REFUND OF DEPOSIT EDGECLIFF 52.00 Total : 52.00 18226 8/2112009 000709 SENSKE LAWN & TREE CARE INC. 3212655 CONTRACT MAINTENANCE: CENT. 2,018.68 3212656 CONTRACT MAINTENANCE: CENTE 51,859.00 Total : 53,877.68 18227 8/2112009 000935 SERVICE PAPER CO 11160077 SUPPLIES: CP 44.62 11164756 SUPPLIES: CP 109.66 11166178 SUPPLIES FOR CP 60.11 30453386 SUPPLIES: CP 140,26 Total : 354.65 18228 8/2112009 002100 SORDELET, JANELLE Refund REFUND OF AQUATIC FEES 30.00 Page: 2 vchlist Voucher List Page: 3 0812112009 3:17:25PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 18228 812112009 002100 002100 SORDELET, JANELLE (Continued) Total : 30.00 18229 8121l2009 002099 SORENSEN, CARL Refund REFUND OF DEPOSIT: EDGECLIFF 52.00 Total : 52.00 18230 812112009 001260 SPOKANE CASH REGISTER INC. 18068 CASH REGISTER PAPER: CP 76.09 21600 CASH REGISTER SERVICE 108.70 21602 CASH REGISTER SERVICE 108.70 Total : 293.49 18231 8/2112009 002095 SPOKANE CO 4-H, TEEN ADVISORY GRi Refund REFUND OF DEPOSIT VALLEY MIS. 52,00 Total : 52.00 18232 8I2112009 000308 SPOKANE CO PROSECUTING ATTY 2nd Qtr 2009 CRIME VICTIMS COMP FUND 3,132.46 Total : 3,132.46 18233 8/2112009 000323 SPOKANE CO UTILITIES August 2009 SPOKANE COUNTY SEWER 1,606.07 Total : 1,606.07 18234 812112009 000406 SPOKANE REGIONAL CVB July 2009 LODGING TAX REIMBURSEMENT 18,000.00 Total : 18,000.00 18235 812112009 000405 SPOKANE VALLEY PARTNERS July 2009 OUTSIDE AGENCY REIMBURSEME 2,656.55 Total : 2,656.55 18236 8121/2009 002097 SPOKANE VALLEY QUILTERS GUILD Refuntl REFUND OF SHELTER DEP 52.00 Total : 52.00 18237 812112009 001083 STANDARD PLBG HEATING CONTROLS 26689 JULY 09 MAINT: PRECINCT 506.63 Total : 506.63 18238 812112009 002094 TRAVELERS INSURANCE Refund Refund of Deposit for Valley Mission 52.00 Total : 52.00 33 Vouchers for bank code : apbank Bank total : 343,454.64 33 Vouchers in this report Total vouchers : 343,454.64 Page: 3 vchlist Voucher List Page: 1 08I2512009 10:05:49AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 18239 812512009 000168 BLACK BOX NETWORK SVC 164687 SERVICE CALL FOR PHONES 978.14 Total : 978.14 18240 5125/2009 000796 BUDINGER & ASSOC INC M08218-7 42110 GEOTECH & MATERIALS TESTING 2,567,51 Total : 2,567.51 18241 8/2512009 001169 CITY OF SPOKANE VALLEY AUGUST 2009 PETTY CASH: 06931 & 06932 20.07 Total : 20.07 18242 8/2512009 000508 CONOCOPHILLIPS FLEET 2009 09: FLEET FUEL BILL 2,436.37 Total : 2,436.37 18243 8/25l2009 000629 EAGLE ICE-A-RENA 90-0043 42276 SUMMER DAY CAMP FIELD TRIP EI 228.00 Total : 228.00 18244 6125I2009 001003 GEOENGINEERS INC 0101820 42398 CONSTRUCTION SUPPORT SERVI( 1,531.75 Total : 1,531.75 18245 8125/2009 002090 GORDER, SALLY Refund REFUND DEPOSIT 52.00 Total : 52.00 18246 812512009 001054 MOBIUS KIDS 09-0024 42258, KINDERCAMP FIELD TRIP ENTRY F 34.50 Total : 34.50 18247 8/2512009 002091 NARVE, INC, CLAUDIA ROHLINGER Refund REFUND DEPOSIT 52.00 Total : 52.00 18248 8/25/2009 001035 NETWORK DESIGN & MANAGEMENT 17090 QUARTERLY SENTINAL BILLING 1,047.00 Total : 1,047.00 18249 8l25/2009 000153 ROLLER VALLEY 2219 42265 SUMMER DAY CAMP FIELD TRIP EI 202.50 Totai : 202.50 18250 512512009 000935 SERVICE PAPER CO 30446031 SUPPLIES: CP 48.32 Total : 48.32 18251 812512009 000230 SPOKANE CO AUDITORS OFFICE July 20009 RECORDING FEES 1,492.00 Page: 1 vchlist Voucher List Page: 2 0812512009 10:05:49AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 18251 812512009 000230 000230 SPOKANE CO AUDITORS OFFICE (Continued) Total : 1,492.00 18252 812512009 000172 SPOKANE CO ENGINEER VLY0906 COUNTY SERVICES 56,516.05 Total : 56,516.05 18253 812512009 000001 SPOKANE CO TREASURER 11001144 WATER LINE INSPECTION 6,782.69 11001149 WATER LINE INSPECTIONS 3,749.70 Total : 10,532.39 18254 812512009 001903 SPOKANE TRAFFIC CONTROL June 2009 42256 INDIANAlARGONNE TRAFFIC CONI 782.00 Total : 782.00 18255 8125l2009 000093 SPOKES MAN-REVI EW 21237 YEARLY SUBSCRIPTION 172.00 Total : 172.00 18256 8125/2009 002089 STATE FARM INSURANCE, NEL KRIER Refuntl REFUND DEPOSIT 52.00 Total : 52.00 18257 812512009 002092 THOMPSON, CHRIS Expenses EXPENSE REIMBURSEMENT 9.55 Total : 9.55 18258 812512009 002088 U-HIGH CLASS OF "64, CHARLIE MYERE Refund REFUND DEPOSIT 52.00 Total : 52.00 18259 812512009 001248 USKH, INC. 01151800-2 SURVEY'S: SPRAGUEIMCDONALD 250.00 Total : 250.00 18260 812512009 000766 YMCA OF THE INLAND NVII July 2009 JULY MGMT FEESIOPERATING EXf 98,590.00 Total : 98,590.00 820090021 812012009 001865 MORGEN & OSWOOD CONSTRUCTION Pay App #9 42219 BRIDGE CONSTRUCTION 253,207,73 Total : 253,207.73 23 Vouchers for bank code : apbank Bank total : 430,853.88 23 Vouchers in this report Total vouchers : 430,853.88 Page: 2 vchlist Voucher List Page: 1 0812512009 3:04:54PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 18261 8/25/2009 002101 FLINT SERVICES 908005 WATER TRTMT : NEW CONSTRUC" 163.05 Total : 163.05 18262 8/25/2009 001940 GROUP MOBILE INTL 10739 42419 GD-IRONIX GD6000 VECHICLE RU( 5,336.00 Total : 5,336.00 18263 8l2512009 001035 NETWORK DESIGN & MANAGEMENT 17058 JULY 2009 SERVER MAINTENANCE 3,282.50 17059 SYSTEM ENGINEER SERVICES 1,982.50 Total : 5,265.00 18264 8125i2009 000193 NORTHWEST CHRISTIAN SCHOOL IIVC 2nd Qtr 2009 CAM 2ND QTR 2009 CAM CHARGES 1,512.54 Total : 1,512.54 18265 8/25/2009 000307 OFFICE OF THE STATE TREASURER July 2009 STATE REMITTANCE 84,691.02 Total : 84,691.02 18266 8/2512009 000512 OFFICETEAM 24213146 STAFFING SVC: LASERFICHE 562.35 24213153 STAFFING SVC: LASERFICHE 521.60 Total : 1,083.95 18267 8/25/2009 000308 SPOKANE CO PROSECUTING ATTY July 2009 CRIME VICTIMS COMP FUND 1,110.07 Total : 1,110.07 18268 812512009 000081 'STATE OF WASHINGTON Penalty #602-251-431-6: 2ND QTR 09 PENAI 78.78 Total : 78.78 18269 8/25/2009 000964 VOLT 21181283 STAFFING SVCS: IT 672.00 Total : 672.00 9 Vouchers for bank code : apbank Bank total : 99,912.41 9 Vouchers in this report . Total vouchers : 99,912.41 Page: 1 vchlist VouCher LiSt Page: 1 0812812009 1:14:55PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 18270 8128/2009 001873 ACME CONCRETE PAVING INC RETAINAGE RETAINAGE RELEASE 36,083.01 Total : 36,083.01 18271 812812009 000160 ALLIED ENVELOPE C0. AUGUST 2009 PAYROLL ENVELOPES- - 78.50 Total : 78.50 18272 812812009 000150 ALLIED FIRE & SECURITY 215854 SERVICE CALL 1,512.37 Total : 1,512.37 18273 812812009 001012 ASSOC BUSINESS SYSTEMS 340786 COPIER COST: CD 118.31 Total : 118.31 18274 8128J2009 000918 BLUE RIBBON LINEN SUPPLY INC 9044769 LINEN SUPPLY AND SERVICE: CP 196.50 9046598 LINEN SUPPLY AND SERVICE: CP 444.86 S0072137 LINEN SUPPLY AND SERVICE: CP 37.72 Total : 679.08 18275 812812009 002104 CARR, CAROL REFUND DEPSOT REFUND 205.00 Total : 205.00 18276 812812009 002106 DENTON, YVONNE REFUND REFUND DEPOSIT 52.00 Total : 52.00 18277 812812009 000912 DEX MEDIA WEST AUGUST 2009 ADVERTISING: CP 225.00 AUGUST 2009 ADVERTISING: SENIOR CENTER 40.00 Total : 265.00 18278 812812009 002107 EDMO DISTRIBUTORS, LAYRA MILNER REFUND REFUND DEPOSIT 52.00 Total : 52.00 18279 8I2812009 001447 FREE PRESS PUBLISHING INC 32767 LEGAL PUBLICATION 42.54 32768 LEGAL PUBLICATION 51.85 Total : 94.35 18280 8l2812009 002105 GILMORE, MARIETTA REFUND REFUD DEPOSIT 52.00 Total : 52.00 Page: 1 vchlist Voucner List Page: 2 0812812009 1:14:55PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 18281 8128/2009 000011 GREATER SPOKANE VALLEY 202885 ADVERTISING: CP 300.00 Total : 300.00 18282 8128/2009 000002 H& H BUSINESS SYSTEMS INC. JULY 09 COPIER COST 1,548.16 Total : 1,548.16 18283 8/2812009 001635 ISS FACILITYIEVENT SERVICES 21325 EVENT SVCS: CP 256.10 21336 EVENT SVCS: CP 197.00 21356 EVENT SVCS: CP 546.40 21376 EVENT SVCS: CP 7,136.00 21377 EVENT SVCS: CP 177.30 Total : 8,312.80 18284 812812009 001758 JAPANESE-AMERICAN CITIZEN LEAG REFUND REFUND DEPOSIT 52.00 Total : 52.00 18285 8/28/2009 002108 LARTZ, SHERI ANN REFUND REFUND DEPOSIT 52.00 Total : 52.00 18286 8I28/2009 000472 LAUVTON PRINTING 24987 PRINTING- RECEIPT BOOKS 576.11 Total : 576.11 18287 8/28/2009 000069 MERCIER, DAVID Expenses TRAVEL REIMBURSEMENT 623.96 Total : 623.96 18288 8/28/2009 001832 MT HOOD SOLUTIONS 0648628 CLEANING SUPPLIES: CP 316.75 Total : 316.75 18289 8/28I2009 000008 NORLIFT 55015811 CASTERS: PARKS 37.91 Total : 37.91 18290 8/2812009 000652 OFFICE DEPOT INC. 483697247001 OFFICE SUPPLIES 58.89 484313543001 OFFICE SUPPLIES: FINANCE 44.26 . 484770730001 OFFICE SUPPLIES: FINANCE 74.25 Total : 177,40 18291 8/28/2009 001904 OVERHEAD DOOR, INC 176341 SERVICE AT PRECINT 161.42 Page: 2 vchlist Voucher List Page: 3 0812812009 1:14:55PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 18291 812812009 001904 001904 OVERHEAD DOOR, INC (Continued) Total : 161.42 18292 812812009 000322 QWEST 509-921-6787 511 B PHONE SERVICE 51.36 509-922-70910606 PHNOE SERVICE - MISSION POOL 109.41 509-924-4707 7406 PHONE SERVICE- TERRACE VIEW 109.33 509-926-1840194B PHONE SERVICE- PARK ROAD PO 109.30 Total : 379.40 18293 812812009 000415 ROSAUERS 665475 SUMMER PROGRAM SUPPLIES 7.52 Total : 7.52 18294 8128I2009 001892 SKILLINGS CONNOLLY INC 6107 42230 REAL ESTATE SERVICES CIP 0088 16,398.62 Total : 16,398.62 18295 8l2812009 000459 SPOKANE CO TITLE CO CIP # 0088 ROW ACQUISITIONS/BROADWAY 1 15,300.00 Total : 15,300.00 18296 812812009 000311 SPRINT 326088106-021 WAPS FOR LAPTOPS 550.97 959698810-021 SPRINT CELL PHONES 997.83 Total : 1,548.80 18297 8/28/2009 000065 STAPLES BUSINESS ADVANTAGE 96831785 OFFICE SUPPLIES 569.02 Total : 569.02 18298 8128l2009 000419 SUMMIT LAW GROUP 42702 PROFESSIONAL SERVICES 960.00 43228 PROFESSIONAL SERVICES 72.00 Total : 1,032.00 18299 8/28/2009 001895 TAYLOR ENGINEERING INC #1 42378 ON-CALL INSPECTOR AUTOCAD D 283.47 #6 42278 SPRAGUE AVE RESURFACING #2 2,248.82 Total : 2,532.29 18300 8/2812009 001973 THE MASTERS TOUCH, LLC J92648 MAILING & PRINTING 59.79 PJ92648 POSTAGE 64.93 Total : 124.72 18301 8128l2009 001464 TW TELECOM 03083905 INTERNETIDATA LINES 1,673.63 Total : 1,673.63 Page: 3 CITY OF SPOKANE VALLEY - Request for Council Action Meeting Date: 09-08-09 City Manager Sign-off: Item: Check all that apply: ~ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending August 31, 2009 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: BudgetlFinancial impacts: Gross: $ 228,516.55 Benefits: $ 118,852.83 Total payroll $ 347,369.38 STAFF CONTACT: Raba Nimri ATTACHMENTS CITY OF SPOKr4NE 11ALLEY . , RequeSt ~or CoLICIcil Action . Meeting Date: September 8, 2009 City Manager Sign-off: Item: Check all that app1y: Z consent ❑ old business 0 new husiness ❑ public hearing - ❑ in#ormation ❑ admin. repvr# ❑ Pending Iegislation A~ENDA ITEM TITLE: In#ergovernmental Agreement for Cammute Trip Reductian GO1lERNlNG LEGISLATION: RCW 70.94 PRE1lIOUS COUNCIL ACTION TAKEN: The Council previously approved inter[ocal agreement C03-69 on November 12, 2003, interlocal agreement C05-1 ❑3 on September 13, 2005, and interlocal agreement C07-63 on August 15r 2007. BACKGROUND: The attached interlocal agreement is between Spokane Cvunt}r and the City of Spokane Valle}r, The agreemen# allows the Spokane Count}r Commute Trip Reduc#ion (CTR) department to retain the City's state-issued CTR tunds in return for devefoping, implementing, and administering CTR p1ans and ordinances for a[l affected employers within the City of Spvkane 1lalley. This agreement replaces the previous agreement, C07-63, wYrich expired on June 30, 2009. The agreement is for #wo years and expires vn .lune 30, 2011. The language belornr was modified to nnake it consistent with a#her agreements. These changes have been reviewed by the legal department. ■ Aclding language to Section G(Coinpliance wi#h 'Laws) ta ntake it clear that the County rvill rnake available alI our ree.ords to you relative fi~ our responsibilifies under the Intcrlocal Agreement. ~ 1Vlodifying Section 7 (Notices) sa that it is eonsistent with other interlocai agreeinents botween the Coun#y and City. ■ Adding additional Sections so fhat the Interlercal Agreemenfi is cansistent wi-th afher agreements between the Caurity and City such as (1) Section 11 (LiabilitY), Section 1.2 ( An#i- Ifickbach, Sectian 13 ( Venue StipulativnO Section 14 (Counterpar#s), Section 15 { SeverabllitY}, and SectiOn 16 ( RCW 39.34 Ftequired CIauses). R~COMMENDED ACTIQN OR MOTION: Move to approere the 2009 Intergovernmental Agreement betuveen Spokane County and the Ci#y of 5pokane Valley Regarding Commute Trip Reduction lmplementativn. BUDGETJFINANCIAL IMPACTS: The County wou1d retain #he City's state funds of $68,625.72. If the agreernent was not apprvved the City vuauld have to dedicate #hese funds to the CTR prograrn and administer #he CTR pragrams of a11 affected emplo}rers in Spokane VaSley. STAFF CONTACT: illlargan Koudellca, Senior Adminisfrative Arralyst AT°f ACH ME hf TS 1. 9ntergovernmental Agreernent . INTERGOVERNMENTAL AGREEMENT Between Spokane County and the City of Spokane Valley Regarding Commute Trip Reduction Implementation THIS AGREEMENT, made and entered into this day of , 2009 by and between the City of Spokane Valley, a municipal corporation of the State of Washington; having offices for the transaction of business at 11707 E. Sprague Avenue, Suite 106, Spokane Valley, WA, 99206, hereinafter referred to as the "City" and Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at West 1026 Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as the "County," joinfily hereinafter referred to as the "Parties." WITNESSETH WHEREAS, the Washington State Legislature has adopted legislation codified in RCW 70.94.521 through 551, the purpose of which is to improve air quality, improve transportation system efficiency and reduce the consumption of petroleum fuels through employer-based programs that encourage the use of alternatives to the single occupant vehicle for commute trips and reduce vehicle miles traveled (VMT); and WHER.EAS, RCW 70.94.527 requires counties containing urban growth areas and cities and towns with "major employers," that are located within urban growth areas with a state highway segment exceeding the threshold of one hundred person hours of delay or jurisdictions that are located in contiguous urban growth areas, or are within an uxban growth area with a population greater than seventy thousand people that adopted an ordinance before the year 2000 or jurisdictions that are located in contiguous urban growth areas, or contain a major employment installation in an affected county to develop ordinances, plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips, and thereby reduce vehicle-related air pollution, traffic congestion and energy use, and WHEREAS, the County and each affected city within Spokane County have adopted Commute Trip Reduction Ordinances and must implement a Commute Trip Reduction (CTR) Plan for all major employers; and WHEREAS, the Washington State Department of Transportation has the statutory authority under Section 2 of RCW 70.94.541 to provide assistance to local governments serving the communities of the State for the purpose of implementing Commute Trip Reduction Plans and Ordinances; and WHEREAS, RCW 70.94.544 provides for distribution of funds for local CTR implementation efforts, and WHEREAS, Spokane County has entered into an agreement with the Washington State Department of Transportation under Agreement No. GCA6253, hereinafter referred to as Page - 1 "WSDOT Agreement," pursuanfi t~ which Spokane County is eligible ta receive a reimbursable ; amount of funds which the County wiil distribute to itseXf an.d cities to implement and administer Corrmute Trip Reduction Plans and Ordinances; and W~EREAS, pursuant ta the provisions of ~CW 70.94.527 (5), counties a.z1d cities may enter into agreements th.rough the I.n,terlacal Cooperation Act to coordinate the development arid implementation of Commute Trip Reductian Plans and Ordinances; and WH.EREA,S, Sgok,ane County has allocated $6$,625.72 to the City frorn #he grant Agreement No. GCA625 3which the City is now desizaus of making avarlable to the County to perform those tasks which are the respansibility of the City. NOW, THEREFORE, for and in consideration af the rnutual promises se't farth hereinafrter, and as authorized under chapter RCW 70.94.527 (5), th.e parties hereto da mutually agree as fo11ows: SLCtLOI] 1, ~UR-POSE The County has entered into a WSDOT Agr.eement with the Washington, State Deparfiment ofTransportatian under which it will receive $3 97,306 for two years. Th.~s funding is to be allacated ta the County and cities wit-hin Spakaaie County for their use in the implementatian and adrninistration of -their Commute Tzip Reduction Flans a.nd Oardinances. Ti-ie Caunty, based upan an allocation fon-nula established by the Washingtan S-tate Department of . Transportatian, has determined that the City shall receive $68,625.72 from the WSDOT _A,gareement from which it shall perform certain tasks. The Czty agrees to its proportionate share of the,m.onies nzade available to the County in the VVSDDT A.greement and agrees to allow Spokane County to retain its proportianate share in consideration ofthe County perfarming those tasks as mare particularly set farth in At-tachrnent "A" attached hereta and incorpoxated herein by re.ference. In conjunction with allowing 1:he Couuty to retain its propartivnate share af rnonies, the City will execut+e any and a11 necessary dacu.ments -which may be required by 1:k~e Washington State Department of Transpottation. It is understood by the parties hereto, that an ordex for the County to pearform those -tasks as set forth in Attachrnent "A" far the City, th~ City mtLsf perform certain tasks. Attac'hed hereto as Attachznent "B " and incorporated herein by reference, is a listin,g of tasks which th,c City agrees to perform in cailjunctaon with the County performing those taslcs set forth in Attac.hrnent IrA`1t Seetivn 2: DURATI[]N The County agrees ta provide thase tasks set farth an Section 1 and complete perforrning such tasks on or before June 30, 2011. SeCtion 3: TERMINAT~ON Paqe - 2 , The parties agree that this Agreement may be terminated by either party for material breach of any provision set forth herein, upon ninety (90) days advance written notice to the other party at the address set forth hereinabove. Provided, hovvever, the parties agree that any notification of termination shall set forth the specific provision(s) for which such notification is being provided and additionally, advise that if such default is cured within such ninety (90) day time frame, said termination notification shall be of no force and effect. In the event of termination, the County agrees to provide to the City all written documentation which it has completed to the date of termination under the terms of this Agreement. Additionally, the County agrees to return to the City that portion of the monies set forth in Section 1 hereinabove, which has not been expended by the county, prior to the date of termination; on the City's behalf in providing those tasks as set forth in Attachment "A." Provided, further, the parties recognize that the Washington State Department of Transportation in Agreement No. GCA6253, has retained the right to unilaterally terninate all or a part of such contract if there is a reduction of funds from the funding source. Accordingly, in the event that the Washington State Department of Transportation terminates all or part of the WSDOT Agreement with Spokane County, and such action affects the allocation of funds by the County to the City herein, and/or modifies the tasks to be performed hereunder, the parties will immediately meet to renegotiate the provisions of this Agreement. Section 4: DESIGNATION OF ADMINISTRATOR The County hereby designated Ms. Aurora J. Crooks, the Spokane County Transportation Demand Management Manager, as its designee for the purpose of administering and coordinating the County's responsibilities under the terms of this Agreement. Section 5: ACOUISITION/DISPOSITION OF PROPEIZTY The parties hereto agree that any real or personal property acquired by the County with those monies made available to the County by the City under Section 1 hereinabove shall be and remain the sole property of the County upon acquisition andlor termination of this Agreement. Section 6: COMPLIANCE WITH LAWS The County agrees to observe all applicable federal, state and local laws, ordinances and regulations including, but no necessarily limited to, the Americans with Disabilities Act and chapter 49.60 RCW, to the extent that they may have any bearing on performing those tasks for the City as set forth in Section 1 hereinabove. Additionally, the County agrees to comply with all applicable funding audit requirements of the Washington State Department of Transportation in conjunction with performing those tasks for the City. The County agrees to make available to the City or its duly authorized representative during normal County business hours and all records which it has kept in conjunction with providing those services for the City as set forth herein above. Paqe - 3 Section 7: NOTICES All notices or other commun.ications given under this Agreement shall be considered given on the day such notices or other communications are received when sent by personal delivery; or the third day following the day on which the notace or communication has been mailed by certified mail delivery, receipt requested and postage prepaid addressed to the other Party at the address set forth below, or at such other address as the Parties shall from time-to-time designate by notice in Nvriting to the other Party: CITY: Mayor or designee City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA, 99206 COUNTY: Board of County Commissioners Spokane County Courthouse 1116 West Broadway Avenue Spokane, Washington 99260 Section 8: HEADINGS ~ The section headings in this Agreement have been inserted solely for the purpose of - convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they appertain. Section 9: MODIFICATION No modification or amendment of this Agreement shall be valid until the sane is reduced to writing and executed with the same formalities as this present Agreement. Section 10: ALL WRITINGS CONTAINED HEREZN This Agxeement contains all the terms and conditions agreed upon by tlze Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. The City has read and understands all of this Agreement, and now states that no representation, promise or agreement not expressed in this Agreement has been made to induce the City to execute the same. Section 11: LIABILITY The County shall indemnify, defend and hold harmless the City, its officers and employees from a11 claims, demands, or suits in law or equity arising from the County's intentional or negligent acts or breach of its obligations under the Agreement. The County's , Paqe - 4 duty to indemnify sha11 not apply to loss or liabiliiy caused by the intentional or negligent acts of the City, its officers and employees. The City shall indemnify, defend and hold harmless the County, its officers and employees from all claims, -demands, or suits in law or equity arising from the City's intentional or negligent acts or breach of its obligations under the Agreement. The City's duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the County, its officers and employees. If the comparative negligence of the Parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. Where an officer or employee of a Party is acting under the direction and control of the other Party, the Party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other Party's of~'icer or employee's negligence. Each Party's duty to indemnify shall survive the termination or expiration of the Agreement. Each Party waives, with respect to the other Party only, its immunity under RCW Title 51, Industrial Insurance. The Parties have specifically negotiated this provision. Section 12: ANTI-KICKBACK No officer or employee of the City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Agreement. Section 13: VENIUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington. This Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any of its provisions, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. Section 14: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. Page - 5 Section 15: SEVERABII.ITY If any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the Stafie of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. Section 16: RCW 39.34 REQUIRED CLAUSES A. PURPOSE: See Section 1. B. DURATION: See Section 2. C. ORGANT7ATION OF SEPnRATE ENTITY AND ITS POWERS: No new or separate legal or administrative entity is created to administer the provisions of this Agreement. D. RESPONSIBILITIES OF THE PARTIES: See Agreement provisions. E. AGREEMENT TO BE FILED: The City shall file this Agreement wifih its City Clerk. The County shall file this Agreement Nvith its County Auditor or place it on its web site or other electronically retrievable public source. - F. FINANCING: See Section 1. G. TERMINATION: See Section 3. H. PROPERTY UPON TERMINATION: See Section 5. Paqe - 6 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON Todd Mielke, Chair CITY OF SPOKANE VALLEY By: Mark Richard, Vice Chair David Mercier, City Manager Bonnie Mager, Commissioner ATTEST: Title: ATTEST: By Daniela Erickson Clerk of the Board Page - 7 Exhibit I Funding Allocation Methodology RCW 70.94.544 authorizes the CTR Board to determine the allocation of program funds made available for the purpose of implementing CTR plans. The fiinding allocated for local implementation of CTR activities in July l, 2009 through June 30, 2011 is based on the decision taken by the CTR Board at its Nlay 29, 2009 meeting. At that meeting, the CTR board decided to allocate funding for the period between July 1, 2009 and June 30, 2011. For the period between July 1, 2009 and June 30, 2011, funding will be allocated based on the decision of the CTR Board according to its funding policy. base trips to fiscal year biennial county worksites funding reduce VMT to reduce trip funding total total Clark 61 $88,450 1,385 9,307,200 $18,209 $106,659 $213,318 King 534 $774,300 13,354 89,738,880 $175,571 $949,871 $1,899,742 Kitsap 28 $70,000 985 6,619,200 $12,950 $82,950 $165,900 Pierce 73 $105,850 2,528 16,988,160 $33,237 $139,087 $278,174 Snohomish 106 $153,700 2,818 18,936,960 $37,050 $190,750 $381,499 Spokane 110 $159,500 2,978 20,012,160 $39,153 $198,653 $397,306 Thurston 76 $110,200 1,573 10,570,560 $20,681 $130,881 $261,762 Whatcom 22 $70,000 515 3,460,800 $6,771 $76,771 $153,542 Yakima 20 $70,000 333 2,237,760 $4,378 $74,378 $148,756 Distribution of worksites, trips reduced, and funding $3,900,000 percent of trips percent to of county percent of worksites reduce fundinE Clark 5.9% 5.2% 5.5% King 51.8% 50.5% 48.7% Kitsap 2.7% 3.7% 4.3% Pierce 7.1 % 9.6% 7.1 % Snohomish 10.3% 10.6% 9.8% Spokane 10.7% 11.3% 10.2% Thurston 7.4% 5.9% 6.7% Whatcom 2.1 % 1.9% 3.9% Yakima 1.9% 1.3% 3.8% Metrics Total worksites 1,030 Total trips to reduce 26,469 Total VMT to reduce 177,871,680 FY total for allocation $ 1,950,000 Base funding portion $ 1,602,000 Paqe - 8 ' Performance funding portion $ 348,000 $/trip $ 13.15 $NMT $ 0.002 $ Cost per worksite $ 1,450 1,893 Variables Minimum per county $ 70,000 Total $1,957,500 Paqe - 9 A1'TACHMENT "A" STATEMENT OF WORK The County will: 1. Promote consistency within all affected local government jurisdictions within Spokane Cotulty, while serving the City's specific needs. 2. Maintain and administer the City's CTR Ordinances and Plan. 3. Employ a full-time Transportation Demand Management Manager to administer the County's and City's CTR Plans and Ordinances. 4. Take reasonablc measuxes to identify and nofiify a11 affected employers within the County. 5. Assist each affected employer within the City in preparing a program and promoting the principles of Transportation Demand Management (TDM) with the employer's employees. 6. Maintain an appeals process consistent wiih RCW 70.94.537(2)(e) by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver or modification of those requirements and criteria for determining eligibility for waiver or modification. Within 30 days from the date of approval, submit to WSDOT the name and employer identification code for any worksite that has been granted an exemption. Include information about the duration of all exemptions and information on the type of modification granted. 7. Submit to Washington State Department of Transportation periodic progress reports summarizing the overall CTR implementation costs incurred by the County and shall be reported in a format provided by WSDOT. 8. Provide WSDOT wifih a public hearing notice and copies of any proposed amendments to the CTR ordinance, plan, and/or administrative guidelines within the first week of the public review period and final copies of all actions within one (1) month of adoption. 9. Coordinate and administer baseline and measurement CTR employer surveys. Provide ernployer survey assistance, training and state-supplied survey forms. 10. Notify Washington State Department of Transportation prior to sending any surveys to University of Washington for processing. The notification must include the name of the Page - 10 worksite, employer identification code and type of survey for each survey being submitted for processing. The notification shall be submitted as an electronic spreadsheet via electronic mail. The County agrees to wait for confirmation from WSDOT prior to sending or delivering the surveys for processing. 11. Provide WSDOT with updated lists of affected worksites and jurisdiction contacts on a periodic basis or as requested by WSDOT. These updates will be submitted electronically in a format specified by WSDOT. 12. Continue to monitor the programs of each of the affected employers in the City to determine compliance with the CTR Ordinance and Plan. Complete annual review of employer CTR programs including a deternunation as to whether the employer is acting in good faith to meet the goals established by the CTR Law. Submit to WSDOT one elecfironic or hard copy of any approved employer annual reports. 13. Provide on-going support to all employer designated Employee Transportation Coordinators (ETCs) and assist ETCs in facilitating regular employer networking opportunities and obtaining information necessary to perform their duties including information materials that explain a range of ineasures and activities to encourage employee use of commute alternatives. 14. Market available services to affected employers to assist in accomplishing CTR goals. 15. Work collaboratively with and provide technical guidance and support to employers in developing successful CTR programs. 16. Conduct at least one Basic ETC Training Course per year, using WSDOT-provided ETC Handbook and other training materials reviewed and approved by WSDOT. 17. Provide employers with written information on basic requirements of the CTR ordinance and goals set forth in approved CTR plans. . 18. Attend transportation or health/benefits fairs at affected employer worksites to encourage high-occupancy vehicle commuting and promote the employer's CTR program. 19. Design, construct and distribute worksite Commuting Options Boards. Provide professional materials such as brochures, flyers, posters, newsletters, clip art and other tools to assist employer implementation of worksite CTR programs. 20. Provide all affected empioyers with the WSDOT-approved "Program Description & Employer Annual Report" form. Ensure completed reports are submitted by affected employers to meet applicable deadlines. 21. Submit to Washington State Department of Transportation periodic invoices along with , progress reports that accurately assess the progress made by County, on behalf of City, in implementing RCW 70.94.521-551. Paqe - 11 Report contents incXude: a. DetaiXed sutrmary of CTR events aurld projects, including implementati,on assistance provided to affected erriployers within the City, b. Actual total CTR expendi,tr.ires used by the County for a11 state CTR funds expended by the Caunty during -lhe previous quarter for the purpose of CTR irnplemen,tatian using WSDOT pre-appr4ved f4rmat; c. Updated list of affecteci erxzplayers and worksites (electronic); d. Tota1 raumber of worksites by jurisdictian; e. L-ist of sites which have applied for exemptions or modifications; f. Hard copies of any employer annual reports approved during quarter. 22. Fstablish and maintain baoks, records, dvcurnen-ts and other evidence and accounting pracedures and practices suff cient ,to reflect properly all direct and indirect costs of wha,tever nature claimed to have been izacurred and anticipated to be incurred solely for the perf.orxnance of this Agreement. Establish and maintain a separate "CTR Accaunt" within Spokane County alvng with support.ing docurnentation such as payro1l and time recvrds, invoices, cantracts, vouchers or products praving in proper detail the nature a.nd prDprlety of the c11at'geS. 23. Participate in local irnplementation of statewide CTR ptiblic awareness and recognitinn progxams develvped by Washington 5tate Department of Transportatian. 24. Dfifer recam.mendatians to the City far policies on parking and site design which will -e-ncauzage the use of alternatiue transportatioi-i m.odoes. 25. Encourage emplayers t4 deuel,op site designs and irnprovements to office and industria1 sites that pramote the use oFa1€ernative transportation modes. 26. Assist Washin,gtan State Depaz-trnent of Transpartation with CTR evaluation. 27, Offer and assist with the rnarketiung of the sfia,tewide Rid,eshareOnline.com,, electronic ridematching service. 2$. Serve as liai,son between Washington State Department of Transporta#ian and cities, towns, transit agencies and regiona1 transportation planni.ng vrganizations for the purpose of RCW 70.94.521-5 51. 29. Continue applying for fund,ing oppartunities to fiirther encou.rage the use of comxnute alternatives. Page - 12 ATTACHNIL, NT "B" STATEMENT OF WORK The City will: 1. Provide Spokane County with copies of any proposed amendments to the CTR Plan and Ordinance. 2. Provide Spokane County with copies of any CTR-related amendments to parking ordinances prior to public review. 3. Develop, implement and maintain its own CTR Program as an affected employer or as otherwise specified in the CTR Board Guidelines or RCW 70.94.521-551. 4. Reimburse the County for the services provided by this Agreement in an arnount equal to the City's share of the CTR funding as provided in RCW 70.94.544. Paqe - 13 CITY OF SPOKANE VALLEY - Request for Council Action Meeting Date: September 8, 2009 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: First Reading Proposed Ordinance 09-018, Property Tax for taxes to be collected in 2010. GOVERNING LEGISLATION: State Law PREVIOUS COUNCIL ACTION TAKEN: There has been discussion at study sessions regarding the anticipated amount of property tax revenue for the 2010 budget. A public hearing was held on August 11, to review 2010 projected revenues, including the property tax levy. BACKGROUND: State law requires the City to pass an ordinance in order to levy property taxes. The City is limited to a maximum of $1.60 per thousand dollars of assessed value. Staff expects the assessed value of the City of Spokane Valley to be near $7.06 billion. A tax levy as proposed in the 2010 budget would result in a tax rate of $1.54 per $1,000 of assessed value. It should be noted these estimates are based on the County's latest projections of assessed value. A change in the assessed value andlor a change in the amount of our proposed levy will change the tax rate. OPTIONS: This ordinance is required by law. The council could modify the ordinance to levy a rate different than the $1.54. Each one cent of levy rate, generates $70,000 more/less in property tax revenue. RECOMMENDED ACTION OR MOTION: Move to advance ordinance 09-018 to a second reading. BUDGETIFINANCIAL IMPACTS: This ordinance levies property tax for the City's 2010 budget year. We expect property tax revenues to be $10,799,500 (an increase of 2.9%) once growth in assessed value and state assessed properties have been included. Property taxes are expected to make up 20% of General Fund revenues. STAFF CONTACT: Finance & Admin. Services Director, Ken Thompson , ATTACHMENTS: Draft Ordinance 09-018 DRAFT , CITY OF SPOKANE VALLEY ' - SPOKA1VE COiNTY, WASHIIw'GTO1~ ORDnvANCE Nv. 09-018 AN ORD1NANCE OF THE CY'Y'Y I]F SPOKANE VALLEI', SP(]~~ ~OUNTY, WASI'IIlYGTQN, ~EVYINC THE 1~GULAR PR()PERTY TAXES FOR THE CXTY OF ~~OKANE Y i3LLJ:.rY3 ASHI.4; G.4 ON a.].1 ~~OKAly E CV UJ,;~~ ~~R THE Y.R~~~ ~OMPVIENCIN'G .TANUA.RY 1, 2010 TO PR[3VIDE REVEN-UE FOR, CITY SERVICES AS SET FCIRTH TN'THE CITY BUDGET. WHEREAS, S#ate law authorizes the City of Spokane Valley to leuy regular property taxes upon the taxable property within the corpora#e limits in order ta grovide revenue £or the 2010 General Fund budget offihe City; and WEEREAS, the City o-f Spokane Vailey is autharized to levy $3.60 per thnusand dallars of assessed valuation deductr-ng therefrom the highest levy callected by a Fire Disixic# within the Spokane Valley city limits and also deducting the Spokane Valley Library District levy; and , VaMREAS, RCW 84.52.020 requiires the City Cauncil on or befare the 34t" day of November tv certify budget estimates to the clerk of the Spokane County Saard of Corrrmissioners including a.moun#s to be raised by taxing properiy vvithin the limits of the City; and WHEREAS, the Gity Council pursuant to notice, held public hearings an August 11 ,September 8 and anticipates a hearing an Septernber 22, 2010 on the proposed budget estimates far 2010 including • revenue sources which will fund the provision o£City services, projects and activities. NOW, 7'HEREFORE, the City Cauncil of the City of Spokane ~Valle}r, Washington, da ordain as follows: Scc#ion 1. 2010 Levv Rate. There shall be and is hereby levied and imposed upon real ProPerty, personal property and utility property, as defined in ~CW Chapter 84.02 and 84.55,005 in the City of Spokane Valley, Washington a regular property tax fvr the year commertcing January 1, 2010 in the total amvunt a#` $10,799,500. It is recoanized #he City of Spokane Valley can levy $3.60 per thausand dolgars of assessed vaXue less the highest fire district levy within the City of Spokane Valley and less 'fihe library district levy. The regular property tax levied through this ordinance is for the purpase of receiving revenue to make payment upan the general indebtedness of the City of Spokane Valley, the general fund obIigations a n d for the payment o f services, projeats and ac-tiv itie s for the City d uring the 2 0 10 cal end ar ye ar. The purpose of this ordinance is tn establish the levy amvunt as permitted by law. The City expects the dollar amount of the property tax levy to be $10,799,500 which is $299s500 greater (2.9%) than the 2008 levy wh`rcli vvas oollected in 2009. Section 2. IVvtice t0 5oakane C+ountv. Pursuant to RCW 84.52.020, tTiie City Clerk shall certify to the County Legislative Autharity a true and carrec# copy of this ordinance, as weZl as the budget estimates adopted by the City Cauncil in order to provide for and direc# the taxes levied herein that shall be collected and paid to the City of Spokane Valley at the time and in the manner provided by the laws of the State of Washington. 4rdinance 09-018 Property Tax Fage 1 of 2 DRAFT 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 shal] not affect the validity or constitutionally of any other section, sentence, clause or phrase of this ordinance. Section 4. 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 this day of , 2009. Mayor, Richard M. Munson ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 09-01 S Property Tax Page 2 of 2 ~ ~ . CITY OF SPUKANE VALLEY Request for Council Action Meeting Date: September 8, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing ❑ information ❑ admin. report 0 pending legislation AGENDA ITEM TITLE: Proposed ordinance 09-019 confirming a 2.9% increase in the 2009 property tax levy for collection during the 2010 calendar year. GOVERNING LEGISLATION: State budget law PREVIOUS COUNCIL ACTION TAKEN: The 2010 proposed revenues were presented to the City Council at a public hearing on Aug 11. The public was invited to offer comment at that hearing. Additional public hearings will be held in September to consider the entire 2010 proposed . budget including property tax revenues. BACKGROUND: State budget law requires we make our revenue projections known and conduct a public hearing to consider input from the public. At the public hearing on August 11, special mention was made of property taxes. The City is required to pass an ordinance expressing our desire to levy a 2.9% annual increase in the property tax levy. This 2.9% property tax increase ($299,500) is included in the property tax ordinance which was discussed earlier this evening. With this increase in property tax, staff expects the property tax rate to be $1.54 for 2010. OPTIONS: State law requires an ordinance be passed confirming our desire to levy the allowable increase in property tax. A second option would be for the council to decide not to pass the ordinance and reduce the budget accordingly. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 09-019 to a second reading. BUDGET/FINANCIAL IMPACTS: The proposed ordinance increases the city property tax levy by $299,500 for 2010 operations. STAFF CONTACT: Ken Thompson, Finance Director . ATTACHMENTS: Proposed Ordinance 09-019 DRAFT CITY OF SPOKANE VALLEY - SPOKANE COUNTY WASHINGTON ORDINANCE NO. 09-019 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASffiNGTON, CONFIIZMING THE CITY PROPERTY TAX LEVY AT 2.9% ($2999500) IN EXCESS OF THE 2008 AD VALOREM PROPERTY TAX LEVY WHICH WAS COLLECTED IN THEi CITY 2009 FISCAL YEAR, PURSUANT TO RCW 84.55.120; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, State law authorizes the City of Spokane Valley to levy regular property taxes upon the taxable property within the City limits in order to provide revenue for the annual Current Expense Budget of the City; and WHEREAS, Initiative 747 (RCW Chapter 84.55) provided that cities with a population of over 10,000 persons can increase the amount of their regular property taxes annually by the lesser amount of inflation or 1% of the highest lawful levy, plus any additional value resulting from new construction, improvements and state assessed property; and WHEREAS, an increase in property tax revenue may be authorized by the City through adoption of a separate ordinance, pursuant to notice, specifically authorizing the increase stated in terms of dollars and percentage. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to utilize excess levy capacity of the City that resLilted from the tax levy in 2008 for the 2009 fiscal year. State law authorizes the City to increase its property taxes above the highest lawful allowable levy in a preceding year plus new construction, improvements and assessment of State owned property. The taxes received from the increased levy of $299,500 set forth herein, which are included in the regular property tax levy of $10,799,500 levied through Ordinance 09-018 are appropriated in the 2010 City Budget, to be adopted through Ordinance 09-024. Section 2. Findinizs. A. The City, following public hearings, will adopt a balanced Current Expense Budget that sets forth citizen priorities and promotes the health, welfare and safety of the City. B. The City published notice of this Ordinance through the procedure used to notify the public of regular Council meetings. C. To support the adopted Current Expense Budget of the City and provide for the delivery of services, the making of improvements and the promotion of the health, welfare and safety of the citizens, the City Cvuncil, after considering the financial requirements of the City for 2010, finds and determines that there is substantial need to include the 2.9% increase ($299,500) allowed by State law, within the ad valorem property tax levy of $10,799,500 which was adopted by the City Council on September 22, 2009 through Ordinance 09-018. Ordinance 09-019 Page 1 of 2 DRAFT Section 3. 2.9% Increase. Pursuant to RCW 84.55, the City, by adopting Ordinance 09- 018, imposed an increase in the regular property tax levy (in addition to the increase resulting from the addition of new construction, improvements and the increased value of State assessed property), in the amount of $299,500 which is a percentage increase of 2.9% from the 2008 Ad Valorem Property Tax Levy, which was collected in the City 2009 Fiscal Year. Section 4. Citv Clerk. The City Clerk shall certify a copy of this Ordinance and forward the same to the Board of County Commissioners and the Spokane County Assessors Office upon its passage. Section 5. Severabilitv. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. Section 6. Effective Date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. Passed by the Spokane Valley City Council this day of , 2009. Mayor, Richard Munson ATTEST: Christine Bainbridge, City Clerk Approved as to Form: - Office of the City Attonley Date of Publication: Effective Date: Ordinance 09-019 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 8, 2009 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: Ordinance 09-021 amending Ordinance 09-012 GOVERNING LEGISLATION: RCW 36.70A PREVIOUS COUNCIL ACTION TAKEN: See attached ordinance BACKGROUND: Ordinance 09-012 adopted books one, two, and three of the Spokane Vallev- Spraque and Applewav Corridors Subarea Plan. This Ordinance amends Ordinance 09-012, removing book one which, as recommended by the Planning Commission, was considered an amendment to the Comprehensive Plan. The other proposed changes reflect the amendments _to ordinance 09-013 and includes a reference to the Spokane Valley Municipal Code Sections 19.30.010 and 020 governing this action. OPTIONS: Advance to second reading or provide direction to staff RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 09-021 to a second reading. BUDGET/FINANCIAL IMPACTS: No direct budget impacts STAFF CONTACT: Mike Connelly ATTACHMENT: Ordinance No. 09-021 I CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ~ ORDINANCE NO. 09 _=4L 21 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COi.TNTY, WASHINGTON, ADUPTING THE SPOKANE VALLEY SPRAGUE APPLEWAY CORRIDOR SUBAREA PLAN, AMENDIIVG ORDLNANCE 09-012 AND AMENDING ORDINANCE 07-015 AND AMENDLNG SPOKANE VALLEY MUNICIPAL CODE (SVNiC) 19.110, Al`'D 19.20.020, A1rTD ESTABLISHING NEW ZONING DISTRICT BOUNDARIES. Whereas, the Spokane Valley City Council adopted the Comprehensive Plan pursuant to Ordinance 06- 027 on Apri125, 2006; and W6ereas, the Spokane Valley Comprehensive Plan has been amended pursuant to the following ordinances: ~ 06-020 Amending Comprehensive Plan Procedures, 9-12-06 07-026 Adopting Comprehensive Plan Text and Map Amendments, 12-18-07 08-011 Amending Comprehensive Plan Text and Map, 07-15-08 09-008 Amending Comrnrehensive Plan Text and Map, 05-12-09;-: 09-013 Arnendine Comnrehensive Plan Man. 10- 1-09 09-*Amending Comorehensive Plan Tcxt and Man, 14-1-09: and W6ereas, the Spokane Valley City Council adopted the Uniform Development Code pursuant to Ordinance 07-015 on September 27, 2007; and ~ Whereas, the Spokane Valley Uniform Development Code has been amended pursuant to the following ordinances: 07-025 Ernergency Ordinance Amending UDC Title 19, 11-07-07 07-027 Adopting Zoning Map Amendmeats, 12-18-07 08-006 Amending Interim Qrdinance 07-025, 04-08-08 08-012 Amending Zoning Map Changes, 07-15-0$ 08-017 Ordinance Amending Height Requirements in 19.70.010 & 020, 08-26-08 09-002 Amending SVMC Title 20, 03-11-09 09-005 Airpori Overlay, 04-14-09 09-006 Amending 08-012, Zoni.ag Map Chaages, 03-24-09 09-009 Amending Zoning Map, 05-12-09 09-010 Amending Title 17, 19 and 22, OS-12-09;--a:-id 09-012 Adoptin~ the S o~kane Valle-~ Sprague and Applewav Corridors Subarea Plan. 14-1-09: and Whereas, the City of Spokane Valley began the planning process to develop the Spokane Va11eY Sprague and A„pplewav Corridors Subarea Plan. hereinafter "Subarea Plan" and amendment to the Comprehensive Plan and Map in July of 2006; and . Whereas, the City of Spokane Valley initiated a Planned Action Review under RCW 43.21C.031 (2) for a portion of the "Subarea Plan- on June 10, 2008; and WhereaS, the . ek..: ' y . g • e and . ~ - Subarea Plan and amendment to the Comprehensive Plan and Map has been developed in conjunction with the annual re~-iew of the ~ Urdinance 09-,:~~ ' 021 Page 1 of 16 Comprehensive Plan adopted by the Spokane Valley City- Council on December 18, 1007. JulY 15, 2008 and Mav 19, 2009: and ~ Whereas, the Subarea Plan and proposed amendment to the Compreheasive Plan and Map «'as submitted to the Planning Commission on February 14, 2008 for considerarion, a copy of which is on file with the Citv Clerk; and Whereas, the Planni.ng Commission reviewed the pmposed Subarea Plan and proposed amendmeot to the ~ Comprehensive Plan and Map, held public hearings and deliberated, thea forwarded their recommended cllanges to tbe Spokane Valley City Couneil on July 29, 2008, a copy of which is on file with the City Glerk; and Whereas, the City Council, aftc;r public hearings and deliberation amended the proposed Subarea plan ~ and proposed amendment to the Comprehensive Plan and Map, a copy of which is on file with the City Clerk, then held additional public hearings, then again deliberated; and Whereas, the City Council recommended additional changes after deliberation, a copy of which is on file with the City Clerk, and which are incorporated in the final draft of the Subarea Plan and atnendment to ~ the Comprehensive Plan and Map; and ~ Whereas, the City Council held a first reading on ~~-rdinance 09-012 on May 26, 2009, and allowed additional public cumment: and ~ Whereas, the City Cauncil held a second reading on r,::---0rdinance 09-012 0o June 16, 2009, and allowed additional public comment; and Whereas: public participation and notice for the adoption of the Subarea Plan and amendment to the ~ Comprehensive Plan and Map is required as set forth in RCW 36.70A.035 and RCW 36.70A.140; and Whereas, the City of Spokane Valley is required to notify the Department of Community Trade and ~ Economic Development of its intent to adopt the Subarea Plan and amend the Comprehensive Plan and Map at least sixty (60) days prior to final adoption pursuant to RCW 36.70A.106; and ~ Whereas, the Subarea Plan is to be implemented through an amendment to the Comprehensive Plan and Map and an amendment to the Uniform Development Code, speciFcally SVMC Title 19; and Whereas, amendments to the Comprehensive Plan are made pursuant to the provisions of RCW 36.70A.130; and ~ Whereas, adoption of the Subarea Plan and ameodment to the Comprehensive Plan and Map must comply with the requirements of the State Environmental Policy Act ( SEPA) as set forth in RCW 43.21 C. NOW, TIIEREFORE, the City Council of the City of Spokane N'alley ordains as folloNvs: Section 1: Adoption of FindinQS of Fact. The City Council of the Git}• of Spokane Valle), finds that all Growth Management Act (GMA) and other statutory prerequisites for the adoption of the City of Spokaae Valley's amendment to the Uniform Development Code have been met and hereby adopts the following: FIl`'DINGS OF FACT ~ Urdinance 09-1.1 . '--021 Page 2 of 16 . 