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2018, 10-02 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, October 2, 2018 6:00 p.m. CITY HALL COUNCIL CHAMBERS 10210 E Sprague Avenue (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL CALL TO ORDER ROLL CALL: 1. Kelly Shea, East Valley School District Superintendent East Valley School District Capital Needs 2. Lori Barlow, Jenny Nickerson, Duplex Density Discussion John Hohman 3. Chelsie Taylor Budget Amendment, 2018 4. Chris Bainbridge Governance Manual 5. Mayor Higgins Advance Agenda 6. Mayor Higgins Council Comments 7. Mark Calhoun City Manager Comments ADJOURN Study Session Agenda, October 2, 2018 Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 2, 2018 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: East Valley School District Capital Needs GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: At Council's invitation, East Valley School Superintendent Kelly Shea will give an update on the school's capital needs. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: ATTACHMENTS: PowerPoint City of Spokane Valley City Council Tuesday, October 2, 2018 Identified Needs For Safety, Security, and Infrastructure Improvements Purpose: Identifying Capital Needs For: Safety and Security Improvements High School/Middle School Field Relocation Building Improvements Safety and Security Improvements ► Interior Deadbolts ► Secured, Single Point of Entry ► Integrated Communication, Bell, Alarm, Clock System ► Security Cameras Secured Exterior Doors and Notification System ► Emergency Lockdown Buttons Field Relocation Parking Lot (Trentwood) Gym Dividers (Elementary Schools) Building Improvements HVAC Systems (Heating, Ventilation, Air Conditioning) CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 2, 2018 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report AGENDA ITEM TITLE: Duplex Density Issues GOVERNING LEGISLATION: SVMC 19.40.060; SVMC 19.60.050; SVMC 19.65.130; and SVMC 19.70.020 PREVIOUS ACTION TAKEN: Admin Report: May 15, 2018 BACKGROUND: Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session In response to a request from Council, on May 15, 2018 staff provided an overview of the duplex development regulations in the residential zones. At that meeting, staff stated that a review of the density regulations was being performed and that more information would be brought to City Council at a future meeting. Staff has reviewed recent plat activity to determine if the density has been exceeded with the construction of single family dwellings or duplexes. It has been found that in two specific instances duplex development has resulted in the maximum density of 6 dwelling units per acre to be exceeded by one dwelling unit. A memo has been provided that highlights the issues. Staff will present an overview of the density issues for discussion. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Lori Barlow, AICP, Senior Planner Jenny Nickerson, Building Official John Hohman, Deputy City Manager ATTACHMENT: September 26, 2018 Memo with attachments 0•0"\ft. Spokane 400..F Valley Me Community and Public Works Department 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 ! Fax: (509) 720-5075 ♦ www.spokanevalley.org orandum Date: September 26, 2018 To: John Hohman, Deputy City Manager From: Lori Barlow, AICP, Senior Planner Subject:Density Issues Associated with Land Division Recent changes were made to the Development Regulations that were intended to increase opportunity for infill development. A review of the regulations in 2016 identified that 7,500 square foot minimum I'ot size was a barrier to infill development. In previous years the city processed many rezone applications to reduce the minimum lot size from 7,500 square feet down to 6,000 square feet. The rezones were approved as the requests were consistent with the Comprehensive Plan. The 3-4 month rezone process was delaying development unnecessarily as the rezones would ultimately be approved. Analysis showed that reducing the minimum lot size to 5,000 square feet would allow more flexibility to develop Tots within the irregular shaped parcels. Residential development in the R-3 zone is limited to a density of 6 dwelling units per acre of lot area (6 du/ac). The current development regulations associated with the R-3 zone allow for both single family dwelling and duplex dwelling development on individual lots. A minimum of 5000 square feet of lot area is required per dwelling unit (DU) for a total of 10,000 square feet of lot area required for a duplex. Within this memo are examples and further explanation as to how the density limitation described above has been, and could be, exceeded by duplex development. Spokane Valley residents have expressed concerns related to negative impacts to neighborhoods resulting from duplex development in the R-3 zone which has the potential to exceed the maximum allowed density. Generally, the concerns focus on decreased property values and the effects of rental properties to the owner -occupied dwellings in the neighborhoods. The current zoning regulations do not distinguish between owner -occupied and rental properties but do stipulate a maximum density allowed in all residential zones (see Table 1). Maximum Table 1 Density and Minimum Lot Size by Residential Zoning District R-1 R-2 R-3 MFR Maximum Density 1 du/ac 4 du/ac 6 du/ac 22 du/ac Minimum Lot Size 40,000 sq. ft. 10,000 sq. ft. 5,000 sq. ft 2,000 sq. ft. Duplex Minimum Lot Size N/A N/A 10,000 sq. ft. 4, 000 sq. ft. Duplex development has been increasing over the past five years. A recent review of the building permits issued for single family dwellings compared to duplex building permits has shown a steady Page 1 increase since 2013 of duplex construction. A comparison of duplex development between City of Spokane Valley, Spokane County and City of Spokane permits noted that the City of Spokane has experienced an increase in duplex permitting from 2017 to 2018, but that Spokane County has experienced a steady decline in duplex development since 2015. Figure 1 highlights the comparison of duplex development by jurisdiction. Figure .1 The density regulation is primarily implemented during the land division process. Prior to Comparision of Duplex Permits submitting a short plat or subdivision application the property is reviewed to 100 determine the maximum number of lots that 80 can be created for residential development. 60 This occurs very simply with the following 40 formula: Density X Acres = Number of lots allowed. In an R-3 zone example with an 20 allowed density of 6 du/ac on a parcel that is .5 2013-2018 (April) 0 acres in size, 3 lots would be allowed (6 DU's X .5 acres = 3 lots). After the lots are established, Spokane Valley Spokane Spokane County the lot size is reviewed at the time of a building permit application to determine that the minimum area is provided, corresponding with the proposed use, which is either a single family residence or duplex ( See Table 1 for Minimum Lot Size). In 2018 staff conducted a review of platting activities that had occurred subsequent to the 2016 Comprehensive Plan and Development Regulation update. The review period was January 2017 through April 2018. The review noted that during that time -frame the city had received 42 subdivision applications, (32 short subdivision applications and 10 long subdivision applications); eight of those plats had been recorded with the Spokane County Assessor's Office; and according to a review of building permits five of the plats were either developed or currently under development. The final item noted that two of the five plats had exceeded the maximum density allowed through the development of duplexes, rather than development of single family dwellings (See Table 2). 2013 2014 2015 2016 2017 2018 Table 2 Number of Dwelling Units Allowed and Built By Plat File No. Plat Size (in Acres) Number of Lots. Approved Maximum Dwelling Units Allowed Number of Dwelling Units Built SHP-2017-0005 .56 2 3 2 SHP-2017-0008 .29 2 2 2 SHP-2017-0010 1.65 6 10 11 SHP-2017-0016 .98 2 6 2 SHP-2017-0018 .79 3 5 6 Note: See attached plats for detail. A review of SHP-2017-0010 and 0018, the two plats which exceeded the density through development, indicates that all the lots created were greater than 10,000 square feet, which is the minimum lot size Page 2 required for a duplex in the R-3 zone. The physical development of the lots determined the density at build -out, and in each case the development exceeded the density by one DU. The concern is that the discrepancy between lot development and build out has become a "loop hole" for development to squeeze in additional dwellings. While the density has been exceeded by one DU in two occasions, it is not clear beyond the snap shot of time reviewed, how frequent this will occur. Other jurisdictions: Discussions with Spokane County staff indicate that the same situation occasionally occurs within County Plats, but this is not a major concern for them. In fact, as part of the County's Comprehensive Plan Update process staff has reviewed their Development Regulations to identify barriers to infill opportunities and noted that their 6 du/ac maximum density, large lot sizes, and lot standards are inhibiting infill and affordable housing opportunities. County staffs alternatives, currently under consideration by the Planning Commission and potentially focus groups, includes increasing the density from 6 du/ac, up to 8 du/ac, and allowing a bonus density up to 10 du/ac for duplex and row housing; decreasing the lot size in the Low Density Residential Zone from 5,000 square feet to 4,000 square feet; and reducing lot width requirements. Spokane County's Draft Infill Development Options report is attached for your information. Conversations with City of Spokane (COS) staff indicates that duplex development exceeding density requirements is not a concern as duplexes are only allowed in zones with a density of 10 units and greater. For information the COS minimum lot size requirements are 2,900 or 4,200 square feet depending on the zone. Possible Solutions for Discussion: The concerns identified by the neighborhood were considered in conjunction with the Comprehensive Plan goals and policies. The following discussion highlights three options that affect duplex development through dedication language, density increases or lot sizes increases or decreases. The options could be used to either limit duplex development or eliminate the density conflict. Plat Language Dedication language could be placed on the recorded plat that stipulates which lots could be developed with duplexes, or generally identifies that the density couldn't be exceeded at the time of development. The concern with this approach is that if development regulations change in the future, the dedication language remains a controlling factor that can only be changed by a Plat Alteration process. This could be a costly and time intensive process for a developer depending on a variety of circumstances. Additionally, buyers may be unaware of a density limitation when purchasing the lot, and find out after the investment has been made, that although the lot meets the minimum area requirement for a duplex, the density limits have been reached by the previous development on the lots within the plat. County staff indicated that dedication language has been used as a means to ensure compliance with the density limits, but noted instances where the density has been exceeded as the dedication language was overlooked at the time of permit application, when the reviewers only considered the lot size. The point being dedication language increases the opportunity for error as it may conflict with the development regulations. Page 3 Density The current maximum density is 6 du/ac in the R-3 zone. However, the minimum lot size of 5,000 square feet allows for a density of 8 du/ac to be achieved. This is also true when applying the duplex minimum lot size of 10,000 square feet. Generally 8 du/ac is not achievable as many factors influence the design of the lots that include providing right-of-way, irregular parcel boundaries, existing development or natural features, etc.. The density forces all, or some of the lots to be larger in order to stay within the density limits. This could contribute to the higher cost to develop housing and may conflict with goals and policies within the comprehensive plan to increase opportunities for affordable housing. The density limit could be increased to 8 du/ac which would eliminate the conflict. If the density limit were increased, it would allow the development community to take full advantage of the 5,000 square foot lot size and support infill development. The density limit is identified within the Municipal Code, and not in the Comprehensive Plan. Consequently the process to consider this would only require a Code Text Amendment and not a Comprehensive Plan Amendment. Lot Size Lot size for a duplex is twice the area for a single family detached dwelling (2 X 5,000 sq. ft. = 10,000 sf. ft.) Increasing the lot size for a duplex has been mentioned to eliminate duplex development from exceeding the density. However, increasing the lot size above that of a single family detached dwelling will likely act as a deterrent to duplex development as developers would be able to develop more single family lots than duplex lots. This would conflict with the Comprehensive Plan Goals and Policies that direct the regulations to provide opportunities for affordable housing. Often lot sizes for duplexes are less than twice the area for a single family detached lot as it considers the elimination of the setback area (typically a 5' setback from side yard property line) between the two structures due to the common wall. All the other dimensional standards remain the same to ensure that the duplexes are consistent with the scale of development typical of single family neighborhoods. Other mechanisms may be utilized by other jurisdictions but at this time further research is required. Council Alternatives for Discussion: Before pursuing this matter, staff is requesting direction to determine if further information is desired, and/or if City Council would like the topic to be discussed by the Planning Commission. The City Council may want to consider the following action alternatives: 1. Direct the Planning Commission to review the topic and provide a recommendation through the public review process; 2. Monitor the Spokane County Comprehensive Plan Update process to keep informed of the modifications to their development regulations while continuing to review development trends within the City of Spokane Valley. Staff would report back at a future City Council Meeting; 3. Consider other action, which may include taking no action, Attachments: 1. Spokane County Infill Report 2. Recorded Plats 2017- April 2018 Page 4 Draft, Subject to Change 6-6-18 Infill Development Options Low Density Residential Zones As part of Spokane County's Comprehensive Pian Update, the Department of Building and Planning is considering options to increase opportunities for infill development within the Urban Growth Area. The objective is to provide more opportunities for diverse housing types and increase housing affordability. This effort identifies barriers to certain types of residential development and provides policy and regulatory changes to increase infill opportunities. The proposed changes will affect those areas within the unincorporated Urban Growth Area that are zoned Low Density Residential. The initial review for this project was predicated on concerns within the development community that it is often difficult to develop single family residences in certain areas within the UGA. Many of these areas contain smaller parcels within established neighborhoods, which because of location and economic limitations makes development of traditional subdivisions difficult and less profitable to the point that they become unfeasible. Review and discussion has identified barriers to development including: • Lot Standards Lot standards includes dimensional requirements for lot size, setbacks, frontage and lot coverage. The standards can impede development of infill and affordable housing by limiting smaller lot compact development. Proposed Revisions Lot standard are revised to allow greater flexibility and promote infill development. • Density The current maximum density of 6 units per acre in the LDR zones can hinder infill development, especially in older neighborhoods. In some established residential areas, the sales price for a new single-family home may not provide enough revenue to make the development feasible. Higher density housing may allow development to meet this profitability threshold. Proposed Revisions Increase the maximum density to 8 units per acre in the Low Density Residential Zone. Bonus density would allow projects to increase to 10 units per acre for certain infill projects such as row housing and duplex housing. • Row Housing Row housing, which provides the opportunity for higher density development, is currently only allowed through a Planned Unit Development (PUD). The PUD process is more complex than a traditional subdivision, requiring additional design components and a lengthier process. While the PUD process has been successful for certain developments, it is seldom used. Spokane County Comprehensive Plan Update 1 Draft, Subject to Change 6-6-18 Proposed Revisions Increase the maximum density to 8 units per acre. Additionally, allow subdivisions to increase to 10 units per acre for certain infill projects such as row housing and duplex housing and providing standards to reduce impacts to existing neighborhoods. • Duplex Development Duplex development, which can provide affordable housing in the UGA, is hindered by development standards that require large lot areas and preclude the development of vertical stacked duplex units where each dwelling unit is on a separate floor. Proposed Revisions Revise the definition of duplex to allow stacked units. Reduce lot area requirements for a duplex to the same lot area requirement for a single-family home. Provide a bonus density for duplexes located on corner lots where the duplex can be designed to resemble a single-family dwelling unit when viewed from the street. • Bonus Density Bonus density, which is supported by Comprehensive Plan policies, is only available in the LDR zone through planned unit developments. Providing bonus density for infill development may increase options for affordable housing in the UGA. Proposed Revisions Provide bonus density provisions for infill development including row housing and certain types of compatible duplex housing. Bonus density will allow a maximum of 10 units per acre. • Small Scale Triplex and Fourplex Development Small scale triplex and fourplex development can provide infill opportunities