1. Mandate to Plan under GMA: the City of Spokane Valley is a city that falls under the full mandates of the GMA as of the date of the City's incorporation on March 31, 2003. 2. Consistency with GMA Goals: T'he Amendment to the Uniform Development Code adopting the Subarea Plan attached hereto is consistent `vith the Planning Goals set forth in RCW 36.70A.020. 3. The Washington State Growth Management Act; specifically RCW 36.70A.080, authorizes the preparation of Subarea Plans. 4. This amendment to the Uniform Development Code adopting the Subarea Plan is consistent with the City of Spokane Valley Comprehensive Plan, which generally directs the formation of a subarea plan for the Sprague Appleway Corridor, calls for the transformation of the Sprague Avenue Corridor into a quality mixed-use area; supports creating an identifiable City Center that serves as the social, cultural and economic focus of the City; calls for land uses and zoning that supports and complements an Auto Row area; and seeks a balanced transportation network that accommodates public transit, pedestrians, bicycles and automobiles. 5. This amendment to the Uniform Development Code adopting the Subarea Plan is consistent with the following specific provisions of the Comprehensive Plan: a. 2.2.1 City Center Plan - This scenario presents concepts and strategies for creating a definable and vibrant "City Center " for the City of Spokane Yalley. The purposes of creating a Spokane Yalley City Center are: 1. Create an identifiable city center that is a social and economic focus of the City; 2. Strengthen the City overall by providing for long-term growth in employment and housing; 3. Promote housing opportunities close to employment and ser-vices; 4. Develop land use patterns that support the development of a more extensive regional transportation system, whatever the ultirnate configuration may be; 5. Reduce dependency on azrtomobiles; 6 Consume less land with urban development; 7. Maximize the public investment in infrastructure and services; 8. Provide a central gathering place for the community; and 9. Improve the quality of design for development throughout the City. There are several reasons why a definable, vital City Center is important to Spokane Yalley's future. These include: 1. The development of a more intensive, multi-use city center is a natural step in Spokane Valley's evolution. Most new urban areas start out as bedroom communities. Retail and commercial uses then develop to serve the new residential population. Office and industrial activities next begin to locate at key transportation crossroads, adding jobs and strengthening the employment base. Spokane Yalley has experienced these - evolutionary phases and is now ready for a defined City Center. ~ Ordinance 09484a_M-*021 Page 3 of 16 2. Economic Development - Spokane Valley has an opportunity to transform itself from an _ essentially residential community with retail and service based economy to a sub- regional economic center with an expanded, more diverse employment base. 3. Commurrity Support - A survey of Spokane Yalley area citizens prior to incorporation overwhelmingly indicated that the lack of identifiable "downtown" and a community gatherang place was of concern to a majority of respondents. Community support was tested again when the city conducted a statistically valid survey in the spring of 2004. The support to create a City Center was reiterated throughout the community meetings held during the development of the comprehensive plan and the city's informal community survey. A discussion of the results of the city's survey is included in Section 2.10. The following could be components of the City Center: 1. Location: Generally located along the Sprague/Appleway corridor. 2. Size: Between 300 and 400 acres in size. 3. Streets: 1Vew streets could be added at every 200 to 400 feet to create an internal grid street system to provide an urban atrnosphere. 4. On-street parking would be provided on internal grid streets. 5. Ground floor retail on both sides of streets. 6 Building out to the edge of the right-of-way and include wide sidewalks to encourage a lively street scene. , 7. Office/Employment uses provided in high visibility locations with adequcrte parking and . adjacent to pleascmt surroundings such as open space, retail shops and services. 8. Multi family housing that is safe, secure, and located so that it is bziffered from traffic noise and provides a pedestrian ftiendly streetscape with connections to parks, schools, shopping, services and transit. 9. Civic/public uses sarch as city hall, community library, performing crrts center, city center park, green space or other public ztses that would attract people to dotivntown over an extended portion of the day. Other characteristics of this land use scenario include the following.• 1. "Auto-Row " Overlay - 7'he city has several new auto dealerships located along Sprague Avenzce. The majority of these dealerships are located between Argonne Road and Thierrrcan Road. Two dealerships are located just west of Dartmouth Road, near the U- City Mall. 1Vew car dealerships provide the city with sacbstantial sales tax revenue on one hand, on the other hand azrto dealerships can have a significant visual impact on a community and have somewhat unique needs related to development standards, such as signage cmd street frontage landscaping. This scenario recognizes these circumstances and designates the areas identified above appropriately, and provides policy direction for the implementing development regulations. 2. 1l7ixed-use - this scenario suggests reducing the strip commercial on Sprague Avenue by maintaining Community Commercial zoning only at major intersections such as Pines, EvergYeen and Sullivan Roads. Areas in between these commercial "nodes " would be designated as Corridor Mixed-use or some other appropriate designation, which would encozrrage conversion of these vacant and/or dilapidated commercial areas into areas of office%mployment, residential and specialty retail. I Ordinance 09 ^'''~~~`02l Page 4 of 16 b. 2.5.2 Commercial Designations 1. The City of Spokane Valley is Irome to several major netiv automobile dealerships. While these lurtd uses provide a positive economic impact orr the commuriity, they can also have less positive impacts on the aesthetics of the community. Auto dealerships typically have vast areas of pavement to store new and used vehicles for sale. These land uses also have unique requirements for landscaping and signage. Unlike marry commercial uses whose stock in lrade is contained within a building, it is necessary for auto dealerships to have their vehicles clearly visible from the street. This makes traditional street side landscaping (consisting of low growing shrubs and bushes, and trees) not viable for these uses. 2. An overlcry designation is being suggested raiher than a zo»ing district because the ' negative affects on the non-auto dealer uses in the area will be minimized or eliminated c. 2.5.3 City Center 1. The inter:t of establishing a City Center in Spokane Valley is to create a higher density, mixed-use designation where o„~`'ice, retail, government uses, and residential uses are concentrated. The City Center will also be located at one of the major hubs of the region's high capacity transit (HCTJ system. 2. The City Center encoirrages higher inten.city Irmd uses. T3-aditioncrl city ce»ters are places where diverse o,,~`'ice, retail, and government uses are concentrated, as well as cultural and civic facilities, community services and housing. Nationally, ►nany cities are advocatrng mixed-use development in city center core areas for a number of reasons, including: Providing new hoirsing, increasing the rtnige of hou,sing choices, and red:icing dependency on the automobile by bringing work places and residences into close proximity; Providing retail and service needs in close proximity to residetiiial and employment centers; Improvirrg feasibilit}, oJ a development project. The proximity of urbarr services makes housing projects more desirable and a nearby sotirce of consumers help make a commercinl project more viable. 3. Residenis cltoose to .,~-...z-.,.~..-~.- live in ltigher densin, QW housing for a variet}, of reasons. First, higher deirsit}, housing is more - - - ' affordable thcm ~ traditional single family housing. Second, tlre convenience and ~ proximity to work ~ - J : ~ ~ needed services and • r ~ ~ - , ~ , ' * ;r.~ ; cultural activities IS r - - very desirable for many people. Finatly, many people fnd that they do not need a large, single family detached house. Given their lifestyle, they appreciate the low n:aintenance and security of higher density living. There ~ Ordinance 094' 2"*021 Page 5 of 16 is a mutually supportive relationship benveen higher density residential uses and commercial and retail activrties. The presence of housing !he core area also activates the streets in the city center, day and nighl. 4. Concentrating growth in a specific area also supports nrvestment in public iiiftastructure including the regional HCT system. F.xisting low derrsity development does not generate strffrcient levels of demand to optimize the return on investment in transit. Promoting higher density uses withi» walkitig distance of transit facilities will improve the viability of this sigrtificant infrastructure investmertt. Moreover, concentrating the highest density of development in the Ciry Center, where a sigreificant number of jobs and residences will be within walking distance of a transit station, helps reduce the dependency on the autanobile and improves pedestrian n:obility. The City Center emphasues pedestrian, bicycle, and trartsit mobility but tivill not be unfriendly to the use of automobiles. 5. The City Center area will also be the central gathering place for the community - a place where the whole community can congregate and celebrate. Accordingly, the City Center should include an outdoor square, parl; or commons with amenities stich as fountains, sculptures, and unique landscaping. Other civic amenities or buildings including city hall or a performing rn-ts center could be grouped arourrd the core area square or park The City currently holds an annual Christmas Tree Lighting Ceremonry in the area designated us the City Center. Additional such events throughout the year will enhance the feeling of community in Spokane Valley. 6. An appropriate street network is a critical component of the City Center. The ctnrent net►vork of collector streets and arterials, the disjointed grid, and large block sizes cvntribute to a lack of identity in the City. The solution is not necessarily to construct wider streets. Streets become less efficient as the number of lanes increases. Building new streets versus widening existing streets can be »rore cost e,,~'f'ective, yields grealer capacity, and will have a more positive impact on the City Center. 7. Auiomobiles are likely to continue as a dominant n:ode of transportation for the foreseeable future. A comprehensive Ptetwork of streets must be developed to distribute this traffic and create more driving cjwices. To the extent possible, the City should conrrect streets and coiistruct new streets to form a tighter grJd system within the City C'errter, especially in the core area, by negotiating ne►t, public rights-of-way r.md building new streets. This "interconnectivity" serves to shorten and disperse trips, and consequenrly reduce travel on existing congested urterials. 8. Pedestrian and bicycle nrobility is a vital part of the future City Center transportation system. Improvements for pedestrians and bicyclists should support increases in transit sen►ices and promote the developmenr of the City Center. As the street system is developed to better accommodate the needs of pedestrians and bicyclists, a network of _facilities.for people on foot and hikes shozcld he estahlished. ~ Ordinance 09-f- 1""-` =021 Page 6 of 16 9. Reduci»g the sire of the street grid, improving aruto circulation a»d creating Pedestrian 1 i»kaSes through ~ ~ LL~Hi . larger parcels is critical to establish walking patterns = that reduce dependency on _ the auto. As individual sites . ~ crre designed cmd developed to be more pG'dBSh'IQi1 frie»dly and improved pedestriarl linkages Qre provided, the pedestricm ~~-•~,~6 system u-ill handle cm r-i increasing share oj trips. Special street design standards should be developed for tlre City Center. Special standards for extra-wide sidewalks (12 to 20 feel rn width), pedestricm-scale street lighting, and additional amenities inclcrdittg benches, trash rer.eptacles, and landscaped corner treatments should be incl udetl 10. Transforming the existing commercial core area i»to the proposed City Center is cpr ambitious task It requires a significcvrt transfornration from a!ow-density, automobile oriented, largely retail area, to a higher intensity; more pedestrian oriented Alrxed-use area. The City Center section of the Plcm acknowledges that the City Center will take some time to develop. The City can facilitate these changes through a series of small steps taken over time. This is especrally true if the steps arre consistent wilh emerging economic, social and demographic trends. As is the intent of this Plon, the phusing scenario presented here accounts for the timing of market projectiorrs and future actio»s. 11. As nated above, the implenrentation strategy is keyed to projected trends and regional planning goals. Its forni and character, as envisioned in this Plan, are dramatically different from anything that now exists in the proposed City Center area. It will take some time for the development con:mtmrty to redirect its errergy arrd investments to produce development that responds to the direction of the Plcrn. The demand for more interrse developme»t opportunities in the City Center is not forecasted within the next few years. In the meantime, the City shotild discourage continued low-scale investment in this area since new development will tnke several years to be crmortued, and Kprll delay the accomplishment of preferred development. As regula7ions are upplied to modest re»ovalions, it should be possible to gain some basic improvements. However, the City should not expect full implementation of the vision for the City Cenler until major property owners in the area are ready to install long-term, »iajor developn:ent projects. d. 2.5.5 M'~red-use Corridor Mixed-use - Corridor Mfxed-use is intended to enhance travel options, e»courage development of locally serving commercial uses, multi family apartments, lodging and offices along major transportntion corridors identified on the Comprehensive Plan Land Use Map (Mnp 2.1). Corridor Mixed-use recognizes the historical low-intensrty, auto-dependertt development pattern, and focuses on a pedestrian orientation with an emphasis on aesthetics cmd design. The Corridor Mixed-use designation is primarily used along Sprague Avenue in order to space the areas designated commercial. e. 2.7 Urbcm Design and Form ~ Ordinance 09-012At&021 Page 7 of 16 1. In addition to guiding development, the Land Use chapter also guides the quality and eharacter of ihe City's future development patterri through goals and policies related to the fornr, function, and appearance of the built environntent. These priorilies and implementation strategies, related to quality developnrent, serve and will continue to serve as a basis from which to develop appropriate implementation measures. The desigri of our urban environment has a significant effect on community identity. Well (lesigned comnrwrities contribute to a healthful, safe and sustainable errvironment that offers a variety of opportunities for housing and employment. An attractive and well plcmned community is invaluable when recruitirrg new business and industry to cm area Some of the corrcepts considered incl ude: ~ Commurriry appearance, including signs cmd placement of utilities; ~ Neighborhood considerations in the review of development projects; • Integration and linking of neighborhoods including bfcycle and pedestricrnfacilities; • The effect of traffic patterns and parking on neighborhood character; • Encouragemenl of high quality development through the appropriate use of plcmned irrrit developments; and • Consideration for public art. f. 2. ?.1 Aestlietic Corridors 1. Aesthetic corridors are intended to protect the visual appeal of Spokane Valley along nrajor transportalion routes entering and exiting tlie city. Aesthetic corridors provide special design standards for aesthetics along ma, jor tran.sportatiori routes to help create a qiiality image of Spokane Yalley. 2 4. Another component of aesthetic corridors is the "gateways" into the city. There are several entrrnices into the City of Spokane Valley along ntajor transportalion corridors, including Sprag7re Avenue, Trent Avenue, State Route 27 and a nrimber oJi»terchanges oti hrterstate 90. Desigir elements a»d landscaping trealments should denote a sense of «rrival into the City, a neighborhood or special area such as the cit)v center. g. 2.9 The Lcmd UselTransportatiorr Conneetion 2.9.1 Street Connectivity - Street design ca» have a significant impact on community clevelopment. It is importa»t that neighborhoods be connected is such a manner that cars, bicycles and pedestricros ccm pass with ease from one neighborhood to an adjacent neighborhood via collectors and arterials. Such a pattern promotes a sense of community. .All new developments should give special consideration to emergency access routes. h. 2.11 Goals and Policies C'UMMEK(.~IAL Goal LLIG-3 Transform various comnrercial business areas into vital, attractive, easily accessible mixed use areas that appeal to irrvestors, co»sunters and residents and enhance the contmunity image and ecoftontic vitnliry. Policies ~ Ordinance 09-~--'. ' 021 Page 8 of 16 _ L UP-3.1 Encourage transformation of Sprague Avenue Regional/ Community Commercial corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the Ciry Center, should be concentrated at arteYial intersections and designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged. LUP-3.2 Encourage large bulk retailers to locate in the designated Regional Commercial nodes around arterial intersections. Goal L UG-S Identify appropriate locations for the Auto Row Overlay designation. Policies LUP-5.1 Identify other appropriate automobile related uses within the Auto Row Overlay designation that are complementary to automobile dealerships. L UP-5.2 Develop appropriate development standar•ds for permitted uses within the Auto Row Overlay designated area. CITY CENTER Goal LUG-6 Create an identifiable City Center that serves as the social, cultural, and . economic focus of the City of Spokane Valley. Policies LUP-61 Define a City Center with distinct boundaries, unique building types, cmd special features. LUP-62 Strengthen existing connections of the City Center area to the region's high capacity transit system. LUP-63 Focus on improving the existing character and image of the City Ce»ter area through appropriate development regulations and design standards. LUP-64 Develop lcmd use regulations that allow higher intensity development in the City Center including, bzrt not limited to, taller bzrildings, increased floor area ratios (FAR) and permitted uses. LUP-6.5 Coordinate with urban service providers to ensure sufficient capacity is available . for anticipated development. LUP-6.6 Allotiv for a variety of uses and mixed-use development within buildings or complexes. Ensure that mixed-use development complements and enhances the character of the surrozrnding residential and commercial area. LUP-6.7 The City should always consider City Center sites regarding potential crvic and cultural uses the City develops, such as a City Hall. LUP-6.8 Provide incentives to attract cicltural and civic uses to the City Center over which the City does not have direct control, such as libraries or recreation facilities. LUP-6.9 Develop land use regulations that encourage higher density residential uses on the periphery of the City Center area in close proximity to high capacity transit. ~ Ordinance 0944~~ "021 Page 9 of 16 High density housing shoaild be accompanied by residentially oriented retail and service uses. LUP-6.10 Provide amenities such as community services, parks and public spaces to rrceet the residential needs in the City Center. LUP-611 Provide an effective transition between the periphery of the City Center and nearby lower density residential development. Goal LUG-7 Provide a balanced transportation network that accommodates public transportation, high occupancy vehicles, pedestrians, bicyclists, automobiles and integrated parking. Policies LUP-7.1 Improve traffic circulation around and through the Cfty Center by extending the street network and creating smaller blocks. LUP-7.2 Encourage pedestrian and bicycle circulation by providing public sidetivalks, street trees, street furniture and other amenities. LUP-7.3 Require clear and safe pedestrian paths to enhance the pedestrian network. LUP-7.4 Connect the main entry of bzcildings to public sidewalks by an identifiable walkway. LUP-7.5 Allow for on-street parking on the internal City Center street network. LUP-7.6 Encourage transit use by improving pedestrian cmd bicycle linkages to the existing and ficture transit system. Mixed-use Goal LUG-9 Encourage the development of Mixed-arse areas that foster community identity and are designed to support pedesirian, bicycle and regional transit. Policies LUP-9.1 The characteristics of a Mixed-use area should include: • Housing and employment densities to support regional transit service; • Public transit connections; • Safe, attractive transit stops and pedestrian and bicycle ways; -Buildings that front on wide sidetivalks with attractive landscaping, benches and frequent bus stops; • Multi-story barildings oriented to the street rather than parking lots; and • Parking space located behind or to the side of buildings or in parking strzcctures. LUP-9.2 The mix of land uses allowed in either the Corridor Mixed-use or Mixed-use , Center designation should include: - ~ Ordinance 09-912***021 Page 10 of 16 _ • A vcrriety of housing types including apartments, condominiums, town houses, two family and single family dwellings on small lots; • A full range of retail goods and services including grocery stores, theaters/entertainment, restaurants, personal services and specialty shops; • Public/quasi public uses cmd/or open space; • Professional Off ce and other employment oriented uses; and • Commercial uses that require large land areas but have low employment density cmd are auto-dependant, such as lumber yards, plant nurseries, warehozrses, and auto dealerships, should be prohibited frorn either Mixed-use category. Urban Design and Form Goals & Policies Goals LUG-14 Improve the appearance and function of the built environment. Policies LUP-14.1 Use performance and community design standards to maintain neighborhood character, achieve a greater range of housing options, and to create attractive and desirable corrrmercial and office developments. L UP-14.2 Adopt specific regulations for designated aesthetic corridors that.• • Provide incentives for aesthetic design; • Require landscaping ba ffers adjacent to roadways; • Limit sign height and size; • Provide performance standards to adequately screen intensive land uses thAt have exterior clutter such as outdoor storage, exterior heavy equipment and/or exterior fabricatiorr/assembly. • Prohibit off-premise signage and billboards. Land Use/Transportation Connection Goals & Policies Goal L UG-16 Provide a street system that connects neighborhoods. Policies LUP-161 Encourage new developments, including multifamily projects, to be arranged in a pattern of connecting streets and blocks to allow people to get around easily by foot, bicycle, bus or car. i. 10.3 Neighborhood Goals & Policies Goal ~ Ordinance 09-91-2***021 Page 11 of 16 NG-2 Preserve and protect the character of Spokane Valley's residential neighborhoods. Policies NP-2.1 Maintain and protect the character of existing and futarre residential neighborhoods throzcgh the development and enforcement of the City's land use regulations and joint plartning. NP-2.2 Review and revise as necessary, existing land use regulations to, accessory dwelling units, and in-fill development. NP-2.6 Establish appropriate design guidelines with buffer zones and transition requirements to protect residential neighborhoods ,from incompatible land uses and adverse impacts associated tivith arterials, ff-eeways and rail corridors. Goal NG-3 Encourage neighborhood/sub-area planning for commercial, industrial cmd mixed use properties to enhance the quality, vibrancy and character of existing developrnent. Policies 1VP-3.1 Establish regulations and identify potential incentives that encourage multi-use areas that integrate a broad range of appropriate and compatible land arse activities, and encourage the development and redevelopment of land in conformance with the SVCP. 1VP-3.3 Encourage commercial development that is designed and scaled in a manner that is compatible with surrounding neighborhoods. 6. This amendment to the Uniform Development Code adoptin2 the Subarea Plan is also consistent with the amendments to the Comprehensive Plan and Map adoated bv Ordinance 09-** 6-.7. The City of Spokane Valley has provided notice and engaged in a public process to ensure citizen participation pursuant to RCW 36.70A.035, RCW 36.70A.130 and RCW 36.70A.140. The specific public meetings are set forth below. The notice provided and meetings identified constihtte early and conti.nuous public participation in the development and adoption of the ~ Subarea Plan and amendment to tlle Comprehensive Plan and Map: CITY OF SPOKANE VALLEY Sprague/Appleway Plan - Public Participation Log MEETING TYPE (i.e. E :DATE city council, planning LOCATION TOPIC commission etc ~ 7/19/2006 ~ Focus Group Meetings ~ Center Place ~ Plan concepts ~ 7/20/2006 ~ Core Team Meeting ~ Center Place ~ Focus Group Meetings, City Center ~ 9/13/2006 ~ Community Workshop ~ Decades ~ City Center Concept ~ 9/14/2006 ~ Core Team Meeting ~ City Hall ~ City Center update Joint 9/14/2006 CounciUCommission City Hall Plan update, City Center concept ~ Meeting ~ Ordinance 09-W2"=`021 Page 12 of 16 MEETING TYPE (i.e. E :DATE city council, planning LOCATION TOPIC commission, etc 9/23/2006 ~ Valleyfest ~ Mirabeau Park ~ Plan overview 10/2/2006 ~ Core Team Meeting ~ CenterPlace ~ Land Use Pattems 10/10/2006 ~ Rotary Meeting ~ Mirabeau Hotel ~ Plan overview by the Mayor Valley Business Fire District #1 10/11~2006 Association Admin Office Plan overview by the Mayor 10/11/2006 ~ Community Workshop ~ Decades ~ Centers and Segments, Land Use Patterns 11/30/2006 Auto Row Focus Grou City Hall, second Land use in Auto Row P Floor 11/30/2006. ~ Communzty Workshop ~ Decades ~ Transportation Hands On 12/1/2006 ~ Core Team Meeting ~ Center Place ~ 12/13/2006 Spokane Valley Business Fire District #8 Plan update by Scott Kuhta Association 1/16/2007 Core Team Meeting City Hall, second Community Workshop , floor 1/16/2007 ~ Community Workshop ~ Decades ~ Circulation Pattems 2/5/2007 ~ WSU Architect Students Corridor discussion 2/9/2007 APA Brown Bag CenterPlace Corridor discussion Luncheon Joint City CounciUPlanning CenterPlace Study Session presentation of complete 3/1/2007 Commission Study recommendation Session 3/5/2007 ~ WSDOT Presentation Transportation recommendations 3/6/2007 Chamber Luncheon Percy's Cafd Complete recommendation of corridor plan Americana Air in October Rich Munson and Scott Kuhta were both interview 2007 and Comcast Local Edition City Center/ SARP for Comcast Local Edition for airinc, on CNN November Headline news. 2007 City Council special Michael Freedman present possible Master Plan 10/2/2007 meeting City Hall update to include the Library on the west side of University 10/16/2007 ~ Kiwanis Meeting ~ Sheri's Restaurant ~ Scott Kuhta, presentation of the plan 11/20/2007 ~ Joint CC/PC meeting ~ City Hall ~ Present the public hearing draft of the sub-area plan 12/6/2007 Spokane Greater Chamber percy's Caft Present Subarea Plan to Chamber members of Conxrierce 1/18/2008 ~ Developer's Forum ~ Council Chambers N Education regarding regulations of Subarea plan 1/23/2008 Community Education Council Chambers Education regarding regulations of Subarea plan Workshop 2/14/2008 Open House Council Chambers Open discussion answer questions regarding regulations of Subarea Planning Commission Presentation of regulations and education of 2/14/2008 meeting/ Coxnmunity Council Chambers kshop regulations regarding Subarea plan Education Wor Joint City Council, Presentation by Michael Freedman and Troy Russ 2/19/2008 Planning Commission Council Chambers regarding new SRTC model figures - transportation Meeting and Book III 2/27/2008 plannl°g Commission Council Chambers Review of the Subarea plan in preparation for Study Session Public Hearing 3/13/2008 Planning commission Council Chambers Public Hearing Public Heari.ng , ~ Ordinance 09-912"A021 Page 13 of 16 1►vIEETA~G TYPE (i.e. - ' [:1D):AT:)FE: city council, planning LOCATYON TOPIC commission etc 312412008 Planning Commission Council Chambers Can't Public Hearing Public Hearing ~ 3127l2048 ~Planning Commission f Council Chambers ~ Deliberatians ~4I101200$ ~Planniztg Cobn.mission Council Chambers ~ neliberations ~ 411712045 ~ PlarmuYg Commission Council ChaFnbers ~ Delibera-~ivns ~412412008 ~ Platloing Cannrnission ~ Council Chambers ~ Deliberations ~ 511f2049 ~ Planning Cornmission Council Chambers Deliberations ~512212008 ~ Planning Comnission ~ Council Chambers Deliberati€ans ~6/512008 ~ Planning Carnniission ~ Council Chambers ~Deliberations ~61121200$ ~ Planning Cotnmission Council Chambers ~ Deliberations ~612612008 ~ P]azlning Carnmission ~ Council Chambers ~❑eliberations 712912008 City Council Public CenterPlace P-ubaic Hearing H earing 811912008 City Council Fublic CenterFlace Fublic Hea.ririg H e aring ~ 812612005 ~ City Cou.ncil ~ Council Chambers ~Deliberations ~ 91212008 ~ Cit}f Council ~ Council Chambers ~ Deliberat.ions ~ 91912008 ~ City Cauncil Council Chanabez's k Deliberations 912312408 ~ Cit}r Council ~ Council Chambers ~ Deliberations 9130I2008 City Council ~ Council Chambers ~ Deliberations ~ 1012112008 City Council Council Chambers ~ Deliberations ~ 1 10I281200$ ~ City Cauncil ~ Council Chambers DeliberatxODs ~ . , 1 1212f2008 ~ City Council ~ Council Charnbexs Deiiberatians ~ 1211612048 ~ City Council ~ Council Charnbers ~]]elibexatians ~ 1213012008 City Council ~ Council Chambet-s ~ Deliberations ~ 1f612009 ~ Cit}1 Council ~ Council Chambers ~ Deliberations 1112I2009 City Council ~ Council Chamhers ~ Deliberations ~ 1113l2009 City Council Council Chamhers ~ Y7eliberations ` ~ 112612409 IC1ty COU11G91 Council Chambers ~ Delxberatians ~ 213f2009 ~ City Council Council Chambers ~ Deliberations 212412009 ~ City Council ~ Council Charnbers j Deliberations ~3/3f2009 ~ City Council ~ Council Charnbers ~ Deliberatians 3124I2009 Cxty Council ~ Council Charnloers ~ Deliberations 412812009 City Council Pu,blic CenterPlace Public Hearing Hea.ring ~ 5f512009 ~ Cifiy Council Council Chambers ~ SARP I]iscussivn ~5f I9f2009 ~ City Council Council Chambers DeliberatYans ~ 5f2612009 ~ Cib; Council ~ Cauncil Chambers Deliberatiozis ~ ~8. The Subarea ;plan and amendment to the Comprehensive Plan and Mag have been gxovided to the Community Trade and Ecanomic Develaprrtent Departrnent pursuant to RCW 36.70A.106 an January 23, 200 S. ~ &9. The amendment to the LTnifornn Development Cade adopting the Subarea Plan is made pursuant to and consistent with the pravisions vf RCW 36,70A.040 to implement t-ie provisions of the Comprehensive Plan. ' 910. The City of Spakane Valley has complied with the reguirements of RCW 43.21C,, specifically by , . using tlxe integrated SEPA pracess pursuant to SEFA rules, (WAC 197-I1-210, 224, 228, 230, 232 and 235). The documents and dates of issuance are as fo1lows: Drdinance 09-04~~~Lu21 Page 14 af 16 a. Adopted existing environmental document (Draft and Final EIS prepared for Spokane Valley Comp Plan), signed January 18, 2008. b. Issued Draft Supplemental Environmental Impact State (DSEIS) on January 18, 2008. c. Issued Addendum to the DSEIS on May 20, 2008, to incorporate updated transportation analysis. d. Issued Final Supplemental Environmental Impact Statement (FSEIS) on June 19, 2008. 4-911. As part of its review and deliberations, adoption of the Subarea Plaa and amendment to the Comprehensive Plan and Map, the City Council has reviewed the documents filed for record, which are on file with the City Clerk. 4412.The adoption of this amendment to the Uniform Development Code adopting the Subarea Plan is necessary to protect the health, safety, and `velfare of the general public and the environment. 13. The amendment of the Comnrehensive Plan and Man and the adontion of the Subarea Plan is consistent with SVMC 19.30.010, 020. ~ Section 2: Amendment to the Uniform Develonment Code SVMC Chaoter 19.110. The Uniform Development Code, specifically SVMC Chapter 19.110 is hereby amended as follows: SPECIAL OVERLAY ZONES Sections: 19.110.020 Spokane Valley Sprague and Appleway Corridors Subarea Plan All land use and development applications defined in SVMC 17.80.020 and SVMC 19.10.020 for property contained within the Spokane Valley - Sprague and Appleway Corridors Subarea Plan Area shall be governed by the terms and provisions of that Subarea Plan which is incorporated herein by this reference and attached as Appendix D. This subarea plan shall also supersede development standards set forth in chapter 22.50, Off-Street parking and Loading Standards, 22.60 Outdoor Lighting Standards, 22.70 Fencing, Screening and Landscaping, and 22.110 Sign Regulations except for those regulations that are specifically incorporated by the Subarea Plan. Section 3: The Spokane Valley Sprague and Appleway Corridors Subarea Plan is attached hereto as Eachibit A, and by this reference adopted and incorporated herein and codified as Appendix D to the Uniform Development Code. Section 4: Severabilitv. Tf 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 constitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this Ordinance. Section 5: Effective date. This Ordinance shall be in full force and effect on October 1, 2009. Passed by the City Council this 16'h day of June, 2009. ATTEST: Richard Munson, Mayor ~ Ordinance 09-84--T'**021 Page 15 of 16 Christine Bainbridge, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: October 1, 2009 r ~ Ordinance 09-94-''=*1L021 Page 16 of 16 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 8, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business E new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Ordinance 09-022 amending Ordinance 09-013 GOVERNING LEGISLATION: RCW 36.70A PREVIOUS COIJNCIL ACTlON TAKEN: See attached ordinance. BACKGROUND: Ordinance 09-013 adopted the Subarea Plan Map as part of the Comprehensive Plan. This Ordinance amends Ordinance 09-013 by adopting book one of the Spokane Vallev-Spraque and Applewav Corridors Subarea Plan, as part of the Comprehensive Plan in order to be consistent with the recommendations of the Planning Commission, declares an emergency pursuant to RCW 36.70A.130 to ensure the orderly implementation of the entire Subarea Plan and compliance with the requirements of RCW 36.70A.130, and finally includes a reference to the Spokane Valley Municipal Code Sections 19.30.010 and .020 governing this action. OPTIONS: Advance to a second reading or provide direction to staff. RECOMilIIENDED ACTION OR MOTION: Move to advance Ordinance 09-022 to a second reading. BlJDGET/FINANCIAL IMPACTS: No direct budget impacts STAFF CONTACT: Mike Connelly ATTACHMENT: Ordinance No. 09-022 CITY OF SP~KANF VALLF,~' SPOKANE COUNTY, WASflINGTON I ORD INANCE NO. t19-f~ l;*** AN OR.DiNANCE OF THF. CITY OF SPOKANE VALLEY, SPOKANE CUUN7'l~. WAS~IINGTON, AMENDING ORDINANCE 09-013, AMENDING THI~ COMPRFHFNSIVE PLAN AND COMPREHENSIVF MAP :~~R-A.DOPTiNG 'CH 1 LAND USE DESIGNATIONS SET FORTH IN THI+: SPO[{ANE VALLF.Y SPRAGt ~ 1!►i)I !."1l'~\'~,T i~i,i))'e I~I Tl~ - . •tY`. , , , . - ~ , '~'~i;i1t:1',, i„_ .,.:;f~ t;tli:> ~t~i]:1~jtiJlti;_>1~~ ~~i.~ii 1]~i> 13~~1! Ullll;ll~i~U ~)ui~~~l,illl it~ tti~~ ii~llt+lti;i~; ~rdinances: ` ~6-020 Amending Comprehensive Plan Procedures, 9-I Z-06 (17-026 Adopting Comprehensive Plan Text and Map Amendment~, 12-1 R-O7 il8-O11 Amending Comprehensive Plan Text and Map, 07-15-08 {19-p08 Amendi~g Comprehensive Alan Text and Map, OS-l'-~9~- ' O~-(1I ~:lrncn~~in« Cc~rr~nrchen;i~-r Pian I~.~l.il,. i(i- i_l1~): ,~r~t~ ~1'hcrc:~~, tl~~~ ti~,<,I~~~ii~~ V,ill~~ ('it~ (~<~un~il ~i~l+~~~tc:il tl~~ i'~nil~~,ri» 1)t~~l~~~>>ii~nt ~'~~tii,: ~)UI'~ll:llll It) (-)rclin:~~~c~ 11~-I► i ~ ~~n ~~~~tembc~r 2%. ~'007: at~~1 «hcrcas, ti~~ Sp~~kanc: ~'aile:y Unilurm Uevclopment C;ucie has been amcnclccl P~u~,uant to th~ tol[owing ordinances: ~17-025 Emergency Ordinance Amending UDC Title 19. 1 l-~7-~7 (~7-027 Adopting Zoning Map Amendments, 12-18-07 (18-OOfi Amending Interim Ordinance 07-025, (14-~4-0~ US-O I2 Amending Zoning Map Changes, 07-15-(1~ t78-017 Ordinance Amending Height Requircnients in 1~).7O.U 1!► (1~(►. O};-~(,-~►~ ~i9-pQ2 Amendin~ SVMC Title ?0. 0~-1 1-0~ c►9-005 Airport Overla~y, 04-14-09 t19-006 Amending OS-O12 7.onin~ ~~iap C;ilanges, U3-~'~1-O~~ ~►9-009 Amending 7oning Map, OS-12-09 c~9-O10 Amending Title 17, 19 and 22, OS-12-09;-~r~:' l)9-012 Ado~tinR the Sr~c~k~ne V~11e~~ S~r~~t~e and A~?~!c«~t~~ C~c~rricl;~r~ ~uf~,ire~~ !'i,i~i. ~ 0- l -49: and ~Vhereas, the City of Spokanc Vallcy be~an the plannulg process to devel~~p t~~e ~~~~~4~anc ~~alle~~- I Sprague Applew~~' Ccirridor ~uhareZ Plan and ~meiiclmt~r~l tc~ il~e Cc»l~~r~~l~er~~i~~c 1'1~7n ;~nd I~'I~~~ in Jul~~ c~f ~~0~~: anil W'herea.s, ti~e Cit} c~i Spul:.~n~ Vallc~~ ir~itiatc:~l a i'lanned ,'lction IZ~~'ic;~~• uncler RC~'~' -~3.~ 1(:.0;1 for a portion of thc SQokane Vallev-S~ra~ue and Ap~le~vav G~rrid~rs Suharea P1~3n, hereinafter "Subarea Plan" on June 10, 2008; an~~ ~Vheress, the Spokane Valley Sprague and Applcway Corridors Subarea I'lan and amendment t~j ~ the Comprehensive Ptan and Map has been developed in conjunction with the annual t~eview of tl~~ Comprehensive Plan adopted bv t}~~• ~~,t,},~fn~~ ~'<,~1:~ ('ii~ ('~~,~r~~il c~r? [)c~~-r?~!~~~ 1`, ~,~1~ ~ ; -,;~/lc; .~7, # \ j~,, j , ~i~~~iy: ,,_,~1 ~ ~ . ~ , ~ Whereas, the 5ubarea Ylan and proposed amcndment to the C:omprehensive Plan and Ma~~ ~va; submiited to the Planning Commission on February 14, 2008 for consideration, a copy of which is on file with the City Clerk; and Whereas, the Planning Commission reviewed the pruposed Subarea Plan and proposed ~ amendment to the Comprehensive Plan and Map, held public hearings and deliberated, then fonvarded to the Spokane Valley City Council thcir recommended changes on July 29, 2008, a copy of which is on file with the City Clerk; an(l Whereas, the City Council after public hearings arid deliberation amended the proposed Subarra ~ nlan and proposed amendment to the Comprehensive Plan and Map, a copy of wliich is on file . ith the City Clerk, then held additional public hearings, then a^ain deliherated: ancl Whereas, the City Council recommended additiunal chanucs atter deliberatiun, a copy ot \\hicii is on file with the City Glerk, and which are incorpornted in the fi»al ciraft of the Subarea T'!an ;;111(1 r1111~mdnlcnt it) t1)c ('t~~~lprclientii~c F'lan.:nd 11;1p; and «iICrCXti, t1IC C_'itti L'Ouncil iic:ld zi fii-st readili, mi tliis Orciinance on Ma~, -20, 2009 and allo«'ecl ,►(lditional public comment; and NIVliereas, the City held a seceaticl reacling on tttis Ordinance on June 16. 2009 anci allowed iidditional public comment, and Wbereas, public participation and notice for the adoption of the Subarea }'lan and amencJincrit to ~i tlie Camprehcnsivc Plan and Map is, ree1iiired as sei forih M It('~~~ 36.70A.03; artd RC'tV 36.70A. l z10: anci NN'hercas, thc C'it} ~~C S~~c►1~a~ze ~%all~~ i~ r~c~uir~~l t~~ notitti' lhc: Uup~iCtt11CI11 UfC.~Otilll]U1llly~ Tracle and Economic Development of its intent to adopt the Subarea Alan and amend the Comprehensive ' f'!an and Map at least 60 days prior to final adoption pursuant ta RCW 36.70A.106; anLl Whereas, the Subarea Plnn is to be implemented through an amendment to the Comprehensive I'lan and Mar and an amendment to the tlniform T)evelopment Code, specifically tiVV1C 'I'itle 19; ancl Whereas, properties within the Subarea Piari are expcritncim-, sWniticant disiiwestment. resultini! in un(ler maintaincd structures and lo\ti' rcnt pavin,-, pro4ic►-ties; ancl N1"liereas, the innrncdiate adcfptiuri uf lliis amendrnc;iv tv llic C :c►mprehensi~~e Plan antl ti1al) is necessarv to Qromate economic development in the identified subare.a and to ensure the consistent and timeiv aQQlication and enforccment of the Suharea Plan: constitutinp an emerv-encv nursuant to RCW 36.70A.130; and Whereas, aDpropriate ntiEilie participaTK►fl ha~ occurreki as is sct f'i,rth in tile ('indin!z 0' kict hcio\v: and «'licreas, thC-si: amendment; to~ the Compre1~en;iNc 1'1.in ancl Man are made pur,tiant to the prc»i~i~~n~ of fZC'\1- 36. i0A.1 30: arici I (1rdinanre 09-; , . ,-Y{ ` 11a,-,c ? of' 17 ~ Whereas, adoption of the Subarea Plan and amendment to the Comprehensive Plan and Map must comply %&rith the requirements of the State Environtnenta] Policy Act ( SFPA) as set forth in RCW 43.21 C. NOW, THEREFORE, the City Council of the City af Spokane Valley ordains as follu%vs: Section 1: AdoQtion of Findin¢s of Fact The City of Spokanc Valley finds that all Growth Management Act (GMA) and other statutory prerequisites for the adoption of this City oi' I Spokane Valley's amcndmcnt tn the Comprehensive Plan and Map have been met and herehy adopts the following: FIN'DINGS OF FACT 1. Mandate to Plan under GMA: the Gity of Spokane Valley is a city that falls under ttle full mandaies of the GMA as of the date of the City's incorporation on March 31, 2003_ ~ 2. Consistency with GMA Goals: The Amendment to the Comprehensive Plan and Map attached hereto and by this reference incorporated herein is consisient with the goals provided to guide the development of such an amendment as is set forth in RCW 36.70A.130. 3. The Washington State Growth Management Act, specifically RCW 36.70A.080 authorizes the preparation of subarea ptans. ~ 4. This amendment to the Comprehensive Plan and Map, as part of the formation of the Subarea Plan for the Sprague Appleway Corridor, is consistent with fhe City of Spokane Valley Comprehensive Plan, which generally directs the formation of a subarea plan for the Sprague Appleway Corridor, calls for the transformation of the Sprague Avenuc Corridor into a qunlity mixed-use area; supporis creating an identifiable City Center that serves as the social, cultural and economic focus of the City; calls for land uses and zoning that supports and complements an Auto Row area; and seeks a balanced transportAtion network that aceommodates public transit, pedestrians, bicycles and automobiles. ~ 5. This amendment to the Comprehensivc Plan and Map is consistent with the following specific provisions of the Comprehensive Plan: a. 2.2.1 City Center I'!an - This scenario presents concepts and strategies for creating a definable and vibrarrt "City Cenrer " for Ihe City of Spokvne Valley. The purposes of creating a Spokane Yalley City Center are: 1. Create an identifrable city center that is a social and econornic focus of the Cily; 2. Strettgthen the City overall by providing for long-term growth in emplayment and housing; 3. Promote housing opportunities close to employme»t antl services; 4. Develop land use patterns 117at support the development of a more exten.sive regional transportation system, whatever the ultimote confrguration may be; S. Reduce dependency on cnitomobiles; 6 Consume le.rs land with urban development; ~ Ordinance 09-P-?~*** Page 3 of 17 Mcuimize the ptiblic inveslmenl in iifrUStructure ctitd services: b'. Provide a central gathering place for !he community►; and 9. Improve the qrialitv of dc'sigm fur develnpnrent rhrorcRhorit the Citti~ 7here are several reusu»s wjry u defittahle, vitul C'ity (.'enler is intportanl tu Spokane Vallev's future. These inchide: 1. The development of u more intensive, multi-use city center is u natural step in .Spokane Valley's eVVlution. Most neiv tirban areas start ou1 as bedroom communities. Retail arrd commercial uses then develop to serve the new residential population. Office rntd industrial acttvities next begin to locate at key transportation crossroads, adding jobs and strengthening the employment base. Spokane Valley has experienced these evolutionary phases arrd is now ready for a defined City Center. 2. Economic Develnpmen[ - Spokane Yalley has an opporluniry to transform itself .from an essentivJly residential communily with retail and service based economy to a sub-regional economic center wilh cm expcmded, more diverse employment buse. 3. Community Supporl - A survey of Spokane Valley area citizeas prior to incorporaliat overwhelmingly indicated that the lack of identifrable "downtown " trrtd a commurtity gathering place was vf concern to a majority of respondents. Conrmtmity support was tested again when the city cnnducted a statistically valid survey in !he spring of 2004. The sirpport to create a City Center was reiterated throughout the community meetings held during the development of the comprehensrve plan and the city's informal community survey. A discussion of llte resrlll.s of ttre city'.c .survev IS lI?CIlICiPII ltl S'ection 2.10. fiollowing could he componenls ojflre Citv ('enter: 7he 1. Location: Generally located along the SpraguelAppleway corridor. Z. .Size: Between 300 and 400 acres in size. 3. Streets: New streels could be added at every 200 to 400 feet to create an internal grid street system to provide an urban atmosphere. 4. On-street parking would be provided on internal grid streets. 