on sites that are difficult to develop with traditional single-family development. These areas may include isolated, smaller vacant parcels where property values make construction of new single-family homes unfeasible. Providing this opportunity while limiting density to a maximum of 10 units per acre can provide affordable housing opportunities within the urban growth area. Proposed Revisions Allow infill with triplex and fourplex units with bonus density to a maximum of 10 units per acre. Include development standards to lessen impacts to adjacent single-family development. Spokane County Comprehensive Plan Update 2 Draft, Subject to Change 6-6-18 Proposed Amendments to the Comprehensive Plan Additional wording underlined Deleted wording Wigh Page UL -1, Comprehensive Plan Urban Land Use Categories Residential Categories Three separate categories for residential use are established, ranging from low to high density. Low density residential includes a density range of 1 to and including & 8 dwelling units per acre. Bonus density in the low density residential category may allow an increase to 10 dwelling units per acre for qualifying infill projects. iliMedium density residential includes a range of greater than 6 to and including 15 dwelling units per acre and high density residential shall be greater than 15 dwelling units per acre. Design standards ensure neighborhood character and compatibility with adjacent uses. Commercial uses, with the exception of office use in high-density residential areas and neighborhood centers associated with traditional neighborhood developments, would only be permitted through changing the land use category with a comprehensive plan amendment or through a neighborhood planning process. Page UL -12, Comprehensive Plan Goal UL.9a Create a variety of residential densities within the Urban Growth Area with an emphasis on compact mixed-use development in designated centers and corridors. UL.9b Create efficient use of land and resources by reducing the conversion of land to sprawling, low density development. Policies UL.9.1 Establish low, medium, and high density residential categories to achieve population and economic growth objectives. Low density residential areas shall range from 1 to and including 6 8 dwelling units per acre. Bonus density in the low density residential category may allow an increase to 10 dwelling units per acre for qualifying infill proiects. .rna Medium density residential shall range from greater than 6 to and including 15 dwelling units per acre and high density residential shall be greater than 15.0 residential units per acre. Mixed residential densities may be established through community-based neighborhood planning, subarea planning, or approval of traditional neighborhood developments. UL.9.2 Spokane County shall seek to achieve an average residential density in new development of at least 4 5 dwelling units per net acre in the Urban Growth Area through a mix of densities and housing types. Spokane County Comprehensive Plan Update 3 Draft, Subject to Change 6-6-18 Proposed Amendments to the Zoning Code Additional wording underlined Deleted wording "4.-i Tr -e igh Chapter 14.300 Definitions 14.300.100 Definitions Dwelling, Two -Family (Duplex): A single structure containing 2 dwelling units designed exclusively for occupancy by 2 families living independently of each other, and neither unit is considered an accessory dwelling unit. To be classified as a duplex, the dwelling units must be connected by common floor/ceiling, a common wall or by a covered carport/breezeway which does not exceed a distance of 20 feet between the two dwelling units. 14.606.100 Purpose and Intent The purpose of the Urban Residential Chapter is to implement Comprehensive Plan goals and policies related to urban residential use. Residential zone classifications provide for a range of residential uses within the Urban Growth Area. The Low Density Residential (LDR) zone is primarily for single-family, duplex and row housing residential development that allows a density of 1 to and including 6 8 dwelling units per acre. Small scale, multi -family development may be permitted, consistent with density standards to provide compatibility with adjacent single-family residences. Zero lot - line housing, bonus density and other incentives are permitted to promote infill, preservation of open space, and a variety of housing types and densities. Spokane County Comprehensive Plan Update 4 Draft, Subject to Change 14,606.220 Residential Lands Matrix Table 606-1, Residential Zones Matrix 6-6-18 Residential Uses LDR 1 LDR-P MDR HDR Dwelling, multi -family, small scale infill L N u N N development Dwelling, multi -family N N P L Dwelling, multi -family, greater than 30 units per acre N N N CU Dwelling, single-family P P P P Dwelling, row housing L N P P Dwelling, two-family duplex P N P P Dwelling, two-family duplex - corner lot bonus L N N N density Spokane County Comprehensive Plan Update 5 Draft, Subject to Change 6-6-18 14.606.230 Limited Uses with Specific Standards Uses that are categorized with an "L" in table 606-1, Residential Zones Matrix, are subject to the corresponding standards of this section. In the case of inconsistencies between section 14.606.220 (Residential Zones Matrix) and section 14.606,230, section 14.606.230 shall govern. x. Two family duplex dwelling with corner lot bonus density (LDR zone) a. A two-family duplex dwelling located on a corner lot shall be considered as a single-family dwelling for the purposes of calculating density provided the front door and driveway for each unit face opposite streets to give the appearance of a single-family residence from the street view, as illustrated below. x. Multi -family dwelling, small scale infill development (LDR zone) Standards to be developed 16. Row housing (LDR zone) a. Chapter 11.701. a. Row housing shall comply with the requirements for Zero Lot Line Development under Section 14.606.300(4). b. Row housing lots with rear lot lines abutting an existing single-family neighborhood, shall require installation of a 6 -foot sight obscuring fence along the rear property line which shall be constructed prior to issuance of a certificate of occupancy. c. Preliminary plats in which 25% or more of dwellings are row houses shall be allowed a bonus density of 2 units per acre within the Low Density Residential zone. If the preliminary plat is completed in phases, each phase of the development must include at least 25% of the units as row housing units until such time as the total number of row housing units required to receive the bonus density has been reached. This requirement shall be included in the plat dedicatory wording. Spokane County Comprehensive Plan Update 6 Draft, Subject to Change 6-6-18 14.606.300 Development Standards Permitted uses in the Urban Residential zones shall compiy with the following development standards. Prior to the issuance of a building permit, evidence of compliance with provisions of this section shall be provided. 40. Density Standards: Table 606-2, Density Standards for Residential Zones Spokane County Comprehensive Plan Update 7 Low Density Residential Low Density Residential Plus Medium Density Residential High Density Residential Density: 1 to 6 8 units/acre* 1 unit/acre Over 6 to 15 units/acre Over 15 units/acre *Bonus densities may be allowed for planned unit developments and other infill developments as identified herein. Spokane County Comprehensive Plan Update 7 Draft, Subject to Change 2. Lot Standards: Table 606-3, Lot Standards for Residential Zones 6-6-18 Spokane County Comprehensive Plan Update 8 Low Density Residential Low Density Residential Plus Medium Density Residential High Density Residential Max. Building Coverage 5-5 70 % of lot area 55 70 % of lot area 65 70 % of lot area 70% of lot area Max. Height 35 feet 65 feet for a college/university 35 feet 65 feet for a college/university 40 feet 65 feet for a college/university 50 feet 65 feet for a college/university Permitted uses: Minimum lot area 6,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. Minimum frontage 50 feet 60 feet 60 feet 60 feet Single family: Minimum lot area 4,000 5,000 sq. 43,560 sq. ft. 4,2062,500 sq. ft. 1,600 sq. ft. ft. Minimum frontage 5040 feet 90 feet 50 36 feet 20 feet Duplex: Minimum lot area 10,000 4„000 sq. Not applicable. 6340-0 2,500 sq. ft. 3,200 1,300. sq. ft. ft. Minimum frontage 50 40 feet Not applicable 50 40 feet 40 30 feet Row Housing: Minimum lot 2 500 sq. ft. Not applicable. 1,300 sq. ft. 1,300 sp. ft. area Minimum 36 feet Not applicable 36 feet 36 feet frontage Minimum 20 feet Not applicable 16 feet 16 feet frontage w/ vehicle access from alley Spokane County Comprehensive Plan Update 8 Draft, Subject to Change 6-6-18 Minimum Yard Setback: Frontlflanking street 15 feet — residence 20 feet — garage 15 feet — residence 20 feet — garage 15 feet — residence 20 feet — garage 15 feet — residence 20 feet — garage Side 5 feet 5 feet Five feet plus 1 additional foot for each additional foot of structure height over 25 feet to a maximum of 15 feet. Rear (all residential zones) Five feet plus 1 additional foot for each additional foot of structure height over 25 feet to a maximum of 15 feet. Notes: 1 Setbacks are measured from the property the setback shall be measured from line unless there is a border easement, in which case, the border easement. 4 below. structures 2. Zero -foot setbacks for side lot lines may be allowed consistent with number 3. Front/flanking street setbacks for garages include both attached and detached Spokane County Comprehensive Plan Update 9 95/ 7 5� 0 SCALE 1'-50' -J 290NS AVENUE S17 T25N R44E LEGEND RE2AR B PLA9n= CAP N ARKED '1A40100 20390' RB • FOL1H0 1/2.' RSA d CAP OSA 751? IP • FOUO01 1-1/4. 0.E. 91001 PIPE MAD. FOUND NACAIAL O F.15FAIENT NOTE CAILWI Y — FENCE LINE LINE TASLE ▪ 120E Rx-.AR2NG OSCANCE u692O19'E 2629' L2 N6919'OVE 2200' J-07 FOUND 2' BRASS CAP W1114 PUNCH II.V2K SET IN MOHUREHT CASE. RIA22 K --• - - - - REFEREaC€S SA. SE d NE AS 1'.. PER SHORT PUT S= r SNP -7016-0006 5 5 7 5 GRAHAM'S 505. 241 r. AG 07 0009155412 521.36' -1 FINAL SHORT PLAT SHORT PLAT SHP-2017-0005 A REPLATOF TRACT B. SP -1150-57 IN THE NW114 OF THE NE1/4 SECTION 11 TOWNSHIP 25 NORTH, RANGE 45 2A5T W.M. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON - SHEET 2 OF 2 - N69'O020'E 202.23' MISSION AVENUE 029'20'19'E OPPORtUN7 9P) Krt.N,P0.2o-23 0 l' BLOCK 26(1°� [% •: tN rz 18241' { .. X —r •'_ 0009151915 111.29' y ~ ' 11160.47 TRACT 02.051 0.211 '10,05 El 10' WATER WAIN 16099946 160.61' 8 MEC 6ASON0 PRIYAIE ACCESS EASEMENT. 1 10.422 S.F. r [ro911 El 1 iO �I b MOO' Y 8E9121187 PIOYAI0 ACCESS 001121'1 d z 5EWE9 EAg0-NT —{ 110.0F t AUDITOR'S CERTIFICATE. FlL'SU FOR RECORD 711 1-60/ or`917 WHIM WHUPAST . �. p0�'�0.OIiL0ld AND NEGAWEE IH 29,UNE.3. OF SNORT j,,' P 1s13LL-3r ,9 00 9911004f3 _ / 7 FEL 7S ROAD 11RST ADD. 210. .6 P949 6 SAD SHARP AVENUE h Tr7hN A�A7 —I-1 Rt -I 0201 I. PG 27-72 t {>Dt I �l I l 30' EASEMENT NOTES OAREA OF LAT 2 DEDICATEE TO MIX 05 ACCESS EASE10ENT, WATER EASEMENT. 6712177 EASEME17, AND PERPEIUAL HON -020.043E PR102 %SHIER EAy0ENT BASIS OF BEARINGS A GP0-222105E BEARING GF 2609215.2 ALONG THE MONU1404156 CENTERi UHE CF' rd.15 0220. AS SiOWW 2EREOL EQUIPMENT& PROCEDURES nus SOR1'5Y WAS PERTOR2ED 1271 A TCPCON HMER-21 0.C5AL P09TIONTNO 575121 USING REN. TIME 166ENA96 932227 P215525URES IN 60R)4011ON 'MIN FREED 1RAVE29 PROCEDURES USING A 3-SEC967 ICTAL 520.110N. 10 52056E 55 062120521E 106.05 RB LL_1 SHARP LANE R I I T L Lx . i 42212'66'2 I 111.]4 r 27 rn �g 1027946 13' BORDER 20522207 6- BROADWAY AVENUE_ UAL O 6 CASTR0 20' PL902 5%J71 FJ,SE}R31T PX 20-4 5202X 5 .1-09 FOUND 'f ON SAWTARY SEWER MANHOLE N[2. FOND REFERENCES SE. SW d NW AS PER SHORT PLAT 927-37-E6 1_L iND 1 E K i 1 ' PROFESSIONAL LAND SURVEYORS 615 N. NADEUA STREET SPOKANE, WASHINGTON 99202 PHONE 5099:6209 FAX 509.222.2736 6ANOTENSURYL-70RSOOAML COM FILE; 21St -094;.9n FSP 16/04/2017 04216 AM BASIS Or BEARINGS Bearings oro derived from CPS Grid Bearings. NAD B3 Washington North Zane- Theexistingplat was computed end rotated to bort fit to the monumentetien. ?ha eoovergen05, or difference between Grid North and Caodotic North is 27--09.03". Ground Distances are shown hereon. 54 t0• See Equipment and Procedures for more infortmatien. ay, '3 / 6Cry�q,"t\t! V Corner not set due to Fence Corner 8705'58" E Wood Fence 75.91 LOT T 5751 50. Fr. House 16609 E Bawd Ave. Porch 5.51 Geroge CD m O Sfdewal& --~-~ 78.91, N 70 foot Utility Easement. per brig. Piot 57'O5'55' E itt �, r Criers Line~ Concrete inlet - - - - -. C' 20' .0' 60' 40 14,91 utrrty 60509900! per Orig. Plat I\\ 57'08'58- E 72.35' ' Water Easement 'No � �i 2._00° Sewer—Easement z 0 J LOT2 1 r 611050. FT. MI 1 al 1 16515 E Broad Ave. 10 foot 2 fool Utility EasementBorder Easement per9• Plat 11 (Typical) 25.90' z 25.00 Fd.mbar & cop P per Plat o I I I I 1 1 52.95 , Corner not set due to utilities. Fel. I mbar par Pict Corner not set BROAD AVE. due to utilities. — LEGEND CPS County Monument - See Note in Narrative • Found monument es noted o Computed paint. not found or sat this surrey C) Set 7/2- mbar & cop PLS 28037 or as noted - - • - Drainage Easement per Original Plat EQUIPMENT dt PROCEDURES Sa b e1 bq�yg5 This Survey woe performed using a Topoa+ CPS Receiver,' ...It,' NIX methode sling the Washington Stell Reference Network j veSRN; corrections NAD83-2011 Fpech 2010. Redundant measurement using fe-Itlltigfi;af.on ono' multiple measurements with error othpses no! greeter !non A5' w/s cch!_. 4, Methods used ce,npfy with Stele Lo. N'AC & WAC 332-730-100 5001 N 276753.48 It. E 2538!35.72 ft. ( ] Record plat data p 5ealtery Sewer Manhole Wotcr meter 0 Water Valve Todd 7, Emerson PLS 36037 9-22- f7 Oslo I Iz ulo IV 0I$ 5 4 ' Fd t / 2r rubor & cop per Rol i NARRATIVE - 6oundary Determination • 1 Fd. 7/2"mbar 4cop per Plat 9.1 nod 8797'25" E \\\ 80 37VMNNOS 150.03' (160.04'] T S 71"29. 6751 N 276925.20 ft. 5 2540734.27 fl. Filed this 6'04%69 AUDITOR'S CERTIFICA7E dray of60 /7 at //3/ o'obck f m, to cook,Lof Shart Plots. Doge 2?2Vot the request of Emerson Surveying. Auditor's Number VICINITY MAP 1"= 100' 1 f0. 00 '3 at00 46354.030 46364.0303 ,IOti �0 � 101 �bQ A6 0• oti.veGr' 46364.0203 4 46364.0302 V, 46364.0202 12t1' r 46364.0201 dal LOT f BROAD AVE 9060'69'96 46364.0106 Short Plat SIP -2077-0008 B .Martin Short Plat In the SO of SEX of Section 36 7:28N... R. 44E. W.M. City of Spokane Valley, Spokane County, WA. ;Peens ecmputeons the record plot distances relative lad from the found monumentotion as shower hereon. The manemcn'stlan and cacopolicn match rmprowmentc. Street manumentman ts intact as noted. CPS County 0eremcnl Designations and Volum" 010 based an the County GPS survey by Jerry Sims Sled Oh the Spokane C000ly Engineer. The values are shown only for eomplianoa with S1125 20.40.010 C12. Short Plot SHP-2017-0008 EMERSON S1IRVEYIWG 17010 N 5emaroc Lane Nina M15 Folis, WA. 99029 (509) 710-3250 Malay PiwAIX res -nor WC ?Ileum 9f= as -r.0 -r7 2 e .• (¢4%9 3 &In 3/-742. 20 rouse 94 REBAR WIN CAP "LS 7317 271 IN MON. CASE PER 95 SHORT PLAT SHP-201 7-DD1 ❑ LOCATED IN THE NW 1/4 OF THE SW 1/4 SECTION 21, T25N, R44E, W.M. CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON FOUND 7/8' P.K. NAa (HEW) K FOUND VD" P.K. NAIL _ 535.01`571, am' -- is 1 DTH AVENUE - - - "Nb93g'S> 1328.12' 732611'�R4) _ 10' - -- rFOUND Aa3'4 REBM ri1TH CAP 'KITUN FOUND 1.25" 8AR 293.16' 663.00'{Rt) p S 652.96 -OB'(R4) 33144- N00'24'03`K'. 0.12' MOM N6532'22'W: 294' 07 "4E--9.1-2.715-' POSUIION 27t 53 FROM LOT 0 CORNER I N69'30`5Y'E - - 421, 39.89'( 45' 44.83(31) z 81' 1 50,50193)" p3,gy -4 181.85' LOCM 92.62'(91) 1, 1 ,. 1 1 LLLL FOUND 94 REBAR 'MTH m - FOUND I' TAO 1 � CAP 'KUTZMI 33141' MARKED 'KITZAN N085T08'E, 0.15' FROM n 33141' 1 1 CALCULATE] POSITION - I L., 1 , 1 11 i. S SHORT PLAT I $ IA r0' FJSF3NEM 60.32 Iz' Bg10EA 2 BOWNT inure T 6 i 4 _ - 110804 E1 1 TRACT 1 TRACT 1 g 1 1 1 I 68973'23'1 286.72' 93323'E 80.32'1 78.81' 1 1. FOUND 94 REB9•%ITH CAP '1617.AN 33141' �-' 1 m 12582 1F u 7200• 2 w 12029 or y 7200' L HELD BEARING SECTION BREAK00%H AND FOUND ROAR S 9 m 12000 9r 1 64,10' PER �rK �V} 4 12031 9r 73.42• LLL7.90 3 i 09 0 ^w y 42100 2 or F 11 0 71 5 /1 071 7 El 110725/10727 EJ .1 IIC805(IO607 El U070i/10723 El h 110707116765 01 " ./- S r FCUND j4 R3EBAR CAP 'MEM 35.57' FOUND H ///' W711 OAP 'MEM g WT9 2 2 ����3333 REDAR 35,67 �„� S [-� \«1 PROPERTY S Z2 UNE 1r urUNY aACCEST LI '�° 72.00' 72,00' 1 , 72.4.2' I)L// j 72.03' 1 72.00' 251.25` FOUND 95 MAR IN CONCRETE 400'00'22'1, 0.23' FROM CALCULATED 9051TION PER R6 FENCEJNE 0.5' WEST OF PROPERTY UNE sd 9'41€3 EASEMENT READ BEAR1N0 PER 5E01110N BREAKDOWN AND FOUND REBAR N0923'22'5 251.27 FENCOunE 1' WEST OF PROPERTY UNE 17 10 411 341 FOUND -14 OIH SPINE 12.57 - 11TH LANE FO01 SPIKE 12TH AVE. PGA rc PARC C' ENTRE IR 1 19 _1 _ 1�1� T.Y. 68972.37"1 105.5S' 186.53 oilo LANE 97.90' 77.02' I 589'34'01'5 011.74' 811.59'(83) n FOUND 3/8' FOUND 3/8' 1 89.55'�� _150.00'_ _ 11.63'-3, 0 P.K. NAIL P.K. NAIL :T larl S:L!- _ _ P _ _ 81.36' it REaoRo DOCUMENTS SPOKANE COUNTY AU01'C0F FILED FOP RECORD 8YLV.4.1 :' Fm; (>64152-5-3 L-17 CRASS CAP IN MCNNIENT CASE NEIZHE15 F0UN02 5[1055 :2.P 114 1.140 1735 8.24 -57115 58.41 411.5E�1 'A- 16 131,3 -3455 72.13' -1:42•4 4 04.77 51.494- - `` 132104 (1 -2 ) x1.6 BROADWAY AVENUE 51881052.5 254406' 1a544.10 -5R1) 20' FINAL SHORT PLAT SHORT PLAT SHP-2017-0016 A P091100 OF TRACT 87 OF VERA. IN THE NE1/4 OF THE 5W1/4 OF SECTION 14, 10wN5HIP 25 KORTN, RANGE 44 EAST. YL),(., CITY OF SPOKANE VALLEY. SPO4ANE COUNTY, WASHINGTON -SHEET 2 OF 2- 459932'04 472.51 LEGEND 0 SET 1/2 *BAR 8 -640160 46757 04i CSAR SyNE (BROKEN) CSAR SPIKE & -CSI Pts 34150 15.59164 NAG NAIL ! -5594440. COUNTY TAG l/2 REBAR. NO CAP I/2' 4E0AR k 540064 GAP 5/0 =DAR R 980108! GAP DEWA5CN FRC. 099511168 P051n6N SHOWN CST. etiZs LLA. Rei • 562 • 453 • (3 SURVEY REFERENCES (SRT) RECORSU4VEY50 PACE 2 1111PP FILED IN 132 of MS (412) FINAL PLAT OF FC014111 1104 To \CRAOAii *18 475 FILED o4 9091 6 05 PLATS. PAGE 35, 945504, 1554 {RR3) FNµ PLAT OF FIRST .5991101 TO 143EFD401 HEIGHTS ERE0 IN BOON 2 PACE 42 PA'PNE 1951 (014) FI66T6'ANA CS IN BECK '0', 8 TSE UNE 8688140 64 0001551155E DISTANCE 20.00? 62 400155"05'6 2500' 1 132204' L-19 80485 co. IN 40Nu0ENT CASE REFERENCES FOUND: 6U56E0 'K' IN CORE - N53E 54.80 - 4728 60.39' 00SELE2 'Y' IN SOEW414 - 516715 2.25' - N64Y1 47.05' 88.55 OAP IN Wig - 55504 43.58' -- _-.._ ALKI AVENUE --------------'---- M8'SC01'YI 1327.12 (132235' -SRN) 'y, I 1L AUDTTOR'S CERTIFICATE FI 4 OR -. 4RD BY SIod MINUTES PA57IL 0'0.1.0. FIRST ADDITION TO i I v", VEERADALE HBGH15 1 II 502,Pc42 7 0� 1 a 45 Ind Neir8032'4, 10030 - I 48513'.72'0=- 06473724 75.03' 57.22' ,��-- OLIVE AVENUE n ¢ 19 LU 1¢ 2E 20 ra VERA o� TRACT 87 BR'2', 5030 rr" N599'3x'wN tGOaY -tom J„ R8Rg02 (S'r 31.555 5r. 14414E OLIIE AVE h11 4.. 