5. Ground,floor relail nn both side.s of streets. 6. 13uilding out to the edge of the right-of-way and include wide sidewalks to eircourage a lively street .scerte. Qfflce/Employment uses provided in high visibility location.s with adeguate parking cmd adjacent to pleasarrt surroundings such as open space, retail shops rnid services. 8. Multi family housing that is safe, secure, and Ivcated so that it is buffered from traffic noise rnrd provides a pedestrian friendly streetscape with connections to parks, schools, shnppnrg, services and tramtiit. ~ Ordinance 09-41-}*** Page 4 of 17 ~I I 9. C'ivic•puhllc• a,~?s .suc•lr cr.r C11►' IICIII, C'Ul71Il11Ul!!j' jJbraiy, pCIjurmittg urts c•ertter. city center pcrrk green space or other public trses 17in1 xrrndd atlrncl penple to downrowrr over cm extended porlinn of the daY. Urhel' CJIQI'Ut'tC'l'1S'l1CS UJ l{l!S lUlllf llJf.' .S'Cetturiv Iitclude 1f1E''6110ti1'lllg.' 1. "Auto-Rosti, " Overlay - 77ie city has several new ati1o deulershrp.s !uccrted ulm;: ~ Snrague Avenue. The mcjority of these dealerships are lacated between Argoirj, Road and Thiermcm Rnad Two dealerships are localed just west of Dartmo:lr Rond, near the U-City Mall. New car dealerships provide the city x-itli substantial sales tax revenue on one hcmd, on the other harrd auto dealerships cari 1iaue a significant vLsilal impact on a community rnrd hm~e somewhat urrique jleeds related to developrnent strnrdards, such as sigriage and street frontage Icurdscaping. This scenario recog»izes these circunistances and designQtes the areas identoed above appropriately, and prorides polic>> direction for the implementing developmertt regulations. _ Nfixed-use - this scenario suggests reducing the strip cammercial on S'prague .4venue by marntarining Cvmmimity Cummercial zoning only at major intersections such as Pines, F.vergreen and Sullivaa Road.s. At•eas in betweeil tflese commercial "nodes " woaild be designuted as Corridor M`ured-use or svme other appropriate de.rignation, which wocrJd encourage conversion of these vacarrt andfnr dilapidated comnrercial areas inlo areas of ~~celemplnyme~rl, 1,1,~»tr<~l crlt~ 1.~ j~ec'i~tlh• ~•c~trrrl. . . (.o111J11eI'Cl(1j DN51g)1(111U11.~ 1. '1'I1e City ofSpokrme Yallc' v rA Ironte~ toseverul ntujur netiv (jtitotmobile clruler.SI11pS. ifThile these land uses provide a pvsitive eeonomic impact on the cvmmunity, 1iiei, c•cm also juive le.s.s posilive ia~paczs on the aesthetics of the comnrunitj~ Auto clealership.s tvpically liave vast ureas of pavement to slore new cmd used vehicles >or sale. 77iese land uses also have uniqlre requirement,s for /andscaping anci .~ignage. Unlike mcmy commercial uses u►hose stock in trade is contairted within u building, i1 is necessary far uuto dealership.s to jiave their vehicles clearl~! i•isible frvm !he street. 7I1i.s »rakes truditional street side landreuping ~~-o?,.tistr,rg (Jlaw growi,rg shrubs and hushes, and trees) not viublefor the.se uses. An overlay desigrration is being suggested rather thrni a zoning district hecuriscr rhe negatitle affect.r on the noyr-niitn denler ir.re,s in the areci will he llll/illltlzed ()r eliminnted c. 5.3 Ci1y Cenrer The itttent of C'SIQbl/Slllllg a Cit y C.'enter i» Spokune Y'alley is !o c•rcute a higher (lensity, mixed-use designation where office, retail, government uses, and ,•esidential ttses vre concentrated. The City Center wilt also be loccrr(,cl r,t orrt, the major httbs oJthe region's high capacity transit (HC7) systenr. T he City Center encourages higher intensity !a»d uses. Traditionul city center.s cire places where diverse office, retail, and government tcses are concentrated, ov 1t'E'il lls ('1111111'(!j (/JI(l CI17C fiaClll1'1C'.c, C07711)11!)Ilrl' .S('/'1'/L`(',t' (1Ild jlol/t'%Ili'. V(111oJ1t7IIl'. ',"L . I mcrny cities are advucuting mi.Yed-use de►-eIUfJIIIE,'l71 1IJ Clly Cetrtel' COre ureus fir a itumber of reason.s, including: Providing new housing, increasing !he range oj housing choices, and reducing depe»dency o» the automobile by bringing work places and residences into close proximity; Providing retail and service needs irt clo.se proximity tu residential and enrployment cenlers; Improving feasibility of a dc>velopment project. 7he proximity ojurban services makes housing projects more desiruble cmd a nearby source of consunrers help make a commercial project mvre viable. 3. Residents choose to live in higher density housing fvr a variety of reasons. Firsl, higlrer density housing is more affordable than traditional single family housing. Second, the convenience cmd proximity to work, needed services and cultural activitres is very desirable for many people. Finally, mvny people find thart they do not need a large, single fQntily detached hvuse. C"iven their lifestyle, lhey appreciate the low niaintenance and sectrrity af higher density living. There is o mutually supnortive relationship between higher density residential uses and commercial and retail aclivities. The presence of housing the core area also activates the streets in the city center, day and night. 4. Concentrating growth in a specifrc area also supports investment in public infra.structure including the regional HCT systenr. Existing IvK, density development does not generate stifficienl level.s of de»iand to optimize 1he return on inveslment in transit. Promoting higher density uses within wulking cli.strnlce of trrnmrit facilities wilJ improve the viability of this significanl infra.cmicture invesfiient. Mvreover, cnncentrating the highest den.sity of develvpment in the City Center, where a significrnit nrimber oJ jobs and residences will be within walking distcmce of a transit station, helps reduce the dependency on the autvmobile and improves pedestrian mobility. The Cify Center emphasues pedestrian, bicycle, cmd lran.sit mobility bttt will not be unfriendly to the use of automobiles. 5. The City Certler trrea will nlsn he the ce»tral Kathering Place.fnr the commrnrilv - u place where !he whole conrmunity can congregute crnd celebrate. - " Accordingly, the C'ity Center _ ! r sllould include ~ a» outdoor square, park vr - commons with ' - l y.~ 1q r^ arnenilies sicch as fotntlains, - 7 sculpture.c, and ,~~►+~--~-'j✓,~I~ - f ~i ~ - . - unique - landscaprng. - . Other citi7c nmenities or . hiiildings iircltiding cio~ hall or aperforming arts center coiild he grot~ped arotmd the core area square ( Ordinance 09-4=1=-~#** Page 6 uf 17 ur pan•k. T he ['i1 i• ctu•re»lh. holds cm cmnua! Chrislmas Tree Lighting Cerentony in the area designated as the City Cenler: Additional such ~ events throughout tjre year will enhance the feeliilg vf coninrriltitt! in Sf70ICQllc ' Valleti~. - - - - 6 fin appropriute slreet nenvork ♦ \ ` , ~ ~ ~ , ± ~ . ~ is a critical component of the ' City Center. The cro-rerrt - - network of collector streets 0 #W and arterials, the disjointed ' grid, and lcrrge hlock srzes contribrite to a lock of identit_y in /I1E' Citv. Tl,t, solulion is not necessarily to corrslruci wider streets. Streels become les.r ~icient as the number uf lanes i»creases. Building new streets versus widening "xisting streets can be more cost effective, ' yieldc grenter cnpncitiy, rntd will hmv ci more pnsitive impact on the City Center. ~ - f utomohiles are likel to contirrue as Q C lo~~~"~1 l~lll ~ , l I)lchJt' U 1!-[111S~JUl7U!lUll'c1!' I{Jc foreseea6le fYtture. A comprehe►i.sive network of streets must be developed <o :11 stribule this traff c and create more drivirtg choices. To the extent possible, tlrc, City shorild connect streeis cmd construci new streets to form a tighter grii-1 .system wilhin Ihe City Center, especially in tlie core area, by negotiating neK, public rights-of-way cmd building neH, streets. This "interconnectivity " serves to ,shorten and disPer.se trips, rn1d co»sequenllv reduc•e tremel on cwisting congestecl crrterials. S. f'ede,strian and hicycle ,ruability is a vitul pa,•1 of 1he fultire City Ce»Ier trcrosportation system. Impruvements for pede.strians artd hicyclists shorilcl stepport increases in transit services rnrd pramote the development o, f the Cin, Center. As the street system es developed to betler accommodate the needs c?j pedestrians arnd bictWi,st.r, nnchwork oj. fucilirie.c . fnr peuPln n» , fowt enrcl hikes .should be established. 1. Peducing the size oj the stree[ gricl, intproving auto circulatiorr and creatirW pedesirian linkages through Icrrger parcels is critical to establtsh walking patterns that reduce dependency an the auto. As individuul sites are de.signed cmd developed to be more pedeslrian friendly crnd improved pedestricm Jinkages crre provided, the pedestrian .system will hcmdle an increasing shcve of lrips. .SPecial street desigyi standards sho:dd be developed for the City Center. Speciul .ctandards for extra-wide sidewalks (12 to 20 feel in width), pedestrian-scatc, street lightitrg, and udditin»al amenities including benches, trash receplc,cle.v, nnd landscaped corner treatments should be inclraled 10. Transforming the existing commercial core area into thc Pr•oposed Citl, C'elirer• is crn ombitious tark. It requires a significant trcntsformation from a low-densih~, automobile orienled, lurgely relail area, to u higher intensity, more pedestriarr ~ oriented Mixed-use area. Tjie City Center section of the Plan acknowledges that the City Center will take some time to develop. The City can facilitate these r.hcmge,r through n,series of sntnll steps taken viTer time. 77tiS 1S P.tipPClCIIIi, !rr« iJ ~ (-~rclir~~il~rc 00_ 1',ir-;c 7 ()f I r i !he steps ure consistent with emerging economic, sociul und demographic trends. As is the intent oJthis Plan, the phasing scencrrio presented here vccounls for the timing of market projections ond future actions. 11. As noted ahove, the implementalion strotegy is keyed to projected trends and regivnal plarrning goals. Iis form cmd character, as envisioned in this Plan, are drvmatically different from cmything that now exists in the propused City Cenler area. It will take some time for the development commurrity to redtrect its energy and investments to produce development that respond.s to the direction oJ the Plrnr. The demarrd for rrtore intense developn:errt opportunities in the City Center is not forecasted within the next few years. In the meantime, the City should discourage continued low-scale imTestment in this area since new developnrent will take several years to be amortized, and will delcry the accomplishment of preferred development. As regulrations are applied to modesr renovalioirs, it shoirld be possible to gain some basic improvemenls. Nowever, lhe City should not expect ftdl implementatiort of the vision for the City Genter :mtil major property owners in the area are ready 10 1llstall long-term, majvr development projects. d. 2.5.5 Mixed-use Corridor Mixed-use - Corridor Mixed-use is intended to enhance trcrvel optioris, encouruge development of locally .serving commercial uses, mulli family apartments, lodging cmd offrces along mujor transportation corridors identified on the ComPrehensive Plan Land Use Map (Map 2.1). Corridor M'lxed-use recognizes the liistorical low-intensitv, auto-deperulent development pattern, and focuses on a pedestrian orientation with cm emphasis on aesthetics urrd design. The Corridor :Llixecl-use designation is primarily used along Sprague Avenrle in order to space the l7PCUS Cfe.51g11C1lCd C(lll]J)1PTClUJ. e. 7 Urban Desigrt and Form 1. In ndditiun to f;uiding development, the Land Use chapter also gzcides the quality C7)1CI character of the City's future development paltern through gvals and pulicies related [o the form, fimction, and appearance of the brli11 environmerrt. I hese priorities and implementation strategies, related to quality development, serve and will continrre to serve as a busis fron: which to develop appropriate implementalion measure.s. 2. The design of our urhrnt envirvnme»t has a sigrr ificant e,,{fect on community identity. Well designed comrminities contribute to a hevlthful, safe and srrstaina _hle envirortment that offers a variety of opporiunities for hou.sing urid employment. An artractive and well plartned community is invaluable when recruiting new business and industry to an arecz Some of the concepts considered nrclude: • Conrmuniry Qppearance, including signs and placement of utilities; • Neighborhood considerations in the review of development projects; • Integration and linkirrg of neighborhoods including bicycle cmd pedestrian fQCll illL'S; ~ Ordinance 09-44-1-1*** Page 8 of 17 • The effect of traffic patterns and parking on neighborhood character; • Encouragement of high guality development through the appropriate use of planned unit developments; and • Consideration for public art. f. 2.7.1 Aesthetic Corridors 1. Aesthetic corridors are intended to protect the visual appeal of Spokane Valley along major transportation routes entering and exiting the city. Aesthetic corridors provide special design standards for aesthetics along major transportation routes to help create a quality image of Spokcme Valley. 2. Another component of aesthetic corridors is the "gateways " into the city. There are several entrances into the City of Spokane Valley along major transportation corridors, including Sprague Avenue, Trent Avenue, State Route 27 and a nur,zber of interchanges on Interstate 90. Design elements and landscaping treatments should denote a sense of arrival into the City, a neighborhood or special area such as the city center. g. 2.9 The Land Use/Transportation Connection 2.9.1 Street Connectivity - Street design can have a signiftcant impact on comrrrunity development. It is important that neighborhoods be connected is such a manner that cars, bicycles and pedestrians can pass with ease fi-om one neighborhood to an adjacent neighborhood via collectors and arterials. Sucli a pattern promotes a sense of community. All new developments should give .special consideration to emergency access r•outes. h. 2.11 Goals and Policies COMI~ERCIAL Goal LUG-3 Transform various commercial business areas into vital, attractive, easily accessible mixed use areas that appeal to investors, consumers and residents and enhance the comrnunity image and economic vitality. Policies L UP-3.1 E ncourage transformation of Spragzce Avenare Regional/ Community Commercial corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center, should be concentrated at arterial intersections and designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encoarraged. LUP-3.2 Encouf-age large bulk retailers to locate in the designated Regional Commercial nodes around arterial intersections. Goal LUG-S Identify appropriate locations for the Auto Row Overlay designation. Policies ~ Ordinance 09-94-3*** Page 9 of 17 LUI'-5.1 Identify other appropriate automobile related uses withiri the Auto Row , Overlay designation that are cornplementary to azctomobile dealerships. LUP-5.2 Develop appropriate development standards for permitted uses within the Auto Row Overlay designated area. CITY CENT.ER Goal LUG-6 Create an identifiable City Center that serves as the social, cultzcral, and economic focus of the City of Spokane Valley. Policies LUP-61 Define a City Center with distinct boznTdaries, unigzre barilding types, and special featur•es. LUP-62 Strengthen existing connections of the City Center area to the region's high capacity transit system. L UP-6.3 Focus on improving the existing character and image of the City Center area through appropriate developrnent regulations and design standards. LUP-64 Develop land use regulations that allow higher intensity development in the City Center including, but not limited to, taller buildings, increased floor area ratios (FAP) and permitted uses. , LUP-65 Coordinate with urban service providers to ensure szifficient capacity is available for anticipated development. LUI'-66 Allow for a variety of uses and mixed-use development within buildings or complexes. Enszo•e that mixed-use development complements and enhances the character of the surrounding residential and commercial area. LUP-6 7 The City .should altivays consider City Center sites regarding potential civic and cultural uses the City develops, such a.s a City Hall. LrTP-68 Provide incentives to attract cultural and civic uses to the City Center over which the City does not have direct control, such as libraries or recreation facilities. LUP-69Develop land use regulations that encourage higher density residential uses on the periphery of the City Center area in close proxirrlity to high capacity transit. High density housing should be accompanied by residentially oriented retail and service uses. LUP-6.10 Provide amenities such as comrnunity services, parks and public spaces to meet the residential needs in the City Center. L UP-6 11 Provide an effective transition between the periphery of the City Center and nearby lower density residential development. Goal ~ Ord inance 09-04-3* Page 10 of 17 ,LUG-7 Provide a balanced tj-ansportation network that accornmodates public transportation, high occupancy vehicles, pedestrians, bicyclists, automobiles and integrated parking. Policies LUP-7.1 bnprove traffic circulation around and through the City Center by extending the street network and creating smaller blocks. LUP-7.2 Encourage pedestrian and bicycle circulation by providing public sidewalks, street trees, street fzrnituf-e and other amenities. LUP-7.3 Reqarire clear and safe pedestrian paths to enhance the pedestricm rzetwork LUI'-7.4 Connect the main entry of buildings to public sidewalks by an identifrable walkway. L UP-7.5 Allow for on-street parking on the internal City Center street network. LUP-7.6 Encourage transit use by irnproving pedestrian and bicycle linkages to the existing and fiiture transit system. M'lxed-use Goal L UG-9 Encourage the development of 111'rxed-use areas that foster community identity and are designed to support pedestrian, bicycle and regional l7'QY1SlI. Policies L UI'-9.1 The characteristics of a Mfxed-use area should incl ude: • Housing and employment densities to support regional transit service; • Public transit connections; • Safe, attractive tran.sit stops and pedestrian and bicycle ways; •Buildirrgs that front on wide sidetivalks with attractive landscaping, henches and frequent bzrs stops; • Multi-story buildings oriented to the street rather than parking lots; arrd • Parking space located behind or to the side of bacilding.s or in parking sCructures. L UP-9.2 The mix of land uses allowed in either the Corridor Mixed-use or Mixed- use Center designation should include: • A variety of housing types including apartments, condominiums, town houses, two family and single family dwellings on small lots; • A full range of retail good.s and services including grocery stores, theaters/entertainment, restaurants, personal services and specialty shops; ~ Ordinance 09-&1-3*** Page 11 of 17 • Public/guasi public uses and/or open space; • Professional Office and other employmerrt oriented uses; and • Commercial trses that reguire large land areas but have low employment density and are auto-dependunt, such as lumber yards, plant nurseries, warehouses, and auto dealerships, should be pYOhibited from either 1V1ixed-use category. Urban Design and Form Goals & Policies GoaLs LUG-14 Improve the appearance and function of the built e»vironment. Policies LUI'-14.1 Use performance and community design standards to maintain neighbor•hood character, achieve a greater range of housing options, and to create attractive and desirable commercial and office developments. LUP-14.2 Adopt specific regulations for desig-nated aesthetic corridors that: • Provide incentives for aesthetic design; • Require landscaping buffers adjacent to roadways; • Limat sign height and .size; • Provide performance standaYds to adequately screen intensive land ' uses that have exterior clutter such as outdoor storage, exterior heavy egui.pment and/or exterior fabrication/assembly. • Prohibit off-premise signage and billboat•ds. Land Use/Tf•arrspof•lalion Conneclion Goals & Policies Goal LUG-16 Provide a street system that connects neighborhoods. Policies LUP-161 Encourage new developments, including multifamily pYOjects, to be arranged in a pattej•n of connecting streets and blocks to allow people to get around easily by foot, bicycle, bus or car. i. 10.3 Neighborhood Goals & Policies Goal NG-2 Preserve and protect the character of Spokane Valley's residential neighborhoods. Policies I Ordinance 09-84-3*** Page 12 of 17 N1'-2.1 Maintain urrd proFect the chtrracrer of e.vr`sting and f`r~rlure resid'entral neighbor°lioc,d's through the d'eile1oprrrepir and errforeemeri1 of t~ic Ciiv;s land use regulatin~~v andjotrtlplarrrzang. NP-2.2 Review crrad revise a.s necessaryr ex1sling lLInU u,l~ ~egulL1tiUIis to, caccessor), d}i,ellrng unals, and in-fi1l d'ev~loprrrent. NP-2.6 Esiabltsh appr•vpriate destgn guicleltraes ivith br,f,fer zorres and trcnistfaan requirerMen~s ta prvtect re.sidentiaI rre;ghborhoods from ir~~ompatibk Tand uses crrid adverse iir7pacts c.z.ssociated with arter-rals, ~'i°eeway's and rail carridors. Gocr1' ~ j 'YG-3 Errcoz,rrage neigliborliaod/szib-area p1artriing for commereral, indristrlc~l arzc1 mi:red use properties to errlrance 1he qurrlity, vibrt~cy ruad chrn-crcter of ex%stxng deveIopmerr1. ~ Pcalicies Arl'-3.1 Fstablish regulation.s and identi yporeii1tal irrcentives t~jal encourage mttftr- use areas that in1egrate cr braad range of appropricrte and compatibTt-, 1cmd u.se activr`ties, arad encourage t1ze development rrrrd redevelopnient of lcrnd rrr can ~'ormc~rrce ~reth the ~'~~C~'~'. ~ NP-3.3 .Lrrc•ourcrge conirrrercicrl c~evelopmen1 that is devr"gne,d mid .scaled r'ti cr rricanrier ' thCrt r`s conratible ia=ith srrrrioitrrding rrerghborhonds. 6. The City of Spokane VaIley has provicicd nutice arid engaged in a public process to ' ensure ci~~ C'r` 36.7f~A~..035, RC''U~I~' 36,?~DA.130 and 1tC'V~' p~r~i~i P~fic~~ ~ trr~t~ant ~t~ ~ 36.70A,1.40. Tfie specific public rneetings are set fortrth be1ow. The notice provided and meetirMgs identified constitute early and continuous publac participatton in the dcvelopment and adoption of the Subarea Flan and arriendment to t1,e Comprehensive Piain arid 1''Iap~; T~~,~~~x~~~~~--~-: Na~~ h . eVeI0-pf'}Ietit y ~ Ordinance 09-4-~q*** Page 43 of 17 MEETING TYPE (i.e. DATE city council, planning LOCATION TOPIC commission, etc) 7/ 19/2006 ~ I'ocus Group Meetings ~ Center Place ~ Plan concepts 7/2012006 ~ Core Team Meeting ~ Center Place ~ Focus Group Meetings, City Center 9/ 13/2U06 ~ Community Worl:shop ~ Decades N City Center Concept 9/ 14/200f ~ Core Team Meeting ~ City Hall ~ City Center update Joint 9/14/2006 CounciUCommission City Hall Plan update, City Center concept Meeting 9/23/2006 ~ Valleyfest N Mirabeau Park ~ Plan overview 10/2I2006 ~ Core Team Meeting ~ CenterPlace N Land Use Patterns 10/10/2006 ~ Rotary Meeting ~ Mirabesu Hotel ~ Plan overview by the Mayor Valley Business Fire District #l plan overview b the Ma or 10/11/2006 Association Admin Office y y 10/ 1 l/2U06 ~ Community Workshop ~ Decades ~ Centers and Segments, Land Use Patterns 1 1/30/2046 Auto Row Focus Grau City Hall, second ~nd use in Aulo Row P Floor 1 1130/2006. ~ Community Workshop ~ Decades ~ Transportation I-Iands On 12/1/2006 ~ Core Team Meeting ~ Center Placc ~ 12/13/2406 Spokane Valley Fire District #8 Plan update by Scott Kuhta Business Association 1/ l 612007 Core Team Meeting C'rY Hal l, second Community Workshop floor 1/ 16J2007 ~ Community Workshop ~ Decades ~ Circulation Pattems 2/512007 WSU Architect Corridor discussion Studcnts 2/9/2007 APA Brown Bag CenterPlace Corridor discussion Luncheon Joint City Council/Planning CenterPlace Study Sessio❑ presentation of complete 3/I/2007 Commission Study recommendation Session 3/5/2007 ~ WSDOT Pcesentaiion Transportation recommendations 3/6/2007 Chamber Luncheon Percy's Cafe Complcte recommendation of comdor plan Americana Air in October Rich Munson and Scott Kuhta were both 2007 and Comcast Local Edition City Center/ SARP interview for Comcast Local Edicion for airing November on CTtN Headline news. 2007 City Council special Michael Freedman present possible Master l Of2/2007 City Ha11 Plan update to include the Library on the west meeting side of University 10/16/2007 ~ Kiwanis Meeting ~ Sheri's Restaurant ~ Scott Kuhta, presentation of the plan l 1/20/2007 Joint CC/PC meeting City Hall Present the public hearing draft of the sub-area Qlan 12/6/2007 Spokane Greater percy's Cafe Present Subarea Plan to Chamber members Chamber of Commerce . ~ Ordinance 09-0-1 : Page 14 oF 17 1/ 18/2U08 lleveloper's Forum Council Chambers Lducation regarding re~;ulatiuns o(' Subarea plan Community Education C,ducation regarding regulations of Subarea 1/23/2008 ~yoricshop Council Chambcrs ~lan 2/14/2008 Open House Council Chambcrs Open discussion answer questions regarding regulatiuns of Subarea Planning Commission Presentation of regulations and education of 2/14/2008 meeting/ Community Counci] Chambers regulations negarding Subarea plan Education Workshop Joint City Councit, ~ Presentation by Michael Freedman and Troy 2J19/2008 Planning Commission Council Chambers Russ regarding new SRTC model figures - Meeting ~ transportation and Book tii , 2/27/2008 planning Commission Council Chambers Review of the Subarea plan in preparation for I Study Session Public Hearing , 3/I3/2008 Planning commission Council Chambers Public Hearing Public Hearing 1 3/20/2008 planning Commission Council Chambers Con't Public Hearing Pubtic Hearing ~/27/200$ ~ Planning Commission ~ Council Chambers ~ Deliberations 1/1012008 ~ Planning Commission ~ Council Chambers ~ I)eliberations 1/17/2008 ~ Planning Commission ~ Council Chambers ~ Deiiberations tYl4/2008 ~ Ptanning Commission ~ Council Ghambers ~ Deliberations 5/1/2008 ~ Planning Commission ~ Council Chambers ~ Delibcrations 5/22/2008 ~ Planning Cammission ~ Council Chambers ~ Deliberations , 6/5/2008 Planning Commission ( Council Chambers ~ Deliberations ~ 6/12/2008 Planning Commission ~ Council Chambers ~ Deliberations 6/2612008 ) Plannins Commission ~ Council Chambers ~ Deliberations 7/29/2008 City Council Public ~ CenterPlace Public Hearing Hearing ~ + 8/19/2008 City Council Public CenterPlace Pubiic Hearim-, Hearing . ~ 8126/2U08 ~ ~ City Counci! ~ Cauncil Chambers Deiiberations 9I2/2008 i City Council ~ Gouncil Chambers Dclibcrations ; 9/9I2008 City Council Council Chambers ~ Deliberations I ~ 9/23/2008 Cit}► Council Council Ghambers ~ Deliberatians ~ ~ 9/30/2008 ( City Council ~ Council Chambers ~ Detiberntions 10/21/2008 ( City Council ~ Council Chambers ~ Deliberations I 10/28/2008 ~ Cit_y Council ~ Council Chambers ~ Deliberations 12/2/2008 ~ City Counci! ~ Council Chambers ~ Delibcrations ~ 12/16/2008 ~ City Councit ( Councif Chambers ~ Deliberations 12/30/2048 ~ City Council ~ Council Chambers ~ Deliberations 1/6r2009 ~ City Council ~ Council Chambers ~ Deliberations I ~ 1/12/2009 ~ City Counci! ~ Council Chambers ~ Deliberations { 1/13/2009 ~ City Council ~ Council Chambers ~ Deliberations I 1/26/2409 City Cauncil ) Council Chambers ~ Dcliberations ~ 213/2009 City Council ~ Council Chambers ~ Deliberalions ~ 2/24/2009 ~ City Council ( Council Chambers ~ Deliberations 3/3/2009 ~ City Council ~ Council Chambers ~ Deliberations 3/2412009 ~ C'iiy Council ~ Council (~hambers ~ Delibcr-ations ~ C)r~lin.~n~•~ ;-.Y > F'a,t 1 ~ c~f I ~ 4/2 $/2009 City Council Puhlic CenterNlace Public fiearin~ Hearing ~ 5l5/2009 ~ City Councii ~ Council Chambers ~ SARP Discussion 5/19/2009 ( Ciiy Council ~ Council Chambers ~ Deliberatians 5/26/2009 ~ City Council ~ Council Chambers ~ Deliberations 7. The Subarea Plnn and amendment to the Comprehensive Plan and Map have beet) provided to the Communitv Trade and Economic Development Department peir;uant to RCtI' ;E.70A. i OG mI i:intrirv-2-3. '00S. I li~: L.itV C.:Ou1161 c>l' the C;itti 01Spukanc Vallev iinci; tliat the properciLS within the Subarea Plan are experiencin~ nificAnt disinvcstment, restiltinQ in Rln(fcr maintainecj -:tructures and low rent navinj-z properties. 0. I'he Citv Council of the Citv of Spokane Vallev. in order to promote economic develoQment in the identified subarea and to ensure the timely and consistent epplication of the Subarea Plan and further to ensure compliance with all provisions of RCW )6.70A.130 herebv declares an emergencv,and finds that the immediate amendment to the Comprehensive Plan and Map is necessarv to protect public health, safet", and welfare l►f ils, CIt17E'!ls of Spokane Vallcv. 1(). 1'hc; C:omprehc:nsi%-e Plan and Map Ainencirz7<«t is tiiacjc punuant to and consistent with the provisions of RCW 36.70A.130. -1_1. The City of Spokane Valley has complied with Uie reyuirc:ments of RCW 43.21(;. specifically by using the integrated SEPA process pursuant to SEPA rules, (WAC 197- I1-210, 2-20. 228. 230. 232 and 235}. 'I'he ciociimcnts at7ii datcs of is,uancc are as f i0llows: .•1cloptet1 exi;tir~~ cnvironitienial doc:unncnt (llr:itt attd }~inal I:1S preparc:cl fi►r Spokane VaUey Comp Nlan), signed January 18, 2008. h. lssued Draft Supplemental Environmental Impact State (DSEIS) on January 18. 2008. c. Issued Addendum to the DSE[S on May 20, 2008, to incorporate updatecl tmnsportation analysis. cl. isstied Final Suplilemental Fnvirc,nmental lmpaci Ctatement (FS1,IS) e,n 11111C i<), 2009. tj 2. As part of its review and delihcraiion•, adoption uf'1hc tiuharca Nlan and amendment to~ the Comprzhensive Pian and Map, the City C'otrncil has reviewed the duCunleniti iiled tior record, "hirh are on file with thc C'itv C'lerl:. ~ r 13. _'I he aduption uf' this vnendment tc> the Compretieiisivr; Plan <Ulid Map is necessary to proteci ihe health, safety, and welfare of the general Puhiic ancl the environment. 14. The umendment of the Comprehensive Plan and Man ancl tllc ac1option of thc° Suh,area Plan is consititent wiih 5VIN'tC 19.10.010, 020. ~ Or~linance 09-~: ! I'a~e lfi o1 17 Sectioo 2: Amendment to Comprehensive Plan and Mao. The City of Spokane Valley ' Comprehensive Plan and Map is herby amended in the manner set forth in Exhibit A, attached hereto and by the reference incorporated herein. Section 3: Severabilitv. 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 constitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this Ordinance. Section 4: Effective date. This Ordinance shall be in full force and effect on the ]S` day of October, 2009. Passed by the City Council this ] 6th day of June, 2009. ATTEST: Richard Munson, Mayor Christine Bainbridge, City Clerk Approved As To Form: Office of tbe City Attorney Date of Publication: Effective Date: October 1, 2009 ~ Ordinance 09-84-3*** Page 17 of 17 . CITY OF S~OKANE VALLEY - Request for Council Actian Meeting I~at~e: 09-(~8-09 City 1Vlanager Srgn-aff: Item: Check al1 that spply. ❑consent ❑ ald business ED new business [D public hearing ❑ information El admin. repart ❑ gending legislation AGENDA ITEIVI 'I'YTLE: Dra.ft Resoiution 09-012 Aanending Resalution 07-420, Governance Coordination 11flanua! PREVIOUS C[7UNCIL ACTIC1N TAIMN: Council generally reviews the Ciovernance Coordination Manual annually to determin,e if there is a~eed ta mak,e any changes, and the last review was in 2007. This docurnent in redline farm, contaflns updates, amendrnents, and carrections for Council review and discussion. Cou.ncil reviewed the dacu.ment and discussed proposed chairiges at the Septetnber 2009 Cauncil meeting REC[)M3HNDED ACTYON OR MQT~ON: Motion -tn approve Resalutian 09-412 arriending Resolution 07-020, Governance Coordination 1V1anua1. Bi]~~ET1FIlNANCTAL IMPACTS: STAFFlCO[TNCIL ~ONTAC'T: City Attarney Mike Corinelly ATTACIiMINTS Governance Coordination Nf anual, redline and cIean versions DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 09-012 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING THE COMPREHENSIVE COLLECTION OF MEETING RULES, COORDINATION PROCEDURES, AND ADNLINISTRATIVE PUBLIC SEA1tING PROCEDURES, OTHERWISE KNOWN AS THE "GOVERNANCE COORDINATION MANUAL." WHEREAS, the City Council acknowledges that all Council meetings must be open to the public; and WHEREAS, such meetings should be responsive to the public and carried out efficiently and uniformly to promote public participation; and WHEREAS, written rules of procedure best assure an atmosphere conducive to said efficiency and uniformity and help assure that no member of the Council or public will be embarrassed in the exercise of his or her right of free expression; and WHEREAS, the rules and procedures adopted by the Council need to be amended from time to time. 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, Council adopted Resolution 03-028, establishing rules and procedures for conducting public hearings and meetings, including the May 13, 2003 "City of Spokane Valley Governance Coordination Manual." Section 2. On May 25, 2004, Council adopted Resolution 04-013, repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of May 13, 2003. Section 3. On September 13, 2005, Council adopted Resolution 05-021, repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of May 25, 2004. Section 4. On November 14, 2006, Council adopted Resolution 06-022 repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of September 13, 2005. Section 5. On December 11, 2007, Council adopted Resolution 07-020 repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of November 14, 2006. Section 6. The Council hereby repeals the "City of Spokane Valley Governance Coordination Manual" dated December 11, 2007 and replaces it with the "City of Spokane Valley Governance Coordination Manual" dated September 8, 2009, which is attached to this Resolution as Attachment A, and which is incorporated herein by reference. Section 7. Ef.fective Date. This Resolution shall be in full force and effective upon adoption. Resolution 09-012 Governance Manual Page 1 of 2 DRAFT Adopted this day of )2009. City of Spokane Valley ATTEST: - Richard Munson, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Resolution 09-012 Governance Manual Page 2 of 2 o ne Val e V Governance Coordination Manual Resolution 09-0128~-~8 Attachment A A Comprehensive Collection of Meeting Rules, Coordination Procedures, Administrative Public Hearing Procedures, and Applicable References from the Revised Code of Washington Adopted . 200°j'eee-„beM Resolution 03-028 adoptcd 5-13-2003, replaced by Resolution 04-013 adopted 5-25-2004, replaced by Resolution 05-021 adopted 9-13-2005, replaced by Resolution 06-022 adapted 11-14-2006, replaced by Resolution 07-020, adopted 12-11-2007 t„~pr laced bv g45Olt1L1pA 09-011 8(jQptCd Guvernance Manual 1 TABLE OF CONTE,tiTS ARTICLE 1- COUNCIL MEET .INGS .I 1.01.1 Council Meetings - Time and Locarion T 1.01.2 Council Mectings - Optn to the Public 4 1.02 Election of OfiSccrs 4 1.03 Prcsiding Officer ; 1.04 Mayor/Council Cvrrespondencx . 1.05 Quorum ~ 1.06 Attcndance, Excuscd Absences 1.07 Special Council Mxtings 1.08 Council M$terial 1.09 Council Packets 1.10 Cauncil Mceting Agenda / Consent Agenda / Amendcd Agendas . 1.11 Approaching the Dais 1.12 Study Scssians and Worl:shops . 1.13 Council Trarcl Pravisioas 1.14 Telephone Tree 1.15 "Three Touch Principle" 1.16 City Managtr b 1.17 City Clerk - Minutes - Public Information Access 8 1.18 City StaPF-Attendance at Meetings 8 ARTICLE Z- DUTIES AND PRIVILEGES OF MEMBERS M..... NN... N..... M..... NM. N......... M.... M...........1... 9 2.01 Respect and Decorum .............................................................................................................9 2.01 A Fomis of Address 9 2.02 Seating Arrangemmt 9 2.03 Dissrnu and Pmtests 9 2.04 FiUing Council Vacancies 9 ARTICLE 3 • COUNCIL PROCEDURES ..9 3.01 Rules of Otder 9 3.02 Motions and Discussion .......................................................................................................10 3.03 Ordcr of Business (including Executive Scssions) ...............................................................10 3.04 Adjouinment Due to Emergency or Disruption 12 3.05 Permission Required to Address the Council .......................................................................12 3.06 Voting and Teldvideo Conferencing ...................................................................................12 3.07 Enacted Ordinances, Resoluiions and Motions ....................................................................14 3.08 Ordinanccs ............................................................................................................................14 3.09. Rcsolutions ...........................................................................................................................15 3.10 Rcconsidcration ....................................................................................................................15 3.11 Legislative Process, Preparation, Introduetion and Flow of Ordinances, Resolutions and Motions ................................................................................................................................15 3.12 CompIaints and Suggestions to Council ...............................................................................16 3.13 Photographs, Motion Pictures, V ideo Tape Permission Required for Ariificial Ulumination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...16 ~ Govcrnaaoe Manual 2 TABLE OF CC1NTEN'] S, Cnntinued 1'i11TI4LLr 4 - CL/MA1.1 JI 1 GG!7, 1)V:"~IWS & 4OM!7I1SW7IO:7i1 w....a........s...a4ra4ssWFr.sts..s*a»en.fa:.ss.ra. mssr 16 4.{}1 CQI11II711tee5 16 4.02 Cauneil Relatians with Boards, Cominissivns and Council Citizen Advisory Bodies .,17 ARTICI.fE 5 - RELA'['I(lNS WI1FH CITY Nf.4N4,GER & A.D-NiLNlSTRATIClN 17 ..........................................................................17 5.01 Role ofthe City Mana~,er 5.02 Acminist.rat:ive Interfarence by Cnuncilmernbers......................... 18 5.02. 1 InCorrma1 Communicar.ions Encauiraged............ ~ 18 5.03 Administrative CompUnts N'Iade Directlv tv Eadividuual Councilrnem'be-rs 18 5.04 4eiministrative CompCamts -.`Best F'racticc°,.,.......... .............................................o.......,.... 18 A14 i Si.LJ'.r'k7 - i L1BLIC ,51FKA111714..'I' F.RO4~DUR.[ir7 ...........................,....,•...•r.•ea.fw.•..i..twa..r.+i;acy.i.ris...asisa~ 18 6,00 "Fypcs ofPublic Hearings .................................................e.o.....,..,........................................ 1$ 6.01 Legaslatitre Public flearing ..19 6.02 Quasi-Judicial Public I°iearing 2Q 1, Specific Statutory Paovisioiis ?0 2. Actians/Proceduxes far Quasi-Judicial Public Hesring . 24 3. Public Hearing Farmst 21 4. Appearancc; of Fairness IIocCriae 22 6.0:3 Stte Spccific Carngrchensive Plan and ZQning Amendments (Rezones) 24 ARTICLE "i - USE OF Ri3I.ES 1F#!lAl.fin.Y.i.ta~~. . s..wlr.+a+..R.af..fle.fe4 a...yl.S\!YliYNIlYRfi.Flttt.iO.e1t4f1t9iVi#iB!l1.i5i!liifiRfkiffaVVi 25 7,01 P4tS'pC15e .....z ....................................................,.,.,.,..«,....,,..........,,...,.,,.,...,...-.........................e. 25 7.02 USC 26 7.03 Public Use ar Relsance Not Intended ......o 26 Exhibits and affachmcnts: Exhibi:t A-1 Telcphonc Tree I►vfemo 27 Eathibit A-2 ?elcphone Tree fvr Cauncit f Menager ChW 28 Exliibit A-3 Parliamentarry Procedtsre at a Glance 29 Exhibit A-4 Ltg~slative Process F1ow C'hart....................... 30 Exhibit A-5 Comcnittee Scr-Licture and Rules 31 E?whibi4 A-6(1) Task Forcv'Towu Hafl Meetings ~'seueral Mode1.................... 33 Fxhibit A.-6(2) MuIti-Agency Coordination Task For+ce Ikaf~d~l,.,.~ :...,...,~,~...,....34 Exhibit A-7 Citiizen's `~ask Force Geacral. hrivdel Chart...,..... .a..a.a.ak..aaa{.i...ak.ita..a.iilFS..aa..xx. .,...35 E?t4ibit A-8 Revi~d Code of Wa..~}trngion, 35A.13, Cau~~ilfrianager Plaa ..........................36 Lxh€bit A-9 Amtnded Gen+eral Po1icy Resolutinn ofCnrc B~Iic& ..............,.....43 Crc7vcrrlancc N"Ianu31 ~ ARTICLE I - Cf]LlLNCii. MEETI1tiG5 1.01.1 Council I4tectiog - Time and Location. Ctnless otherwise spceified in a meetimq._no-tiwc-e. A:9 regular njeeurags of the City Gouncil shall be held at SUkime ViL11gy Gitv 1Jq11+Qounqit Chumb .r. •,--e on Tuesdavs beginning at 6-00 p.rm `ime.end'.r~=:E,~~ 8 f - ° • ~ I.01.2 Coun+efl Mcetings -Open to the Public. All meetings of the +Gfty° Cotuncil and of cammitt~e~ thereof sball be open co the publsc, except as pravided fc►r in RGW 42.30.1 10 ar RCW 42.30.140. Councilmernbers %i1l notify appropriate staff of Councilmember's p4ans ta attend any of the various outside public mectings hostcd by other organ iza.tions vr agencies; sv that notioe may te published conc.eming such attcndance in arder not ta rask any rea1 or paceived violatian of the +Dpen Pubifc Niwings Act. 1.02 Election of[?ffieers. Frocedures for clerting offcers $re as ivRows. (a) Bicnnialty, at the frs€ meecing of the new Council, the membecs thereof shall choose a pmsidirag o~fieerr from €heic number who sha!] have the title of:Mavor. In acldition to the p+~wers c-oaferred upon himlher as Mayor, Wshe shall cantinue to have all the righls, privileges and immunifies of a member of the Counci3. If a permanent vacancy cccius in the vffice ofMayor, thc members of the Council at rheir nexi regutar meeting sshall scIect a Mayor frcim their number for the unexpired term. Falfowing tkte eleccion of the Mayor, there ~hali be an election for a Deputy° N-layor. 'I'he ttrin of il:e ?~~put-Mayc,r 01-a]l run C{3tlc11Tre31t14' ,Mt.h that 4fthe WyOr. (RCW35A,13.0~-,m (l.i) °~`he electian for I~~Iayrnr shall be cc~n~ductecf by the ~'it~• ~:i~:~~:_ i y~~; c. i i~° -;~r~. ~-.~1:° 4.i11 nomination, Each meaiber of the City Cciuncil sliall be pamitted to naminate one (1 A person, and nomtination shail nvt re.guire a second. A norninee `vho wishes to decline the nainination sha.ll so sCa.te at thai time. Nominations are then closed. The election far Deptzty Mayor sball be conducted by the Mayor, and manner prcduusly d~scribeti fvr the eIe#ian of the Mevm. (c) Exccpt when there is only nne (1) nominee, elcc-tiaa shal,i b~, by -,vriueti bal!ca, k~a,~d; ballot shall contaan the name of the Counrilmcmber who cast xt. The City C1erk sh:,]! pub3icty announce thc results aF the election- Thcreafter, the C'ity Clzrk- shapl record indiv"rduaE tieotes by rAUncilmembers in the minutes of the mecti.:: ~ In the ewent the Council is unable to agree on a Mayor by majority votc of mems Mkvor shaIl be #emporajiiy filled by an Acting, Msyor. Tyes shall be resolved in a coutest by chance. 1he office of Acting Msyckr shiLt] be riiled by the Councilmember kvho just prevaous1y servecl as Depuzy Mayor, or if such pe.wn is not a member of thc Council, the Counciimember with the next highest seniarity. The Acting h"ayor and Acting Lfeputy Mayog shall continuc in office and "ercise such aulthoritw ass is describ~d in RCW 35A.13 until the members of Ithe Council agTc.w ciri 1! N-tnvor. at ~,vhtchn xime thc ralc of Acting Mayar and Acting Deputy Mayor sha11 cease and termim:::. E,03 Presidiag [)fficer. 'rhe Mayor shall preside at meetings vfthe C'ouncif tiii:,i b4 head aFthc Gity fnr a3l ccresnar~aJ purpos+cs. The Mayor shafl havc no regulaur sdministrative or executtve duties. In case of the hla}tcres alaseaace or temporarv disabilityF the L}eputy Mayor shall act as Nlaycar during the consinuance of the absence. In cme of thc abscnca ar temp+arary inabilsty of the Ma, ~r and Deput}, Ma}rar, an acting Mayoc Fro Tempora selectel by members of the Cptuicil shaIl act ss Ma;a£or during the contimuancc of t.he abstnm, The Mayor, Ueputy Mayear S, '•PrssAR.JIilq ?lSlt.}r" 745I1I'i (an th'Le MayV`'s E1bs4nnRrir) oJ ~ayVr P.1o T4j~i -r4 ILF~frrtid LS! C s tizn+.°-to-firit in tlyesc Rulc-, of Procedur4,. ~=...a~. . :r~-.~' ~ lAa ".1layorlCouncil Correspondence. Councilmc;mbers recognize that ui the CounciLMansgcr form of government, the Mayor is recognized by community members as a point-of-contacK. To facilitate full communicgtions, staff will work with the Mayor to circulaie to Councilmembers, copies of emails and written correspondena dirceted to the Mayor regarding eity business. This provision will not appiy to invitaiions for mayoral comments at various functions nor requests for appointments nor other incidantal cantact betwcen citizens and the Office of the Mayor. 1.05 Qaorum. At aU mcctings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the vansaction of business. A lesser number may adjourn from timc-to-time, provided that written notice of said adjournment be posted on the exterior Council Chambcr doors per RCW 42.30.090. Council meetings adjoiuned under thc previous provision shall be considercd regular meetings for all purposes. (RCW 35A.13.170, 35A 12.120) 1.06 Attendaace, Excused Absences. RCW 35A.12.460 providcs that a Councilmembcr shall forfeit his/her office by failing to attend thrte consccutive regular maetings of the Council without being excused by the Couacil. Members of the Council may be so excused by complying with this section. The member shall contact the Presidiag Officer, City Clerk, or City Manager prior to the meeting ar;d state the reason for his/her inability to attcnd the meeting. Following roll call, the Presiding Officer shall inform the Council of the member's absence, a.nd inquire if there is a motion to excuse the member. This motion shall be nondebatable. Upon passage of svch motian by a majority of inembers present, the absent member shall be considered excused and the City Clerk will make am appropriate notation in the minutes. 1.07 Special Council Meetings. Procedures for settiag a special meeting are as tollow•s: (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 wridng by the City Clerk. The notice shall oontain the following information about the meeting: time, placc, and busincss to be transactcd. ~ (c) The notice shall be delivered in persan, by regular or elcctronic maiL or personally to the residence of each Councilmember, the City Manager, and the busincss office of each local aewspaper, radio and television station which has on file a written request for notice of special meetings. The noticx must be delivered at lcast twenty-four (24) hours priar to che meeting. (d) The notices provided in this sectian may be dispensed within the circumstances pmvided by RCW 42.30.080, thai is: (1) As to any member who, at ar prior to the time the meeting convcnes, files w7th the City Clcrk awritten waiver of notice, (2) As to sny member who was actually present at the meeting at the time it convenes, and (3) ln the event a special meeting is called to deal with an emcrgency involving injury or damage to persons or property ar the tikelihood of such injury or damage, wheu time requirrments of such nodce would make noticc impractical and increasc the likelihood of such injury ur damage; or as otherwise provided by law. 1.08 Council Materiat. Cauncilmembers and aPfected staff should read the agenda material and ssk clarification questions of appropriate staffprior to the Council meeting, when possible. Govenance Manual 5 1.09 Counri0 Packets. Councirmcmbers shall pemnally pick up their agenda packets from the individua1 mas1~oxe* prvvided by the City Clerk, unless othe~isc an-anged by the member or fnther directed by Cou.ncil. Counc'slmernbers have the t~pTic~~ _vf accessing the€r Counci lpacket vaa c~r's web~~t~ ~c~ pp,less necificd athcnvise thc Cicv Clerk will nt-pMFare a hazd co~,~ f r individua3 Counc: lmcmba D,. ggen da Qack!g 1.10 Council Meeting AgendalCvASent A►genda. 