10 EASSIENT 22!211 qo I 20' 2.0' N65'4T97'W 300.33' 11 3 0 11 III -16- 'DRY - I �I I I ! I L `tom �% ` 6 ----100.34'--r ,, 1531!' 032230 I 132294 47502` 1003! 71.','19' V VALLEYWAY AVENUE ,? 00477'15 284144'(2E433f-SRI)� J L 40210058 ADOITi0N t ONPLATIED I 1 EASEMENT 11.081 B.F. I 14411 E la VAI.LEYWAY ANE 10' 6111.115 1, EASEuENT NB933•33' 1261' (12.54'-551) 2 2.P-765-97. BK 8. PG 90 w8. I ES 5 8.N ea sa SCALE 1'-0K BASIS OF BEARINGS A *55 008540 DEA5285 OF 852'4TOT w AI.NG 114E CENR75R'E OF 1ALIEYWAT AVENUE, AS SWANN HEREON. EQUIPMENT & PROCEDURES 11415 SURVEY WAS PRF01IE0 WTI A 1O560*0 15565-0 406AL 505704140 57541010 USTNO REAL 774E 11.551.1.8115 SURVEY 10006 11RE5 81 660.81.42000 1414 6160 TUNERS'£ PROCEDURES U54N1 A 3-560040 TOTAL 574504. INDEX DATA 1 II S14 T25N R44E W.M. SURVEYOR'S CERTIFICATE TNS 5IAT CL101E2RY REPRESENTS A VIE.EV MADE 4Y 41. CR UMOR MY 45651104. !4 CONFORMANCE 2657 INE RECJGEYEN15 OF THE 4117 OF 5F54881E 0411 4 1'0016905 2001800065 LL�� !! EIL200.�LS0 60000 A. P, CFRPFIcAT2. 1* NO. 45757 LANDTEK L PROFESSIONAL LAND SURVEYORS 818 h. 1,4A8ELIA STREET SPOKANE. WASHINGTON 99202 PRONE 509.826.2821 FAX 165.5253730 LM D113mR\6YOR5041M.CC44 FILE 2240-058 22/20/2018 03:41 PM GGYpiy3 3)-701 SHORT PLAT SHP-201 7-❑ 1 S LOCATED IN THE NE 1/4 OF THE SE 1/4 SECTION 21, T25N, R44E, W.M. --�-- - 492.43'(Rl)SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON 10TH AVENUE 5674a'3314 44:22:34437,0 52.3v - �� MHO S8Y40'33'E 1@4.96• FOUND 1/2'_ 165.29' w 509'4+'46'E 245.00' F4UN0 1/2-/I µ,�® - �.- - - -_ /LAC. NAIL �' , {R1) a 205.00'(02] j ti 5811848' 18 48511 8.97.0) n MAG. NAIL \FOUND /5 REBAR N13'82'E 0.44' OF CALCULATED POSITION CLF RVE TABLE H UNION ROAD t[OP17'a5•E RADIUS f 1ENc68 00.00 J 31,47 170 C.' _3,.26' 00.18' 57.57 OE1T4 ANGLE 04090 I CHORD 6048693 9709'24' 2832' I S14'57'18'7 NO 1/2' M.A.S. NA4 89'$0'39' 43'78'51' L- 28.25'1502'42•C 29.15' I N F53'20'E •1 G 0'. _ 25' 7 FOUND 14 KEBAB, SOUTH 040'. OF CALCULATED POSITION FOUND t4 REBAR W/OAP BENIHIN" LS 13315 110.57' wares- 2 • • 494.0.4(91) 589'58'00'W 5.00' 484'58'20"E 493.83 141.75' • 4.82 •...-FOU140 1' PIPE 6w,Q.11'c' F.B.: 17-1881 CATE: 2-23-19 CRAW,+_ 2AQ APPROVED'. 2.401 _ ___r NOTES 5.3M w N1 L 12021ISTINO UTSUTY 41 EAS1141NT PER (RL) I 74 2" IF0UN0 /4 R@@AR, EAST 0.35 /OF RIGHT OF WAY rP`im� 1°m m I Iw JN 1.2 $ I26. 'I'Itl1L:T 2.12! I$ 1189'58'00'E 13986' lLAIVL%. a1 1 ri 10 G311 SE !nom I N89'S8'00'E 139.98' 8 T 'r-Fff our,' 25' EASEMENT 8 2 100 9335 55F may `bate 4139'58'00'E 139,99' 8 4- \I/2. -41112R 2 556 SF PV49U74 FOOT MOOT OF • WAY DE010411Q`N Ci • 119.95' 1 1329.71 OUND 1' ROUND BOLT W/00MED T 500'01'55'E 24.89' 06609 CENIERUNE 7.71' N0059'51'14 OE PLAT(7.6' R2), 809 FOR EAST UNE 0F (R1) 1 11 018090G UTILITY EASEMENT PER (92) 190,02' ;) FOUND 64 REBAR, NEST 0.23' OF RIGHT OF WAY, 180.04' 7 FOUND 84 RE8AR 556.57' 12TH AVENUE t1'. l • ATT11..i.) 1) DATE OF SURVEY N04. 14, 2017. 2) LEGAL DESCRIPTION. EASEMENTS & EXCEPTION INFORMATION i5 FROM VISTA 111LE. PLAT CERTIFICATE 901271-14421 DATED DEC. 5, 20:7. 3) RIGHT OF WAYS CALCULATED PER Ri. 82 AND 213 40.00' I 5.00' 2 563.9' FOUND REBAR 6488158'20.'E_ 325.23' �'ALId'Y Plll''t f fi 25' 28 233' ram 5' PIPE 55/019 M MON, CAST W/RP, "X" IN 0298 N3813'E 50.35' 931'03'0 53.81' 21 505"01'14 55.25' N3024'W 51.53' FOUND 3' PIPE 1VP01 IN MLFi_ 22 120.74' 44.88' FOUND 1/2' 14.A0. NAIL 22 14 FOUND 3' 8RASSI Cap, W/Yi65 Is 27 NAIL & TAO 'SPOKANE 00. ENC.' IN . ': N451; 41.71' "2" IN TOP CONCRETE 1.51' POST 84511. +3.11' 1 SPOKANE COLIN AUDI CR f060 RECO'' //.1' �/ma y THIS - DAY OF --:.- { 20 ' AT M1N31E5 P%�T/2 O'CLOCK L' M; AND RECORDED IN 800K, 3/ OF SHORTS PIA AT PAGE(S)'bREC0RDS OFANE O4UNT7 WASHINGTON. G(1,,PIIIC 0( 1.T Ja { 1N 600..3' 1 1 Inch = 62 i6 SPOKANE LEGEND • SET Q4 REBAR & PLASTIC CAP MARKED 'WOE LS 43610' O FOUND /4 REBAR W/CAP NARKED 'H5TZAN LS 33141' UNLESS OTHERWISE NOTED Q39il LOT ADDRESS RECORD DOCUMENTS (661) FINAL PLAT OF PULVER SU801V1SION AS RECOROEO EN VOLUME 8 OF PLATS, PACE 61. (92) FINAL PLAT OF PORATH SUEOIVISON AS RECORDED 1N VOLUME 5 OF PLATS, PACE 82. (03) FINAL PLAT OF VALLEY PINES AS RECORDED IN SOCK 26 OF PLATS, PAGE 31. (R4) FINAL PLAT OF OPPORTUNITY A5 RECORDED IN 401214E '0' OF PLATS, PACE 20. 8A01.5 74 0EARINGS TI -IE SEARING OF N09'50'00'E ON THE SOUTH UNE OF TRACT 2:2 AND 213, OF OPPORNUNITY AS SHOWN ON THE FINAL PLAT OF PULVER SUBDIVISION AS RECORDED UNDER 4011533E 5 CF 07.475, PAGE 51 WAS U5LC AS 1511 13315 or BEARING FOR THIS PLAT. EQUIPMENT & PROCEDURES THIS SURVEY WAS PERFOF.UEO WITH A TOPCCN GPS R1A SYSTEM AN0 A 5 -SECOND 104004 0571 320504 TCTAL 4147105 THEODOLITE USWC FIELD TRAVERSE PROCEDURES ACHIE0NC MINIMUM CLOSURE STANDARDS PER WAG 332-130-190, WAC 332-130-100. FILE N01 SHP-2017-1 & 5T@J0100P.V. x 80858688 1WFA0C PUNVING- 040DSf.1 0 018866 AWCE SYN IPPL CON515 LT W G PNOIHEERS 51 S PINES ROAD SPCKANEYALLE1, WA4[MITON 95206 Fit 50• 11952817 FAX SC9-6264227 SHEET 2 OF 2 JOBNUMHER 17-1881 Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action October 2, 2018 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed 2018 Budget Amendment. GOVERNING LEGISLATION: In order for the City to amend an adopted budget, State law requires the Council to approve an ordinance that appropriates additional funds. PREVIOUS COUNCIL ACTION TAKEN: The Council last took formal action on the 2018 Budget when it was amended on May 29, 2018 for the first time. BACKGROUND: Since the amendment of the 2018 Budget on May 29, 2018, a number of events have transpired in the normal course of operations that necessitate a second 2018 Budget amendment. They include: #001 - General Fund Provide additional appropriations (expenditures) of $33,265 comprised of: • $5,465 increase in cell phone costs across multiple departments for services that allow the City to archive text messages. • $1,500 increase in advertising for recruitment of City employees to fill vacancies. The job market is more competitive for certain job descriptions, and in response, the Human Resources Department has required additional advertising to generate qualified candidates. • Additional $3,300 to fund the City's employee education reimbursement fund for actual costs in 2018. • $29,725 is reduced from the Parks & Recreation Maintenance Division for professional services and is added to a transfer out to the Parks Capital Projects Fund #309 for design services on the Appleway Trail University to Pines segment amenities. • $23,000 increase to replace the pump at the Park Road Pool. This occurred back in June of 2018 and was paid for through the contract with the YMCA for aquatic services. #101 — Street O&M Fund Increase expenditures by $455 for cell phone costs for services that allow the City to archive text messages. #104 — Hotel / Motel Tax — Tourism Facilities Fund Increase revenues by $250,000 reflecting a transfer in from the Hotel / Motel Fund #105 that was approved through the lodging tax process at the January 9, 2018 Council meeting. #105 — Hotel / Motel Tax Fund Net change of $0 in expenditures; however, transfers out to the Hotel / Motel Tax — Tourism Facilities Fund #104 are increased by $250,000 and tourism promotion costs are reduced by $250,000, as was approved during the lodging tax process at the January 9, 2018 Council meeting. #106 — Solid Waste Fund This fund is being amended to include the estimated $1,000,000 in road wear fee revenues collected as part of the collection contract with Waste Management, along with a corresponding transfer out to the Pavement Preservation Fund #311 for the same amount. Page 1 of 4 #301 — REET 1 Capital Projects Fund Real Estate Excise Tax (REET) revenue is increased by $700,000 based on revised revenue projections. Increase expenditures by $38,000 due to changes in expected transfers out to the Railroad Grade Separation Projects Fund #314 related to the Barker Grade Separation project. Grant proceeds are expected to be expended prior to City REET funds to the extent possible. #302 — REET 2 Capital Projects Fund Real Estate Excise Tax (REET) revenue is increased by $700,000 based on revised revenue projections. Increase expenditures by $95,890 due to changes in the expected transfers out to the Street Capital Projects Fund #303 to reflect current estimates for various projects. #303 — Street Capital Projects Fund This fund is being amended to reflect estimated progress on a number of projects, including intersection improvements at 8th and Carnahan and the reconstruction of Euclid Ave. from Flora to Barker, as well as updates to estimated project costs. However, there is a net $0 effect on expenditures and revenues. #309 — Park Capital Projects Fund This fund is being amended to reflect estimated progress on a number of projects. Revenues are increase by $29,725 for a transfer in from the General Fund to pay for design services on the Appleway Trail University to Pines segment amenities. Expenditures increase by $65,425, including: • A decrease of $176,800 for the Browns Park lighting and pathway and corresponding increase for the Browns Park volleyball courts, reflecting Council's decision to shift funding between these projects after the City received bids far in excess of the available funding for the lighting and pathway. • An increase of $29,725 for amenities on the Appleway Trail — University to Pines segment for design services. • An increase of $7,700 to upgrade the electrical service at Mirabeau Point Park. • An increase of $28,000 for placement of the Heart of the Valley sculpture. #311 — Pavement Preservation Fund This fund is being amended to reflect estimated progress on a number of projects as well as updates to estimated project costs. There is a net $0 effect on revenues and an increase of $401,940 for expenditures. #312 — Capital Reserve Fund • Expenditures/appropriations of $884,519 include: o An increase of $5,383 for remaining costs for the siting of sculptures and additional lighting requirements for the sculptures at the new City Hall building. o An increase of $874,327 in transfers out to the Street Capital Projects Fund #303 for projects including the reconstruction of Euclid Ave. from Flora to Barker, improvements to the intersection at 8th and Carnahan, and design services for widening the Barker Rd. corridor. o An increase of $4,809 in transfers out to the Railroad Grade Separation Projects Fund #314 for the Pines Rd Grade Separation Project. Page 2 of 4 #314 — Railroad Grade Separation Fund Revenues decrease by 1,107,112 and expenditures decrease by $1,939,921. These decreases are related to updated timing of the design work that is currently being done on both the Barker and Pines Grade Separation Projects. #402 — Stormwater Management Fund Increase expenditures by $228 for cell phone costs for services that allow the City to archive text messages. #403 — Aquifer Protection Fund Increase revenues by $445,955 and expenditures by $248,780 related to various capital projects that will be completed during 2018 and associated grant revenues. The 2018 Budget amendment reflects the changes noted above and will affect 14 funds resulting in total revenue increases of $2,018,568 and appropriation/expenditure increases of $828,581. 001 General Fund 101 Street O&M Fund 104 Hotel/Motel Tax- Tourism Facilities Fund 105 Hotel/Motel Tax Fund 106 Solid Waste Fund 301 REET 1 Capital Projects Fund 302 REET 2 Capital Projects Fund 303 Street Capital Projects Fund 309 Parks Capital Projects Fund 311 Pavement Preservation Fund 312 Capital Reserve Fund 314 Railroad Grade Separation Projects Fund 402 Stormwater Management Fund 403 Aquifer Protection Area Fund 0 33,265 0 455 250,000 0 0 0 1,000,000 1,000,000 700,000 38,000 700,000 95,890 0 0 29,725 65,425 0 401,940 0 884,519 (1,107,112) (1,939,921) 0 228 445,955 248,780 2,018,568 828,581 The 2018 Budget amendment also includes one change to the Employee Position Classification Monthly Salary Schedule in order to reflect a change in the grade of one position. The updated schedule is included as an attachment to this RCA, with proposed changes in blue. OPTIONS: Future options are to accept the proposed amendments in whole or in -part. RECOMMENDED ACTION OR MOTION: Staff seek Council consensus to move forward with amendments to the 2018 Budget as presented. If Council concurs, we anticipate the following calendar of events leading to Council approval of the amending ordinance. • October 23, 2018 — Public hearing on the 2018 Budget Amendment. • October 23, 2018 — First reading of Ordinance #18-023 amending the 2018 Budget. • November 13, 2018 — Second reading of Ordinance #18-023 amending the 2018 Budget. BUDGET/FINANCIAL IMPACTS: This action amends the estimated revenues and appropriations for the 2018 Budget that were adopted on November 14, 2017 and amended on May 29, 2018. There are adequate funds available to pay for these amendments. Page 3 of 4 Revenue Expenditure Fund Fund Increase Increase No. Name (Decrease) (Decrease) 001 General Fund 101 Street O&M Fund 104 Hotel/Motel Tax- Tourism Facilities Fund 105 Hotel/Motel Tax Fund 106 Solid Waste Fund 301 REET 1 Capital Projects Fund 302 REET 2 Capital Projects Fund 303 Street Capital Projects Fund 309 Parks Capital Projects Fund 311 Pavement Preservation Fund 312 Capital Reserve Fund 314 Railroad Grade Separation Projects Fund 402 Stormwater Management Fund 403 Aquifer Protection Area Fund 0 33,265 0 455 250,000 0 0 0 1,000,000 1,000,000 700,000 38,000 700,000 95,890 0 0 29,725 65,425 0 401,940 0 884,519 (1,107,112) (1,939,921) 0 228 445,955 248,780 2,018,568 828,581 The 2018 Budget amendment also includes one change to the Employee Position Classification Monthly Salary Schedule in order to reflect a change in the grade of one position. The updated schedule is included as an attachment to this RCA, with proposed changes in blue. OPTIONS: Future options are to accept the proposed amendments in whole or in -part. RECOMMENDED ACTION OR MOTION: Staff seek Council consensus to move forward with amendments to the 2018 Budget as presented. If Council concurs, we anticipate the following calendar of events leading to Council approval of the amending ordinance. • October 23, 2018 — Public hearing on the 2018 Budget Amendment. • October 23, 2018 — First reading of Ordinance #18-023 amending the 2018 Budget. • November 13, 2018 — Second reading of Ordinance #18-023 amending the 2018 Budget. BUDGET/FINANCIAL IMPACTS: This action amends the estimated revenues and appropriations for the 2018 Budget that were adopted on November 14, 2017 and amended on May 29, 2018. There are adequate funds available to pay for these amendments. Page 3 of 4 STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: • Fund level line -item detail of revenues and expenditures. • Fund summaries for all funds affected by the proposed budget amendment. • Proposed amended Employee Position Classification Monthly Salary Schedule. Page 4 of 4 P:\City ClerklAgendaPackets for Web12018\2018, 10-02\2018 Amendment No 2 Detail v1 for RCA CITY OF SPOKANE VALLEY, WA 2018 Budget - Amendment #2 Line Item Detail 10/2/2018 Account Account Initial Amended Description Number Description /Justification Budget Amendment Budget #001 - General Fund Recurring Expenditures Cell Phones Cell Phones Cell Phones CeII Phones CeII Phones Advertising Cell Phones Education Reimbursement CeII Phones Cell Phones CeII Phones CeII Phones CeII Phones Professional Services CeII Phones Professional Services CeII Phones 001.011.000.511.60.42.03 001.013.000.513.10,42.03 001.013.015.515.32.42.03 001.018.013.513.10.42.03 001.018.014.514.23.42.03 001.018.016.518.10.41.17 001.018.016.518.10.42.03 001.018.016.518.10.49.10 001.033.000.518.30.42.03 001.040.041.543.10.42.03 001.040.042.558.70.42.03 001.040.043.558.50.42.03 001.076.000.576.80.42.03 001.076.300.576.80.41.05 001.076.301.571.20.42.03 001.076.302.576.20.41.05 001.076.305.575.50.42.03 Nonrecurring expenditures Transfer out - #309 001.090.099.597.30.00.90 - Text message archiving solution - Smarsh - Text message archiving solution - Smarsh - Text message archiving solution - Smarsh - Text message archiving solution - Smarsh - Text message archiving solution - Smarsh - Recruiting costs are increasing due to tight labor market - Text message archiving solution - Smarsh - Employee education reimbursement fund - Text message archiving solution - Smarsh - Text message archiving solution - Smarsh - Text message archiving solution - Smarsh - Text message archiving solution - Smarsh - Text message archiving solution - Smarsh - Professional Services transferred to Fund #309 to pay for design services on Appleway Trail Amenities - Text message archiving solution - Smarsh - Replace pump at Park Road Pool - Text message archiving solution - Smarsh Total recurring expenditures Professional Services transferred to Fund #309 to pay for design services on Appleway Trail Amenities Total nonrecurring expenditures 3,800 540 481 0 600 1,500 0 0 0 4200 540 5,800 0 816,500 200 415,000 900 400,000 0 1,593 455 455 228 910 1,500 228 3,300 228 228 228 228 228 (29,725) 228 23,000 228 3,540 5,393 995 936 228 1,510 3,000 228 3,300 228 4,428 768 6,028 228 786,775 428 438,000 1,128 29,725 429,725 0 29,725 Total of all General Fund revenues Total of all General Fund expenditures 0 33,265 Page 1 of 6 P:1City ClerklAgendaPackets for Web1201812018, 10-0212018 Amendment No 2 Detail v1 for RCA CITY OF SPOKANE VALLEY, WA 2018 Budget - Amendment #2 Line Item Detail 10/2/2018 Account Description Account Number Description 1 Justification Initial Budget Amendment Amended Budget #101 - Street O&M Fund Expenditures Cell Phones 101.042.000.542.10.42.03 - Text message archiving solution - Smarsh #104 - Hotel/Motel Tax- Tourism Facilities Fund Revenues Transfers in - #105 Total expenditures 104.000.000.397.10.50 - LTAC set aside in 2018 for tourism venue #105 - Hotel/Motel Tax Fund Expenditures Transfers out - #104 Tourism Promotion Total revenues 105.105.000.597.10.00.40 - LTAC set aside in 2018 for tourism venue 105.105.000.557.30.41.00 - LTAC set aside in 2018 for tourism venue #106 - Solid Waste Fund Revenues Solid Waste Road Wear Fee Expenditures Transfer out - #311 3,500 455 455 3,955 0 250,000 250,000 250,000 0 250,000 250,000 572,000 (250,000) 322,000 Total expenditures 0 106.000.000.344.10.01 - Road wear fee for Waste Management Contract 0 1,000,000 1,000,000 Total revenues 1,000,000 106.000.000.597.31.00.10 - Road wear fee transferred for pavement pres 0 1,000,000 1,000,000 Total expenditures 1,000,000 Page 2 of 6 P:1City ClerklAgendaPackets for Web1201812018, 10-0212018 Amendment No 2 Detail v1 for RCA CITY OF SPOKANE VALLEY, WA 2018 Budget - Amendment #2 Line Item Detail 10/2/2018 Account Account Initial Amended Description Number Description / Justification Budget Amendment Budget #301 - REET 1 Capital Projects Fund Revenues REET 1 - 1st Quarter Percent Expenditures Transfer out - #314 301.301.000.318.34.00 - Revised estimate based on projections Total revenues 301.000.000.597.31.00.40 - Barker Grade Separation Project #302 - REET 2 Capital Projects Fund Revenues REET 2 - 2nd Quarter Percent Expenditures Transfer out - #303 Total expenditures 302.302.000.318.35.00 - Revised estimate based on projections Total revenues 302.000.000.597,30.00.30 - Revised project schedules 800,000 700,000 1,500,000 700,000 0 38,000 38,000 38,000 800,000 700,000 1,500,000 700,000 1,003,544 95,890 1,099,434 Total expenditures 95,890 Page 3 of 6 P:\City ClerklAgendaPackets for Web1201812018, 10-0212018 Amendment No 2 Detail v1 for RCA CITY OF SPOKANE VALLEY, WA 2018 Budget - Amendment #2 Line Item Detail 10/2/2018 Account Description Account Number Description 1 Justification initial Budget Amendment Amended Budget #303 - Street Capital Projects Fund Revenues Grant Proceeds Developer Fees Transfers in #302 Transfers in - #312 Transfers in - #312 Transfers in - #312 Transfers in - #312 Expenditures Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay 303.000.xxx.33 0.00.00 303.000.xxx.367.12.01 3 0 3.303 . xxx.397.3 0.20 30 3.00 0.251.397.31.20 303.00 0.247.3 97.31.20 303.000.)