3he Ciiy ~lerk, undcr the direction af the City Manager in consultatian with the Presiding 4fflcer, shal1 a.trang~ a fist vf prupc~sed matters according to the order of business azad prepare an agenda for c~e Cou.ncil. ,4fter the proposed agenda has been rcviewed and agproved by thc; Mayor, the Fresidiag Officer sha16 bave the optivn of adjusting the agenda as necessazy. A cany of tfie agenda and supporting rnaerials shaii twe prepareci for Cotuycilmembers, the City MansgeF, and the media who have fi1ed a notificat.iran request, on or before c~1ose ofbusiness on a Fr~day preceding a Tue,sday regulsr Council mcedng, or at the c~~~~ of busitxess at ~east 24 haurs preceding a special Gouncil fneeting. Agendas msy ie artYendel as reqwrecl, and expeditiously distribu2ed to Caiincil and appmgriate sWE sEL-i, r. " :so-:.t~~ ' L _ . . , ~ ,---z'f-r~E_^1~'~'t#~'~:~'~r'-s:t`~ CdIT7Ri{l1tttCbljf Akeedy sW4`d 4p 1.09 abmc Requests far presentations #o be schechled an the fosmal agenda imply thak the prcscntation 'ss the afficial business of the Cityr. and sugh rcqums should be submitted to t~~ rty C[erk ai leasst ftvc. {S) davs pr'tvr to -the Upropriate council nieetin~. Pla}fing of video tapes, i~VD's. Powerpvannts, or other cieLtrmnic_Rresentations shall be pre-s+creened by che f'residing Officer or d~esignee who sha1l rule on the appropriattness of the materis1 The Prcsac#:ing C~fficer, three (3) Council=mbers, a majority of the Councifmerr}bers present, or I the Csiy Manager mav introduce a new 'stem tc+ the agenda at a mecting. (s) The City Managcr, iaa ec>nsultation -%ith the I'rcsiding ()fficer, shail place matters on th4 consent ageada which; (1) have been grevicrusly discussed by the Gouncifr or (2) based on the infosmatxan de1ivered co members of the Counti1 by adminisLration can. bc revaeweai by a Cowncilmember withaut -furtacr explanatioa; (3) are so routine, technicai oT "hOl3S~keeJ}lnge, lI1 tl&111n [h~~ pa-Ssyitt tti`7thni:]t d1sGt,]5wiofil -s r1T f41 cstbtin~vicc deemed in the bcst i.ntcrest of trie City, (Ei') The proper Ciouncil motion on the c+on~~nt agAmda is a~, ioiio~~ s: "i 1:104appro~di cji titie consent agenda." Th~s motion will have the effcet of moving to approve a11 items an th~ Coztsent Agcnda. Since apprc~val o#' any item on the conscnt agenda irnplies unsnimous conseIIc, wny mctnber of the Couacil sha11 have t.hc right to remove aay item Smm thc consent mgenda. Therefore, prior to tht ;•ote an the motion to approv+e the con5ent agcnda, t~e Presidi.ng Officer sha11 inquire if any Councilmembcr xvishes an item to be wfthdra"m from the consent agenda- If aay matter is witlideawn, the Presiding Officer shall n1nct the itdIn afi an -,Irr►ronriaw p1ack nn tl~,~ nkvnda fi}r tk3e currertt or I twti*f rn eeti 1.11 App1'ik8fih1IIj;, tIYL L'JiilS. 1:7fL!1I i-A :iudiill, fheS 1t~97~ .~~}4tkti~s~1~W io ti~L1F lai}iCiT-M4;c to mak.e it clear to Staff, C'ouncil and the general public ance aCouncil meeting has been cafled to order, stepping betwcen thc pudium and the dais wili not he alioived. This includcs, but is not Emited tO, Nideo recording, still photagrapkv, tape reecardzng, aad ivrittet haradouts. Appma"g tttc dais wiU nat be permi#W aftr ten minutes prior to the start ofthc ~~J commwt Icbz]. cmsi,serwcm of #hether w kmp ? Govaumce Nfanual 6 The Council reserves the right to invitc anyone fonward to be addressed at the dais. 1.12 Study Scssions and Workshops. ' , be-eortdueled-f-n`e~Ai4,=-s~ ruirs- The purpose ot Study Sessionj-d6et=5stons Is to allow Councilmembers to be made Aware of impeadiag business and aUow informal discussion of issues that might be acted on at a future meeting. The purpose of Workshops is to aliow Couacilmembers to do coacentrated preliminary work with administration on single subjects but time consumiag, compies matten (i.e., budget, cocnplei legislation or reports, etc.). Wnrk$hops and Study Sessions shall bc in a Icss formal settine, council may be seated other thaa at the dais, but shall not ~ discourage public observation. There will be no uRnblic comment at study sessions although the Council may request participation in the same manner aa a regutar Council meeting. The City Clerk, under the directioa ot the City Maaager, shall arrange a ~ Council study session or workshop a a++c*f::~ for the meetiag. The shull, for each item, contain the disczcssion subject, the discussion leader, the activity and the discussion goaJ. After the proposed agenda wo-k-4hvel 6as been approved by the Presiding Officer, a copy of the aQenda and accomaanyine backQround materinls 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. As stated in 1.09 above, Cauncilmembers have the option of accessing thcir Council packet %i the itv's website, and unless nptified otherwise. the Ci Glerk will n4I.prepare a hard copy aQenda racket for indkidual Councilmembers, D4ring the Cortndi study sesslon or workshop, the discusslon leader should: (a) Introduct the subject and give background informaiion; (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 Couneil. The rolc of the Presiding Officer is to facilitate Councilmembers engaged in free Dowing discussion without the necessity of each councilmember being recognized by the presiding officer. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorurn and ensure all councilmembers have the opportuniry to be heard, and to keep thc discussion properly focused. 1.13 Covncil Travel Provisions. This section is intended to provide guidance on the utilizaiion of the Council budget for city busincss related travel expenses. The total allocation of travel fimding budgeted for the Legislative Branch for the fiscal ycar W1II bC AQpOftIOACd (117) to each Councilmember. 'Mesc monies may be used to defray expenscs for transportation, lodging, mcals and incidental expenses incurred in the conduct of city business. Periodic updaied statements of expenditures e da; will be provided lp_cach Councilmember by the Finance Department Should a Councilmember ea.haust their apportionment of funds, that person will be responsible for payment of any travel and related expenses or they may request a voluntary allocfziion from another Councilmernber who has a balance in thcir ►ravel account. Governttnce ktanusl 7 During the last six (6) months of a Councilmembcr's cucreat term of office, incurring City busincss-related vavcl cxpenditures require the prior authorization of the Financc Committee, except whcn such travel fulfills thc obligations of the Councilmember's service on statcwide ar regional boards, commissions or task forces. 1.14 Telephone Tree. Ocxasionally there are very important ar emergency happenings in the communiry where members of the Council should receivc briefings a4 quickly as possible. A City Council telephone tra systcm has betn adopted by Council motion and is attached as Exhibit A-1 & A-2. 1.15 "fhree Toueh Principie." Decision malters and citizens at ail levels of the City should have adtquazc time to thoughtfully considcr the issues grior to final decisions. It is the inteat of the Council tbat the Council and Administratioa s6all abide by the "T6ree touch princ[ple" whenever possibla The following pmcedural guidelines are designed to avoid "surpriscs" to the City Council, Citizens and Administrative personnel: • Any request or proposal for adopting or changing publie poticy, Ordinances, Resolutions or City Council Directives which will require a decision of the City Council, or Administration, should "touch" thc Derision makers three separAte times. This includts oral or written rtportS, "information anly" agenda itcros, or any combination thercof. To facilitate the Council's stratcgc use of tegislative dme at its mcxting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi judiciel matters and any subject discussed in executive sessions are exciuded from application of the "Three Touch Principle." • It is recognized that - - ` decisio-i _~'d-not-1~e Uunexpected circumstanecs may arise wherein observance of the "Three Touch Principle" is impractical. Howevcr, when unusual circumstances arise which justify a "first discussion" decision, the persons rtquesting the exgedited decision should also c?cplain the timing circumstances. This Principle eaciudes staff reports and ather general communicarions not requiring a Council decision. 1.16 City hipaager. "Ihe City Manager, as the chief executive officer and head of the-administrativc branch of city government, or his/her designee, shall aitend all mcctings of thc City Council, unless excused by the Presiding Offictr or Council. The City Manager shall be rcsponsible to the Council for the proger administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as helshe may dcem necessacy or expedicnt; prcpare and submit to the Council such rrports as may be required by the body or as the City Manager dcrms sdvisable to submit; keep the Cauncil fully advised as to the business of the City; snd shall ceke part in the Council's discussion on all matters conceming the welfare of thc City. . . . . . . , t-`:eGw ar»n • avend _ . • . . Li I: ':2 T ~ admWsliral=(RCW 35A.13.b* Comment (cb3): nw 2" tme oi 1.16 .trcady manuiooa ~eer dcsiguoe° - d►is 1.17 City Clerk - Minutes - Pubiic laformanoa Access. Thc City Clcrk shall be ex-officio `dund=L Clerk-of-the-Council and shall keep minutes 0.s required by law, and shall perform such othGr duiies in the meeting as may be required by the Council, Presiding Officer, or City Manager. In the absence of the City Clerk, the City Clerb: shall appoint a replaccment to act as ~ Clerk-of-the-Council. The Clerk-of-tho-Council shall keep cuinutes H•hich identi8My the general I discussion of the issue and complete detail of the official action or consensus reached, if sny. Whcn practical, and wilh the exccption of Execativt Sessians, the City Clerk shall audio record I Govemaave Manual 8 the proceedings of all City Council meetings, and shall keep and msike available an index of the topics of each meeting which will facilitate location of the itcm in the eppropriate meeting minutcs. Access to the audio rccardings shall be made reasonably available to any party who so requests, nccording to City public informarion procedures. 1.18 City staff - Atteodance at Meetings. Attendance at meetings by City sta$ shall be at the ~ plcasure of the City Manager. It is the intent of the Council thet the i v Manager schedule adequate administrarive support for the busincss si hand but also protect the productive capability ~ of Department Heads. Whm sound system or other monitoring capabiliries exist, the Cit Manager may allow personnel to utilize productive time in their offices or other areas while waiting for the specific itcm of business for which their appearance befon the Council is necessary. Et:d of.4rtirle 1- Cotu:ril :ileetings 4R?ICGE 2- DUT'IES AND PRIVILEGES OF MEMBERS 2.01 Respect aad Decorum. lt 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 sessian, the Councilmembers shall preserve order and decorum and a member sball neither, by conversation or otherwise, delay or intemipt the proceedings of the Council, nor disrupt or disparage any member while speaking. Councilmembers and the public shall gmvlv %%7thekw the directives,=.- of the Chair. Any person making disruptive, disparaging ar impertinent remarlis or unreasonably disturbing the business of the Council, either while addressing the Council or attending its proceedings, shall be asked to leave, or be removed from the metting. Condnueti disruptions may rosult in a ncess or adjournment as set forth In aecfion 3.04 below. 2.01A Forms of Address. The Mayor shall be addressed as "Mayor (surname)" or "Your Hanor." The Deputy Mayor shall be addressed as "Deputy Mayor (surname):" Members of the Council shall be addressed as "Councilmember (sumame)" unless waived by the Presiding Officer. 2.02 SeaNng Arrangement Councilmembers shall occupy the respecpve seats in the Council Chambcr assigncd to them by the Mayor. 2.03 Dissenta aad Protests. Any Councilmember shall heve the right to eacpress dissent from or protest, orally or in writing, against any motion, ordinance or resolution of the Council and have the reason therefore enterod or crtained in the minutes. 2.04 Filling Council Vacancies. lf a vacancy occurs on the City Council, the Council wiU follow the procaiures outlincd 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; _gBd the procedure, and distribute the application form for appl}7ng. The Council will havc an application draftcd ep e' :i.. which contains relevant information to answcr set questions posed by the Council. ?he application forms will be used in conjunction with an intcrview5 of eae4-candidate5 to aid in the E-euge:l's stlxtion of the Pew-Councilmember. Ilnd afArticle 2- Dutfes and Privileges oJAtembers Govzrnancc Nianual 9 ARTTCLE 3 - CQ[ThTCIIL MEETING PROCED'Ll1tES 3.01 RuIes of Drder. Rulcs of cardcr nrrt specified by statute, ordinancc vr resalution sha1l be governed bv t~e cheut of tlje rnost commarn "Rule5 of Crdef' questions. Attached ~Exhibit A-3. The City Clerk s1all keep acop3r of the most current "Robert's Rules of Order" in Council Chambers during CownciI meetsng,s. (a) +Qut of Order Reqnests. Occasianally a memler of't:hc public rnay wish ta speak an sn agenda item bufi ewnot remain urttil the item is reached on the agenda. I]tning Open Cornmens.s Froin the Public, such pmon may requcst permission ta speak by expla%nbg the circumstances, 'i'he Presiding OffiGcr in his,'her sole discret3on shall rule on aliowing or dissl[owing the out of ardcr request. 3.02 Miotions and Discussoan. (a) All iterns of business placed before t1ae Caunri] that requirre the expenditure of Council and/or adminisva.tivn resourees sha11 be in the form of an aTirmarive motiur- .Afr=ative rncations ar°c prcferred to prevent "'appraval by default" of a faaled neptive motion. (tr) Agcncia itmms sehedui~~ ~~ew or Otd Businm " requirc amQtion bv a C4uncilrncmber before ciscussian unkss the Council shall suspend the requirement by majority vote. -Upon failure of eit,.hcr a priar mution or ruie suspension, the agcnda item _ shuli be passed over and may not be teintroduced u-ntil the nem reguIar :mrcttin& 'CcmrneiTt [cb4): tf . modoo faih crruncal e:aa alwaya lariu.& it q eu tuay iutwc meeti4S; or if a couaeihnanbefi (c) 1Alhcn possible, Councilmembers should direct questions primarily ta the City Mana.gcr wwrtt w^~~onud,' cie inoaae - ao or the designated prescnter. rnrmal fNvera tnusi te ~a M=bo 6(t31C prC4UU4 4N& of a Vm, iAiffiin o1# dW b r wt1L97 She Wow 'N' m -akCA. S€T i -i[K1FEiAfi A] PCCAflS~dCr 3.03 Order of Business. The business of alll reguYar meetings of the Cauncil shali be ttanmcted ~ ~ ~ ~enn& of 'e sanE follows: pravided, h~wever, thatt the Presiding Officer mv, duri-ng aCnuncit meeting„ rearrange nux-bn& in ct* stems an the agenda co canduct tfae business before the Council rnore ea€peditiously. (a) Call ta arde` by the Fresidi.ng Offic-er. (b) i.nvocatinn (c) F'ledgc of A1legian+ec. (d) Ra11 Csll (see Sectian I.06 fvr pracedure to exeuse an abswwce), (e) ApprovW of Agenda (f) Introductian ofSpecied Guest; gnd Presentations. (g) Councilmember Reports of Counfisl or goverrment-related activiti-s (e.g. s)-nopsis of Gommittee or board rneetin,gs). Th~~e ocal reports are intentled to lhee briet city work- related,,, heads-up in tta#ure" ar othemlse of significance in :keeping the Cvuneil Crovern;t:nce Manua1 10 informed of perrinent policy issues or cvents stemming from their representation of the city on a regional Board or Commission. Ea7ended reports shall bc placed as agenda items for presentntion or submitted in %Vriting as un informational memo. (h) Presiding Officer's report. (i) Commenu from the public on subjects aot on the agenda for action - limit 3 minuies each, unless modified by the Presiding Officer. ti'ote: the City Couacit desires to allow a maitmum opportunity for public comment. However, the business of the Cfty must proceed in an orderly, timely manaer. At aay Nme, the Presiding Ot'tiicer, ia the Presiding Ofticer's sole discretion, msy set such reasonable limits as ere necessary to prevent disruption of other necessary business. 1. Subjects aot on the eurrent agends. The Prcsiding Officer msy invoke a sign- in procedure for speakers. Any membcr of the public may requcst tune 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 Prcsid'wg Officer deems necessary. Following such comments, the Presiding Officer may place the mattec on the agenda or a future agcnda, or refer the maricr to administration or a Council committae for inve-qigation and re:port. 2. Subjects on the current ageoda. rlny member of the public who wishes to address thc Council on an action item an the current agenda shall mal:e such request to the Presiding Officer at the time when commenu &om the public arc requcsted during the agenda item discussioa. The Couacll may hear suc6 comments before or after initial Councll dtscussion. As an option, the Presiding Officer may invoke a sign in procedure. The Mayor, in consultation with the City Attomcy, shall rule on the appropriateness of public comments as the agenda item is reached and shaU rule on a specific individual or group time limit for public camment The Presiding Officer may change the ordcs of speakers so that comment is heard in the most logical groupings. 3. Cocnments shall be made from the microphoae, first giving name, address and subjeci. No comments shall be made from any other location, and anyone making "out of nrder' comments shall be subject to removal from the meeting. 4. "I1here will be no demonstrations during or st the conclusion of anyone's presentatian. Any disruptive behavior, as detcrmincd by the Presiding Officer, shall he cause for rcmoval from the meeting room. 5. Ttiese rulcs are intended to promotc un orderly system of holding a gublic meeting, to give persons opportunity to be heard, and to crcate an cnvironment in which no individuals are embarrassed by exercising their right of free speech. 6. Any ruling by the Presiding Officer relarive to the subsections 1 and 2 above may be ovem.iled by a vote of a majoriry of inembers present. Guvernance Manuul 11 7. Council shall not permit public comments if they relaie to any mattcr upon which a quasi judicial hearing has been rcquircd, schedulcd, on celd. See Article 6.01 ~ for proctdure for taldng public comment on legislativc matters. ~ (j) Public Hemings (sce Article 6 for procedural detaiLs). (k) Consent Agenda (see Section 1.10 for procedural details). (1) Old Business. (m) New Business (a) Public Commenta. [same as "i" above] (3-minuic time limit each) (o) Administrative Reports. Reports or tracking of an administrarive nature. (p) Information onlr• items. O Execudve Sessian (as rcquired). lf Council holds an Executive session, it %-ill be held in I accordance with the Open Mertings Act, RCW Chapter 42.30. The Cauncil may hold an execvdve session during a regular or special meeting. Before convening in executive session, the Presiding Officer shall ask for a Motion from Council to publicly aanounce • the purpose for adjouming into Executive Sessian * the approximate leagth of time for the executive session, and a. the likelihood of Council taking acrion st the close of the ExocuUve session and retuun to regular sessioa, or b. thai at the close of the Executive session and return to regular session, Council %tiill likely take no action but wriU adjourn the meeting. The announced time limit for cuecudve sessioas may be extcnded by announccment-4 ~ _ . . ~ . At the close of the Executive Scssion and upon Council's return to chambers: * The Presiding Officer will declare Council out of Executive Session 'The Presiding Officer will ask for the appropriaie motion (i.e. en action matian or adj ourn). To Rratect the best intencsts of the Cirv. Councilmembers must kcep confidcntial all oral and %ti7ittcn information providcd during executive session .s-:~-~~__' ~Iie Gi?3~. Confidentiality aLso includes informaiion provided to Councilmembers outside of executiva sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers. (r) Adjoumment. if at the discretion of the Presiding Of~'icer. the meeting is continuing.,lat~ into the cvening. the Presiding Officer may suggest the mceting be adjourned and a.nY agenda items not covercd be pogponed until another meetina. lf Council concurs, a modon to adjaurn would be in ordcr. . ii!-:-=.)e-peripii44-te . . . . . . . lirpi; _ a-?ae Govuaana Manual 12 item ,ee _-_.a . . . . ~ g as old business, .-,-=ii--'-"- 3.04 Adjournment Due to Emergency or Disruptian. In the zvznt of cmergency, such as a fire, ~ threatencd violence, er inability to regain good order, the Presiding Officer ?,m:~.i.~r• shall furthwith declare the meeting adjovrned or continued and the City Council shall immediaiety Icave the inecting room. 3.05 Permission Required to Address the Council. Persons other than Councilmembers and administration shall be permitted to address the Council upon recognition artdlor introduction by the Presiding OPficer or the chair of the appropriate Council committee. 3.46 N'oting and Telelvideo Conferencing. The votes during a11 meetings af the Council shall ba vansacted as follows: (a) Unless otherwise provided by stazute, ordinance, or resoluiion, all votes shall be taken by voice, except that at the request of any Councitmember, a roll call vate shatl be taktn by the City Clerk. I'he order of the roll call vote shall be detamined by the City Clerk. (b) In case of a tie vote on any proposal, the motion shall be considercd 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 unlcss the Councilmember is abstaining due to actual, ar appearance of, a conflict of intcrest. (d) The passage of any ordinance, grant or revocation of franchise or licr.nse, any resolution for the payment of money, any approval of warranLs, and any resolution for the renoval of the City Manager shall require the affirmative vote af at least a majority of the whole membership of the Council. (e) The pa.ssage of any public emergency ardinance (an ordinance that takes effect immediaiely~ cacpenditures for any calamity or violence of nature or riot or iwsurrection or war (except far the statt►tory pow•en 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 ai least a majority plus one (l) ofthe whole membership of the Council. (RCW 35A.13.190) In the event calamitous conditions should prevent ~ assembly of such majority throughpandemic, deathL.-e+ injuries or other emer¢enev. the prov7sions of RCW 35A.13.035 may be invoked (t) 1 he passage of any motion or resolution not subjcct to the provisians of Washington law, the Spokane VaJley Municipal Code, or this Resolution as amended requiring a"super majority" for approval, shail require the affirmetive vote of at least a majority of the mambership ofthe Council who are present and eligibls to vote. (g) i. TclcJvideo conferenct paiticipation by Councilmembers may be allowed providcd tcchnical availability and compatibility of electronic equipment shall enable the Governanct Mamia1 13 Cauncilmcmbcr to hcar the pr+aczclings, be heaarxi by those present snd purticipate in Council discussian. (s) Raquests to use teleAidco confercnce garticipation for voting purpos-es shall be lirnited to extraordinary circurnstances an. d rnust ke rulerti upon by the Council-of-the-Alhvle by spccifie rnDtion b-cfare the Council main agenda begins. (b) fn such case, a;ciequate equigment uaust allovrr the tcleJvidca c-oriference participant to engage in Council discussion and be, heiri1. Telephonelcomputer systero charg+cs are to be at th~ ~ouuc-ilmember's orvn expenm, unless warti•ed in thc Council motian. Adequatt notice rnu.st, be gi~en. tm a11ow hvokup in tirne for the main a,gencia. Requests ta monitor byr telelvradecr conference in a nonvotirxg r-apacity shsll be g=ted proAdcd technical capability exists snd adequste rsotice is givezt, and shall be at tlYe CauncilmcmbeCs own +cxpense, unless waived in the Council motion. 3. I+Ia telcA°zdeo wnference participation for voting purposes sha31 be allvwcd for public hearings ar any quas3 judicial proceeding& Video cvnf~rcncing may bc pctmitted upor, a majarity vote of the Caun+cil grese€it at Lhe meetang site for such proc~edings provided that all dacuments and exhibits arc clearly visible and legible ta a1T parrticipants and pcovzded thaf a videiD anti ~udio rccord of the %ideocvnkrence is made and pravided to the clerk. The cost of -,;uch tifideoconferencing anci s•ccond therearf sba11 be paid by the Counciiw_.:!°~~, requestiag videmnferencing, un.less wsived by vote of the Gity Gouncil_ 4. Examp1es vf cxtraordinary circumstar,,-=vz wns ;1 'L:.; accir~crit, uriforeseen urgent bu~irs. ~0,. 3,07 ~~acted {)rdLnaaces, Resolutfons and Motion°,. (a) An ettitcted vrdinance is a iegislative act ~re~,cribin~~ KcrL!T-;1I rule.,, Llf orgam,rLL6011 Or conduct re1ating to the corpora#e affairs of the rnunicipality. Council action sbaIl he ;T'I r, E'I1!~"Ci~ 11'~ 1 1L4'. dFr" t?L1: ~)r'i;s ~[k~('~I'.i,1;~~41 ll:.f_' L1~ takett b~ a • ° • L,iJ[.~,lii~.c 4,. ` 1" } ky perislr~;'. (b) Arn enacted resolution is an acimirristracive a~t whicla is a fon-aa1 sta~ment Of PoliL). cancernizag maners of special ar temporarv character. Council sction sh.all bc taken by rmlut~on when requirrd by law and in t~.OSC in5tazces where a4r~ expr:ssio€~ of policv fno~e formal than a mDtion is desire Ll . (c) A[t enacted raotioa is a form of actian taken by che Council to dircci. th~~ ~~~c6iic action bc 1.aken on behalf of thc municipaltty. A motion, once approveci and entescd enEo the cccord, is the equivaleat of a resolut's.an in those 4vsmces where a resolution is not requireci by law, and where such mot#on is not in conflict with exisfing State or Federal statutes, City Ordinanc+cs nr Resoluticrns. 3.08 flydinsncea. Tfae procedums foc vrdiaances are as folloeus. Ga,vmuancc Menual 14 (a) A Cauncilmember may, in open session, request of the Presiding Officer that the Council ~ consider s-kid:,, i~e-_si:~oFA o= enacting an ordinance far a snecific puMse. The Prcsiding Officer then may assign the proposed ordinance to the administration, a committee or the Council-of-the-Whole for eonsideration. The committee or administrmiion shall rcport its findings to the Council. Thc Gity Manager may propose ~ the draRing of ordinances (RCW 35A.13). CitizensL-&r~d Boards and Commissioas may also propose consideration of ordinances and resolutions, see Exhibit A4 attached. (b) Sponsorship. Wheu a Councilmember wishes to assume sponsorship of an ordinance or resolution, he or she should so announce, malcc the inidal motion and providc an ( introdurtion ofi-F the measure. ( (c) :V4-Oardinances shall normally have two (2) separate readings at separaie Council meetings. Unless waivai by the City Cauncil at each reading, the tide of an ordinance shall be read by the City Cltrk prior to its passage; providcd that should a Cauncilmcmber rzquest that the cntire ordinance ar certain of its sections be rcad, such request shall be granted. Pr'►nted copies shall be made available upon request to any person attending a Council meeting. (d) The provision requiring two (2) separate readings of an ord.inance 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 rovision and rcsubmissian to second reading. (f) Any ordinance repeafing any portion of the Spakane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Qrdinanccs repealing earlier ordinances shall not apply to acts, incideats, transactions or decisions occurring before such repeal. 3.09 Resolutions. A resolution may be put to its final passage on the same day on which it was ~ introduced. W~u'le it is nqt necessarv to have thc title of a RGSOlutian read alaud. MeA -ef, Council may invoke the two (2) reading proccdures dtscribed in Section 3.08 (e) above to facilitate public understanding and/or commcnt on the resolution. If Council invokes the im reading.proccdures. . 'u .le55 N~ ake' _~t~~Geune-A;-be-:eq# ,~--~1-~s-~=,~- Aa C!wuncilmember may request that the entire resolution or ccreain of its sections be rcad, and such rcqucst shall ix granted. Printed copics shall be made available upon request to any pcrson attending a Council mceting. 3.10 Reconsideration. Any action of the Council, including final action on applications for legislative changc.~ in land use status, shall be subject to a motian to reconsider eicept: 0 any action previously reconsidercd, • rnotions to edjourn or motions to suspend the rules, • an affircnative 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. Govcrnancc Manual 15 i I I Such niouon tur rcwnailerauun cau uril} be niaue b}' a n3eini?e; or tt:e prevalliIlg sicie un ti original aciion. A motion to reconsider must be madc during the same Council meeting. motion to rcconsider is debatable oniy if the action being rcwnsidered is debatable. Upan passage of a motion to rcconsidtr, the subjcct matter is rcturned to the tablt aaew at the next _ ngular Council meeting for sny action the Council deems ad-v-isabla Aqv motion for Commant [cbs): Accordicg ro I reconsideration of a marier which was the subject of a required public hearing or which is a quasi• K0bcm'R"k'' hQ nwtiwc=b` ftk"n judicial maiter may not bc discussed or acted upon unless and until the parties ar their attomeys , O01 ~°°d and the pcrsons tcstifying have becn given at least five (S) days advanco notice af such discussion - and/or action. 3.11 Legislative Pracess, Preparation, Introduction and Flow oi Ordinances and Resolutions and Motions. Ordinances and Resolutions v►-ill customarily be prepared, introduced and proceed in the manner desenW on the flow chart attached hereto as Exhibit A4, and by this reference incorporaied herein. Prior to final passage of all ordinances, resotutions or motions, such documcnts or proposats shall be designated as DRAFTS. All such draRs shall also be datcd to include the most rccent revision. (a) PROPOSED DRAF46 shall sentai ua_~ !x.u~Iwr~-:':a-l~; i~:-- •'LS ~ r ~:a ~.r_ ' COffITEflt [Cb4l! OdN.T 1T1CeI COQ1PIe7t ordiaancd, a hns neva boca dooc; md b I . _ . » ` - . hs` ne~~a baa done at all. I~aQ or delete7 3.12 Complainb And Suggestions to Couacil. When citizen complaints or suggestioas are brought before the City Council an matters not on a Cauncil agenda, the Presiding Offic-er shall, in consultation with tho City Managor, first determine whether the issuc is legislative or adminisvaiive in nature and then: (a) If lcgislative, end a complaint is about ttle language or intent of legislative acts or suggcstions for changes to such arts, and if the Council finds such comglaint suggcsts a change to an ordinanct or resolution of the City, the Presiding Qfficer may refer the matter to a committcc, administration, or the Council-of-the-Whole for study and rccommcndation. (b) If administrative, and a camplaint regards adminisnative staff performance, eacecution of legislative policy or administrative policy within the authoriry of the City Manager, the , Presiding Officer should then rcfer the cromplaint directly to the City Manager for review, , if said compla.int has not bcen so reviewcd. 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 Permissjon Required. No overticad projcctivn, photvgraphs, motion picture.5, or <<ideo tapes that require the use of floodlights, or similar srtificial illuminaiion shall be used by thc pubtic at City Council meetings without the prior consent of the Presiding Officcr or the City Manager. F.red of Article 3- Council Procedurea Governancx Manual 16 AR7'ICLE 4- COMMIITEES, BOARDS & COMMISSIONS 4.01 Committees. (a) A11 standing Committccs, Boards, and Commissions which are requirod by state law shall bc appointod by the Mayor with confirmation by the Council. (b) All other Council Committecs, Citizen Task Forcc groups and rules or operating procedures thercof shall be ostablishcd by Councii Direccive «-ith 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 cxceed rivo (2) years or thc term of the appointing Mayor, wtuchever is less and provided with a clear task description and "sunset" provision. Appointment shall be by the Mayor. Council may waive conPirmadon 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 eontinue ta be appropriate and necessary. Members of any Committee, Board or Commission which have been appointed or confumod by the Council, may be removed wittiout cause by a majority vote of the Council. A copy of the motion(s), or as hereafter amended, tstablishing committees, lia.isons and citizcn's task force groups shall bc attachcd hcreto, ay Exhibit A-S. (Set thc attached rtlated charts Exhibits A-6 (1) (2) & A?,) tomment (cbr]c no«ehisrtW coasw (c) Other specisl 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" pmvision. (d) Committees, liaisons and citizen taskforce groups shall be given an opportunity to make a recommendation, when appropriate, on proposed ordinsnces, resolutions and motions within their area of responsibility or interest, before action is taken by the Council. The appropriate spokesperson shall prcscnt the recommendaiion(s) during discussion of that bwinzss item on a Council ageada. (e) Councit member(s) may bt: designated by the City Council to take the lead on particulaz ~ significant issues and to provide an appropriate feedback of information to Council, in order to gain corporate approval and coordination of eorporate efforts. No Councilmcmber may speak for the Council unless Council has designated that person as the lead on thai particular issue. (t j `o Adv-isary Baard ar Commission shal) take any final uction outsidt of an open public meetins-,. 4.01 Council RelaNons Hith Boards, Commissions and Council C'itizen Advisory Bodies. r'Ul staiutory boards and commissions and Council citiuen advisory bodies of the City of Spokane Vallcy shall provide the Council with copies of minutes of all mcetings. 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 "Gommittce, Aoard and Liaison Reports." Should any member uf the Council detennine that any stich communication he officiallv ans«crcd b} thL Council, the Governancc N'Ianual 17 Presiding Officer shall place thc matter on thc agcnda under Ncw Business for the currmt meeting or any subsequent meeting. End ojArticle 4- Conunittees, Boards & Commissions ARTICLE S- RELATIONS WITH C1TY NiANAGER & ADr*IINISTRA'TION 5.01 Role of the City Manager. The City Manager is the ctuef adminisvszive officrr of the City of ~ Spokanc Vallcy. The Civ Manager is directly accountable to the City Council far the cacecution of thc City Council's policy dirertives, and for the administration and management of all City departments. 'I"ne powers and duties of the City Manager are defined by Washington law, RCW 35A.13.080. Such dutics may be expanded by Ordinanct or Resolution. Balanced %vith City Manager's accountability to the City Council for policy implementation is the nced for the CounciJ ta► allow the City Manager to perform legally dcfincd duties and resgonsibilities without interference by thc City Council in the day-to-day managcment decisions of the City Manager. 5.02 Administrative Interference by Counciimembers. Neither the Counci) nor any of its comm.ittees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Mnnager or aiiy of hisl'her subordinatcs. Excapt for the purpose of inquuy, the Council and its members shall deal %v7th the administrative branch solely through the City Manager and neithcr the Council nor any committee or member thereof shall give any orders to any subordinate of the City Manager, cither publicly ar privately; provided, howcver, that nothing hercin shall be construed to prohibit the Council, while in open session, from fully and freely discussiag with the City Manager anything pertaining to appointments snd rcmovals of City officers and employees and City affairs. (RCW 35A.13.120.) ~ 5.02.1 Informal Communirntioas Eacouraged. Thc above RCW requirement e€R6A'-~s not to be conshved as to prcvent informal communicadoas 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 Gity staff for the purpose of gathering informetion, obtaining explanatioas of policies and programs or providing incidrntal information w staff relevant to their assignment Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councitmembers must be carcful in such intcracdon to avoid giving d'uection or advice to members of City staff. While maintaining opcn lines of communication, City staff responding to inforniatiQn requests from Counciimembers will inform their supervisor of such contact and provide the supervisor writh the same information shared with the Councilmember. 5.03 AdministrAtive Complaints Made Dlrectly to Individual Councilmembera. Whtn administrative policy or administrative performance complainu are made dircctly to indiN7dua1 Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for reN-iew andlor actian. The individual Councilmember may request to be informed of the action or respanse made to the complaint However, the City ?vianagcr shall not be requirai to divulge infonnation hc/shc deems confidential, in confornury w7th applicable statutes, ordinances, rogulations, policies or practiccs. 5.04 Administretive 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 admirustraiive sppzals Governance Maaual 18 which may actually delay a timely customer service response. The best policy is to gei the citizen into direct contart with customer service unless an unsatisfactorv result has occurrcd. In that case refcr to Srriion 5.03 above. End of .4rticle J- Relations witlr City :1larrager & Administratiai ARTICLE 6- PUBLIC HEARIl\G PROCEDURES 6.00 Thcre are two types of public hearings, legislative and quasi judicial: (a) Legislative public hearing are hearings held to obtain public input on legislative decisions on matters of policy. Legislaiive public hearings are requircd by state law when a city or county addresses such matters as comprehensive land use plans, or the annual or bicnnial budget. Thty are generally less formal than quasi judicial public hearings. They do not involve the legal rights of specific, private parties in a contested sctting, but rather affect a w-ider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second-guessed by the courts; if challcnged, they are revicwed anly to determine if thcy are conseinitional or violaie state law. For example, a court will not revicw whethtr the basic budgetary decisions made by a city were correctly made. (b) Quasi ;judicial public hearings involve the legal rights of specific parties, and the decisions made as a resutt of such hearings must be based upon and supported by the "recotd" developed si the hearing. Quasi-judicial hcarings are subject to stricter procedural requirements than legislative hearings. Most quasi judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MIItSC Publie Hearings W11cn and How to Hold Them by Bob Meinig, MRSC Legal Consultant August 1998) 6.01 I.egislative Pubtic Hearinga: (a) State statutes do not specify how public hearings should be conducted. Because legislative hearings ere gcnerally informal, the main cancern is to provide an opportuniry for all attending memhers of the public to speak if they so desire. Time limits should be placed on individual comments if many people are intending to speak, and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing should be stated by the presiding official at the beginning of thc hearing. (b) Actions for a Public Hearing. Prior to the start of the public hearing, the Presiding Officer announces the following Rules of Ordor: ~ 1. All public comments shall be made from the speaker's rostrum, and any 4individual making commeats shall first give their name and address. This is required because an official recorded vanscript of the public hcaring is bcing made. 2. No comments shall be made from any othcr location, and anyone making "out of urdec" comments shall be subject to rcmoval fram the meeting. 3. Unless othenvise determined by the Presiding Officer, all comments by the public ~ >hall be limited to thrce minutes.per -pea}cc~. Governance Manual 19 4 There will bt no demonstrations, applause or other audicncc participation, before, during or at the conclusion of anyone's presentation. Such exptessions arc disruptivc and take time away from the speakcrs. 5. These rules are intended to promute an orderly systcm of holding a public hearing, to ~ give persons an opportuniry to be heard, and to ensure that individuals are not cmharras,ed hy cxercising their right of free >pezill. I c. The Preciding omcer dcciares the public hearing on (topic) op~n. notes_the ~ime for such op.gling. and asks staff to makc thcir prestntation. d. After staff' presentaiions, the Presiding Officcr calls for public testimor.y. c. The presiding officer asks if any members of Council have questionS of any oi tFt:: spcsk::rti or staff. If am• Councilmember has qUestions, the appmpr: te irL iL ?1 t~i!I hc rccall:::i to chr t'~~~itU?i?. I l. ~ ll-l`!l~ `,.1~_. .._...:i:~ ~.ll.~... ~ ll. i;_.j . I.~ . ~.i _ 1' . ` .I' _ _ 6.02 Quasi-Judicial Public Hearings: 1. Snecific Statutorv Provisions, a. Candidates for the City Council may express their opinions about pending or proposed quasijudicial actions w-hile campaigning, RCW 42.36.040, except that sitting Councilmembers shall not express their opinions an any such matttr which is or may come befare the Conncil. b. A candidate for the City Council who complies with all provisions of applicable publie disclosure and ~ ethics laws, shall not be limited under the Appcarance of Fairness Doctrine from accepting campaign contributians to finance the campaign, including outstanding debts. (RCW 42.36.050) c. Ex Parte communicatians should be avoided whenever possibie. During the gendency of any quasi judiciaI proceeding, no Councilmembtr may angage in ez parte commntications w7th proponcnts or oppanents aboui a praposal involvod in the pending procttding; unless the Councilmember: (1) places on the record the substance of such oral or written communications; and (2) grovide&I chat a public announcement of the content of the communication and of the partics' rightl to rebui thc subsiance of the communication shall be made at each hearing where actian is takm or considered on the subject. This does not prohibit correspondence between s citiun and his on cec elected official if the eorrespondenc._ ~ II18dC 8 42.36.060 d. Pl1b1iC 1tit. 11'ie i.,t1}l.icir, !)I ii:I l 1:IdlliLcllll cu jJu i1Ii4. ul~~i~!>Uil lill. '•~aiil.fl ~lla ll bl: c:\u6,.. for inspcction by the publie. As to elected officialc. the file ~zha11 cc+ntain copies of all disclosure for filed with the VVashington State Put, e. Procedvre On Apptication. Anti hearing before the Planning Commissian and City Council shalt be Frovided with a document containing the fotlowing information: (1) the names and address of all members of the City Council, and the Plnnning Commission, (2) a statemeni that public disclosure information is available far public inspectioc-i regarding all such Councilmembers, and (3) a statement that if the applicant intends to raise an) ~'•=•r~-z~~1-,-•r f1;rnC',q i~ti?!l', t}'l ?Pr!'-C:l±lt Ai)!1?i' d(1 S() 1!t 3::} Iw(1 N\':'.C'P:~z tir'(1r to iin\• pt1h1iC fteafl`t~ if thc grounds for such issue are then kno~km and in all cases, no later than beforc the opening of the public hcaring. The applicant shnll sign a receipt for such documrnt 2. ActionslProcedures for a Ouasi-Judicial Public HearinQ. pfieFie ' . 'a. . . .1 C! . ri , • Qffieefr r y efthe C-euReil, r _ . - _ . -'-r•. c-. - ` c,.~ : • - ! • , Nte. See the following_.Sr)okane Valicv Municival Code vendix C fot Citv Cottncil gppeal hearinQ Qrucedures~ Aonendix C GITI' COUtiCIL APPEAL HEARIh'G PROCEDURES A. "The council shall not consider anv new facts or evidence outside the verbatim transcript and ccrtified rccord submitted by the hearing examiner, except for: 1 Grounds fQr diMalification of the hearing cxaminer, when such urounds were unknowm bY the a,noellant at the time the rccord was crrated; Oi 2 Matters that were im=nerlv excluded from the record aftcr bcing offercd by a~ tY o the hearing before the hearin~ examiner, or 3. Matters thai tivere ouisidc the itirisdiction of the hcacing examiner. The counci1 Shall allow the recvrd to bc suRRlemented if the offerin¢ party demonstratas erQUnds for smp,nlementation as set forth in subsations (A)(1). (2) or (3) of this anDCndixa Anv naM retraessting that the rccord be supplcmentcd shall submit such reauest. alona with the snecific evidence to be offtred to the council «7thin 14 calendar days of the daic the gppcal hearing was scheduled. b. The council may m,qsiire or vermit the cocrection of minlsisrial errors or inadvcrtent omissions in the prog r i.on of thc record c. The council will allovv the submittal of mGmoranda by the appeltanL or agaM of rccord in oPposition to the MZ&W. subjcct to the follo«Ug.~.qu.irements: j. The apQcllant maY file a mcmoraadum in sunport of the appeal. Tht mctrtarandum must be filed no latcr tban 12:00 noon on the third Fridav prece4ing che date sct by the council for cansideration of the appeal. ii Any paM of rccard in opposition to the apneal mav submit a revly m morandum in a~,sition to ths anpeal. Any repiv memQrandum must be filed no later than 12:00 noon on the stcond Fridav prcceding the date set for cQnsideration of the arpsal, iii. All mcm4randa shall bc limitcd to stating whv the rccord or applicable laws or regulations do oc do nat suDport the decision, and shall not cantain anv nrw facts or evi ence, or discuss rnatters outsidc the rccord, excent as permittzd abave, ivs Tbe offerinQ Mrt 'shall promptlY suhmit a copv of the memomndum or reauest to supplement the record to the cin• ettomev, and to opposing parties as practicable, B. The council will al law oral areumcnt bv the anpsllant, or a partv of record in QppQsitioA to the apMaL subiect t4 the followin¢ requiremenis: l. It is expwed thet al lparties can reasonably be aligned as either in suppart of tha appeal or ovposed to the appeal. AccordinQiv, all garties who desire to make oral argumcnt shall communicate with other ics aliQned on thc same side of the appeal and attcmpt to reach agreement in stlectin¢ a Govcrnancc 44anua! 21 WresentAtivc, o* nthrnvisG arrange for the allocation of time allowcd under these rules to those in support of or those opRaxd to the anp,rral, 2 Qral araument shall be nreseutod first bv the aancllanL follow•ed by those oarlies of rccord in Qpposition to the %neal. and then rebuttal and surrebuttal. 3 Ora1 arqumrnt shall tx limited to sUting wfiv the rccord or ap,rlicable laws or rcaulstions do nQt support che dccisian. and shall not contain any new facu or evidence unless allowcd by subsecdon A of this vmdix. 4 Oral ar¢ument shall be limitcd ta 20 minutes total for the appeilant. and 20 minutes total for th-ose parties in qvnosidon to the agpea.l. rcaardless of how meny Rgies make up each sida. 5 The reMtrtive times allowcd for oral argumeat above include the combincd time used by a side for oNning.ary-umcnL rcbuttal and surrebuttal "IThe time taken to respgnd ta questions frum thc council is not included 'w the time aUowed for argumettt, C. The caumcil may affirm or rcverse the hearing examiner's decision, ar remand it for further procceding 'Ihe hearing examiner's decision w•ill be presumed ta be correct and suRRotied bv thc record and la«• A tie vote on any motion shall have the effect of affirming the hearing examincr's deci D The council maY raverse the hearing examiner's decisiQn or remand it for forther vrug&s, if the Mpellant has carried the burdrn of escablishing that ocie or more of the follou7ng standards is met• 1 The h~g eraminer eaQaged in unla«dul procodurc or failed to follow a prtscnbed nrocem uniess the ernor wss harmltss: 2, T'he dccision is an erroneous intrrpretation of thc law, after allowing for such defcrcnce as is due to canstruCtion of la-.v by a local iuisdiction with " ise: 3 The decision is nQt sspported by evidence tbat is substantial when viewed in Hght of the entire rGCOrd. 4 The decision is a clear(y ~~eous application af the law to the facts• 5. The decision is outside the suthoriiy of the hearing ex=incr. E 1he council may► also rcrmd thc desisi n to the hearina examincr if the anollant offers newly discgvetei evideact that wonld reasanabty have affected the decision had it been admitted in the proccedines before the hearinQ cxaminer. "T'cwl,y discovored evidence" is N7dence that with reasonable dilgenct could not have bm di.scovtred and p-roductd at the time the roce ' s before the hearina c~aminer were conductod, F. Ihe council shall adopt -written findinas and conclusion in suPport of its dccisiQn. If the council concludes that a findine af fact bv thc hearing examiner unon which thg dtcision is ased. is not su,.pgg..,rW bv sub tial evidence the council may madi&, the 5nding or substitute its owr finding ci ' substantial evidcncc in thc recQrd that supports ths modified or substitute finding.ln the event Af a tic vote on the proposrd findings of fact, that vote shall be considered a final actiorL the fin ings shall rcflert the same, and ft decision of thc hearin¢ cxw~ner shall be af6rmcd. G. council's decision shall include a notice stating that the decision can be avRWed within 21 calendar days fram the date the decision was issucd bv filing a land use cxtidon with the suoecior court as provided in Chanter 36 ?OC RCw and m"tine the ather pravisions of such chAnter, and that the decision ~hall act as afficial natict undcr RCW 4311 C,075, H The nQtice included in tie council's decision shall also qate that affected proMM owmcrs ma,y regusst the Spakanc Caunt,ka.sscssor for a chanQC in valuatiQn for,12ropertv tax 12Mposes notwithstanding anv nroszrram of rcvaluation, pursuant to RCW 36.70B.130, I Thc citv clzrk shnll A7thin five busincss d8vs from thc daiz of the council's decision on the aRpo. mail a coQv of thc cauncil's decision to the snnellant the iWplicant (if differrnt than the $pncllant anv ocher party wh4 tcsiificd or suhmittcd a memarandum at the closed record aoneal hearing before the cc,uneit anv nersoa wfio rcautsted nodee of thc dccision and any person w•ho submitted substaniive comments on the application The city cleck shall also providc notice of thc decision to thc county assessor. J'A''here the hearin¢ eYaminer's decision recommends anproval of the p,ropgsal and no appcal has been filcd %ti-ithin the time neriod set forth above the citv manaFer or designec shall modifv the aflicial zonin¢ Govanance Manual 22 rriaYn of che Citv ascording to the hearing examiner's decision. The modification of thu xoning map completes the hew*g exatnincr's dccisi4n an shall be considered the final le¢islative ac 'on of the citv council Such final action, for zoningour~oses. is considcred en official control of the Citv bv exercise of it5 zo~ingan,d planninst authority,vunuant to washin-gion law lOrd 08-022 20081 `r`- .