=.397.31.20 303.000.xx097.31.20 303.303.123.595.xx.xx.xx 303.303.141.595.xx.xx.xx 303.303.142.595.xx.xx.xx 303.303.166.595.xx.xx.xx 30 3.000.201.595.xx.xx.xx 303.000.222.595.xx.xx.xx 3 03.0 00.247.595 . xx, xx. xx 303.000.251.595.xx.xx.xx 303.000.259.595.xx_xx.xx 303.000.263.595.xx.xx.xx 303.000.265.595.xx.xx.xx 303.000.273.595.xx.xx.xx 303.000 275.595.xx.xx.xx 303.000.276.595.xx.xx.xx 303.000.277.595.xx.xx.xx 303.000.278.595.xx.xx.xx 303.000.279.595 _xx.xx.xx 303.000.xxx.595.xx.xx. o 303.000. ooc595.xx.xx.xx 303.000.xxx.595.xx.xx.xx 303.00 0.xxx.595.xx.xx.xx 303.000.xxx.595.xx.xx.xx - Revised project schedules - Revised project schedules - Revised project schedules - Euclid Ave - Flora to Barker - 8th & Carnahan intersection improvements - Indiana bus stops & crosswalks - Barker Corridor Total revenues - Mission Ave. - Flora to Barker - Sullivan & Euclid PCC (PE & RW) - Broadway @ Argonne/Mullan PCC intersection - Pines Rd (SR27) & Grace Ave. Intersect Safety - ITS Infill Project Phase 1 - Citywide Reflective Signal Backplates - 8th & Camahan Intersection Improvements - Euclid Ave. - Flora to Barker - N. Sullivan Corridor ITS Project - Citywide Signal Backplates - Wellesley Sidewalk Project - Barker/I-90 Interchange - Barker Rd Widening - River to Euclid - Barker Rd Widening - Euclid to Garland - Barker Rd Widening - Garland to Trent - Wilbur Rd Sidewalk - Boone to Broadway - Knox Ave Sidewalk - Hutchinson to Sargent - Barker Road Widening - Coleman Sidewalk - Argonne Reconstruction - Indiana to Montgom - Indiana bus stops & crosswalks - Contingency 8,919,182 (938,037) 7,981,145 65,212 (32,180) 33,032 1,003,544 95,890 1,099,434 5,000 410,839 415,839 0 425,000 425,000 110,000 (110,000) 0 0 148,488 148,488 3,625,716 136,412 3,762,128 0 25,000 25,000 2,250,000 91,799 2,341,799 402,710 92,290 495,000 378,172 58,828 437,000 17,000 25,645 42,645 0 425,000 425,000 5,000 414,359 419,359 808,723 (723,723) 85,000 24,526 100,193 124,719 647,665 (609,665) 38,000 0 500,000 500,000 0 88,000 88,000 0 54,000 54,000 0 36,000 36,000 0 20,000 20,000 0 20,000 20,000 106,500 (106,500) 0 25,000 (25,000) 0 512,000 (512,000) 0 110,000 (110,000) 0 1,000,000 (638) 999,362 Total expenditures 0 Page 4 of 6 P:1City Clerk\AgendaPackets for Web1201812018, 10-02\2018 Amendment No 2 Detail vi for RCA CITY OF SPOKANE VALLEY, WA 2018 Budget - Amendment #2 Line Item Detail 10/2/2018 Account Description Account Number Description / Justification Initial Budget Amendment Amended Budget #309 - ParksCapital Projects Fund Revenues Transfers in - #001 Expenditures Capital outlay Capital outlay Capital outlay Capital outlay Capital outlay 309.000.280.397.00.10 309.000.271.594.76.63.00 309.000.280.594.76.63.00 309.000.282.594.76.63.00 309.000.283.594.76.63.00 309.00 0. xxx. 594.76.63.00 #311 - Pavement Preservation Fund Revenues Transfers in - #106 Grant Proceeds Expenditures Capital outlay 311.000.000.397.10.60 311.000.xxx.33x.xx.xx 311.000.xxx.595.xx.xx.xx #312 - Capital Reserve Fund Expenditures Capital outlay Transfers out #303 Transfers out #303 Transfers out #303 Transfers out #303 Transfers out #314 312.000.215.595.xx.xx.xx (Euclid Ave - Flora to Barker) (8th & Carnahan Intersection) (Indiana bus stops & crosswalks) (Barker Road Corridor) (Pines Rd Grade Separation) - Appleway Trail - Univ. to Pines Amenities Total revenues - Funding for Browns Park lighting & pathway moved to Browns Park volleyball courts Appleway Trail - Univ. to Pines Amenities - Funding for Browns Park lighting & pathway moved to Browns Park volleyball courts - Upgrade electrical service at Mirabeau Point - Heart of the Valley sculpture placement Total expenditures - Road wear fee transferred for pavement Pres - Revised project schedules Total revenues - Revised project schedules Total expenditures - City Hall Sculpture Siting Transfers out #303 (Euclid Ave - Flora to Barker) Transfers out #303 (8th & Carnahan intersection) Transfers out #303 (Indiana bus stops & crosswalks) Transfers out #303 (Barker Road Corridor) Transfers out #314 (Pines Rd Grade Separation) 0 29.725 29,725 29,725 200,000 (176,800) 23,200 0 29,725 29,725 0 176,800 176,800 0 7,700 7,700 0 28,000 28,000 65,425 0 1,000,000 1,000,000 2,572.500 (1,000,000) 1,572,500 0 4,008,600 401,940 4,410,540 401,940 0 5,383 5,383 5,000 410,839 415,839 0 425,000 425,000 110,000 (110,000) 0 0 148,488 148,488 0 4,809 4,809 Total expenditures 884,519 Page 5 of 6 P:\City ClerklAgendaPackets for Web1201812018, 10-02\2018 Amendment No 2 Detail v1 for RCA CITY OF SPOKANE VALLEY, WA 2018 Budget - Amendment #2 Line Item Detail 10/2/2018 Account Description Account Number Description / Justification Initial Budget Amendment Amended Budget #314 - Railroad Grade Separation Projects Fund Revenues Grant Proceeds Transfers in - #301 Transfers in - #312 Expenditures Capital outlay Capital outlay 314.000.143. oocxx,xx 314.000.143.397.30.10 314.000.223.397.31.20 - Revised project schedules - Revised project schedules - Revised project schedules Total revenues 314.000.143.595.10.xx.xx - Barker Rd Grade Separation Project 314.000223.595.10.xx.xx - Pines Rd Grade Separation Project #402 - Stormwater Management Fund Expenditures Cell Phones Total expenditures 1,919,921 (1,149,921) 770,000 0 38,000 38,000 0 4,809 4,809 (1,107,112) 1,919,921 (1,019,921) 900,000 1,000,000 (920,000) (1,939,921) 80,000 402.402.000.531.36.42.03 - Text message archiving solution - Smarsh 1,900 228 2,128 #403 - Aquifer Protection Area Fund Revenues Grant Proceeds Expenditures Capital outlay Total expenditures 228 403.000.xxx.37x.xx.xx - Revised project schedules 0 445,955 445,955 Total revenues 445,955 403.000.xxx.595.xx.xx.xx - Revised project schedules 400,000 248,780 648,780 Total expenditures 248,780 Totals Across all Funds Total revenues Total expenditures 2,018,568 828,581 Page 6 of 6 P:\City Clerk\AgendaPackets for Web\2018\2018, 10-02\budget summary for amended fund 2018 no2 CITY OF SPOKANE VALLEY, WA 2019 Budget Amendment #2 Summary of Amended Funds 1#001 GENERAL. FUND [RECURRING ACTIVITY Revenues Property Tax Sales Tax Sales Tax - Public Safety Sales Tax - Criminal Justice Gambling Tax and Leasehold Excise Tax Franchise Fees/Business Registration State Shared Revenues Fines and Forfeitures/Public Safety Community and Public Works Recreation Program Revenues Miscellaneous Department Revenue Miscellaneous & Investment Interest Transfers in - #101 (street admin) Transfers in -#1 0 5 (h/m tax -CP advertising) Transfers in - #402 (storm admin) Total Recurring Revenues Expenditures City Council City Manager City Attorney Public Safety Deputy City Manager Finance (IT Human Resources City Hall Operations and Maintenance Community & Public Works - Engineering Community & Public Works - Economic Dev Community & Public Works - Building & Planning Parks & Roc - Administration Parks & Rec - Maintenance Parks & Rec - Recreation Parks & Rec - Aquatics Parks & Rec - Senior Center Parks & Rec - CenterPlace General Government Transfers out - #204 (2016 LTGO debt service) Transfers out - #309 (park capital protects) Transfers out - #311 (pavement preservation) Transfers out - #501 (CenterPlace kitchen reserve) Transfers out - #502 (insurance premium) Total Recurring Expenditures Recurring Revenues Over (Under) Recurring Expenditures 10/2/2018 2018 As Adopted lst Amendment 2nd Amendment As Amended 11, 796,100 20,881,900 967,800 1,738,000 381,000 1,210,000 2,109, 600 1,319,900 1,684,100 633,300 1,000 201,800 39,700 301000 13,400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 11,796,100 O 20,881,900 0 967,800 0 1,738,000 0 381,000 O 1,210, 000 0 2,109,600 0 1,319, 900 0 1,684,100 0 633,300 0 1,000 0 201,800 0 39,700 0 30,000 0 13,400 43, 007, 600 0 0 43,007,600 548,494 956,245 594,752 25,464,251 450,663 1,339,064 275,387 306,043 1,572,947 970,642 2,265,677 301,083 893,700 260,574 492,900 98,229 910,468 1,261,610 399,350 160,000 962,700 36,600 370,000 0 0 7,000 0 0 0 0 0 56,118 0 (56,118) 0 0 0 0 0 0 0 0 0 0 0 0 1,593 455 455 0 228 910 5,028 228 228 228 228 228 (29,725) 228 23,000 0 228 0 0 0 0 0 0 550,087 956,700 602,207 25,464,251 450,891 1,339,974 280,415 306,271 1,629,293 970,870 2,209,787 301,311 863,975 260,802 515,900 98,229 910,696 1,261,610 399,350 160,000 962,700 36,600 370,000 40, 891, 379 7,000 3,540 40,901,919 2,116,221 (7,000) (3,540) 2,105,681 Page 1 of 20 P:\City Clerk\AgendaPackets for Web\2018\2018, 10-02\budget summary for