-.1. ~:.'y~ . . ` • 1- ~ . , y T'•. ' 't°...- _ , t`. ~'f ' . ' t~ '4'•_•.. ..I~: . . . ,l . . 1 Na eefpmeels sheAl be made fmm any OtheF leeatieft, u ~ r . s t" ' . r+i , , _ . . . . riti , • • 3^ w• ~ F` i . '=-pan efthe Feeerd." A' 1 • I ofFS-pekane : a • ~ ~ : ~t_:.-ti-~ ~ _ - _ 1 t~.--_ , t - _ .F "f'Y'! . 1Y . ~-~4. ' `S._.~~1. , +~l'_ . . - .t„ 1 ~ : Govemancc N-fanual 23 f~"►'_f2t:~ti:i~'•_ _ ' ' " _ . . , . _ , _ . . . ^-2'Y':~'S~i t . . 4 iamduee , pFopenefi; OF iS FAIOWOd tO dO se. ~ f4all . c-li } • A --~hi'-@dfi}}" . . the m • ~ giri-?-E3 {r }.alr.;::.~u;is~ . ~ ~t.it'~:?H?:'--?.~s-i=:-~~:t' ~ _ . .i."I ~ r_. C 4 ' I' . • o,~ . . ui?' 4'_'t~G'CT~tt'z°-it:~:.:.~?_-'-:~:...:t.:4_..~.~~~4~-~?~-.~.~s:.~..~•--aur..i--~•.l~~Ct,: T:-:....:•.:a:4•'+=-t~:-'t-j-6.:. : :•~'r. matioa , -i~ :i- ~ c FeNewing . . , _ . :i . . . . howevef, -r ele ag u • r u • its! The .1... .::3-~'r2".-'Ft:'.~-E~:-?~:c'f--f':~::'rt?-tr-:.^1:-:t'-:71:' , r:~`':?c`i-t?i•,:.~.c:.i. ..-'.r_!:..• . ~.'~~".i.--::_`~:..'- , ...~.ar--..=i'~ "7!"'--.. ,.'.i:.~-~._.`-~~:.~--:"t:~ -_,._.._:_''_':7't'=.-`'t~.;:==:::'..~ . . . .7 't . . . . _ . . _ ~ !r"~...c'"'.~1'rT".;~t'-I'r-^.'._. ) . _ . . 1 / PPeSidiflg . . - F -16. t'44r2`-_~?i.i~~. et~'•; z.+i--.=r~T- :.;3 43. Appearance of Fairncss Doctrine. the , . a. . . ,.aLr-io;-ta-ba-#~ , • • - - ~ - Governancc h4anual '4 "T}ic test of whether the appearancc of fairness doctrine has bcen violaied is as follows: Would a disintcrested person, having been apprised of thc totality of a board member's pcrsonal interest in a tnatter hzing acted upon, bo reasouably justified in thiiil:ing that partiality may exist? If answered in the affirmative, such deliberations, and any course of conduct reachcd thereon, should be voidal." w' vs lsland Countv. 87 Wn.2d 348 (1976). Smith vs, Skaait Coun . 75 Wn,2d 715 (1969). b. Typcs 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 rs actions of the City Council which detcrmine the legal rights, duties, or priviltges of spociSe parties in a hearing or other contested proceeding. Quasi judicial actions do not inctude the legislsitivc actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of azea-wide zoning ordinances or the adoption of a zoning amendment that is of area-widc (versus sitc-spccific) significance (RCW 42.36.010). Street vacations are typically lcgislative actions, unlcss clearly tied to, and integrated into, a site-specific develapment proposal which is quasI judicial in nature. c. Obligatiaru of Councilmembers - Proeedure. 1. Immcdiste self-disclosure of interests thai may appear to constitutc a conflict of intcrest is hereby encouraged Councilmembers should recognize thai the Appearance of Faimess Doctrine does not require establishment of a canflict of interest, but whether there is an appearance of conflict of intaest to thc average person. This may involve the Councilmember or a Councilmcmber's business associate, or a member of the Councilmemba's immediate family. It could involve ex porle (outside the hearing) communications, owmership of property in the vicinity, business dealings with the pmponents or opponents before or after the hearing, business dealings of the Councilmcmber's employer with the proponents or opponents, announced predisposition, and the like. Prior to any quasi judicial hearing, each councilmember shauld give consideration to whether a potendal violation of the Appcarance of Faimess Doctrine exists. If the answer is in the affirmaiive, no matter how remote, the Councilmember should disclose such facts to the City Menager who will seek the opinion of the Ciry Attomey as to whethcr a potential violation of the Appearance of Fairness Doctrine exists. The City Manager shall cammunicate such opinion to the Councilmember and to thc Presiding Officer. 2. Anyone seeking to disqualify a Gouncilmember from participating in a dzcision 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 lnown, prior to the issuance of the dccision. Upon failurc to do so, thc Doctrine may not lx relicd upon to invalidate the decision. The party sceking to disqcialify the Councilmember shall state w7th specificity the basis for disqualification; for example: demonstrated bias or prejudice for or against a party to the procecdings, a monetary interest in outcome of the proceaiings, prejudgment of the issue prior to hearing the facts on the record, or cx parte cantact. Should such challenge be made prior to the hearing, the City Manager shall direct the City Attorney to interview the Councilcnember and render an opinion as to the likelihood that an Appearance of Fairncss violation w•ould be sustained in Supcrior Court. Should such challcnge be mnde in the course of a quasi ;judicial hearing, the Councilmember shall either rccuse him/herself or the Presiding Officer shall call a recess to permit thc City Attorney to make such interview and render such opinion. 3. The Fresiding Officer shall have authority to request a Councilmember to excuse him/herself on the basis of an 4ppearance of Fairness violaiion. Further, if two (2) or more Councilmembers believe that an Appearance of Fairness violedon exists, such individuals may move to request a Councilmember to excuse him'herself on the hasis of an ,Appearancz of Faimess violation. In Governance Manual 25 arriving ai this decision, the Presiding Officer or othar Councilmembers shall give due regard to the opinion of the Ciry Attomey. d When Council conducts a hearing to which the Appearance of Fairness Doctrine applies, the Presidi.ng O£ficer (or in thc case of a potential violation by that individual, the Mayor Pro Tem) will ask if any Councilmember lnows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrinc. The form of thc announcemcnt is as follows: All Councilmembers should now give considcration as to whether they have: 1. A demonstraied bias or prcjudia for or against any party to the proceedings; 2. A direct or indirect monetary intaest iu the outcome of the proceedings; 3. A prejudgment of the issue prior to hearing the facis on the record; or 4. Had ex parte contact with any individusl, excluding administrative staff, with regard to an issue prior to the hearing. If any Councilmembcr should answer in the affirmaiive, then the Councilmembers should state the rcason for his/her answer at this time, so that the Chair may inquire of admitistation as to whetha a violation of the Appearance of Faimess Doctrine exists. 6.A3 ~ RGW. , . _ w eeneuffeady . ► Requimments » 1 • ~ 6GffiPNkeFISiY9 P168; povernana Manual 26 F' . , ~ CC f ~ •"Y Plan-, 1 waier., Y L' ` , ti.d~Y"t•~`~ , 1 , ~y f i.: ki_ ' f wilities, afff 0-9 0. * . _t ,--l f s ii. . t=:. r eth .l- a , , . . . _ J rr~~. ~ i~. ~ • - _ ~}1..~ .w-.;.' .St-;.~.. _ ~ _ . -?i ,_.i'':.-. _ -..~C:-'v.. - , . .ti::-. .i . , 1. , • ' •f r• l either the appl • 7 1 t . r-ef . , Eird aj:lrticle G- Publrc Hearir,g Pracedtires AR"i'ICLE 7 - USE OF RULES Goti•ermmn:t Manual 27 7.01 Purpose. Thtse City Council Rules of Procedure are dcsigned to proN-idc guidance for the City Council. They are not to b+e considered restrictions or expansions of City Council authority. These rules have been prepared fmm review of many statutes, ordinances, court cases and other source.s but they are not intended to be an 8mendment or substitute for those statutes, ordinances, court dccisions or othcc autharity. 7.02 Use. No action taken by a Cauncilmember or by the Council which is aot in compliance with these rules, but which is otherwise lawful, shall invalidate such Councitmember's or Council action ar be deemed a violation of oath of office, misfeasance or malfeasance. No authority other tbgn thc City Council may enforcc these rules or rely on thcse rules. Failure of the City Council to follaw any of thcse rules shall bc considered a Council derisian to waive such rulc. No nodce of such waiver nad be given. 7.03 Public Use or Rcliance Not Intended. Because these rules are designed to assist the City Council and not to provide substantive rules affeccing canstituents, it is expressly stated that these rults do not canstitute land use regulaiions, official controls, "appearance of faimess rules," public hcaring rules or other substantive rules binding upon or to bc used by or relird upon by members of the public. Thcse rules do not amend statutary or other regulatory (such as ordinance) rcquiremenu. End ojArtrcle 7- Use ojRule Gavcrnancc Manual 28 CS ITY OF pkane ~ 40 Valley • Governance Coordinaft*on Manual Resolution 09-012 Attachment A A Comprehensive Collection of Meeting Rules, Coordination Procedures, Administrative Public Hearing Procedures, and Applicable References from the Revised Code of Washington Adopted September 8, 2009 Resolution 03-028 adopted 5-13-2003, replaced by Resolution 04-013 adopted 5-25-2004, replaced by Resolution 05-021 adopted 9-13-2005, replaced by Resolution 06-022 adopted 11-14-2006, replaced by Resolution 07-020, adopted 12-11-2007, replaced by Resolution 09-0I2, adopted 09-08-2009 Govemance Manual 1 TABLE OF CONTENTS ARTICLE 1- COUNCIL MEETINGS 4 1.01.1 Council Meetings - Time and Location 4 1.01.2 Council Meetings - Open to the Public 4 1.02 Election of Officers 4 1.03 Presiding Officer 5 1.04 Mayor/Council Conespondence 5 1.05 Quorum 5 1.06 Attendance, Excused Absences 5 1.07 Special Council Meetings 5 1.08 Council Material 5 1.09 Council Packets 6 1.10 Council Meeting Agenda / Consent Agenda / Amended Agendas 6 1.11 Approaching the Dais 6 1.12 Study Sessions and Workshops ..............................................................................................6 1.13 Council Travel Provisions 7 1.14 Telephone Tree 7 1.15 "Three Touch Principle" 8 1.16 City Manager 8 1.17 City Clerk - Minutes - Public Information Access 8 1.18 City Staff Attendance at Meetings 8 ARTICLE 2- DUTIES AND PRIVILEGES OF MEMBERS 9 2.01 Respect and Decorum 9 2.01A Forms of Address 9 2.02 Seating Arrangement 9 2.03 Dissents and Protests ..............................................................................................................9 2.04 Filling Council Vacancies 9 ARTICLE 3- COUNCII.. PROCEDURES 9 3.01 Rules of Order 9 3.02 Motions and Discussion .......................................................................................................10 3.03 Order of Business (including Executive Sessions) ...............................................................10 3.04 Adjournment Due to Emergency or Disruption ...................................................................12 3.05 Permission Required to Address the Council .......................................................................12 3.06 Voting and Tele/video Conferencing ...........12 3.07 Enacted Ordinances, Resolutions and Motions ....................................................................14 3.08 Ordinances ............................................................................................................................14 3.09 Resolutions ...........................................................................................................................15 3.10 Reconsideration ....................................................................................................................15 3.11 Legislative Process, Preparation, Introduction and Flow of Ordinances, Resolutions and Motions ................................................................................................................................15 3.12 Complaints and Suggestions to Council ...............................................................................16 3.13 Photographs, Motion Pictures, Video Tape Permission Required for Artificial . Illumination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..16 Govemance Manual 2 TABLE OF CONTENTS, Continued ~ ARTICLE 4- COMMI'~TEES, BOARDS & COn'IlVIISSIONS ..............................................................16 _ 4.01 Committees ..........................................................................................................................16 4.02 Council Relations with Boards, Commissions and Council Citizen Advisory Bodies ........17 ARTICLE 5- RELATIUNS WITH CITY MANAGER & ADMINISTRATION .................................17 5.01 Role-of the City Manager .....................................................................................................17 5.02 Administrative Interference by Councilmembers ................................................................18 5.02.1 Xnformal Communications Encouraged ...............................................................................18 5.03 Administrative Complaints Made Directly to Individual Councilmembers .........................18 5.04 Administrative Complaints - "Best Practice........................................................................ 18 ARTICLE 6- PUBLIC HEARING PROCEDURES ............:...................................................................18 6.00 Types of Public Hearings .....................................................................................................18 6.01 Legislative Public Hearing ...................................................................................................19 6.02 Quasi-Judicial Public Hearing 20 1. Specific Statutory Provisions 20 2. Actions/Procedures for Quasi-Judicial Public Hearing 20 3. Public Hearing Format 21 4. Appearance of Fairness Doctrine 22 6.03 Site Specific Comprehensive Plan and Zoning Amendments (Rezones) 24 ARTICLE 7- USE OF RULES 25 7.01 Purpose .................................................................................................................................25 7.02 Use . 26 7.03 Public Use or Reliance Not Intended 26 Exhibits and attachments: Exhibit A-1 Telephone Tree Memo 27 Exhibit A-2 Telephone Tree for Council / Manager Chart 28 Exhibit A-3 Parliamentary Procedure at a Glance 29 Exhibit A-4 Legislative Process Flow Chart 30 Exhibit A-5 Committee Structure and Rules 31 Exhibit A-6(1) Task Force/Town Hall Meetings General Model 33 Exhibit A-6(2) Multi-Agency Coordination ~Task Force Model 34 Exhibit A-7 Citizen's Task Force General Model Chart 35 Eachibit A-8 Revised Code of Washington, 35A.13, Council/Manager Plan 36 Exhibit A-9 Amended General Policy Resolution of Core Beliefs 43 Governance Manual 3 ARTICLE I - COUNCIL MEETINGS - 1.01.1 Council Meeting - Time and Location. Unless otherwise specified in a meeting notice, regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m. 1.01.2 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. Councilmembers «+ill notify appropriate staff of Councilmember's plans to attend any of the various outside public meetings hosted by other organizations or agencies, so that notice may be published concerning such attendance in order not to risk any real or perceived violation of the Open Public Meetings Act. 1.02 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. T'he 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 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. (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 inembers 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 members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate. 1.03 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. Govemance Manual 4 1.04 Mayor/Council Correspondence. Councilmembers recognize that in the CounciUManager form of government, the Mayor is recognized by community members as a point-of-contact. To facilitate full communications, staff will work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence d'uected to the Mayor regarding city business. This provision will not apply to invitations for mayoral comments at various functions nor requests for appointments nor other incidental contact between citizens and the Office of the Mayor. 1.05 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 adjourn.ment 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) 1.06 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. Following roll call, the Presiding Officer shall inform the Council of the member's absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion by a majority of inembers present, the absent member shall be considered excused and the City Clerk will make an appropriate notation in the minutes. 1.07 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. (c) The notice shall be delivered in person, 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 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 withi.n 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. 1.08 Council Material. Councilmembers and affected staff should read the agenda material and ask clarification questions of appropriate staff prior to the Council meeting, when possible. 1.09 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 Governance Manual 5 further directed by Council. Councilmembers have the option of accessing their Council packet via the City's website, and unless notified otherwise, the City Clerk will not prepare a hard copy agenda packet for individual Councilmembers. 1.10 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 adjusting the agenda as necessary. 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 preceding a Tuesday regular Council meeting, or at the close of business at least 24 hours preceding a special Council meeting. Agendas may be amended as required, and expeditiously distributed to Council and appropriate staff. Requests for presentations to be scheduled on the formal agenda imply that the presentation is the official business of the City, and such requests should be submitted to the Ciiy Clerk at least five (5) days prior to the appropriate council meeting. Playing of video tapes, DVD's, PowerPoints, or other electronic presentations shall be pre-screened by the Presiding Officer or designee who shall rule on the appropriateness of the material. The Presiding Officer, tluee (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 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 proper Council motion on the consent agenda is as follows: "I move approval of the consent agenda." This motion will have the effect of moving to approve all items on the Consent Agenda. Since approval of any item on the consent agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the consent agenda. Therefore, prior to the vote on the motion to approve the consent agenda, the Presiding Officer shall inquire if any Councilrnember 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 t11e agenda for the current or a future meeting. 1.11 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 photograpby, tape recording, and written handouts. The Council reserves the right to invite anyone forward to be addressed at the dais. 1.12 Study Sessions and Workshops. The purpose of Study Sessions is to allow Councilmembers to be made aware of impending business and allow ioformal 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 Govemance Manual 6 il I comsuming, campTex matters (i.e., budget, cumplex legisjation or reparts, etc.). Workshops ' and Study Sassions shall be in a]ess fortnal setting, caun+cil may he se$ted other than at the ' dais, but shal1 not diseourage public ahservation. There will be no public comment at s#udy sessions although the Council may request participatian in the same manner as a regular Council meeting, The City Clerk, under the directioa of the City 1Vlanager, shall II arrange aCauncil study sessian or workshop agenda for the meeting. The agenda shall, for each r"tem, cantain the discussian subject, the discussian leader, the activity and the discussion ~ gaal, A.fter the graposed agenda has been approved by the Presiding Qfficer, a copy af the agenda and accumpanying background inaterials shall be prepared for Councilinembers, the City lYlanager, and the press, nn ar before 4:30 p,mr, ane (1) day befare the Council study session or wvrlcshop. As stated in 1.09 above, Councilmembers have the option of accessing their Council packet via the City's we'bsite, and unless notified otherwise, the City Clerk will not prepare a hard copy agend,a packet f,ar indivadual Councilmembers. During tlie Council stucly session or ivorkshop, the discussion leader slaorald: (a) IrYtroduce the subject and give background iiaformatian; (b) Identify the discussivn goa1; (c) ,Act as facilitatar to keep the discussian focused tavvard the goa1; a.nd (d) Aleri the Presidin9 Uffcer when it is apgrnpriate to call for aconsensus, mation Qr official directian of the Council. The role of the Presid,ing C?fficer is #o facilitate Councitmembers engaged in free f1mving discussion without the necessity of each councilmember 'being recognized by the presiding officer. The Presiding Offieer retains the aption af assuming the function of the discussion leader a# any fime in arder to maintain decorum and ensure a.ll counciImembers have the Qpportunity to be heard, and to keep the discussion praperly focused. 1,13 Council Travel Provisions. This sectian is intended to provide guidance on the utilixatron af the Council budget for city bus`rness related trave] expenses. The total allocat.ion of travel funding budgeted for the Legislative Branch for the fiscal yeax vviil be appor#ioned (117) ta eac.h Councilmember. These monies may be used to def.ray expeases for transpartation, lodging, meals atid 1]iCidBiital expei1Se5 it]GLl1"red Lrl the COt]dLLCt of City buSineSS. Periodic updated statements of expendifiures wil1 be pravided to each Cauncilmembex by the Finance Uepartment. Should a Councilmember exhaust their apportionrn,ent af fiunds, that person will be xesponsible for payment af any travel and related expenses or they may xequest a volun-tary allocation from another Cou.ncilmemher wha has a balance in their travel account. During the last six (6) months of a Councflmember's cunent term of nffice, in~u-tring City business-related travel expenditures require the prior autharization o£ the Finance Committee, except when such travel fulfills the obligations of the Councilmem6er's service on statewide ar regional boards, commissions or task forces. 1.14 Telephone 'Free, Dccasionally there are -very important or emergency hapPenX.ngs in the , cornmu.nity where members of the Council should receive briefkngs as quickly as possible. A Cxty Council telephone tree system has been adopted by Council rnotion and is attached as Exhibit A-1 & A-2. , Gvvemance ManuaX 7 1.15 "Three Touch Principle." Decision makers and citizens at all levels of the City should have adequate time to thoughtfully consider the issues prior to fmal decisions. It is the intent of the Council that the Council and Administration shall abide by 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" the Decision makers three separate times. This includes oral or written reports, "information only" agenda items, or any combination thereof. To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi judicial matters and any subject discussed in executive sessions are excluded from application of the "Tlv-ee Touch Principle." • It is recognized that t unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstances arise which justify a"first discussion" decision, the persons requesting the expedited decision should also explain the timing circumstances. This Priociple excludes staff reports and other general communications not requiring a Council decision. 1.16 City Manager. The City Manager, as the chief executive officer and bead 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 advisable to submit; keep the Council fully advised as to the business of the City; and shall take part in the Council's discussion on all matters concerning the welfare of the City. (RCW 35A.13.080) 1.17 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 Ciiy 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 identifies the general discussion of the issue and complete detail of the official action or consensus reached, if any. . When practical, and with the exception of Executive Sessions, the City Clerk shall audio record the proceedings of all City Council meetings, and shall keep and make available an index of the topics of each meeting which will facilitate location of the item in the appropriate meeting minutes. Access to the audio recordings shall be made reasonably available to any party who so requests, according to City public information procedures. 1.18 City staff - Attendance at Meetiogs. Attendance at meetings by City staff shall be at the pleasure of the City Manager. It is the iirtent of the Council that the City 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 City 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. Governance Manual 8 End of14rticle I - Council Meetirags ARTICLE 2 - DU'I'IES AND PRIVII~EGES UF 1V[EM13ERS 2.01 Respect and Decorurrz. Zt is the duty of, the Mayor and Councilmembers to maintain dignity and respect for their offices, City staff and the public. WYiile the Council is i.n session, the Cauncitmembers sha1l preserue order and decorum and a member sha1,1 neither, 6y conversation ar otherwise, detay ar interrupt the praceedings of the Council, nor disrupt or disparage any mernber -whiie speaking. Cpuncilmembers and the publa'c shall comp'1y with the directives of the Chaix. Any pexsan making disruptive, disparaging or i7npertinent remarks or urrreasonabIy disturbing the busiuess of the Gouncil, either vvhile addressing the Council or atteriding its praceedings, shall be asked to 1eave, ar be removed frorn the meeting. Continued disruptians may result in a recess ar adjournment as set forth ir► section 3.04be1ow. 2.01A Forms of Address. The Ma}rar shall be addressed as "Ma,yor (surname)" or "Your Honor." The Deputy Mayor shall be addressed as iCDeputy Mayar (suxname)" Members af the Council shatl be addressed as "Councilmember (surname)" unless Nvaived by the Presiding Offcer. 2.42 Sestang Arrangement. Councihnem'bers shall occupy the respective seats in khe Council Chamber assigned to them by the Mayor. 2.03 Ilissents and Prvtests. Any Councifinember shall have the right to express dissent firom or protest, oral1y or in writing, against any motian, ordi,nance or resolution of the Council and have the reasan therefare entered ar retained in the min-utes. 2.04 Fiiling Council Vacanc.ies. If a vacancy occurs on the City Council, the Cauncil will follow the procedures outlined in RGW 35A,13.020. In order to fill the vacancy with tbe most quaiified person available until an election is he1d, the Council wi1l publish a notice of the vacancy and the procedure, and di,stribute the application f.arm far applying. `C'he Council wi11 have a-n application drafted which cantains relevant informatiarr to ansiver set questians posed by the Cauncil. The a,pAlication farm wi11 be used in conju.nction with interviews of candidates to aid in the selection af the C,ouncil.member. End of Article 2-Du11e5 and Privaleges o_f'Meiiibers ARTTCLE 3 - CCYC~~~~EL MEETING PROCEDUldES 3.01 Rules of Drder. Rules of ord,er not speci-fied by statute, ordinance ar resolution shall be govemed by the chart of the most common "Rules af arder" questions. AtCached as Exhibi# A-3. The Ciiy Clerk shall keep a copy of the most current 44,RobVAt"s Rules.nf Order" in Cauncil Chambers during Council meetings. (a) Out uf Oa-der Requests. Occasionally a member of the public may wish ta speak an an agenda item but caLnnat remain until the item is reached on the agenda. Duri.ng Open Comments Froxn the Public, such person may reyuest permissian to speak by explaining the circumstances. The . Govemance iVfanual 9 Presiding Officer in his/her sole discretion shall rule on allowing or disallowing the out of order request. 3.02 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. If a motion fails, council can always bring it up at any future meeting; or if a councilmember wants to "reconsider" the motion, the formal request must be made by a member of the prevailing side of a vote either at the same meeting, or at some meeting in the future. 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 or the designated presenter. 3.03 Order of Business. The business of all regular meetings of the Council sha11 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) Ynvocation (c) Pledge of Allegiance. (d) Roll Call (see Section 1.06 for procedure to excuse an absence). , (e) Approval of Agenda ( fl Introduction of Special Guests and Presentations. (g) Councilmember Reports of Council or government-related activities (e.g. synopsis of Committee or boazd meetings). These oral reports are intended to be brief, city work- related," heads-up in nature" or otherwise of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the city on a regional Board or Commission. Extended reports shall be placed as agenda items for presentation or submitted in writing as an informational memo. (h) Presiding Officer's report. (i) Comments from the public on subjects not on the agenda for action - limit 3 minutes each, unless modified by the Presiding Officer. Govemance Manual 10 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 procedwe 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 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 action item on the cunent agenda shall make such request to the Presiding Officer at the time when comments £rom the public are requested during the aizenda 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 com.ment. 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 subj ect. 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 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 inembers present. 7. Council shall not permit public comments if they relate to any matter upon which a quasi judicial hearing has been required, scheduled, or held. See Article 6.01 for procedure for taking public comment on legislative matters. (j) Public Hearings (see Article 6 for procedural details). (k) Consent Agenda (see Section 1.10 for procedural details). (1) Old Business. , Governance Manual 11 (m) New Business. (n) Public Comments. [same as "i" above] (3-minute time limit each) (o) Administrative Reports. Reports or tracking of an administrative nature. (p) Ixiformation only items. (q) Executive Session (as required). If Council holds an Executive session, it will 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 Presiding Officer shall ask for a Motion from Council to publicly announce ' * the purpose for adjourning into Executive Session * the approximate ]ength of time for the executive session, and a. the likelihood of Council taking action at the close of the Executive session and return to regular session, or b. that at the close of the Executive session and retum to regular session, Council will likely take no action but will adj oum the meeting. The announced time limit for executive sessions may be extended by announcement . At the close of the Executive Session and upon Council's return to chambers: * The Presiding Officer will declare Council out of Executive Session *The Presiding Officer will ask for the appropriate motion (i.e. an action motion or adjourn). To protect the best interests of the City, Councilmembers must keep confidential all oral and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers. (r) 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 takivg 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 inembers present, determines otherwise. 3.04 Adjournment Due to Emergency or Disruption. In the event of emergency, such as a fire, thxeatened violence, or inability to regain good order, the Presiding Officer shall forthwith declare the meeting adjourned or continued and the City Council shall im.mediately leave the meeting room. 3.05 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. Governance Manual 12 3.06 Vodog and Tele/video Conferencing. The votes during all meetings of the Council shall be transacted as follows: (a) Unless otherwise provided by sta.tute, 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 wben 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 aff'irmative 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 amendnaent, 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 through pandemic, death, injuries or other emergency, the provisions of RCW 35A.13.035 may be invoked. ( fl 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. (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 proceedings, 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 Councilmember's - own expense, unless waived in the Council motion. Adequate notice must be given to allow hookup in time for the main agenda. Govemance Manual 13 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 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. 3.07 Enacted Ordinances, Resolutions and Motioos. (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. (b) An enacted resolution is an' adminish-ative 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. (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. 3.08 Ordinances. The procedures for ordinances are as follows: (a) A Councilmember may, in open session, request of the Presiding Officer that the Council consider enacting an ordinance for a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration, a committee or the Council-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, Boards and Commissions may also propose consideration of ordinances and resolutions, see Exhibit A-4 attached. (b) 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 of the measure. . (c) 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 Govemance Manual 14 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 requu-ing 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 repealing earlier ordinances shall not apply to acts, incidents, transactions or decisions occurring ' before such repeal. 3.09 Resolutions. A resolution may be put to its final passage on the same day on which it was introduced. While it is not necessary to have tlie title of a Resolution read aloud, , Council may invoke the rivo (2) reading procedures described in Section 3.08 (c) above to facilitate public understanding and/or comment on the resolution. If Council invokes the two reading procedures, a councilmember may request that the entire resolution or certain 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: • any action previously reconsidered, • motions to adjoum 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. If a motion fails, council can always bring it up at any future meeting; or if a councilmember wants to "reconsider" the motion, the formal request must be made by a member of the prevailing side of a vote either at the same meeti.ng, or at some meeting in the future. 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. 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 Ordioances and Resolutions and , Motions. Ordinances and Resolutions will customarily be prepared, introduced and proceed in Govemance Manual 15 . 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. 3.12 Complaints and Suggestions to Council. When citizen complaints or suggestions are brought before the City Council on matters not on a Council agenda, the Presiding Officer shall, in consultation with the City Manager, first determine whether the issue is legislative or administrative in nature and then: (a) If legislative, and a 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 cornplaint 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 illurnination - Prior Permission Required. No overhead projection, photographs, motion pictures, or video tapes that require the use of floodlights, or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. End of Article 3- Council Procedures ARTICLE 4- CONIlVIITTEES, BOARDS & CONIlVIISSIONS 4.01 Committees. (a) All standing Committees, Boards, and Commissions which are required by state law shall be appointed by the Mayor with confirmation by the Council. (b) All other Council Committees, Citizen Task Force 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 term 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 have been appointed or confirmed by the Council, may be removed without cause by a majority Govemance Manual 16 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 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) Council member(s) may be designated by the City Council to take the lead on particular significant issues and to provide appropriate feedback of information to Council, in order to gain corporate approval and coordination of corporate efforts. No Councilmember may speak for the Council unless Council has designated that person as the lead on that particular issue. (f) No Advisory Board or Commission shall take any final action outside of an open public meeting. 4.02 Council Relations with Boards, Commissions and Council Citizen Advisory Bodies. , 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. Cominunications 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 tlle Council, the Presiding Officer shall place the matter on the agenda under New Business for the cunent meeting or any subsequent meeting. End of Article 4- Committees, Boards & Copnmissions ARTICLE 5- RELATIONS WTTH CITY MANAGER & ADMINISTRATION 5.01 Role of the City Manager. The City Manager is the chief adrninistrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the City Manager are defined by Washington law, RCW 35A.13.080. 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. 5.02 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 Govemance Manual 17 . 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. (RCW 35A.13.120.) 5.02.1 Informal Communications Encouraged. The above RCW requirement is not to be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering infonnation, obtaining explanations of policies and programs or providing incidental information to staff relevant to tlieir 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. 5.03 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 andlor 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 diwlge information he/she deems confidential, in conformity with applicable statutes, ordinances, regulations, policies or practices. 5.04 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 5.03 above. End ofArticle S- Relations with City Manager & Administration ARTICLE 6- PUBLIC AEARING PROCEDURES 6.00 There are riwo types of public hearings, legislative and quasi judicial: (a) Legislative public hearing are hearings held to obtain public input on legislative decisions on matters of policy. Legislative public hearings are required by state law when a city or county addresses such matters as comprehensive land use plans, or the annual or biennial budget. They are generally less formal than quasi judicial public hearings. They do not involve the legal rights of specific, private parties in a contested setting, but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second-guessed by the courts; if challenged, they are reviewed only to determine if ' they are constitutional or violate state law. For example, a court will not review whether the basic budgetary decisions made by a city were correctly made. Govemance Manual 18 (b) Quasi judicial public hearings involve the legal rights of specific parties, and tbe decisions made as a result of such hearings ruust be based upon and supported by the "record" developed at the hearing. Quasi judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig, MRSC Legal Consultant August 1998) 6.01 Legislative Public Heariogs: (a) State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual comments if many people are intending to speak, and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing should be stated by the presiding official at the beginning of the hearing. (b) Actions for a Public Hearing. Prior to the start of the public hearing, the Presiding Officer arulounces the following Rules of Order: 1. All public comments shall be made from the speaker's rostrum, and any individual making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. 2. No comments shall be made from any other location, and anyone making "out of order" comments shall be subj ect to removal from the meeting. - 3. Unless otherwise determined by the Presiding Officer, all comments by the public shall be limited to three minutes per speaker. 4 There will be no demonstrations, applause or other audience participation, before, during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. 5. 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. c. The Presiding officer declares the public hearing on (topic) open, notes the time for such opening, and asks staff to make their presentation. d. A£ter staff presenta.tions, the Presiding Officer calls for public testimony. e. The presiding officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions, the appropriate individual will be recalled to the podium. f. The presiding officer declares the public hearing closed and notes the time for such closing. 6.02 Quasi-Judicial Public Hearings: Govemance Manual 19 1. Suecific Statutorv Provisions. a. 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 Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b. A candidate for the City Council who complies with all provisions of applicable public disclosure and ethics laws, shall not be limited under fihe Appearance of Fairness Doctrine from accepting campaign contributions to finance the campaign, including outstanding debts. (RCW 42.36.050) c. Ex Parte communications should be avoided whenever possible. During the pendency of any quasi judicial proceeding, no Councilmember may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1) places on the record the substance of such oral or written communications; and (2) provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi judicial proceeding. (RCW 42.36.060) d. Public Disclosure File. The City Clerk shall maintain a public disclosure file, which shall be available for inspection by tlie public. As to elected officials, the file shall contain copies of all disclosure foi-rns filed with the Washington State Public Disclosure Commission. e. 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 Plann.ing 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 tvvo (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. 2. Actions/Procedures for a Ouasi-Judicial Pu61ic Hearing. See the following Spokane Valley Municipal Code Appendix C for City Council appeal hearing procedures. Appendix C CITY COUNCIL APPEAL HEARING PROCEDURES A. The council shall not consider any new facts or evidence outside the verbatim transcript and certified record submitted by the hearing examiner, except for: 1. Grounds for disqualificarion of the hearing examiner, when such grounds were unknown by tlle appellant at the time the record was created; or 2. Matters that were improperly excluded from the record after being offered by a party to the hearing before the hearing examiner; or 3.1Vlatters that were outside the jurisdiction of the hearing examiner. The council shall allow the record to be supplemented if the offering party demonstrates grounds for - supplementation as set forth in subsections (A)(1), (2) or (3) of this appendix. Govemance Manual 20 a. Anv party requesting that the record be supplcmented shall submit such request, along . with the specific evidence to be offered to the council, within 14 calendar days of the date the appeal hearing was scheduled. b. The council may require or permit the correctian of ministerial errors or i-tadvertent omissions in the preparation afthe reaord. c. The council vvill allaw the submittal of memoranda by the appellant, vr a party of record in opposition ta the appeal, subject to the fallowing requirements: i. The appellant may file a memorandum in support ofthe appeal. The memorandum must be filed nv later than '12:04 naon an the third Friday preceding the date set 'by the council for cnnsideration of the appeal. ,ii. Any Party of recard in opposition to the appeal may su'bmit a reply memorand-am in opposition to the appeal. Any reply memorandum must be filed na later than 12:00 noon on fhe second Friday preceding the date set far consideration of the appea1. iii. A1l mernoranda shall be limited to stating why the record nr applic.able laws ar regulatians do ❑r do not su,Pport the decision, and shall nox contain any new facts or evidence, or discuss mafters outside the record, except as perinittetl above. iv. The offering Farty shall promptly submit a copy of the memorandum ox xequest ta supplement the record to the city attorney, and to opposing parties as practicable. B. The cauricil vvill allow oral argurnent by the appella.nt, or a party of record in ogpvsition. t❑ the appeal, subject to the following requirements; 1. It is expected Lhat all ga:rties can reasonably be aligned as either in suppart of the appeal or opposed to the appeal. Accordingly, all parties who desire to make ora.l argu,ment shaXl coznsriunicate with ather parkies aligned on the same sTde ofthe appea1 and attempt to -reac.h agreement in selecting a representative, or othervwise arra-nge for the allacation of time allawed under these rules to those in suppo-rt of or those opposed ta the appeal. 2. Oral argument shall 6e presented £i.arst by the appellant, followed by those parties afrecord fn --opposition ta the appeal, and fihen rebutta.l and surrebuttal. 3, Ora1 argument shali be limited ta stating why the recard ar app]icable la.ws or regulations do nat suppvrt the dec;sion, and shall not cantai~ any new facts or evidence unless allovved by subsecti,on A afthis appendix. 4. Ora1 axgurnent sball be Ii.mited to 20 miiiutes total for the appellaut, and 20 minutes total far fhase ga.r#.ies in opposi-tion ta the appeal, regardless of how many parties make up each side. 5. The respective times allvwed for aral argument above include the combined tima used by a side for opening argurnent, rebuttal and surrebuttal. The titne taken to resgond to guestions &am the council is nvt included in the time allnwed far argument. C. The council may affmm ar reverse the hearing exarniner's decision, or remand it for further proceedi:ngs. The hearing examirrer's decision will be presumed to be carrect and supparted by the recard and law. .A, tie vote on any motion sha11 have the ef#'ect of affirming the hearing examinez's decision.. D. The cauncil rnay reverse the hearing exa.miner's decision, or remand it for furt,her proceedings, if fhe appellaiit has carried the burden ofestablishing that one or rnore afthe follawing standards is met: 1., The hearing examiner engaged in unlawfixl procedure or failed ta -follow a preseribed process, unless the error was hannless; 2. The deG151o]] 1S aI] eII011e4115 117~~rpretat1L7i1 0~the law, after allowing for such deference as is due to co-nstruction vflaw by a 1ocal,jurisdictian with expertise; 3. The decisian is not supported by evidence that is substantial when viewed in light of the entire reGOCd; 4. The decision is a clearly erroneous application of the 1aw ta the facts; 5. The decision is outside the au-thority o-fthe hearing examiner. E. The cauncil rnay alsa remand the decisian to the hearing examiner if the appellant offers neNy1y . discavered evidence that would reasorrably have affected the decision had it been admitted in the proceed.ings befare the hearing examiner. "Newly discavered evidence" is evidence thak with reasonable Go vernance Manual 21 f diligence could not have 6een discovered and produced at the time the proceedings befpre the hearing - examiner Nvere conducted. F. JThe council sha11 adopt wr'itten findings and conctusion in suppart of its decision. If the council concludes that a finding of fact by the hearing examiner, upon which the decision is based, is not supparted by substantial evidence, the cauncil, may modify the findi.ng or substitute its own finding, citing substantial evidence in the record that supparts the madified ar substitute finding. In the event of a tie vQte on the proposed findings of fac#, that vote shall be cansidered a final action, the findings shali reflect the same, and the decisiaii of the hearing examiner shall be afFirmed. G. The counoil's decision shall include a notice stating that the decision can be appealed, within 21 caiendar days fram the date the decisian was issued, by filing a 1and use petition with the superior caurt as provided in Chapter 36.70C RCW and meeting the other pravisians of such chapter, and that the decision shaPl act as official natice under RCW 43.2 1C.075. H. The notice included in the council's decision sha11 also state that af`fected praperty owners may request the Spvkane County assessor for a change in valuatian far property tax purposes natwithstanding any progrram of revaluation, pursuant ta RCW 3 6.70B. 130. I. 1'he city clerk shall, within five business days fxom the date of the council's decision on -the appeal, mail a copy of the council's decisian to the appellant, the agplicant (if different than the appellant), any ot1aer pariy who testifecl or submitted a memorandum at the closed record appeal hearing befare the council, any person whv requested notice of the decision, and any person who submitted substantive coniments on the applicatiQn. The cifiy clerk shall also provide notice of the decisian to the county assessar. J. Where the hearing examiner's decisian recommends approval ofthe proposal and -no appeal has been filed within the time period set forth above, tha city manager or designee sha1l modify the official zoning map of the City according to the hearing examiner's decision. The madification of the zoning map : completes the hearing examiner's decision and shaL1 be considered the final legislative action o£ the c-ity cvuneil. Such #"inal actian, for zoning pu.rposes, is considered an official control ofthe City by exercise of its zoninc, and p1anninb autliority pursuant ta Washingtan Iaw. {+Ord. 08-022, 2048}. 3. ADnearance of F'airness Doctrine. a. "The test of whether the a,PPearance of fairness doetrine has been violated is as follows: Would a disin,terested person, having baera apprised ofthe totality of a board rnember's personal interest in a matter being acted upon, be reasonably justif ed in thinkin,g #hat partiality rnay exist? If ansvvered, in the affirnative, such deliberation,s, and, any course ❑f conduct reached there-on, should be vaided." 5wift vs. Istand Cauntv, 87 Wn.2d 348 (1976). Srnith vs. Ska2it Countv, 75 Wn.2d 715 (1969), b. Types of Hearings #o Which the Doctrine Applies. The Appearance of Fairness Doctrine shali apPly onl,y to those actions of the Council which are qua.si judicial i.n nature. Quasi -judicial actions are de£`ined as actians of the City Cauncil which detennine the Iegal rig;hts, duties, or privileges of speeific parties in a hearing or other con#ested proceedimg. Quasi, judicial actions da not include the Yegislative actions adopting, arnending, or revising compeehensive, community, ar neighbarhoad plans or other land use pianning documents or the adoption of area-wide zoning ardinances or the adoption of s zoning amendment that is of area-wide (versus site-specific) si,gnifcance (RCW 42.36.010), S#reet vacations are tYPica.lly legislative actions, unless clearly tied to, and integrated into, a siteaspecific development praposaI which is quasi judicial in nature. - c. Obligations of Councihnembers - Procedure. ' 1. Immediate sel~ disclosure of interesfs that rn~iy appear tv constitute a con~lict o~f in#ere~t is hereby encouraged. Councilmembers shauld recognize that the Apgearance of Fairness Doctrine Govemance Manual 22 does not require establishialent 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 exists. If the answer is in the affirmative, no matter how remote, the Councilmember should disclose such facts to the City Manager who will seek the opinion of the City Attorney as to whether a potential violation of the Appearance of Fairness Doctrine exists. The City Manager shall communicate such opinion to the Councilmember and to the Presiding Officer. 2. Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis for disqualification is made known, or reasonably should have been made known, prior to the issuance of the decision. Upon failure to do so, the Doctrine may not be relied upon to invalidate the decision. 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 hirn/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 rivo (2) or more Councilmembers believe that an Appearance of Fairness violation exists, such individuals may move to request a Council.member 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 tbe City Attorney. d. When Council conducts a hearing to which the Appearance of Fairness Doctrine applies, the Presiding Officer (or in the case of a potential violation by that individual, the Mayor Pro Tem) will ask if any Councilmember knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Councilmembers should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect monetary interest in the outcome of the proceedings; 3. A prejudgment of the issue prior to hearing the facts on the record; or 4. Had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Councilmember should answer in the affirmative, then the Councilmembers should state the reason for his/her answer at this time, so that the Chair may ' inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. Governance Manual 23 End of Article 6- Public Hearing Procedures ARTICLE 7- USE OF RULES 7.01 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. 7.02 Use. No action taken by a Councilmember or by the Council which is not in compliance with these rules, but which is otherwise lawful, sha11 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. 7.03 Public Use or Reliance Not lntended. Because these rules are designed to assist the City Council and not to provide substantive rules affecting constituents, it is expressly stated that these rules do not constitute land use regulations, official controls, "appearance of fairness rules," public hearing rules or other substantive rules binding upon or to be used by or relied upon by members ' of the public. These rules do not amend statutory or other regulatory (such as ordinance) requirements. End of Article 7- Use of Rule Governance Manual 24 ' CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 8, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business M new business ❑ public hearing ❑ inforrnation ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Proposed Resolution 09-013 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Discussion at Regular session 9/02/09. BACKGROUND: As discussed at the 9/02/09 Council session, the City of Spokane Valley has prepared Resolution 09-013 in consideration of advance planning for the potential severity of an emergency health crisis wherein employees who are ready, able and willing to work, are precluded from doing so. The Resolution was drafted, based on a 2006 letter from the Attorney General of Washington (and re-affirmed in 2009), regarding pay for employees in the instance where the employee is ready and able to work, but the City has enacted social distancing to reduce likelihood of contagion. A draft of Resolution 09-013 is attached. OPTIONS: Discussion, revisions and direction from Council. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 09-013. BUDGET/FINANCIAL IMPACTS: Budget impact not anticipated unless severe and extended pandemic should occur. STAFF CONTACT: Mike Jackson, Deputy City Manager ATTACHMENTS Draft Resolution 09-013 DRAFT CITY OF SPOKANE VALLEY SPOKA.NE COUNTY, WASHINGTON RESOLUTION NO. 09-013 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON REGARDING COMPENSATION FOR EMPLOYEES OF THE CITY OF SPOKANE VALLEY DURING CERTAIN EMERGENCY HEALTH CRISES, ANll OTHE12 MATTERS RELATING TAERETO. WHEREAS, the City Council adopted Ordinance 03-044 in 2003 outlining the basic personnel policies for City employees; and WHEREAS, Ordinance 03-044, Section 1(C) states that personnel policies relating to wages, benefits and conditions of employment shall be submitted to the City Council for review and approval; and WHEREAS, the City has reviewed an Attorney General opinion dated August 2, 2006, in which the Attorney General's Office stated that it is up to individual cities to adopt specific policies regarding payment of employees during times of health crisis, such as pandemic flu; and VVHEREAS, the City Council desires to establish a policy whereby regular employees who are ready, willing and able to work, but for health and safety reasons are precluded from doing so due to social distancing requirements imposed by the State of Washington, Spokane Regional Health District, or City of Spokane Valley due to risk of contagion, would receive their normal compensation. . ' NOW THEREFORE, be it resolved by the City Council of the Ciiy of Spokane Valley, Spokane County, Washington, as follows: Secdon 1. Adoption of Policv to Pav Emplovees Durina Certain Health Crises and Authoriziniz Implementation of Same. The City of Spokane Valley hereby adopts a policy where, in tlle event of an emergency health crisis in which the State of Washington, Spokane Regional Health District, or City of Spokane Valley reyuires social distancing to reduce the likelihood of contagion, City regular employees shall receive their normal compensation. This policy applies to those employees who are ready, willing and able to work, but for health and safety reasons would be precluded f.rom doing so by the requirement for social distancing. The City Manager is further authorized to implement this Resolution and execute any administrative policies and procedure deemed necessary and appropriate. Section 2. Effective Date. This Resolution shall be effective upon adoption. Adopted this day of September, 2009. City of Spokane Valley ATTEST: Mayor Richard Munson City Clerk, Christine Bainbridge Approved as to Form: - Office of the City Attorney Resolution 09-013, Employee Compensation During Health Crisis Page 1 of 1 , CITY OF SPOKARJE VALLEY Request for Council Action Meeting Date: September 8, 2009 City iVlanager Sagn-off: Item: Check a!I that apply: ❑ consent ❑ old business ~ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Mot6on Consideration: Pandernic Response Plan GOVERNING LEGISLATION: PRE!/lOUS COUNCIL ACT90N TAKEN: Discussion at Study session 8/18/09 and Regular session 9/02109. BACKGROUND: As discussed and reviewed previously, the City of Spokane Valley has prepared its Continuity of Operations Plan (COOP) to ensure the delivery of essential services in the event spread of illness disrupts normal City -operations. There has been confirmation of H1 N1 infections increasing in our region. WSU reported Friday, 8/28/09, that 10 cases out of 50 probable cases were confirmed as Swine Flu, along with the 2"d death reported Thursday, 8/27/09, here in Spokane. In preparation for the potential full implementation of the COOPs, the City is ready to enact Response Level 2 of the Plan as a pro- active measure. The City is prepared to fully implement our COOP if such measures should be required. Please find attached a completed draft of the COOP with its attachments. OPTIORlS: Discussion, revisions and direction from Council. RECOM6lf11ENDED ACTION OR MOTiONa Move to approve the City of Spokane Valley Continuity of Operations Plan (COOP). BUDGETlFIIdANCId4L 16VIPACTS: Budget impact not anticipated unless severe and extended pandemic should occur. STAFF CONTACT: Mike Jackson, Deputy City Manager ATTACHMENTS Draft Pandemic Response Plan CITY OF ~ [alley CONTINUITY OF OPERATIONS FOR PA►NDEMIC Table of Contents 1) Purpose of the Plan . . . . . . . 3 2) The Scope of the Plan . . . . . . . 3 3) Planning Assumptions . . . . . . . 4 4) Potential impacts . . . . . . . . 5 b) Cfty's Response . . . . . . . . 5-7 6) Authority . . . . . . . . . 7 7) VII. City Function Hterarchy . . . . . . 8 8) City of Spokane Valley . . . . . . . 9 Continuity of Operations (COOP) by Department a) Functron . . . . . . . . 9 b) Content . . . . . . . . 9 c) Department Plans . . . . . . . 10 - 57 9) Elements of the City of Spokane Vafley Continuity of Operations. . 58 a) Communlcations . . . . . . . 58 b) Poilcy and Procedures. . . . . . . 59 c) lnfluenza Protectlon Measures. . . . . . 60 d) Other Essentlal FuncUons . . . . . . 62 10) Internet Resources. . . . . . . . 62 11) Exhibit A . . . . . . . . . 63 12) Background . . . . . . . . 64 - 68 Attachments Resolutton # 09-013 Computer and Phone Instructlons Direct Deposit Form 2 ~..n..~s~ . I - C+~~~~~~~~ ~~erations (COOP) for a Pandemi~ Clity o~ ~pokane Va1ley (June 16, 2009) 1. PURPOSE OF T~ ~LAN The purpose of fihis plan is to ensure cantinuity o#' governmcnt and essential services if an influenza pandemic event occurs affecting the City of Spokane Val,ley. The severi,ty of risk associated with pandemic flu warrants the ~ity's i-nvestment in preparation. Health afficials feel that a pa~~erm'c wi.ll accur at sotne tixne in the futuxe and that it is Aise to be prepared. Accardingly, Spokan.e Regianal Hea1th District urges aiI busanesses to address this issue and have a cont-i.ngency sta.ffng plan in p1ace. The plan for the City of Spakarae Valley provides guidance regarding detectian of3 re-sponse to, and recovery from an influenza pandemic. The plan describes the unique challenges pased by a pandemic that rnay necessitate specifc leadezstlip decisions, response actions, and communicatian mechanisms. Specifically, the plan is to: a Defme preparedness procedures before a pandemic occurs that will enhance the effectiveness of response nleasures. , 0 Define zoles and responsibilities during a11 phases of a pandemic. - 0 Ensure and validate readiness t~.irough the creation oftrairung exercises ta support im,plementation of COO'P p1ans and prograrns. Duririg an influenza pandernic, the City of Spokane Valley will utalize the plan to achieve the following goaJ.s: • Preserve coiatinuity of essential governrnent functions. • Limlt t}.1e 11uI71ber 0f 11l17eS5eS a11d de3thS. • Irr7p~ement a.s ;required, successful succession in the event a disruption renders Leadership unable, unavailable, ar incapable of perforrning their respvnsibilities. a Redl1Ce Or XTlitlgate d1SrL'1pt10Y.15 tD OpBT3t10n5. Is Achieve a timely and orderly recovery frarn aCOOP situat3an and resumption of fu11 services to the city. 2, 'Y`~ SC~~~ ~F TIHE PLAN The Plan pri.marily focuses on the -roles, respansibilities, and activities of a11 persnnnel of the City of Spokane Valley. The pPan addresses measures for consideration durxng the stages of increased likelihood of an in.fluerza outbreak that may severely degrade the continued essential services of city government, 3 3. PLAIITNING ASSUIVII'TIONS 1. An influenza pandemic will result in the rapid spread of the infection with outbreaks throughout the world. 2. Based on national assumptions, approximately 25% - 35% of the workforce will be absent from the work place due to illness personally or by caring for family members who are ill. 3. There will be time to phase in actions as the pandemic develops. 4. Businesses and schools will close as the pandemic impacts employees, teachers and students which will add stresses to City employees. 5. City services with direct public interaction will be at greater risk of exposure. 6. There could be significant disruption of public and privately owned critical infrastructure including transportation, commerce, utilities, public safety, agriculture and communications. 7. Social distancing strategies aimed at reducing the spread of infection such -as closing CenterPlace, the City's Permit Center, schools and other public gathering points, and canceling public events may be implemented during a pandemic. 8. City employees who travel by public transportation or have children in school will be at grea.ter risk of exposure. 9. Isolation or quarantine may impact employees' ability to come to work. . 10. Antiviral medications may be in extremely short supply. Local supplies of , antiviral medications may be prioritized by Spokane Regional Health District (SRHD) for use in hospitalized influenza patients and other priority groups. 11. As vaccine becomes ava.ilable, it will be distributed and admin.istered by SRHD based on current national guidelines and in consultation with the Washington DOH. 12. Insufficient supplies of vaccines and antiviral medicines will place greater emphasis on social distancing strategies and public education to control the spread of the disease in the City and County. 13. Law enforcement may be called upon to enforce quarantine. 4 , 4. PO'I'ENTIAL E"PACTS Potential Impacts ' ~ There may be shortages of the following essentials: Food & Water Gasoline Heating fuels - natural gas/propane, heating oil Pharmaceuticals - antibiotics, routine vaccines, etc. Cash - financial institution closures There may be periodic interruptions in the following services: Water Emergency Services: Public Safety Sewage Fire Garbagelrefuse Hospitals Recycling - resu(ting in excess refuse Power - electricity Routine medical carelpharmacy _ Business continuity: Business closures - voluntary and non-voluntary, including schools Public events cancellations - voluntary and non-voluntary Revenue losses Business failures - Up to 35% staff attrition due to fear, illness, care of family, etc. Other: Orphaned children and animals Mass fatalities Resurgence of vaccine-preventable diseases - measles, etc. Social unrest 5. CITY'S RESPONSE In accoxdance with the U.S. Department of Health and Human Services (HHS) Pandemic Influenza Strategic Plan, HHS will determine and communicate the pandemic phase level for the U.S. based on the global pandemic phase and the extent of disease spread throughout the country. The City of Spokane Va11ey will respond based on the information provided by the SRHD. Each level within the plan responds depending upon whetlier human infection is occurring within our LOCAL region. Appropriate preparedness and response measures are identif ed for each level, with full implementation of the COOP based in part on the severity with which Spokane County is affected. To remain flexible as we respond to the pandemic and its effects on the City of Spokane Va11ey, a core team has been esta.blished to detennine the appropriate plan of action for the city as each new alert arises, whether from SRHD or within the city itself. The chart below is not inclusive of all that may take place, but gives an overview of the potential risk levels and corresponding actions by the city. 5 RISK LEVEL RESFONSE I,EVEL I CITY'S ACTION No local alert Response Level 1 a Planning - Update plan Mitigation actions taken documents/infonnation 0 Identify essential personnel in the event SRHD limits social exposure. B Establish administrative procedure for flexible worksites. a Communicating/training employees on family preparedness B Identify and make available resources needed in the event of pandemic . a Establish/testJimprove backup systems (outside access to city computers) - a Encourage automatic bank deposit for paychecks Seasonal flu alert as Response Leve12 ° Deparhnent Director review & revise declared by local health department action plan district ~ Distribute flu prevention/care information to employees ~ Encourage immunizations ■ Conduct desktop training to city continuity of operations ~ Test backup systems (IT, outside access to _ city computers, telephones) ~ Order/replace Personal Protective Equipment (PPE) supplies State/Local health district Response Leve13 ° Coordinate as needed with declaration of SRHD/Sheriff/Emergency Operations heightened Center (EOC) incidence/severity of flu 0 Coordinate vaccination of essential cases andlor confirmed officials/employees pandemic cases in local ° Schedule and conduct exercises and drills area and incorporate any resulting revisions to the plan. B Notify and alert essential personnel. ~ Directors report employee absences daily to HR office. State/Local Health Response Level 4 a Coordinate as needed with District limits social SRHID/SherifflEOC exposure ~ Consider limiting city operations to reduce risk of exposure ~ Provide detailed training to essential personnel regarding family preparedness ~ Administrators review and update their - lists of essential personnel and review 6 \ essential operations in the event of a possible suspension. ~ Implement social distancing among staff d Per City policy, send employees home with flu like symptoms and retum with clearance from a physician. State/Local Health Response Level 5 o Implementation of City Continuity of Disb:ict declares social Operations Plan isolation o Telecommute plan o Emergency communications protocol o Restrict workplace entry o Core business function o Possible office closure o Use of PPE's ~ Coordinate as needed with SRHD/SherifflEOC Recovery Response Level 6 0 In consultation with the SRHD/EOC the City Manager/Deputy City Manager will determine when the City of Spokane Valley will resume normal operations. a Debrief out of/through pandemic levels ■ Update and revise plans as needed 6. AIJTHORITX . a. The City of Spokane Valley has the authoriiy to declaxe an emergency or disaster exists based on the following powers granted pursuant to: RCW 35A.33 - Emergency Expendifures RCW 38.52 - Emergency Management b. In addition, the City of Spokane Valley is a party to the regional Amended Interlocal Agreement for Emergency Management Services which was established pursuant to: RCW 39.34 - Interlocal Cooperation Act RCW 38.52.070 - Local organizations and joint local organizations authorized Establishment, operation Emergency powers, procedures. c. The City of Spokane Va11ey has adopted a policy to pay employees during certain health crises. See Emergency Management Resolution Number 09-013. The City of Spokane Valley's powers are not contingent on a proclamation of emergency by the Loca1 Health Officer. 7 7. CITY FUJNCTION HIERARCI3Y In order to prioritize City services and functions, three categories have been created to identify levels of response. The City of Spokane Valley is unique as a contract city and most of its essential functions will begin at Priority II, with the exception of traffic signals as described below: Priority I- Essential to preservation of life and property and generally subject to a high degree of exposure to risk • Police lst response • 911 Communications • Fire lst response • Utilities/Streets - water supply, traffic signals, transportation access, etc. • Wastevvater Treatment - general operation • Cemetery - emergency burials Communications - public and employee • City Attorney Priority II - While generally not providing direct service to customers, they are necessary in order to support Priority I functions and typically can be done from remote locations. • Information Technology , • Payroll • Financial transactions • City Council Priority III - Those functions which do not meet the standards for Priority I or II and for whom the primary response will be suspension of the activities. • Parks & Recreation • Pennitting/Inspection • Comprehensive Planning . • Hearing Examiner 8 " 8. CI'TY OF SPOKANE VALLEY COOP BY DEPAR'I'1VENT a. Function: To outline department response to the occurrence of a pandemic influenza that results in a workforce reduction of 25% to 35%. b. Content: ■ Essential "Daily" functions that need to be provided during an event although at a reduced level. • Standard operating procedures of essential functions ~ Positions identified to cany out essential functions ~ Team leads and alternate personnel identified to perform essential functions ~ Team members identified and assigned ~ Staff identified who is cross-trained to backfill essential functions ~ Personnel phone numbers and contact information provided a Essential functions identified that can be performed via telecommuting and/or manual processes if IT systems are overloaded ~ Essential functions defined vvhich can be perfoimed through flex shifting 9 Department Continuitv of Operations Plan Department or Division Name: Egecutive and Legislative Support A. Create plans & procedures that address pandemic flu assumptioas. l. Continuity of Government issues include: a. Provide your line of succession (names and phone numbers) for essential services. Line of succession: 0 David Mercier, City Manager • Mike Jackson, Deputy City Manager • Ken Thompson, Finance Director • Available Department D'uectors (CDD, PWD, P&RD) b. Institute delegation of authority to implement your line of succession. ~ Formal delegation of authority to the Deputy City Manager and altemately to the Finance Director has been memorialized in writing kept on file in the City Attorney Office. 2. Identify any critical times of year when certain functions must be performed. • Year-round support of legislative body and supervision of municipal affairs is necessary. 3. Identify any changes that your reduced level of service will have on other agencies not only within the City of Spokane Valley government but also other local, state, or federal programs. • Impairment of ability to effectively coordinate with neighboring jurisdictions and other echelons of govermnent may result during periods of pandemic response. Lack of healthy essential personnel or means of communications could adversely affect the City's delivery of services. 4. Identify all internaUexternal customers with which you regularly do business. ~ City Councilmembers, municipal staff, the public, representatives of other public and private agencies and the media. 5. Identify goods and services you receive from others. • Work products, analysis and communications. -10 6. Identify a single point of contact in your department who will record and transmit information about employee absentee rates and the ability to deliver essential service. • John Whitehead, HR Manager 7. Identify a method of notifying employees of changing information. e PIO, HR emails and telephone tree. 8. If job functions are rotated to different employees, how will those needing services be advised? • By any means of communications still in operation. B. Identify essential functions 1. Identify mission essential functions for your department. . ~ Continuity of government: executive and legal support for City Council, supervision of and delegated authority to city departments, public relations and maintenance of city services. 2. Identify functions that can be suspended while staff is reassigned to more critical roles. • Response to less pressing issues, legislative matters that are amenable to delay, ongoing administrative projects and reports not deemed of high priority. C. Ideatify essential staff 1. Identify positions needed to carry out mission essential functions. Identify key employees and multiple backups. • Deputy City Manager, City Cierk, Deputy City Clerk, City Attorney and Deputy City Attomey. 2. Identify staff from non-mission essential areas that can be cross trained to backfill critical functions. • Sue Passmore, Administrative Assistant to the City Council 3. Identify an additional workforce, for example retired employees, to complete mission essential functions. 11 • Interim employees secured through Prothman Company. - D. Identify alternate facilities or service delivery 1. Identify ways in which you can achieve social distancing (to prevent spread of disease) in the delivery of essential services. • Maximize use of telecommuting from home or other hygienic locations and reliance on technological resources (VPN, email, web-interface, telephone et al). 2. Can you achieve social distancing (to prevent spread of disease)? Consider ideas such as telecommuting, alternate work hours, alternate work locations, conference calls instead of meetings. • Yes to all. 3. Identify changes in facility needs associated with alternate work locations. • None 4. Determiue whether critical functions could be performed through flex shifting. • Flex shifting is currently in use. 5. Employ use of employee direct deposit for payroll. • Direct deposit for payroll is currently in use. E. Technology Questionnaire 1. Describe any plans to expand staff's ability to work remotely? • Authorize telecommuting for those witli essential functions and appropriate computer equipment and broadband connections. 2. Describe any changes to your telephone service requirements? (call conferencing, call forwarding, additional automated messaging systems, etc.). • As required. 3. Describe any other significant changes to your operations that would impact services provided by or coordi.nated through ITS (e.g. establishment of alternative work facilities). Where possible, identify when changes to services would need to be in place. This is especially important when ITS needs to coordinate with outside service providers on issues like telephone services. 12 • Loss of face-to-face contact with other essential personnel and elected officials, although contact can be maintained electronically. F. Proactive measures to put in place now: . • Adoption of continuation of operations plan, further experimentation with flexible schedules, maintain technology level able to support remote operations. , 13 Department Continuiiv of Operatians Plan - Deuartment nr Division Name: Operatlons & Administratioa - Public Infvrmation Off'ice A. Crea#e plans & procedures that address pandemic flu assumptians. 1. Continuity afGovernment issues in,-lude: a. Provide your line nf suc~cession for essential services, Line of succession: (refer to Emergency Telephone Cantact List maintained by Administrative Assistant in Exec~-utive and Legislative Suppurt ]]epartment for amergency contact inforrnation) * Mike Jackson, Deputy City Manager Office: x3D40 or 688-0250 * Carolbelle Branch, Pubxic Information Officer (PIO) Qffice: x3001 or 68$-0232 • Ju,lie Brown, Public Information Intern Off1Ce, x3OO$ or 688-0I S3 • Greg "~3ing: Bingaraaz~, IT specialist (webltel~phone up~tes) -Off'ice: x3 102 or 688-0187 • Request assistance from PTOs in corfidential 24-7 Contact List (updated versian is kept ~n PIO Emergency Communicatioas binder) b. 1nstitute delegation of authority to madify or adcress anomalies in line af succession. • M.ilce Jacksan, Deputy City Manager/(oz Finance Manager for'iT specialist) • David Mercier, City Manager a City Manager desipee 2. Identify any critical times of year when certain func.tions must be perfoxmed. • Winter for snow emergency communicatians standby • Spri.ngf 5ummerlFall for road abstruction notifications 3. Zdentify any changes that your reduced Ievel, of service will have an athcr agencies not only within the City of Spakane Valley goveniment but alsa other local, state, ar federal gragrams. • Impacts vur ability to issue farmal cnrnrnunications on behalf of the city to, - - an,d covrd.inate camrnunications with: , w 14 - o Council ` o City staff o General public o Media o Businesses o Spokane County Emergency Operations Center o Emergency response and recovery entities including law enforcement and fire departments o Other governmental entities at local, state and federal levels . o Non govemmental organizations o EducationalInstitutions o Health entities, including Spokane Regional Health District o Spokane Regional Clean Air Agency 4. Identify all internaUextemal customers with which you regularly do business. • City Council • City staff in ail departments, particulariy Department Directars/Program and Proj ect Managers • General Public • Media - print and broadcast . • Spokane County Emergency Operations • Spokane Valley Police Chief ~ Spokane Valley Fire Deparhnent . • Spokane County Fire District #8 - • Community groups o S.C.O.P.E. Stations o Greater Spokane Va11ey Cha.mber of Cornmerce 5. Identify goods and services you receive from others. Intemal - • Information and reports from City Council, City sta.ff on programs, projects and issues • Information technology, internet and telephone services through IT Extemal - • Newspapers o Spokesman-Review o Valley News Herald o Joumal of Business o Inlander 6. Identify a single point of contact in your department who will record and transmit Information about employee absentee rates and the ability to deliver essential service. • Public Information Officer/designee ; 7. Identify a method of notifying employees of changing information. 15 • Employees' City email addresses _ • Employee information telephone number for incoming calls • Website • Telephone call 8. If job functions are rotated to different employees, how will those needing services be advised? • Email notification • Out of office message on email • Out of office message or call fonwarding on phone • Telephone (IT staff can set up phone and computer refenals if employee is unavailable) B. Identify essential functions 1. Identify mission essential functions for your departrnent. • Coordination and implementation of emergency commuaications information gathering and dissemination via phone, email, web, conferences, media releases (also possibly via WebEOC if that process is up and functioning) with: o Council o Staff . o Fublic ' o Media o Spokane County Emergency Operations o Emergency response and recovery entities i.ncluding law enforcement and fire departments o Community organizations • Emergency response media coverage review/update%orrect • Printed emergency information (handouts, posters) as appropriate • Identification of issues/potential issues/risk communication • Maintainin~ records of emergency commuaications activity 2. Identify functions that can be suspended while staff is reassigned to more critical roles. • Non-emergency-related communications including o Employee newsletter o Community newsletter o Media releases on non-emergency functions o Non-emergency emaiUtelephone messages o Weekly traffic alerts on non-arterial roadways o Media releases on City programs, projects and activities o Council meeting attendance o Non-emergency website maintenance 16 C. Ideotify essentiai staff 1. Identify positions needed to carry out mission essential functions. Identify key employees and multiple backups. • Carolbelle Branch, Public Information Officer Office: x3001 or 688-0232 ~ Julie Brown, Public Information Intern Office: x3008 or 688-0183 • Greg "Bing: Bingaman, IT specialist . Office: 0102 or 688-0187 (web/telephone updates and IT support - in a pinch, may be called into service as backup PIO due to his personai experience in military public affairs) • Identify staff from non-mission essential areas that can be cross trained to backfill critical functions. • Chris Thompson, Office Assistant I(website update, review and posting) • Roxanne Wyatt, Office Assistant II, Reception (website update, review and posting) • Lindsey Skinfill, Human Resources Technician, (website update, review and Posting) • Heather Moms, Commuruty Development Office Assistant (website updates) • Carrie Acosta, Deputy City Clerk (website updates) • Darla Arnold, Public Works Administrative Assistant (website updates) • Jennifer Papich, Recreation Coordinator (website updates) ~ Deanna Griffith, Community Development Administrative Assistant (website updates) • Karen Parson, Senior Center Specialist (website updates) 2. Identify an additional workforce, for example retired employees, to complete mission essential functions. • • See confidential Emergency 24-7 PIO list (updated version kept in PIO Emergency Communications Plan binder) D. Identify alternate facilities or service delivery 1. Identify ways in which you can achieve social distancing (to prevent spread of disease) in the delivery of essential services. • Conduct communications information gathering and dissemination via email, telephone, intemet, website, teleconference. • Telework from home from other altemative location. 17 J 2. Can you achieve social distancing (to prevent spread of disease)? Consider ideas such as -telecommuting, alternate work hours, alternate work locations, conference calls instead of ' meetings. • Yes, see above 3. Identify changes in facility needs associated with alternate work locations. • No facility changes necessary as long as we have a laptop set up for remote access with wireless internet access. • Determine whether critical functions could be performed through flex shifting. • Yes, assuming 24 hour operations were necessary, in whicb case PIO would need to work in alternating shifts with backups in line of succession. • Employ use of employee direct deposit for payroll. • Already subscribe to direct deposit. 4. Determine whether critical functions could be performed through flex shifting. • Yes, assuming 24 hour operations were necessary, in which case PIO would need to work in alternating shifts with backups in line of succession - 5. Employ use of employee direct deposit for payroll. • Already subscribe to direct deposit E. Technology Questionnaire 1. Describe any plans to expand staffls ability to work remotely? • When/if a spare laptop becomes available, one has already been requested of IT to be set up for remote access via either land-line or satellite. • Failing that, PIO home computer can be set up for remote access. • PIO has Emergency Communications Binder with emergency communications instructions, as well as a binder of information needed to operate from home. • PIO also has this information on a thumb drive that is carried at all times. • Subscribe to dialup telephone/internet teleconferencing program to have on standby. 2. Describe any changes to your telephone service requirements? (call conferencing, call forwarding, additional automated messaging systems, etc.) 18 . • See above 3. Describe any other significant changes to your operations that would impact services provided by or coordinated through ITS (e.g. establishment of alternative work facilities). Where possible, identify when changes to services would need to be in place. This is especially important when ITS needs to coordinate with outside service providers on issues like telephone services. • Telephone numbers 688-0311 and 720-0311 have already been reserved by IT to be used as an information line on which information for the community can be pre-recorded. Instructions are outlined in Attachment _ Emergency Communications Protocol. • Employee information telephone line needs to be established and instructions for updating/routing callers should be added to Emergency Communications Protocol, with information about the line and its use communicated to employees. . • Television/radio cable feeds need to be connected to PIO office along with a television monitor, video recorder and a radio for monitoring news coverage. F. Proactive measures to put in place now: • Set up laptop or setup home computer to access city files remotely • Continue training PI Intem so prepared to provide backup PI services • Place television/radio cable feed and television monitor and radio in PIO offce • Finalize line of succession and docurnent, communicate, train and drill in procedures • Finalize delegation of authority to implement line of succession and document, communicate, train and drill in process. • Review Emergency Communications Plan arid finalize "cookbook-style" instructions on all aspects of emergency public information function (see PIO Desk Manual for roles & responsibilities) as well as templates for various public information assignments and documents that may be needed. • Train Lindsey Skinfill and Roxanne Wyatt on how to update and post website cbanges. • Subscribe to telephone/web teleconferencing program. • Set up group voice mail distribunon lists that department heads can access and implement from either in-office or remotely to notify employees of closure/reporting status in case of a ciosure. • Enswe all employees have been trained and know how to set up computers and phones for out-of-oice messages and call forwarding. • Employee information o Promote flu prevention and care information, including stay at home if sick. , o Promote flu vaccination when available o Encourage all employees to use direct deposit. 19 o Encourage ernployees ta develap home preparedness plan . d)epartment Cvntinulitv of Operations Plan Department or Divisivn Narne: Operat10ns ai1~ ~dm1ri1~trat10n ° Contrac$ Administratiam A. Create plans & procedures that address paudemic flu assurrlp#ions. 1, Continuity of Gnvemrnent issues include: a. Pravide your line of su,ccessian (names and phone nu:mbers).for essential servXCes. Line af succession: 0 h+like Jaalson, Depu,ty City Manager, wk: 688-0250, x3U0O + 1vlorgan Koudelka, Sr. Administrative Analyst, v►€lc: 689-0196, x3002 • John Pietro, Adminishative Analys#, wk: 688-0026, x3009 • Mi.ke Jackson, Deputy City Manager wk: 688-0250, x3OOO + (Cansult Emergency contact List if necessary) . b. Irrstitute delegation of authority to implemen# your line o~` succ~ess-ion. • Mike Jacksan, Deputy City 1Vlanager 2. Identify any crifiical times ofyear when certain ~'isncfions must he perforrned. • Fay monthlv_ invoices to Spokane Caunty for Public Safety services, 3e for Law Enfarcemeat and 5hfor all other c~ntracts. • APprove estimated cantract costs -Januarv of each year. • Respond to settle and ad,yust c,a.1culations - within 60 davs of receipt. + Prepare budget estirnates for City budgget - xune -Julv. 3, Identify any changes that yaur reduced level of ser-vice will have on other agencies nat only within the City ❑f Spokane Vall,ey government but alsa other local, stata, or federal grograms. i Failure to pay for public safefy contracts cauld cause cash flow shortfails fo Spakane Caunty and interruption of services far Spokane Va11eY• 20 4. Identify all internaUexternal customers with which you regularly do business. • Internal: Employees, Management, Departlnent Heads • External: Spokane County, Comcast Subscribers, Citizens. 5. Identify goods and services you receive from others. • Public Safety Services Spokane County • GIS Services Spokane County • Hearing Examiner Services Spokane County • Janitorial Services Argus • HVAC Standard • Landscaping Senske 6. Identify a single point of contact iri your department who will record and transmit information about employee absentee rates and the ability to deliver essential service. • Michelle Rasmussen, Administrative Assistant to the Deputy City Manager 7. Identify a method of notifying employees of changing information. • E-mail and phone ca11s 8. If job functions are rotated to different employees, hoiv will those needing services be advised? • Notify the County CEO, currently Marshall Farnell, at 477-2600 E. Identify essential functions 1. Identify mission essential functions for your department. • Service payment and service delivery coordination. 2. Identify functions that can be suspended while staff is reassigned to more critical roles. • All other items can be suspended. C. Identify essential staff 1. Identify positions needed to carry out mission essential functions. Identify key employees and multiple backups. • Morgan Koudellca, Senior Analyst . • John Pietro, Analyst 21 • Cary Driskell, Deputy City Attoiney - 2. Identify staff from non-mission essential areas that can be cross trained to backfill critical functions. • Michelle Rasmussen, Administrative Asst. to the Deputy City Manager 3. Identify an additional workforce, for example retired employees, to complete mission essential functions. • None D. Identify alternate facilities or service delivery 1. Identify ways in which you can achieve social distancing (to prevent spread of disease) in the delivery of essential services. • With access to contact information and electronic documents, essential service delivery can be continued from home; this will also require electronic signatures for approval, and access to the network. 2. Can you achieve social distancing (to prevent spread of disease)? Consider ideas such as telecommuting, altemate work hours, alternate work locations, conference calls instead of _ meetings. ' • Could telecommute and teleconference with access to electronic documents. 3. Identify changes in facility needs associated with altemate work locations. • Home - Network and telephone access • Alternate - Network, suggest offsite redundant servers and backup nehwork. 4. Detennine whether crirical functions could be performed through flex shifting. • Yes 5. Employ use of employee direct deposit for payroll • Already utilizing. E. Technology Questionnaire 1. Describe any plans to expand staff s ability to work remotely? • We can currently access e-mail and voicemail remotely but would most likely need access to the network and call forwarding. 22 , 2. Describe any changes to your telephone service requirements? (call conferencing, call forwarding; additional automated messagi.ng systems, etc.). • Not sure if we can set up ca11 forwarding remotely. 3. Describe any other signif cant changes to your operations that would impact services provided by or coordinated through ITS (e.g, establishment of alternative work facilities). Where possible, identify when changes to services would need to be in place. This is especially important when ITS needs to coordinate with outside service providers on issues like telephone services. • Home - Network access, cail forwarding, have ceil phone but a land Iine may be needed through Comcast. • Alternative Site - Network, Internet, Phone. F. Proactive measures to put in place now: • Setup remote access to electronic documents and network. • Implement plan for posting instructions for accessina network, docurnents, . and voicemail that would be accessible from offsite. • Automatic notification to all current service providers. 23 Department Continuitv of Operations Plan Department or Division Name: Operations and Administration - Human Resources A. Create plans & procedures t6at address pandemic flu assumptions. 1. Continuity of Government issues include: a. Provide your line of succession (names and phone numbers) for essential services. • Mike Jackson wk: 688-0250, c: 688-7575 • 7ohn Whitehead wk: 688-0021, c: 981-4371 • Lindsey Skinfill wk: 688-0207, c: 999-2778 • Mike Jackson wk: 688-0250, c: 688-7575 Depending on the situation, the succession might move directly from John to . Mike. Issues may also go to a contracted service. b. Institute delegation of authonty to implement your line of succession. • In most cases, this would flow back to Mike Jackson. 2. Identify any critical times of year when certain functions must be performed. • Any changes need to be made to informarion in EDEN before each payroll is run. • Benefit reports need to be reconciled multiple times each month. • Open Enrollment is at the end of each year, but this may be flexible in an emergency. • OSHA accident reporting is due to be completed and posted each February 1. 3. Identify any changes that your reduced level of service will have on other agencies not only within the City of Spokane Valley government but also other local, sta.te, or federal programs. • Responding to requests for information from other agencies, such as DOT. - 24 • Benefits issues raised by AWC needing responses. 4. Identify all internaUexternal customers with which you regularly do business. • Extemal: Union, citizens, benefit providers • Intemal: employees, management, department heads, City payroll 5. Identify goods and services you receive from others. • Benefits, temporary staffing, IT Support, internet service (if working remotely), VPN. 6. Identify a single point of contact in your department who will record and transmit Information about employee absentee rates and the ability to deliver essential service. • John Whitehead, Human Resources Manager 7. Identify a method of notifying employees of changing information. Email contact referable, using phone calls as a backup. We will • will be p need to know which employees have intemet access at home. We could ' also use the website or a recorded phone message. 8. If job functions are rotated to different employees, how will those needing services be I - . advised? • Emails would be sent out stating who is responsible for certain duties. • This information can also be put into an automatic email response. • Forwarding phones in the HR Office to others and updating voicemail ' greetings can also assist. ' B. Identify essentf al functions 1. Identify mission essential functions for your department. • Payroll, benefits, critical staffing, employee contact, advisory contact with other cities, Policy/Collective Bargaining/Employment Law interpretation. • Management Infornaation. 2. Identify functions that can be suspended while staff is reassigned to more critical roles. • Non-essential recruitment. 25 C. Identify essential staff 1. Identify positions needed to carry out mission essential functions. Identify key employees and multiple backups. • Lindsey Skinfill, HR Technician -(Backup, John Whitehead HR Manager) • John Whitehead, HR Manager -(Backup, Lindsey Skinfill for routine HR questions, Mike Jackson for complex HR issues) 2. Identify staff from non-mission essential areas that can be cross trained to backfill critical functions. • None 3. Identify an additioual workforce, for example retired employees, to complete mission essential functions. • Temporary staff'ing D. Identify alternate facilities or service delivery 1. Identify ways in which you can achieve social distancing (to prevent spread of disease) in the delivery of essential services. • Many of the HR functions can be done while working from home or off-site. We could conduct phone interviews for critical recruitment. Policy issues and employee questions can be handled by phone, email or web meetings. For tasks that must be done from the office, we could stagger work schedules to minimize exposure. 2. Can you achieve social distancing (to prevent spread of disease)? Consider ideas such as telecommuting, alternate work hours, alternate work locations, conference calls instead of meetings. • In general, social distancing can be aclueved by the HR department. The exceptions would be when files must be accessed that are in hardcopy form only. We would also need to gather and fax any benefit enrollment or change forms. 3. Identify changes in facility needs associated with alternate work locations. • Explore the expanded use of Eden to house employee information. This will allow HR staffto access a greater amount of infornsation remotely. • The more employee and benefit information is available electronically, the more we will be able to work at an alternate work location. 4. Detennine whether critical functions could be performed through flex shifting. 26 • The types of functions that could be done with flex shifting are those that are not electronic. This includes personnel files, benefit enrollment, new hire paperwork, benefits reporting and other critical files. 5. Employ use of employee direct deposit for payroll. • Di.rect deposit is being used. E. Technology Questionnaire 1. Describe any plans to expand staff's ability to work remotely? • Staff will need to be set up with the proper tools such as computers, telephones, and intemet service. Many HR documents and files may also be saved electronically to provide remote access. Staff will also need to be trained in any web meeting or document sharing prograins. I 2. Describe any changes to your telephone service requirements? (call conferencing, call forwarding, additional automated messaging systems, etc.). , I 3. Descnbe any other significant changes to your operations that would impact services ' provided by or coordinated through ITS (e.g. establishment of alternative work facilities). Where possible, identify when changes to services would need to be in place. This is especially important when ITS needs to coordinate with outside service providers on issues like telephone services. • Proper equipment will need to be installed and tested whether the person will be working from home or another work-site. Each remote site would need intemet access, and a telephone. Those who may need to video conference will need the necessary video equipment. F. Proactive measures to put in place now: • There should be a backup person for running payroll, as well as someone who can make minor changes to EDEN (a person's address, for eacample) • As much as possible, personnel, benefit, and recruitment files should be electronic. . • All emergency contact information must be up to date. • Instruct employees on how to prepare to min.imize the risk to themselves and their families. • Encourage or require direct deposit for City employees. 27 I)epartment Continuitv of Operations Plan Department or Division Name: Operations and Administration - Finance A. Create plans & procedures that address pandemic flu assumptions. 1. Continuity of Government issues include: a. Provide your line of succession (names and phone numbers) for essential services. Line of succession: • Ken Thompson, Finance Director • Dan Duffey, Accounting Manager b. Institute delegation of authority to implement your line of succession. • Ken Thompson, Finance Director • Dave Mercier, City Manager • Mike Jackson, Deputy City Manager 2. Identify any critical times of year when certain functions must be performed. • Bank Positive Pay exception report - daily • Iaformation Technology - daily s Processing and payment of invoices - weekly & Semimonthly payroll by 5th and 20'' of each month • Capital Projects Grant Progress Billing - Quarterly • Annual Financial Report Completion - March to June • Annual Audit - as scheduled with the State Auditors Office • Budget Preparation - April through October 3. Identify any changes that your reduced level of service will have on other agencies not only within the City of Spokane Valley government but also other local, state, or federal prograins. • Decreased Grant Progress Billings could cause cash flow issues within the City, as well as with the agency providi.ng the grant funds • Increase in time to pay invoices could result in suspension or loss of various services (utilities, construction, network, etc.) • Increase in Audit tirneline has potential affect on auditors office as well as all other organizations audited by same office. • Payroll delays due to inability to process , • Monthly council Budget Variance Reports could be delayed or not processed - • Help desk responses will be delayed 28 4. Identify all internaUexternal customers with which you regularly do business. • Intemal o All employees (Payroll, expense reimbursements) o All departments • External o Spokane County o Transportation Improvement Board o WSDOT o Banner Bank o Mountain West Bank 5. Identify goods and services you receive from others. • Internal o Budget information o Parks Department deposits o Building Department deposits o Invoices to pay o PR info • External o Audit - WA State Auditors Office o Banking - Banner bank, Mountain West Bank o County 6. Identify a single point of contact in youx departlnent who will record and transmit Information about employee absentee rates and the ability to deliver essential service. • Sarah Davenport, Accounting Technician • Melissa Holten, Accounting Technician 7. Identify a method of notifying employees of changing information. • E-mail and/or telephone 8. If job functions are rotated to different employees, how will those needing services be advised? • Notification to banks, change of access rights through delegation • Mass email to employees B. Identify essential functions ' 1. Identify mission essential functions for your department. 29 • Payroll . ' • Accounts Payable • Grant Reimbursement Requests • Banking • Maintain GL entries 2. Identify functions that can be suspended while staff is reassigned to more critical roles. • All other services C. Identify essential staff 1. Identify positions needed to carry out mission essential functions. Identify key employees and multiple backups. • Payroll - Raba Nimri Contact Eden • A.P - Sarah Davenport Melissa Holten Daniel Domrese Saydee Wilson • Grant Reimbursment Requests - Daaiel Domrese - Saydee Wilson • Banking - Dan Duffey Ken Thompson 2. Identify staff from non-mission essential areas that can be cross trained to backfill critical functions. • All finance employees can be cross trained to back fill critical functions except banking. 3. Identify an additional workforce, for example retired employees, to complete mission essential functions. • Temp agencies • CPA firms • Jason Faulkner • Dan Cenas D. Identify alternate facilities or service delivery 1. Identify ways in which you can achieve social distancing (to prevent spread of disease) in the delivery of essential services. , • Altemating work schedules _ 30 , • Alternate locations (depending on IT limitations) o CenterPlace o Home (limited) 2. Can you achieve social distancing (to prevent spread of disease)? Consider ideas such as telecommuting, alternate work hours, alternate work locations, couference calls instead of meetings. • Yes 3. Identify changes in facility needs associated with alternate work locations. • Placement of computing hardware to work from other city locations. • Need of network access form non city locations. 4. Determine whether critical functions could be performed through flex shifting. • Yes 5. Employ use of employee direct deposit for payroll. • Currently in use by all finance employees E. Technology Questionnaire 1. Describe any plans to expand staffl s ability to work remotely? • Ability to work offsite. 2. Describe any changes to your telephone service requirements? (call conferencing, call forwarding, additional automated messaging systems, etc.). 3. Describe any other significant changes to your operations that would impact services provided by or coordinated through ITS (e.g. establishment of alternative work facilities). Where possible, identify when changes to services would need to be in place. This is especially important when ITS needs to coordinate with outside service providers on issues like telephone services. • Network access, phone access to include conference call and or call forwarding • Altemate locations - Setup of hardware and network for access F. Proactive measures to put in place now: • Increase cross training among the Finance Department 31 Department Continuitv of Operations Plan Deaartment or Division Name: Operations and Administration (Finance) - Information Technology A. Create plans & procedures that address pandemic flu assumptions. 1. Continuity of Government issues include: a. Provide your line of succession (naxnes and phone numbers) for essential services. Line of succession: • Ken Thompson, Finance Director • Bin~ Bingaman, IT Specialist • Bill Miller, TT Specialist • Phil Herman, Database Administrator b. Institute delegation of authority to implement your line of succession. • Ken Thompson, Finance Director • Dave Mercier, City Manajer _ • Mike Jackson, Deputy City Manager 2. Identify any critical times of year when certain functions must be performed. • Maintaining the City's computer network and servers is critical at all times in order for the City of Spokane Valley to continue daily operations. 3. Identify any changes that your reduced level of service will have on other agencies not only within the City of Spokane Valley government but also other local, state, or federal programs. • Internal - The Continuity of Govemment plans for all City departments are at risk with a reduced level of IT service. In order for departments to perform their plans, access to the network must be available, whether onsite or by remote access. 4. Identify all internaUexternal customers with which you regularly do business. • Intemal - Employees, Management, Department Heads, Council • External - Cable and phone service, Laserfische Tech Support, Tech support for servers, Microsoft. 5. Identify goods and services you receive from others. • Network/server support from, Laserfische support, Software support. 32 6. Identify a single point of contact in your department who will record and transmit Information about employee absentee rates and the abiiity to deliver essential . service. • Ken Tliompson, Finance Director 7. Identify a method of notifying employees of changing information. • Website, office email, phone calls. , ' 8. If job functions are rotated to different employees, how will those needing services be advised? • Website, office email, phone calls. B. Identify essential functions 1. Identify mission essential functions for your department. • Maintaining the City's computer server/network function, both onsite and remote access , • Ability to access computers • Maintai.n.i.ng the City's phone system • Ability to forward numbers • VOIP (voice over intemet protocol) 2. Identify functions thaf can be suspended while staff is reassigned to more critical roles. C. Identify essential staff 1. Identify positions needed to carry out mission essential functions. Identify key employees and multiple backups. • Bing Bingaman, IT Specialist • Bill Miller, IT Specialist • Phil Herman, Database Administrator , 2. Identify staff from non-mission essential areas that can be cross trained to backf'~ll critical functions. 33 3. Identify an additional workforce, for example retired employees, to complete mission essential functions. • Bob Maddy, IT Technician D. Identify alternate facilities or service delivery 1. Identify ways in which you can achieve social distancing (to prevent spread of disease) in the delivery of essential services. • Through IP address access, city employees' computers can be accessed remotely. • Use of telephone and emails to discuss computer problems. 3. Can you achieve social distancing (to prevent spread of disease)? Consider ideas such as telecommuting, alternate work hours, alternate work locations, conference calls instead of meetings. • If able, network malfunctions will be addressed via remote access. - • As necessary, server repairs can be addressed durincr alternate work hours when public access to the building is decreased. • Conference calls will b8 utilized to address problems.. 3. Identify changes in facility needs associated with altemate work locations. 4. Determine whether critical functions could be performed through flex shifting. • Yes 5. Employ use of employee direct deposit for payroll. • Will encourage use if not already urilizing. E. Technology Questionnaire 1. Describe any plans to expand staff's ability to work remotely? • Accessino, computers off-site through VPN, Microsoft Sharepoint. • Accessing emails through City website; 34 - -log on to website www.spokanevallev.org, access through "Employee ' Access" icon at the bottom of the home page, know your user name and (same as office login/password). • VOIP (All PW phones, Bill Miller, Phil Herman, and Bing); -plug VOIP phones into any broadband connection for alternate site use. • Office phone forwarding capability; -phone calls to 921-1000 forwarded to an offsite location -forwarding desk phones to other employees, cell, or home for offsite usage. 2. Describe any changes to your telephone service requirements? (call conferencing, call forwarding, additional automated messaging systems, etc.). • Call Forwarding: See attached documents for call forwarding instructions. 3. Describe any other significant changes to your operations that would impact services provided by or coordinated through ITS (e.g. establishment of alternative work facilities). Where possible, identify when changes to services would need to be in place. This is especially important when ITS needs to coordinate with outside service providers on issues like telephone services. F. Proactive measures to put in place now: • Testing and training of phone forwarding system. • VOIP training and list of phones to departments (number the phones). • Laptop and computer program installation and training for off-site use. • Cross training of IT personnel on essential IT functions to provide multiple personnel capable of maintaining phone and computer servicas in the event of pandemic. 35 Department Continuitv of Operations Plan , Deaartment or Division Name: Community Development A. Create plans & procedures that address pandemic flu assumptioas. 1. Continuity of Govemment issues include: a. Provide your line of succession for essential services. Line of succession: (refer to Emergency Telephone Contact List maintained by Administrative Assistant in Executive and Legislative Support Department for emergency contact information) • Kathy McClung, Community Development Director Office: x1010 or 688-0030 Mary Kate McGee, Buildin~ Official Office: x1100 or 688-0024 • John Hohman, Senior Engineer-Development Office: x1200 or 688-0185 • Greg McCormick, Planning Management Office: x1300 or 688-0023 b. Institute delegation of authority to modify or address anomalies in line of succession. • Director • Building Official 2. Identify any critical times of year when certain functions must be perfonned. • All departmental functions performed year round. 3. Identify any changes that your reduced level of service will have on other agencies within not only the City of Spokane Valley government but also other local, state, or federal programs. • Impacts our ability to issue formal communications on behalf of the city to, and coordinate communications with: o Utility providers o City staff o General public o Businesses o Other governmental entities at local, state and federal levels 36 - o Non governmental organizations 4. Identify all internaUextemal customers with which you regularly do business. • City Council • Public Works Department • IT Department • City Managers Office • General Public • Spokane Valley Fire Department • Spokane County Fire District #8 • Spokane County Utilities • Water Districts • Health District • WSDOT 5. Identify goods and services you receive from others. • Interftal - o Information and reports from City Council, City staff on programs, projects and issues o Information technology, internet and telephone services through IT o Comments from intemal divisions for permitting activities o City Attorney's Office • External - o Comments from outside agencies for permitting activities and Development projects o Spokane County Assessors Office - recording of plat, easements, ROW dedications, etc o Spokane County- houses permit information on County server o Consultants providing review services o Newspapers ■ Valley News Herald-public notices 6. Identify a single point of contact in your department who will record and transmit information about employee absentee rates and the ability to deliver essential services. • Deanna Griffith, Administrative Assistant to Director Office: x1001 or 688-0050 37 7. Identify a method of notifying employees of changing infonnation. • Employees' City email addresses • City website • Telephone call to employee home phone • Text messages to employee cell phones 8. If job functions are rotated to different employees, bow will those needing services be advised? • Posting of information on website • Physical posting at Permit Center/front desk • Email notification • Out of office message on email • Out of office message or call forwarding on phone • Telephone (IT staff can set up phone and computer referrals if employee is unavailable) • Phoning customers with updated information regarding change in service B. Identify essential functions 1. Identify mission essential functions for your department. • Statutorily required functions. , 2. Identify functions that can be suspended while staff is reassigned to more critical roles. • P6ririittillg • Plan reviews (building and civil) • Hearings • Pre-application meeting • Application processing • Recording of plats • Inspections (building and civil) • Code enforcement • Non-emergency-related communications including o Non-emergency emaiUtelephone messages o Council meeting attendance o Non-emergency website maintenance o Public Hearings o Planning Commission Hearings C. Identify essential staff 1. Identify positions needed to carry out mission essential functions. Identify key employees and multiple backups. 38 • Natural Disasters staff for essential functions o Inspection staff (damage assessments) o Engineering staff (damage assessments) o Planning staff with GIS skills provide existing data and create databases/maps that will assist recovery efforts • SocialIsolation o Staff required to perform statutorily required functions 2. Identify staff from non-mission essential areas that can be cross trained to backfill critical functions. • Natural Disasters staff cross training o Public Works inspection and engineering staff may be help with building damage assessments o Permitting staff cross trained to assist building inspectors • Social Isolation staff cross training o Planning and Development Engineering Technicians trained to do permitting o Development Engineering Technicians already crossing training to facilitate pre-application meetings o The department has a total of 6 positions, which perform inspection tasks. The inspection staff has already been conducting cross training activities. In the case of social isolation, a rotating schedule will be implemented. 3. Identify an additional workforce, for example retired employees, to complete mission essential functions. • Temporary or contract staffing • Staff from other jurisdictions within the local area jurisdictions/agencies (interlocal agreements may be required). D. Identify alternate facilities or service delivery 1. Identify ways in which you can achieve social distanci.ng (to prevent spread of disease) in the delivery of essential services. • Conduct conununications information gathering and dissemination via email, telephone, internet, website, teleconference • Telework from home or from other alternative location • Change routing procedure for submitted documents to reduce staff contact, no person to person delivery, pick up of documents from division in boxes • Eliminate internal meetings (staff, coordination, etc) use phone and email • Use portable data storage devices (thumb drives) to o Work from altemative locations o Store vital documents 39 2. Can you achieve social distancing (to prevent spread of disease)? Consider ideas such as telecommuting, altemate work hours, alternate work locations, conference calls instead of meetings. • Altemate work schedules • Mailing documents instead of ineetings (pre-apps docs, tech review docs, etc) • Increased responses to customers via phone calls and emails instead of at counter or in meetings • Allow submittal of permitting documents via email instead of in person. • Allow payment of fees online • Allow document to be faaced 3. Identify ahanges in facility needs associated with alternate work locations. • Updated Permit Center Website to allow submittal of permit applications electronically • Update Permit Center Website to allow applicant to check status of permit • Update department website to allow customer to check status of application online • Install plastic dividers at permit and planning counter to help reduce contact level between staff and general public • Use only front conference rooms or City Council chambers for meeting to prevent general public from interacting with staff • Restrict non-employee visitors (family, friends, etc) from general work areas . 4. Determine whether critical functions could be performed through flex shifting. • Yes 5. Employ use of employee direct deposit for payroll. E. Technology Questionnaire 1. Describe any plans to expand staffls ability to work remotely? • Inspectors already have laptop computers, these laptops need to be checked to ensure they are updated with latest available technology for wireless connections to network and permitting system • Citrix software (coordination with Spokane County required) updated to allow o Remote access by staff to input and read data o Remote access by reviewing agencies to input and read data o Remote access by customers to view staff of applications 2. Describe any changes to your telephone service requirements? (call conferencing, call forwarding, additional automated messaging systems, etc.). • Call conferencing /teleconferencing/video conferencincr 40 , • Automated messaging system needed " • Cail forwarding to alternative work locations 0 Additional cell phone services for essential staff 3. Describe any other signif cant changes to your operations that would impact services provided by or coordinated filuough ITS (e.g. esta.blishment of alternative work facilities). Where possible, identify when changes to services would need to be in place. This is especially important when ITS needs to coordinate with outside service providers on issues like telephone services. • Implement telephone line for those with permit applications and a separate line for review agencies to leave comments and questions • Employee information telephone line needs to be established and instructions for updating/routing callers should be added to Emergency Communications protocol. F. Proactive measures to put in place now: • Finalize line of succession and document, communicate, train and drill in procedures • Finalize delegation of authority to implement line of succession and document, communicate, train and drill in process. • Set up group voice mail distribution lists that department heads can access and implement from either in-office or remotely to notify employees of closureJreporting status in case of a closure. • Ensure all employees have been trained and know how to set up computers and phones for out-of-office messages and call forwarding. • Put posters in common areas regarding hand washing, staying home if sick, etc • Start providing hand sanitizer and other supplies now • Promote clean work area (motivate employees to keep clean work area with some type of incentive) . • Train staff who work outside of City Hall on measures to prevent spread of flu o No hand shaking o Wear personal protective equipment (face masks) when in close contact with general public • Employee information o Perform survey of staff to determine potential number impacted . by schooUdaycare closures, pubiic transit/transportation to work reliability, household members in high risk categories (see Flu.gov for sample survey) o Promote flu prevention and care information, including stay at home if sick. o Promote flu vaccination when available o Encourage all employees to use direct deposit. o Encourage employees to develop home preparedness plan , o Provide resource information to employees (nurse line numbers, - - websites, handouts, etc) , 41 Department Confinuitv of O'nerations Plan . DeDartment ar Ilivision Name: ~arks and Rec1'eatIOn A. Create p]ans & procedures that address gandemic flu assumptions, 1. Continuity of Crovernment assues include: a. Pravide your line of succession (names and ghane Dumbers) for essential Se1vI,ces. L]Ile 0f S1.1GGeSsIDL1: 0 M1ke StoI1E~', DLT'eCtOr; 688-0040 - 63 8-983 Sc 0 Caral Carter, Facilities Supervisor: 6$8-0042 - 994-9857cell • Tettnifer Papicb, Recrea#ian Cvordinator. 6$$-0190 - 385-3592 cell • Brian Moat, Maintenance: 688-0302- 217-G971cel1 • CbrisDQbbias, 'Maintenatice: 688-0302 - 263-0513ce11 6. Institute delegatian of authority to implement your line of successian. • Mike Stone wi11 implement lYne of successian. ; 2. Tdentify any critic.al times of yeax when certaiu functians must be per£ozrried. •Summer is acritical time due to scheduled weddings and corporate park oe~tffi~s. • Fa1l,is critica1 to c.orporate meetings. 3. Identify any changes that your reduced 1eve1 of servi+ce will have oD other agenaies not only within the City of Spokane Valley government bu,t alsa other loca1, state, Qr federal progams. + Reduced 1eve1 of servace will nat impact other loca1, state, or federal prog'ams with the exceptian of 5pokane Community Coll,ege classes. 4. Tdentify a11 internaIlexternal custorners with which yau regularly do business, • The list of oustomers varies and i~ very Iarge. Sirnply, oux parks, recreatian prograffis and CenterPlace are used by msident.s of the cornrnunity. CenterPlace also does business with a variety of corporate and community organizations, Spakane Community Colleges and the Spokane Vailey Senior Center. ,Additianally we have aur paxk and aquatic mainfenance cantrac#ed aut to private cantractors and we utilize a wide variety ofvendors to suPPlY goods and smices to CenterPlace. 5. Identify goods and services you rece;ive from athers. .42 • We have ongoing maintenance contracts for services within our Parks, Pools and CenterPlace. We also work with a variety of vendors to supply CenterPlace with goods and equipment we use in our operations. 6. Identify a single point of contact in your department who will record and transmit information about employee absentee rates and the ability to deliver essential service. • Mike Stone, Director 7. Identify a method of notifying employees of changing information. • Employee's City email addresses • Employee telephone • Website 8. If job functions are rotated to different employees, how will those needing services be advised? • Email notification • Out of Office message on email • Out of Office message on phone • Telephone S. Identify essential functions 1. Identify mission essential functions for your department. • Communication. T'he public needs to be able to schedule the use of CenterPlace a.nd Parks • Essential since our facilities are the actual host of the event or activity. 2. Identify functions that can be suspended while staff is reassigned to more critical roles. • Recreational Programs • Senior Center C. Identify essential staff 1. Identify positions needed to carry out mission essential functions. Identify key employees and multiple backups. • For CenterPlace: Carol Carter, Brandon Newbill and Brian Moat with Becky Gilbreath and Chris Dobbins as backup. • For Recreation: Jennifer Papich 43 • For Senior Center: Karen Clark-Parson • For Parks: Mike Stone with Patty Bischoff as backup 2. Identify staff from non-mission essential areas that can be cross trai.ned to backfill critical functions. • Mike Stone, Karen Clark-Parson and Pariy Bischoff could be cross-trained to _ take reservations etc; • Jennifer Papich - website updates 3. Identify an additional workforce, for example retired employees, to complete mission essential functions. • I`Tone. D. Identify alternate facilities or service delivery 1. Identify ways in which you can achieve social distancing (to prevent spread of disease) in the delivery of essential services. • CenterPlace could be closed for events and programs. This would not only impact scheduled events, but Community College classes, Meals on Wheels - and the Spokane Valley Senior Center. ' 2. Can you achieve social distancing (to prevent spread of disease)? Consider ideas such as telecommuting, alternate work hours, alternate work locations, conference calls instead of meetings. • If CenterPlace remains open for any events or activities, social distancing could not be achieved as staff would need to work the events. 3. Identify changes in facility needs associated with alternate work locations. • None 4. Determine whether critical functions could be performed th.rough flex shifting. • Yes 5. Employ use of employee d'uect deposit for payroll. • All ni.ne permanent employees have direct deposit. 44 - E. Technology Questionnaire 1. Describe any plans to expand staff s ability to work remotely? • Need would be for City laptops to be available. 2. Describe any changes to your telephone service requirements? (call conferencing, call forwarding, additional automated messaging systems, etc.). • None 3. Describe any other significant changes to your operations that would impact services provided by or coordinated through ITS (e.g. establishment of altemative work facilities). Where possible, identify when changes to services would need to be in place. This is especially important when ITS needs to coordinate with outside service providers on issues like telephone services. • None F. Proactive measures to put in place now: • Provide necessary staff cross-training. • Determine availability of City laptops. • Review plan with staff and make necessary changes. • Discuss plan with Senior Center Association. • Discuss plan with Meals on Wheels. 45 Department Continuitv of Operations Plan - Department or Division Name: Public Wopks - Capital Projects A. Create plans & procedures that address pandemic flu assumptions. 1. Continuity of Government issues include: a. Provide your line of succession (names and phone numbers) for essential services. . • Neil Kersten, Public Works Director 990-3482 • Steve Worley, Senior Engineer CIP 979-7480 • Craig Aldworth, Senior Enaineer 747-0100 b. Institute delegation of authority to implement your line of succession. • Will be done by Memo. 2. Identify any critical times of year when certain functions must be performed. • Construction inspections, management during summer. 3. Identify any changes that your reduced level of service will have on other agencies not only within the City of Spokane Valley government but also other local, state, or federal programs. • N/A 4. Identify all internaUexternal customers with which you regularly do business. • County & State agencies, WSDOT, Contractors, Citizens 5. Identify goods and services you receive from others. • N/A 6. Identify a single point of contact in your department who will record and transmit information about employee absentee rates and the ability to deliver essential service. • Kristin Peart 7. Identify a method of notifying employees of changing infonnation. • City Administration 46 8. If job functions are rotated to different employees, how will those needing services be advised? • Via telephone by City Administration B. Identify essential functions 1. Identify mission essential functions for your department. • Construction inspection/management, 2. Identify functions that can be suspended while staff is reassigned to more critical roles. ~ Design work can be suspended. C. Ideatify essential staff 1. Identify positions needed to carry out mission essential functions. Identify key empioyees and multiple backups. • PW Director, Maint Superintendent, Senior Capital Projects Engineer, Stormwater Engineer, Sen.ior Traffic Engineer. 2. Identify staff from non-mission essential areas that can be cross trained to backfill critical functions. • None 3. Identify an additional workforce, for example retired employees, to compiete mission essential functions. • By Advertisement D. Identify alternate facilities or service delivery 1. Identify ways in which you can achieve social distancing (to prevent spread of disease) in the delivery of essential services. • Some employees could work from home. 2. Can you achieve social distancing (to prevent spread of disease)? Consider ideas such as telecommuting, alternate work hours, alternate work locations, conference calls i.nstead of meetixigs. • Can be investigated if necessary. ' 3. Identify cha.nges in facility needs associated with alternate work locations. 47 • Unknown 4. Detennine whether critical functions could be performed through flex shifting. • No 5. Employ use of employee direct deposit for payroll. • Most employees use direct deposit. E. Technology Questionnaire - 1. Describe any plans to expand staff's ability to work remotely? • City should set up remote connection ability to access network. 2. Describe any changes to your telephone service requirements? (call conferencing, call forwarding, additional automated messaging systems, etc.). • Establishing conferencing service, so staff can all call into a central location from difference sites. 3. Describe any other significant changes to your operations that would impact services provided by or coordinated through ITS (e.g. establishment of alternative work facilities). Where possible, identify when changes to services would need to be in place. This is especially i.mportant when ITS needs to coordinate with outside service providers on issues like telephone services. F. Proactive measures to put in place now: 48 Department Continuitv of Operations Plan Department or Division Name: Public Works - Storm Water A. Create plans & procedures that address pandemic flu assumptions. 1. Continuity of Government issues include: a. Provide your line of succession (names and phone numbers) for essential services. Line of succession: • Neil Kersten, Public Works Director 990-3482 • Art Jenkins, Stormwater Engineer 844-5066 • Aaron Clary, Engineering Technician II 993-8958 b. Institute delegation of authority to implement your line of succession. • Will be done by memo. 2. Identify any critical times of year when certain functions must be performed. • Large run-off events or spills year round. 3. Identify any changes that your reduced level of service will have on other agencies not only within the City of Spokane Valiey government but also other local, state, or federal programs. 4. Identify all internaUextemal customers with which you regularly do business. 0 County & State agencies, Contractors, Citizens of Spokane Valley 5. Identify goods and services you receive from others. • Fuel 6. Identify a single point of contact in your deparhment who will record and transmit Information about employee absentee rates and the ability to deliver essential service, • Kristin Peart, Admin.istrative Assistant 7. Identify a method of notifying employees of changing information. 49 i • City Administration 8. If job functions are rotated to different employees, how will those needing services be advised? • City Administration B. Identify essential fuactions 1. Identify xnission essential functions for your department. • Local urban flooding, spills in ROW. 2. Identify functions that can be suspended while staff is reassigned to more critical roles. • Ongoing permit work, planning, and desip work can be suspended. C. Identify essential staff 1. Identify positions needed to cany out mission essential functions. Identify key employees and multiple backups. • Sr. Storm Water Engineer, Storm Water Engineer, Interns 2. Identify staff from non-mission essential areas that can be cross trained to backfill critical functions. • N/A 3. Identify an addifiional workforce, for example retired employees, to complete mission essential functions. • By Advertisement D. Identify alternate facilities or service delivery 1. Identify ways in which you can achieve social distancing (to prevent spread of disease) in the delivery of essential services. • Some employees could work from home, stay in vehicles, use cell phones rather than in-person meetinas, phone conferencing. 2. Can you achieve social distancing (to prevent spread of disease)? Consider ideas such as telecommuting, alternate work hours, altemate work locations, conference calls instead of . meetings. ' 50 - - • Can be investigated if necessary. 3. Iden,tify changes in facility needs assnciated wit.h altemate work lacations. • Can 6e investigated if necessary. 4. Y]etermine whedxer critical fumctions could be performed thraugh flex shifting. • Can be investicrated if necessary. 5. Employ use of employee direct depasit for payroll. • 1VIost employees use direct depvsit E. Techaology Quest-iannaire 1. Desaribe any plans fa expand staff's ability ta work remofely? • City sbould set up remote cannection ability to access netavork, 2. Describe any changes to your telephone service requirements? (call canferencing, ca11 forwarding, additional automated rnessaging systerns, etc.). • To be' handled by City Adrninistration. 3, Describe any other sigriificant changes to your operations that would impact ser-vices pravided by or coordinated thraugh ITS (e.g. establishment of alternative utork faG1lit1eS). Where possible, identify when changes to services vvould need ta be in place. This is especially important when'rTS needs to ooardinate vvith outside service prnviders on issues like telephone servxces. - F. Proactive measnres to put in p1ace now: + Phane ronferencing + Ce11 phone for setect heads * Ham radio list (those that have on,e frotn Ci#y) - Nextell + Call forwardinla to HamelCeII 51 Department Continuitv of Operations Plan Department or Division Name: Public Works - Street Fund - Street A. Create plans & procedures that address pandemic flu assumptions. 1. Continuity of Govemment issues include: a. Provide your line of succession (names and phone numbers) for essential services. Line of succession: • Neil Kersten, Public Works Director 990-3482 • Tim Klein, Maintenance Superintendent 294-1038 • Brant Collier, Maintenance Inspector 868-7184 • Tom Danielson, Maintenance Inspector 294-6079 b. Institute delegation of authority to implement your line of succession. • Wiil be done by memo. 2. Identify any critical times of year when certain functions must be performed. • Winter operations and Spring flooding. 3. Identify any changes that your reduced level of service will have on other agencies not only within the City of Spokane Valley government but also other local, state, or federal programs. • Vehicular traffic would be affected with a reduction of service. 4. Identify all intemaUexternal customers with which you regularly do business. • County & State agencies, Contractors, Citizens and employees of Spokane Valley 5. Identify goods and services you receive from others. • Contract Maintenance • Materials 6. Identify a single point of contact in your department who will record and fxansmit Information about employee absentee rates and the ability to deliver essential 52 5eIV1Ce. • Kristin Peart Admimistrative Assistatit 7. Identify a rnethod of noti.fying emplayees of changing informatian, • -City Administration S, Yf jab functions are rotated, to different employees, how will thase needing services 'be advised? • City AdnZinistration B. Identify essential furtctions 1. Idexitify mission essential functions far yaur depariment. • Street mainten,ancelsignalization maintenance of ai1 Mrastructures. 2. Xdentify functions that can be suspended while staff is reasszgned to mare critical roles. *Sireet maintenance functians -consi,dered high priont-y and must nvt be suspended. • Nino;r activi#ies such as sweepin,( F, pavtng may be suspend,ed • Emergency vperations cannot be suspen,ded. C. Identify essential staff 1. Tdentify positions neerled to carry out mission essenfial functions. Identify key emplayees and multiple backups. • Public Works staff and contractors 2. Identify staff fram nvn-rnissian essential areas #hat can be cross trained to backfill critical functians. ~ N/A 3. Identify an additional workforce, for example ret€red emplayees, to coinplete mission essen€ia1 fimctions. • By AdvertYSement . D. Tdentify alternate facilities or service delivery . 53 1. Identify ways in which you can achieve social distancing (to prevent spread of disease) in the delivery of essential services. • Some employees could work from home on internet. 2. Can you achieve social distancing (to prevent spread of disease)? Consider ideas such as telecommuting, altemate work hours, alternate work locations, conference calls instead of meetings. • Can be investigated as needed. 3. Identify changes in facility needs associated with alternate work locations. • Can be investigated as needed. 4. Determine whether critical functions could be performed through flex shifting. • Can be investigated as needed. 5. Employ use of employee direct deposit for payroll. a Most employees use direct deposit. E. Tecbnology Questionnaire - , , 1. Describe any plans to expand staff's ability to work remotely? • Need laptops with access to network. 2. Describe any changes to your telephone service requirements? (call conferencing, call forwarding, additional automated messaging systems, etc.). • To be handled by administration. 3. Describe any other significant changes to your operations that would impact services provided by or coordinated through ITS (e.g. establishment of alteniative work facilities). Where possible, identify when changes to services would need to be in place. This is especially important when ITS needs to coordinate with outside service providers on issues like telephone services. F. Proactive measures to put in place now: 54 - Department C-ontinuitv of Ofoerativns Plan Department or I)ivisian Name: Pub1~~ WorkS - Stree# FuRd - Traffic A. Create plans & procedures that address pandemic f1u assumptions. 1. Continuity of Govemnent issues include: a. Prouide your line of succession (names and phone numbers) far essential services. Line of successian,: • Neil Kersten, Fublic Wvrks Director 940-3482 • Iaga Note, Senior Engiueer $44-8790 • Rya.n Kipp, Assistant Engineer 727-810-111 0 • Tim Klein, Maintenance Sugerintendent 294-103E b. Ynstitute delegation of authority ta inaplement your line af sticcession. • Will be dane by m.emo. 2. Iden#ify any critica1 ti.mes af year when certain functions must be performed. • 5 ame year round 3. identify a-ny chn,ges that your reduced leve1 af servi,ce wi'll have on, other agencies not only within the City of Spokane Valley gove=ent but also ather local, state, or federal prograrns. • Conrdinating signal sign operatian. ]DeIay in time to respoad to CAR approval,. Review tra .~'ic control plans for constructian prajects. 4. Identify all internaUexternal customers with wliich you regularly da busi.ness. *County & State agencies, Contractors, Citizens af 5pokane Va11ey 5. Identify goods and services you reeeive fram others. . • Electricity 6, Iden,tify a single point of contac# in your department who will record and iratismit in.farmatiaa ahout emptoyee absezatee rates and the ability to deiiver essential service. 55 • Kristin Peart, Administrative Assistant 7. Identify a method of notifying employees of changing information. • City Administration 8. If job functions are rotated to different employees, how will those needing services be advised? • City Administration B. Identify essential functions 1. Identify mission essential functions for your department. • Coordinating signal operations/maintenance with WSDOT & County Traffic Control. 2. Identify functions that can be suspended while staff is reassigned to more critical roles. • Handling citizen action requests for traffic issues. C. Identify essential staff 1. Identify positions needed to carry out mission essential functions. Identify key employees and multiple backups. • Sr. Traffic Engineer, Traffic Engineer, Traffic Intern 2. Identify staff from non-mission essential areas that can be cross trained to backfill critical functions. • N/A 3. Identify an additional workforce, for example retired employees, to complete mission essential functions. • By Advertisement D. Identify alternate facilities or service delivery 1. Identify ways in which you can achieve social distancing (to prevent spread of disease) in the delivery of essential services. • Some employees could work from home depending on time of year. 56 " 2. Can you achieve social distancing (to prevent spread of disease)? Consider ideas such as - telecommuting, alternate work hours, alternate work locations, conference calls instead of meetings. • Can be investigated if needed. 3. Identify changes in facility needs associated with alternate work locations. • Can be investigated if needed. 4. Determine whether critical functions could be performed througb flex shifting. • Can be investigated if needed. 5. Employ use of employee direct deposit for payroll. • Most employees use direct deposit. E. Technoiogy Questiooaaire 1. Describe any plans to expand staffs ability to work remotely? • City should set up remote Iogin. 2. Describe any changes to your telephone service requirements? (call conferencing, call forwarding, additional automated messaging systems, etc.). • To be handled by administration 3. Describe any other significant changes to your operations that would 'unpact services provided by or coordinated through ITS (e.g. establishment of altemative work facilities). Where possible, identify when changes to services would need to be in place. This is especialiy important when ITS needs to coordinate with outside service providers on issues like telephone services. F. Proactive measures to put in piace now: 57 9. ELEMENTS OF THE CI'TY OF SPOKANE VALLEY CONTINUITY OF, OPERATIONS A. Communications a) This plan has been posted on the City of Spokane Valley Website. It will be reviewed with staff again if and when the Spokane Regional Health District issues a pandemic alert or as the core team determines necessary based on the heightened incidence/severity of flu cases ancUor confirmed pandemic cases in our local area. b) The following information is reviewed with staff at least bi-annually: i. Possible health and safety issues - Attached to this plan are documents to provide an overview of what to expect if there is a pandemic along with steps staff can take to protect itself and family. ii. Potential for office closure -City of Spokane Valley is not likely to completely shut down during a pandemic - unless there is a declaration of emergency that orders the closure of all businesses. Voluntary closure of the office on the part of the City of Spokane Valley could place us in a position of failing to perform our statutorily required duties. c) Emergency Communications Management Plan - Upon a decision to suspend city operations, the City Manager or authorized designee (Deputy City , Manager) will trigger notifications and communications as appropriate 1. Telephone tree notifications a. City Manager - Notify Deputy City Manager and Council b. Deputy City Manager notifies Senior Staff, Public Infonnation Officer and Executive Support Staff c. Public Information Officer notifies Ops & Admin Staff d. Department heads notify employees and ensure departmentJcitizen interaction telephone lines are updated with appropriate message or forwarded to 921- 1000. i. For future considerations: Upload emergency employee contact list accessible via website for , management to implement phone tree 2. Confirnung email notification to all City staff and Council a. Primary responsibility - Public Information Officer b. Secondary responsibility - Information Technology Specialist c. Tertiary responsibility - Deputy City Manager d. E-mails will be sent to work e-mail addresses. i. Message includes 1. City Hall closure status 58 2. Employee report or work from home status 3. Employee information line number 4. Employees check website/emaiUemployee information line for status updates 3. Update 921-1000 temporary message recordJupdate a. To be completed between 6:30 a.m. - 7:00 am. daily or as status changes b. Change temporary greeting to reflect status (Date in effect, closure, emergency status, where to ca11 or number to select for more information or to leave a message, etc.) i. Primary responsibility: Information Technology Specialist (Bing) ii. Secondary responsibility: Public Information Officer (Carolbelle) iii. Tertiary responsibility: Deputy City Manager (Mike J.) 4. Update website a. To be completed between 6:30 a.m, and 7:00 a.m. daily or as status changes i. Primary responsibilifiy: Public Information Officer (Carolbelle) ii. Secondary responsibility: Information Technology Specialist (Bing) iii. Tertiary responsibility: Deputy City Manager 5. Post closure, infonnation resources and contacts on main page a. Situation updates/li.nks on main pa.ge 6. Media releases/updates a. Public Information Officer to check with City Manager or Designee for situational updates at 9:00 a.m. with goai of having media releases out and updates posted to website within one hour. 7. Communication with local officials - City of Spokane Valley will use the Web to let 1oca1 officials of other jurisdictions know about the City of Spokane Valley operations during a pandem.ic situation. B.1Polpcies and Procedures a) All staff should review the City of Spokane Valley's Policies and Procedures on a regular basis. Polices specifically related to the Pandemic Plan include, but are nat limited to: 59 o Sick and Bereavement Leave Policy # 200.515 • Family Medical Leave Policy # 200.520 • Pay Procedures Policy # b) The City of Spokane Valley has the option to adopt a work rule which allows compensation during the time of an emergency declaration that may lead to a voluntary closure of our City offices. Employees should review the attached Resolution No. 09-013, which describes the parameters for compensation by the City during a voluntary closure. C. Influenza Protection Measures - According to the Spokane Regional Health District a person infected with influenza virus can be contagious for 24 hours before the onset of symptoms, and for seven days thereafter, making it extremely easy for the virus to spread rapidly to large numbers of people. a) Preventative Measures - Hand hygiene, and cough etiquette. These measures should be practiced by everyone, all the time. This should be common practice during any cold and flu season. The City of Spokane Valley will ensure that adequate supplies of hand hygiene products (soap and hand towels, alcohol hand gel) are available. b) Workplace Cleaning - During a pandemic, we will need to implement additional measures to muumize the transmission of the virus through environmental sources, particularly hard surfaces (e.g. sinks, handles, railings, objects and counters). Transmission from contaminated hard surfaces is unlikely but influenza viruses may live up to two days on such surfaces. Influenza viruses are inactivated by alcohol and by chlorine. Cleaning of environmental surfaces with a neutral detergent followed by a disinfectant solution is recommended. Surfaces that are frequently touched Nvith hands should be cleaned often, preferably daily. Staff should not share cups, dishes, and cutlery and ensure they are thoroughly washed with soap and hot water after use. Remove a11 magazines / papers from waiting rooms and common areas (such as library tables and kitchen). When a person with suspected influenza is identified and has left the workplace, it is i.mportant that their work area / office, along with any other knovvn places they have been, are thoroughly cleaned and disinfected. c) Restrict Workplace Entry of People With Influenza Symptoms - On the declaration of limiting social exposure by either the SRHD or City of Spokane Va11ey core team, the City of Spokane Va11ey will put up notices at all workplace facility entry points, advising staff and visitors not to enter if they have influenza symptoms (Exhibit A). Employees will be advised not to come to work when they are feeling unwell, particularly if they are exiibiting any influenza symptoms. 60 Unwell employees will be advised to see a doctor. Workers who are ill should stay home until symptoms resolve. Ill employees need to complete any required quarantine period and are healthy before returning to work. Staff who have recovered from the pandemic influenza are unlikely to be re- infected (they will have natural immunity) and will be encouraged to return to work as soon as they are well. Staff that share households with someone who comes down with pandemic influenza should not come to work. The reason is that they can become carriers of the flu before they come down with flu symptoms. This incubation period could be 7 days following the time of symptom onset in the household member. d) Social Distancing - These measures would be triggered by a declaration by the State of Washington, the Spokane Regional Health District (SRHD plan processes axe still under construction at this time) or the City of Spokane Valley based on the intensity of the pandemic in our local area. Public and private schools would probably be closed, largely because it has been deterniined that stopping child to child transmission is critical to curbing the spread of the virus. The core of this strategy is to minimize staff contact with others. Crowded places and large gatherings of people should be avoided, whether in internal ar external spaces. A distance of at least 3 meters (about 10 feet) should be maintained between persons wherever practical. Larger distances are more effective. Visiting or other contact with ill people should be avoided wherever practicable. Suggestions on how to mini i7e contact include: ii. Avoid meeting people face-to-face - use the telephone, e-mail and the internet to conduct business as much as possible - even when participants are in the same building; iii. Avoid any unnecessary travel and cancel or postpone non-essential meetings / conferences and workshops / training sessions; iv. Arrange for employees to work from home or work variable hours to avoid crowding at the workplace; v. Avoid public transport: walk, cycle, drive a car or go early or late to avoid rush hour crowding on public transport; vi. Bring lunch and eat at desk or away from others (avoid crowded restaura.nts). Introduce staggered lunchtimes so numbers of people in the lunch room are reduced; vii. Do not congregate in kitchen or other areas where people socialize. Do what needs to be done and then leave the area; viii. If a face-to-face meeting with people is unavoidable, minimize the meeting time, choose a Iarge meeting room and sit at least 3 meters (10 feet) away from each other if possible; avoid shaking hands or hugging. Consider holding meetings in the open air; 61 ix. Encourage staff to avoid recreational or other leisure classes / meetings etc. where they might come into contact with i.nfectious people. e) Disposable surgical masks - Even though the SRHD declares schools closed, the rate of infections may continue to increase following social distancing. During this level of risk there is increased and sustained transmission in the general population. Any mask must be disposed as soon as it becomes moist or after any cough or sneeze, in an appropriate waste receptacle, and hands must be thoroughly washed and dried after the used mask has been discarded. fl Ventilation - There is scientific and medical evidence that influenza can spread in inadequately ventilated internal spaces. According to WEB Properties, Redvvood Plaza does not circulate any air from other floors of the building. The HVAC system has separate zones on each floor and each zone has a fresh air intake with charcoal filters i.nstalled. D. Other Essential Functions: a) City of Spokane Va11ey has set up a system to monitor staff who are ill or suspected to be ill during a pandemic, including contacting sta.ff who are unexpectedly absent from work. This includes the process to facilitate/encourage the return of staff to work once they are better or at end of a quarantine period. b) City of Spokane Valley will have adequate supplies of tissues, medical and hand hygiene products, cleaning supplies and masks for people who become ill at work. It may be difficult to purchase such products once a pandemic begins. . c) Supplies may be disrupted. City of Spokane Va11ey will examine our supply needs and make sure we have at least a three month supply of critical items at all times. 10. Internet Resources: www.cdc. eov www.flu. [Zov http : //vvww. srhd. ora/ httD://www.doh.wa.izov/panflu/Ddf/PanfluPocket.lDdf http://www.srhd.ore/documents/SwineFlu/Sto-o%20Germs.%20Clean%20Your%20Hand _ s.%20Co1or.odf 62 - - Exhibit A INFLUENZA N%JT1F1%.P1;AH%T1UN Influenza is a contagivus dtsease. There is currently an increase in the numbers af people in Spvkane County with influenza. In order to reduce the spread of influenza in thEs workptace, the following is required of everybody: DO NOT COME TO WORK if you have: chE11s, shivering and a #ever - s onset af rnuscle aches and pains ' • - sore thraat :drycough trouble breathing $ sneezing ¢ stuffy ar runny nose ~ tiredness. Cf sorne of the above apply tv you, please stay home and wait until yau have recvvered and have a temperature <100 and have gone at Ceast 24 hours rnrithout fever reducing medication. Yvu a{so may be asked to obtain a fitness-for-duty examination before returnirtg ta work. If you ~~art to fee - ll'. at -I~~rk, DO NOT leave your - work ar~~ ~ome in contact with other emp1oyees. Use your phone to contact your ~ supervbsor. 63 12. Background Seasonal influenza epidemics occur yearly due to subtypes of influenza that circulate worldwide. These epidemics are responsible for an average of 36,000 deaths annually in the United States. Seasonal influenza primarily impacts those in the community Nvith weaker immune responses (the very young, old and chronically ill) since most people develop some degree of immunity to the viruses through annual illness or vaccine. This immune response helps protect from the serious consequences of influenza. Influenza pandemics, however, are distinct from seasonal influenza epidemics and represent one of the greatest potential threats to the public's health. Pandemic influenza refers to a worldwide epidemic due to a new, dramatically different strain of influenza virus. A pandemic virus strain can spread rapidly from person to person and, if severe, - can cause high levels of disease and death around the world. There are several characteristics of influenza pandemic that differentiate it from other public health emergencies. First, it has the potential to suddenly cause illness in a very large number of people, who could easily overwhelm the health care systern throughout the nation. A pandemic outbreak could also jeopardize essential community services by causing high levels of absenteeism in critical workplace positions. It is likely that vaccines aga.inst the new virus will not be available for six to eight months following the emergence of the virus. Basic services, such _ as health care, law enforcement, fire, emergency response, communications, transporta.tion, and utilities, could be disrupted during a pandemic. Finally, the - pandemic, unlike many other emergency events, could last for several weeks, if not months. During the peak of a pandemic, non essential govemmental services may need to be shut down or seriously cut back. Telecommunications will likely be overwhelmed early in the pandemic. Some experts think that the Internet could shut down within 2 to 4 days of an outbreak and that telecommuting will not be a viable option. The population may be directed to stay in their homes but many people may not comply. Governments may need to assume responsibility for the "last mile" of delivery of food and other supplies. Schools will probably be sliut down. Absentee rates will be high. There are estimates that as much as 25% to 35% of the workforce will take 5-8 days off over a period of three months. There are five potential stages leading to a pandemic: • Virus Alert Stage - Detection in one or more people of a virus for which there is no immunity in the general population. Potential, but not inevitable, precursor to a pandemic. • Pandemic Alert Stage - Virus demonstrates person-to-person transmission and causes multiple cases in the same geographic area. - 64 4 Pandemic Imrninent Stage - Virus causing an unusually high rate ofnew cases and il'kOrtaLity lri w1deSpread geQgr~ph1C areas. a Pandemic Stage - Further spread of the virus with world-wide invalvement. Q Second Wave -Afker the number of cases falls and the pandemfa appears #a be ending, typically a secand wave of cases occurs within seve-ral months. Au#horities Various state and 1oca1 public officials have overlapping authorities with regard to p;rotecting p-ublic hea1th and safety. 7'he Govemor, tMe State Baard of Health, the State Secretary of Health, the County Executive, the local Board of Health, the Executive Heads of Cities, and t.ie L1aca1 Health Dfficer each cari implement authorities wi,thin the scope of their ju.risdiction ~ned at protecting public health, including ir~creasing sacial distancing by closi,ng public or private facilities, During a pandemic, the presence of o~erlapping authoriiies vvi11 necessitate close coromunication and caardination between elected leaders and the Local Hea1th Off cer to ensure decisions and respon,se actions are clear and consistent. 1. Governar of Washington State The Govemor has authority to proclaim a state of ernergency after finding that a disaster affects life, hea.lth, praperty, ar the public peace. RCW 43.06.010(12). The Ciovernar rnay assurne direct operational confrol over all or part of loca1 emergency manaclement functions if the disaster is beyond lacal cantrol. RCW 38.52.050. After praclaiming ~ state of emergency, the Govexnor has the authority to restrict public assemb1y, vrder periads of curfew, and prvhibit activities tiat he or she believes shou1d 6e prohibited in arder to maintain 1ife and healti. RCW 43.06.220. 2. State Board of Health The State Board of Health has aut.hority tv adopt rWes ta protect the public health, including rules foX the unposition and use of isal,ation and quarantine and for the preventian an,d control of infeatiaus diseases. RCW 43.20.050(2). Lacal boards of hea1th, health officials, Iaw enforcement officials, and all other officers Qfthe state or any county, city or town shaJ.l enforce all ruies that are adapfied by the State Board of Health. RCW 43.20.450(4). 3. The State Secretary of Heal-fih T'he Secretary afHealth sha11 enforce a111avvs far the prfltectian ofthe public healfh, and all rules, regu.lations, .and +orders of#he State Board of Health. RCW 43.70.130(3). The Secretary also sha11 investigate vutbreaks and epidemics of disease arid advise Loca1 Health Officers about measures F-- to prevent and cantrol outbreaks. RCW 43.70.I30(5). The Secretary shall enforce public health laws rules, regulations and orders in tacal rnatters 65 when there is an emergency and the local board of health has failed to act with sufficient promptness or efficiency, or is unable to act for reasons beyond its control. RCW 43.70.130(4). The secretary has the same authority as local health officers but will not exercise that authority unless: (a) the Local Health Officer fails or is unable to do so; (b) by agreement with the Local Health Officer or local board of health; or (c) when in an emergency the safety of the public health demands it. RCW 43.70.130(7). 4. Health Officer / Spokane Regional Health District The Loca1 Health Officer acts under the direction of the local Board of Health. RCW 70.05.070. The Local Health Officer enforces the public health sta.tutes, rules and regulations of the state and the local Board of Health. RCW 70.05.070(1). The Local Health Officer has the authority to control and prevent the spread of any dangerous, contagious or infectious diseases that may occur within his or her jurisdiction. RCW 70.05.070(3). The Local Health Officer shall, when necessary, conduct investigations and institute disease control measures, including medical examination, testing, counseling, treatment, vaccination, decontamination of persons or animals, isolation, quarantine, and inspection and closure of facilities. WAC 246-100-036(3). The Loca1 Health Officer may initiate involuntary detention for isolation and quarantine of individuals or groups pursuant to provisions of state regulations. WAC 246-100-040 through 070. The Local Health Officer has the authority to carry out steps needed to , verify a diagnosis reported by a health care provider, and to require any person suspected of having a reportable disease or condition to submit to examinations to determine the presence of the disease. The Local Health Officer may also investigate any suspected case of a reporta.ble disease or other condition if necessary, and require notification of additional conditions of public health importance occurring within the jurisdiction. WAC 246-101-505(11). The Local Health Officer shall establish, in consultation with local health care providers, health facilities, emergency management personnel, law enforcement agencies, and other entities deemed necessary, plans, policies, and procedures for instituting emergency measures to prevent the spread of communicable disease. WAC 246-100-036(1). The Local Health Officer may take all necessary actions to protect the public health in the event of a conta.gious disease occurring in a school or day care center. Those actions may include, but are not limited to, closing the affected school, closing other schools, ordering cessation of certain activities, and excluding persons who are infected with the disease. WAC 246-110-020(2). 66 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 8, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business M new business ❑ public hearing ❑ information ❑ adrnin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Requests for Funding - allocations to outside - agencies GOVERNING LEGISLATION: City budgeting practices PREVIOUS COUNCIL ACTION TAKEN: Proposals were requested from outside agencies for 2010 city financial assistance for public services (social services and economic development). Twelve outside agencies presented proposals for 2010 city funding. Individual councilors have submitted suggested amounts for the 12 agencies to Finance Director Ken Thompson (attached). BACKGROUND: The city has been providing partial funding for public services since incorporation in 2003. The proposed budget for 2010 includes $141,000 for this purpose. .Requests for 2010 programs total $237,000. Using the "rounded average" column the total would be $145,650. OPTIONS: 1) fund outside agency services at $145,650 and direct staff to find a reduction in the 2010 budget to offset this increase; 2) reduce the "rounded average" column by $4,650 to equal the budgeted amount for outside agencies; 3) some other approach that would balance the budget. Staff recommends council continue funding outside agencies at $141,000 for 2010. The City Council should decide how to reduce the "rounded average" column by $4,650. RECOMMENDED ACTION OR MOTION: Motion to make the following outside agency funding allocations for 2010: Arts Council: $ Big Brothers/Big Sisters: $ Coalition Resp. Disabled: $ Hearth Homes: $ Meals on Wheels: $ Project Access: $ Spokane Valley Partners: $ Arc of Spokane: $ Greater Spokane, Inc.: $ Center Point: $ Community Minded Television: $ Spokane Valley Chamber of Commerce:$ BUDGET/FINANCIAL IMPACTS: This recommendation has been incorporated into the 2010 city budget and will cost the city $141,000 for these public services. STAFF CONTACT: Ken Thompson, Finance Director l CITY 0 F SPO KAN E VALLEY QUTSiDE AGENCY ALLOGAT~ONS BY COiJNC1L Sep-09 CallNCf LOR--------> 1 Z 3 4 5 6 AVG. ROUNDED AVG AGENCY Arts Council $ 5,000 $ 7,500 $ 7,500 $ 7,500 $ 5,000 $ 4,000 ~ 6,083 $ 6,100 Big Brathers... $ 4,000 $ 7,000 $ 7,500 $ 6,000 $ 5,000 . $ 4,911 $ 4,900 , Coalition Resp. ais. $ 10,000 $ 2,500 $ 2,083 $ 2,100 Wearth Homes $ 7,50(] $ 2,500 $ 1,500 $ 1,917 $ 1,900 Mea1s on 1Nheels $ 6,500 $ 6,500 $ 6,540 $ 6,000 $ 5,000 $ 6,500 $ 6,167 $ 6,200 Projecf Access $ 20,000 $ 21,000 $ 20,000 $ 20,000 $ 20,000 $ Z5,000 $ 21,000 $ 21,000 Spakane Valley Par#, $ 30,000 $ 20,000 $ 35,000 $ 25,000 $ 20,040 $ 35,000 $ 27,540 $ 27,500 Arc af Spokane $ 2,500 $ 500 $ 1,500 $ 750 $ 750 Greater Spakane Inc $ 59,500 $ 64,000 $ 22,000 $ 65,000 $ 60,000 $ 50,000 $ 53,417 $ 53,400 Genter Point $ 1,500 $ 500 $ 1,500 $ 583 $ fiQQ Com. Minded Tele 5pokane Valley Cham $ 16,000 $ 30,000 $ 30,000 $ 20,000 $ 20,000 $ 19,000 $ 21,167 $ 21,200 $141,000 $ 156,000 $ 150,000 $ 149,500 $ 136,000 $ 141,000 $ 145,583 $ 145,650 1 Eacceeds budget 9 1 1 2 1 2 Untler'budget Dne councilor did not vate because of a potential conflict of interest CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 9-8-09 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business Eg new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: . Motion Consideration: Mayoral Appointments to Wastewater Policy Advisory Board GOVERNING LEGISLATION: "Interlocal Cooperation Agreement between the City of Spokane Valley, Washington, and Spokane County, Washington, Regarding Regional Wastewater Management;" approved by Spokane Valley City Council at its July 21, 2009 meeting. (See attached interlocal, page 5, Section 2.7 (b). PREVIOUS COUNCIL ACTION TAKEN: Council approved the Interlocal at the July 21, 2009 Spokane Valley Council meeting. BACKGROUND: Section 2.7.(b) of the Interlocal states that the City and County shall form a five-member Policy Advisory Board comprised of two City elected representatives, two County Commissioners, and one member selected by the four appointed members. The charge to the Board is to review and make a recommendation on the Annual Budget and proposed Charges, giving due consideration to all covenants in the resolution authorizing the County Bonds; provided that such recommendation shall at all times comply with the provisions of the resolution authorizing the County Bonds. The purpose and function of the Policy Advisory Board shall be to create a forum for discussion between the City and the County concerning the System and to create a body to which information concerning the System can be provided. The appointed representatives shall serve without compensation and the Board shall have no independent decision-making authority. Mayor Munson intends to appoint himself and Deputy Mayor Denenny to this position. OPTIONS: Council discretion. RECOMMENDED ACTION OR MOTION: Move to confirm the mayoral appointment of Mayor Munson and Deputy Mayor Denenny to the Policy Advisory Board for a term of four years or at such time as either such elected official ceases to be an elected official. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: Copy of final, signed Interlocal. 0 INTERLOCAL COOPERATION AGREEMENT BETWEEN . . . THE CITY OF SPOKANE vALLEY, WASHINGTON, AND SPOKANE COUNTY, WASHINGTON, REG.A.1tUING REGIONAL WASTEWATER MANAGEMENT . THIS AGREEMENT is entered into on t,his 21 st day of July, 2009, by and between the City of Spolcane Valley and Spolcane County. RECZTALS WHEREAS, Spokane County, a class A county duly organized an.d existing under and by virtue of the Iaws of the state of Washington (the "County") provides wastewater collection, handling, treatment, and disposal within fhe unincorporated areas of the County, the City of Millwood, certain properties in the City of Liberty Lake, certain properties in the City. of Spokane, and the City of Spokane Valley (the "City") (all areas together, the "Region"); . - WHEREAS, the Region is faced with serious wastewater collection, management, treatment, and disposal issues, including an increasing volume of wastewater that will exceed the capacity of the existing wastewater system in less than five years; VVHEREAS, the City and County are vitally concerned about the increasing volume of wastewater and desire to construct, maintairi and operate a new water reclamation facility to properly treat and dispose the increasing volume of wastewater; . WHEREAS, the City and County have woxlced together since the City's incorporation to develop and construct wastewater collection, treahnent and disposal facilities; WHEREAS, as a result of the City an.d County's efforts, the County has entered into an agreement with CH2M HILL Consfiructors, Znc., to design, construct and operate the Spolcane County Regional Water Reclamation Facility (the "Facility") for wastewater treatment and production of reclaimed water which will serve all persons within the Region; WHEREAS, the County -will sell a significant amount of wastewater revenue bonds to finance the design and construction of the Facility; - WHEREAS, the City and County have been advised that this Agreement evidencing the Cxty's support of the financing, design, construction and operation of the Facility will result in lower interest rates on the. wastewatEr revenue bonds than if such Agreement was not entered into; WHEREAS, the City desires to support the financing, design, construction, and operation of the Facility in order to meet the wastewater needs within the boundaries of the City; Go9 - ~ ~ S WHII?REAS, it is the intent of this Agreement to evidence the City's support for the Facility and the financing of the Costs of the Facility; WH-ERE.A.S, the City and the County are authorized by chapter 39.34 RCW to enter into agrcemcnts with each other for cooperative action, such as planning, construction, owning, financing, managing and opexating wastewater facilities; WHEREAS, the afoxementioned recitals are found to be true and correct findings of fact; and WHEREAS, the City and County hereby find and determine that this Agreement is mutually fair and advantageous to the City and County; NOW, THEREFORE, between the parties hexeto, the City and County, IT IS HEREBY AGREED AS FOLLOWS : , ARTICLE I . DEFINITYONS As used in th.is Agreernent, the following words, unless the context othenvise dictates, have the following meani.ngs: - . • I Agreement means this Tnterlocal. Cooperation Agreement beriween the City and the County and pertains solely to those matters contained herein. , Annical Budget means the System budget for a fiscal yeax, as adopted or amended by the County. ChaYges means the fees, rates, and charges charged to the Users and collected by the County Nvith respect to the SystEm, as the same are hereina#ter determined or later modified. . Cily means the City of Spokane Valley, `'Vashington, a code city of tb:e statc of `1Vashington. . Costs of Maintenance and OpeYatiort means the County's expenses for operation, maintenance, repairs and ordinary renewals and replacements necessary for the operation of the System and includes, without limitation, administxative expenses, insurance premiums, legal and engineer.ing expenses, consulting and technical expenses, payments to pension, retirement, health and hospitalization funds, annual charges payable by the County pursuant to any lice-nses; permits, orders or other authorizations from any agency or regulatory body having lawful jurisdiction, any taxes (excluding discretionary taxes imposed on the System by the County), govezn;menta.I charges and other expenses required to be paid by the County to the extent properly and directly attributable to the operation of the System and costs of transfexs or exchanges of the County Bonds. Costs of Maintenance and Operation do not include debt service payments or any provision for depreciation, amortization or similar charges, or any costs or expenses for new construcfion or reconstruction other than the costs of resforing any part of the System to be paid from Charges or any deposits into the County Wastewatez Fund. -2- Costs of the Facility means, with respect to any part of the Facility, the costs, expenses and liabilities paid or incurred or -to be paid or incuned in connection with the planning, engineering, designing, acquiring, constructing, installing, operating, maintaining, financing or disposing of sucll part of the Facilifiy, including all costs incurred in connecting the Facility to any interceptor pipelines; and the obtaining of all governmental approvals, certificates, permits and licenses with respect thereto, including, without limitation, the costs relating to any eminent domain or condemnation expenses incurxed in corulection with the Facility by the County, and debt service on any evidence of indebtedness of the County issued to finance any of the foregoing. . Costs of the System means, with respect to any part of the System, the costs, expenses and liabilities paid or i.ncurred or to be paid or incurred in connection with the planning, engineering, designing, acquiring, constructing, installing, operating, maintaini.ng, financing, or disposal of such part of the System, and the obtaining of all governmental approvals, certificates, permits, and licenses with respect thereto, including without limitation, the costs relating to any eminent domain or condemnation expenses incurred in connection with the System by the County, and debt service on any evidence of indebtedness of the County issued to finance any of the foregoing. County means Spokane County, Washington, a class A county of the state of Washington. . CountyBonds means the "Spolcane County Wastewater Revenue Bonds, Series 2009,"' or such other designation as the County decides at the time of issuance, to be issued to finance all or a portion of the Costs of the Facility. County Bonds shall also include addinonal bonds issued to pay the costs of completing the Facility and related water reuse/reclamation projects in the principal amount not to exceed $60,000,000. A11 Counfiy Bonds shall mature no later than 2031. Facility means the Spokane County Regional Wastewater Reclamation Facility comprised of all property, real or personal, tangible or intangible, that is now owned or hereafter acquired by the County and is used or usefiil by the County: (i) in connection with the transport of untreated wasfiewater generated withi.n. the Region from the interceptor sewers to the treatment plant, (ii) in connection with the treatment of the wastewater and generation of reclaimed water, and (iii) in connection with disposal, and reuse of reclaimed water. ' Region means the boundaries of the unincorporated area of the County together with the boundaries of the City, the City of Millwood, certain properties in the City of Spokane, and certain properties in the City of Liberty Lake, that rely on the System for wastewater service. System means the Facility and all sewage collection system, pumping stations, force mains, interceptors, wastewater system properties, real and personal, tangible and intangible, now existing, or hereafter acquired or constructed by the County, and which are used in connection with the Facility for the purposes of wastewater collection, transport, treatment, disposal, and reuse. For puxposes of this Agreement, System does not include the wastewater improvements located in the Northern portion of the County nor the County's share of its capacity in the Ri.vexside Parlc R.eclamation Facility. • UseYS mean all persons, entities, or municipalities within the Region connected to the -3- i wastewater. system utilizing the System for collection, handling, treainient, disposal, and reuse of wastewater. ARTZCLE H COUPERATIVE PR.[}.TECT Section 2.1. Purpose of this Agreemeiat, - The purpase of tMs Agreement is to set forth certain agreements bemeen the City and the County relating to the use of #.he System for the collection, rnanage,ment, tzansport, handling, tr`~~tment, disposal and reuse of was#ewater within the Regton. - Section 2.2. Cvoperative Nature of the System, The City and Caunty 'hereby- recognize the regionaX natuxe of the challengos related to wastowatox management, and the jaeccssity af aregional SDilltlon. To achieve a beneficial regional solutian to bath the City and Cou.n,ty, the City and Coun,ty hereby declare their combined support of the p1anning, financtng, cGnstx-uetion, managing an,d operatian af the Systom, ail as mare particularly described below. Section 2.3, Ownership of Systern. - , The System shall be owned arrd managed by the County. - Section 2.4. Fi~tancing. . xhe Caunt}f sha11 issue the Caunty Bvn,ds to #inance the Facility. Tho City and, the Caunty hereby agree and declaTe that sufficient revenues rnust br, generated thrau,gh the Charges . -to properly pay the Costs of Maintenance amd Operation and ta pay the prinoipa1 and interest on t.he Cotinty Bonds. Notwithstandi-tig anything in this Agreemezxt to the contrary, tlae -City slia11 not 6e respoxasible for paying principal of or -interest on the County Bonds at any time. Section 2.5. Cb.arges. ' (a) A necessary element vf achieving aregional vvastewater so1ution is fwding -the cost of construckian vf the Faciiity. Pursuant to this Agreement, the Cou.nfy> thraugh the use of the Systern, wi11 provide wastewater callection, handling, treatrnent, disposal and, reuse services and callect Charges within the Region. In recognitio,n nf the foregoing, the Cxty hexeby agrces tha.t the City will n,ot create any cornpeting wastewater - utility or competing system for the pu.rposes of providing wasteufatez services to Users within the City so long as the County Bonds are outstanding; provided, nathing hexein shal1 prevent the City from providing alternative service to a N'ew User (hereinafter defi.rit~d) pursuant t0 Section 3.2(d) or terminating this A.greement pursuant ta Section 3.2(e),' (b) This .A.greement wzll not prevent the Cify andlar County from imposing - such fees, utility taxes and averhead charges on the TJsers to the extent autharizc~d by iaw. , -4- ~ SeCtlan 2.6, ChaTg'eS and BUdgetS■ (a) The County shal1 prepaye an Annixal Budget for the Systern, taking intv considerativn comments fram tlie Policy Advisary Baard (bereinafter defned), at the same time the Caunty prepaxes its general bud~et. (b) The Annua1 Budget far the Systenrx shal,l establish operating revenues, , expenses, and reserves that are sufficient to meet tlie cavenants in tht: xesolution authorizing the County 13ands. . (c) Cha:rges for wastewater servi,ce shaU be unifonm for the same class of service, provided t.hat addxtional fees, taxes, or overhead charges znay be imposed by the City withan the City's laarders vx by the County within the unincorporated area of the Caunty to the extent authorized by 1aw. Sectinn 2.7. Managemenf. (a) The Caunty shaXl aperate the Systern and shall be re.sponsible far malcing- all operational and policy decisions, The Caunty shall be resgonsib]e far all contract and no-n-cazxtract empXayees af the System. The Counfy may contract fo-r any t}xxrd-pa-rty to -operate the Systern. - (b) The City and County- shall farm a five-rnember Policy Advisory BaaTd . {the "Talicy A.dv,xsary Doaxd"~, camprised of two City elected reprosentatives, tvvo Co-unty Commissianers and ane member selecteci by th.e ~ou-r appointed members. The term of each appaintrnent sha11 he for faur years or a# such ti.me as any such eleeted official ceases ta -he an elected afficiat. The PQlicy Advisor-y Board shall rev,i,ew an,d xnalcc a recommendation on the Annua1 Budget and proposed Charges, giv,ing due consxdera.txozx ta all covenants in the resolution authorizing the Caunty Bonds; provided, however, that such recornmendation sha1l at all txmes coznp;~y wi#h th~ provisions of -the resalution authorizing the Co-tinty Bonds. The p-urpase and function af the Poli~y Advisory Board shall be to create a farxm for discussion between tkze City and, the Caunty concerning the System, and ta create a body ta w'hich infarrnation concerm'ng th~ System oau b~ provided. The City and the County sha1l each ap,pQint their represQntatives, who shall serve without additrona1 compensation. Thu ifth member of the Polxcy Advxsory Soard shall also serve withaut compensation. xhe Policy Advisary . ;Boaxd sha1l have no independen# decisian-malcing authority. The County sha11 provide a statement af System incoxrae atid expense~ (Coxnbi,ned Annual Financial Report) to the Policy Advisary $oard at the end of eacli fiscal year or~on such other periodie basis agreed upon by the City and the Cou-nty. The Policy Adva.sory BQard, shal~ meet at 1east o-nce each cale,n.daur year tn revxew the draft annual budget far the Systern, or nn such other periodic basis agxeed upnn by the members fo xeview polxcy rnatters pertaining to the System. Add~itianally, the Policy Advisory Board sba1l zneet to review any praposal ta ohange Charges applzed to the Users of the 5ystern. The Caunty shal], cause an operational status report fo.T the System to be made at snch meeting ofthe Policy Advisoary Baard. _ -5- The failure of the Policy Advisory Board to meet as providcd in this section shall - not invalidate this Agreement. • ARTICLE IH MISCELLANEOUS Section 3.1. Amendment of this Agreement. Amendment of this Agreement may be made only by written agreement of the City and the County. Section 3.2. Duration and Termination of this Agreement. (a) The System is a regional system for the collection, transport, treatment, management aud disposal and reuse of wastewatex and is to be operated pursuant to this . Agreement. Neither the Gity nor the County may use the System to the exclusion of the oiher, except as otherwise provided in this Agreement. (b) 'Z'his Agreement sha11 be in effect until th.e County Bonds have been paid in full or defeased, whether by early redemption, refunding of the Cotlnty Bonds or otherwise, and in no event shall the term of this Agreement be longer than the tenn of the , County Bonds or 7anuary 1, 2031, whichever occuxs first. (c) Except as otherwise provided herein, this Agreement may be terminated . , early only by mutual agreement of the City and the County. (d) In the event a new User located within the boundaxies of the City desires to connect to. the System after the date of this Agreement and the System cannot provide wastewater collection, disposal and treatment services to such new User, or in the event an existing User located within the boundaries of the City desires to expand its operations, thereby increaszng its usage, and the Systein cannot provide wasteivater collecfiion, disposal and treatrrient services to such expanded User (such impacted Users in each case referred to as a"New User") within a period of 6 months, the City may seek to provide wastewater collection, disposal and treatment sexvices to the New User by whatever means the City desires; provided, nothing in this section shall invalidate this Agreement nor the rights and obligations of the parties hereunder wifih respect to the Users, imposition and collection of Chaxges and the County Bonds. (e) Notwifihstanding the foregoing, in the event the County fails to serve the . existing Users withi.n the City, and such failure cannot be cured within 180 calendar days, the City may terminate this Agreement. Section 3.3. R.egionalization of Wastewater Management. Notlung in this Agreement shall preclude the City and/or Cotuaty from participating in efforts to form a regional wastewater utility, provided that if a regional wastewater utility is fozmed all outstanding County Bonds shall be assumed, defeased or paid by such regional wastewater utility. . -6- Section 3.4 Organization of Separate Entity aad its Powers. No new ox separate legal entity is created to administer the provisions of this Agreement. However a Policy Advisory Board is formed having certain responsibilities as set forth in Secnon 2.7 above. Section 3.5 Property Upon Termination. Upon termination of this Agreement, the System shall be owned and managed by the County. Section 3.6 Dispute Resolution. Any dispute between the City and County regarding this Agreement which cannot be resolved between the City and County shall be subject to non binding mediation. Such dispute . shall first bc reduced to writing and considered by the City Manager and County Chief Executive Officer. If the City and County Chief Executive Officer cannot resolve the dispute it will be submitted to a mediation panel. The City and the County shall have the right to designate one pexson each to act as a mediator. The two selected mediators shall then jointly select a third mediator. The decision of the mediation panel sha11 not be binding on the parties; provided, however, such mediation shall be a condition precedent to any additional legal action. The costs of the med:iation panel shall be equally split between the parties. Section 3.7 No Abrogation. Nothing in this Agreement is intended to limit or abrogate the parties' existing rights or - obligations under existing law. Section 3.8. Waiver. - - No officer, employee, agent or othemlise of the City or the County has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agreement. shall be held to be awaiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be talcen and construed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of the City oz the County to enforce at an.y time any of the provisions of this Agreement, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this Agreement or any part hereof, or the right of the City andlor the County to hereafter enforce each and every such provision. -7- Section 3.9. Headings. The section headings in this Agreement have been inserted solely for the purpose of conveluence and ready reference. In no way do they purport to, and shall not be deemed to, limit or extend the scope or intent of the sections to which they appertain. Section 3.10. All VVritings Contained Herein. This Agreement contains all of the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The parties have read and understand all of the provisions of this Agreement, and now state that no rcpresentation, promise, or agreement not expressed in this Agreement has been made to induce the parties to execute the same. Sectian 3.11. Filing of this Agreement. The County sha11 file this Agreement with the County Clerk, County Auditor and S ecretary of State, with a copy of such filings to the City Clerlc. Section 3.12. Severability. In the event any proviaion of fhis Agreement shall be declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. . Section 3.13. Effective Date. This Agreement shall become effective irnmediately after it is duly adopted by the Cifiy Council and the Board of County Commissioners of the County. [Remaindey of this page intentionally left blank.] -8- . 1N WITNESS each.of the parties has executed thi s ,Agreement by their duly authorzzed officxals. DATED as ofthis 21st day a£July, 2009. SPDKANE COLTNTY, WASE[rNGTON , - Tod Iielke, Chair ~ • ~ Mark Richard; Vice-C 'r onnie Magerj Commissianer ` Y ~ J Daniela Erickson, Clexk of the Boarrd of Cauniy Cornmissioners (SEAL) o-I Marshall R. FamelX, Chief Executive Officer APPRO 'ED► ~S To DRM: ~ 01-L~*Chie ivil Deputy ~ ~ecuting Attazney DATED as of th.is 21 st day o£ ,Tuly, 2009. CITY OF SPOKANE VALLEY Spolcane County, Washington ~ David R.1VIercier, City Manager A _ ! A ~17~'i5 BaiAbxlC~~~~ Clerk ~ . • CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 8, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business 9 new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration - 2009 Federal Call for Projects GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Resolution 09-009 adopting the 2010-2015 Six Year Transportation Improvement Program (TIP); Admin Report at September 1 Study Session BACKGROUND: As required by state law staff prepares a Six Year TIP each year for public review and adoption by council. The Six Year TIP plans for the improvement of the city's transportation network as grant funding opportunities become available. On July 16, 2009 the Spokane Regional Transportation Council (SRTC) issued a 2009 Call for Projects for allocation of Surface Transportation Program (STP) funding for the years 2011- 2012. This call for projects is based on the current direction by Congress to pass an 18 month extension to the federal transportation bill SAFETEA-LU. A target of $10 million in STP funding is expected to be available for the Spokane region. Project applications are due Monday, September 14, 2009. Since the call for projects was announced staff has been evaluating the STP grant criteria and working to identify projects that will have the highest potential to receive funding. We have reviewed the adopted 2010-2015 Six Year TIP, the Pavement Management Program, recent results from a structural anaiysis of several city arterials, and several other elements of the city's transportation network. Based on this review staff has come up with the following preliminary list of projects for - submitting to SRTC for the 2009 Call for Projects. Preservation Projects: 1. 32"d Avenue Resurfacing - Dishman Mica Road to SR-27 ($2.25 Million) 2. University Avenue Overlay - 8th Avenue to Dishman Mica Road ($2.30 Million) Reconstruction Projects: 1. Broadway/Argonne & Broadway/Mullan Concrete Intersections ($1.51 Million) 2. Sullivan/Euclid Concrete Intersection ($1.44 Million) Improvement Projects: 1. Mission Avenue Improvement - Flora Road to Barker Road ($4.98 Million) 2. Mansfield Avenue Extension - Pines Road to Mansfield Avenue ($2.1 Million) Approval of a project list is required by council in order to meet the application deadline of Monday, September 14. OPTIONS: 1) Approval of proposed project list; 2) Revise project list; 3) provide additional direction to staff RECOMMENDED ACTION OR MOTION: Move to approve the list of projects as presented for the 2009 Federal Call for Projects and authorize the Mayor to sign the Project Certifications for each project funding application. BUDGET/FINANCIAL IMPACTS: The city's match on federally funded projects is typically 13.5% of the total project cost. STAFF CONTACT: Steve M. Worley, PE - Senior Capital Projects Engineer Neil Kersten, AIA - Public Works Director ATTACHMENTS Q'fY Oy~ S o~~00^%MMMth .~.e p ....00Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallCspokanevalley.org _ demorandum To: David Mercier and City Council From: Mike Basinger, AICP - Senior Planner CC: Mike Jackson, Kathy McClung Date: September 2, 2009 Re: Request for Affordable Housing provisions BACKGROUND The City of Spokane Valley adopted the Comprehensive Plan in 2006. The Comprehensive Plan establishes the policy framework for affordable housing provisions in the Spokane Valley Municipal Code (SVMC). Currently, the SVMC does not include affordable housing provisions. On July 23, 2009, the City received an application for an amendment to the SVMC to provide density bonus incentives for developments that include an affordable housing component in the Multifamily Medium • Density Residential District (MF-1) and the Multifamily High Density Residential District (MF-2). PROCESS Title 17.80.150 of the SVMC allows amendments to the zoning regulations. The code specifies, after submittal, that the application shall be placed on the next available planning commission agenda. Please refer to the following table outlining the proposed text amendments application processing to date. A g Sept Oct Application determined complete 6u' CTED Notification (60-days prior to adoption) 28"' SEPA Determination (DNS) 4"' Planning Commission public hearing 20' City Council administrative report 6`" City Council lst reading 13th City Council 2nd reading 27u' City staff is currently working with the applicant and the housing authority to develop language consisterit with the goals and policies in the Comprehensive Plan and the housing authority's obj ectives for affordability. Please let me know if you have any questions or require clarifications.