amended fund 2018 no2 CITY OF SPOKANE VALLEY, WA 2019 Budget Amendment #2 Summary of Amended Funds #001 - GENERAL FUND - continued NONRECURRING ACTIVITY Revenues Transfers in - #106 (solid waste repayment) Total Nonrecurring Revenues Expenditures 10/2/2018 2018 As Adopted 1st Amendment 2nd Amendment As Amended 40,425 0 0 40,425 40,425 0 0 40,425 General Government - IT capital replacements 115,000 0 0 115,000 City Attorney (part-time attorney furniture) 4,809 0 0 4,809 Public Safety (full facility generator) 100,000 0 0 100,000 Deputy City Manager (Q -Alert software) 11,700 0 0 11,700 Community & Econ Dev (retail recruitment) 50,000 0 0 50,000 Parks & Rec (Flooring in Great Room & Dining Room) 50,000 0 0 50,000 Parks & Rec (CP reseal two restroom floors) 3,000 0 0 3,000 Generator for City Hall 0 200,000 0 200,000 Transfers out - #309 (CP outdoor venue Phase 1) 200,000 0 0 200,000 Transfers out - #309 (Browns Park lighting & path) 200,000 0 0 200,000 Transfers out - #309 (Appleway Trail Amenities) 0 0 29,725 29,725 Transfers out - #122 (replenish reserve) 0 490,000 0 490,000 Transfers out - #312 (misc capital projects) 1,000,000 0 0 1,000,000 Transfers out - #312 ('15 fund ba! > 50%) 0 2,795,429 0 2,795,429 Total Nonrecurring Expenditures Nonrecurring Revenues Over (Under) Nonrecurring Expenditures Excess (Deficit) of Total Revenues Over (Under) Total Expenditures Beginning unrestricted fund balance Ending unrestricted fund balance Fund balance as a percent of recurring expenditures 1,734,509 3,485,429 29,725 5,249,663 (1,694,084) (3,485,429) (29,725) (5,209,238) 422,137 (3,492,429) (33,265) (3,103,557) 33,664,222 34,086,359 83.36% Page 2 of 20 33,664, 222 30, 560, 665 74.72% P:\City Clerk\AgendaPackets for Web\2018\2018, 10-02\budget summary for amended fund 2018 not CITY OF SPOKANE VALLEY, WA 2019 Budget Amendment #2 Summary of Amended Funds SPECIAL REVENUE FUNDS #101 - STREET FUND RECURRING ACTIVITY Revenues Utility Tax Motor Vehicle Fuel (Gas) Tax Multimodal Transportation Revenue Right -of -Way Maintenance Fee Investment Interest Miscellaneous 10/2/2018 2018 As Adopted lst Amendment 2nd Amendment As Amended 1,900,000 0 0 1,900,000 2,052,400 0 0 2,052,400 133,800 0 0 133,800 70,000 0 0 70,000 6,000 0 0 6,000 10,000 0 0 10,000 Total Recurring Revenues 4,172,200 0 0 4,172,200 Expenditures Wages / Benefits / Payroll Taxes 771,019 0 0 771,019 Supplies 112,500 0 0 112,500 Services & Charges 2,141,751 0 455 2,142,206 Snow Operations 504,800 0 0 504,800 Intergovernmental Payments 851,000 0 0 851,000 Transfers out - #001 39,700 0 0 39,700 Transfers out - #311 (pavement preservation) 67,342 0 0 67,342 Vehicle rentals - #501 (non -plow vehicle rental) 77,929 0 0 77,929 Vehicle rentals - #501 (plow replace.) 21,250 0 0 21,250 Total Recurring Expenditures 4,587,291 0 455 4,587,746 Recurring Revenues Over (Under) Recurring Expenditures (415,091) 0 (455) (415,546) NONRECURRING ACTIVITY Revenues Transfers in - #312 0 0 0 0 Miscellaneous 0 0 0 0 Total Nonrecurring Revenues 0 0 0 0 Expenditures Battery backups for intersections 15,000 0 0 15,000 Total Nonrecurring Expenditures 15,000 0 0 15,000 Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (15,000) 0 0 (15,000) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (430,091) 0 (455) (430,546) Beginning fund balance 1,067,294 1,067,294 Ending fund balance 637,203 636,748 Page 3 of 20 P:\City Clerk\AgendaPackets for Web\2018\2018, 10-02\budget summary for amended fund 2018 not CITY OF SPOKANE VALLEY, WA 2019 Budget Amendment #2 Summary of Amended Funds SPECIAL REVENUE FUNDS - continued #104 - HOTEL / MOTEL TAX - TOURISM FACILITIES FUND Revenues Hotel/Motel Tax Investment Interest Transfers in - #105 Total revenues Expenditures Capital Outlay Total expenditures 10/2/2018 2018 As Adopted l I lst Amendment 2nd Amendment As Amended 377,000 0 0 377,000 1,500 0 0 1,500 0 0 250,000 250,000 378,500 0 250,000 628,500 0 0 0 0 0 0 0 0 Revenues over (under) expenditures 378,500 628,500 Beginning fund balance 1,228,595 1,228,595 Ending fund balance 1,607,095 1,857,095 #105 - HOTEL/MOTEL TAX FUND Revenues Hotel/Motel Tax 580,000 0 0 580,000 Investment Interest 1,000 0 0 1,000 Total revenues 581,000 0 0 581,000 Expenditures Transfers out - #001 30,000 0 0 30,000 Transfers out - #104 0 0 250,000 250,000 Tourism Promotion 572,000 0 (250,000) 322,000 Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance 602,000 0 0 602,000 (21,000) (21,000) 221,867 221,867 200,867 200,867 #106 - SOLID WASTE FUND Revenues Solid Waste Administrative Fee 225,000 0 0 225,000 Solid Waste Road Wear Fee 0 0 1,000,000 1,000,000 Grant Proceeds 0 0 0 0 Investment Interest 0 0 0 0 Total revenues 225,000 0 1,000,000 1,225,000 Expenditures Education/Contract Admin/General Fund reimb 184,575 0 0 184,575 Transfers out -#001 40,425 0 0 40,425 Transfers out - #311 0 0 1,000,000 1,000,000 Total expenditures 225,000 0 1,000,000 1,225,000 Revenues over (under) expenditures 0 0 Beginning fund balance 190,682 190,682 Ending fund balance 190,682 190,682 Page 4 of 20 P:\City Clerk\AgendaPackets for Web\2018\2018, 10-02\budget summary for amended fund 2018 not CITY OF SPOKANE VALLEY, WA 2019 Budget Amendment #2 Summary of Amended Funds CAPITAL PROJECTS FUNDS #301 - REET 1 CAPITAL PROJECTS FUND Revenues REET 1 - Taxes Investment Interest Total revenues Expenditures Transfers out - #204 82,000 0 0 82,000 Transfers out - #303 1,048,852 0 0 1,048,852 Transfers out - #311 (pavement preservation) 685,329 0 0 685,329 Transfers out -#314 (Barker Grade Separation) 0 0 38,000 38,000 Total expenditures 1,816,181 0 38,000 1,854,181 Revenues over (under) expenditures (1,008,681) (346,681) Beginning fund balance 2,125,374 2,125,374 Ending fund balance 1,116,693 1,778,693 10/2/2018 2018 As Adopted lst Amendment 2nd Amendment As Amended 800,000 0 700,000 1,500,000 7,500 0 0 7,500 807,500 0 700,000 1,507,500 #302 - REET 2 CAPITAL PROJECTS FUND Revenues REET 2 - Taxes Investment Interest 800,000 0 700,000 1,500,000 8,000 0 0 8,000 Total revenues 808,000 0 700,000 1,508,000 Expenditures Transfers out - #204 82,000 0 0 82,000 Transfers out -#303 1,003,544 0 95,890 1,099,434 Transfers out - #311 (pavement preservation) 685,329 0 0 685,329 Total expenditures 1,770,873 0 95,890 1,866,763 Revenues over (under) expenditures (962,873) (358,763) Beginning fund balance 3,008,424 3,008,424 Ending fund balance 2,045,551 2,649,661 Page 5 of 20 P:\City Clerk\AgendaPackets for Web\2018\2018, 10-02\budget summary for amended fund 2018 no2 CITY OF SPOKANE VALLEY, WA 2019 Budget Amendment #2 Summary of Amended Funds CAPITAL PROJECTS FUNDS - continued #303 - STREET CAPITAL Revenues Grant Proceeds Developer Transfers in - #301 Transfers in - #302 Transfers in - #312 - Transfers in - #312 - Transfers in - #312 - Transfers in - #312 - Total revenues PROJECTS FUND 10/2/2018 2018 As Adopted 1st Amendment 2nd Amendment As Amended Euclid Ave - Flora to Barker 8th & Carnahan Intersection Improver Indiana bus stops & crosswalks Barker Corridor Expenditures 123 Mission Ave. - Flora to Barker 141 Sullivan & Euclid PCC (PE & RW) 142 Broadway @ Argonne/Mullan PCC intersection 166 Pines Rd (SR27) & Grace Ave. Intersect Safety 201 ITS Infill Project Phase 1 205 Sprague/Barker Intersection improvement 221 McDonald Rd Diet (16th to Mission) 222 Citywide Reflective Signal Backplates 239 Bowdish Sidewalk - 8th to 12th 247 8th & Carnahan Intersection Improvements 249 Sullivan/Wellesley Intersection 250 9th Ave. Sidewalk 251 Euclid Ave. - Flora to Barker 258 32nd Ave Sidewalk - SR27 to Evergreen 259 N. Sullivan Corridor ITS Project 263 Citywide Signal Backplates 264 8th Ave Sidewalk 265 Wellesley Sidewalk Project 267 Mission Ave Sidewalk 273 Barker/l-90 Interchange 275 Barker Rd Widening - River to Euclid 276 Barker Rd Widening - Euclid to Garland 277 Barker Rd Widening - Garland to Trent 278 Wilbur Rd Sidewalk - Boone to Broadway 279 Knox Ave Sidewalk - Hutchinson to Sargent Barker Road Widening Coleman Sidewalk Argonne Reconstruction - Indiana to Montgom Indiana bus stops & crosswalks Contingency Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance 8,919,182 65,212 1,048,852 1,003,544 5,000 0 110,000 0 0 (938,037) 0 (32,180) 0 0 0 95,890 0 410,839 0 425,000 0 (110,000) 0 148,488 7,981,145 33,032 1,048, 852 1,099,434 415,839 425,000 0 148,488 11,151,790 0 0 11,151,790 3,625,716 0 2,250,000 402,710 378,172 35,700 1,000 17,000 5,000 0 268,000 2,000 5,000 407,870 808,723 24,526 458,958 647,665 60,250 0 0 0 0 0 0 106,500 25,000 512,000 110,000 1,000,000 0 136,412 0 25,000 0 91,799 0 92,290 0 58,828 0 0 0 0 0 25,645 0 0 0 425,000 0 0 0 0 0 414,359 O 0 0 (723,723) 0 100,193 0 0 O (609,665) 0 0 O 500,000 0 83,000 O 54,000 0 36,000 0 20,000 0 20,000 O (106,500) 0 (25,000) 0 (512,000) 0 (110,000) 0 (638) 3,762,128 25,000 2,341,799 495,000 437,000 35,700 1,000 42,645 5,000 425,000 268,000 2,000 419,359 407,870 85,000 124,719 458,958 38,000 60,250 500,000 88,000 54,000 36,000 20,000 20,000 0 0 0 0 999,362 11,151,790 0 66,692 0 0 11,151,790 66,692 0 66,692 66,692 Note: Work performed for pavement preservation projects out of the Street Capital Projects Fund is for items such as sidewalk upgrades that the were bid with the pavement preservation work. Page 6 of 20 P:\City Clerk\AgendaPackets for Web\2018\2018, 10-02\budget summary for amended fund 2018 not CITY OF SPOKANE VALLEY, WA 2019 Budget Amendment #2 Summary of Amended Funds CAPITAL PROJECTS FUNDS - continued 10/2/2018 2018 As Adopted lst Amendment 2nd Amendment As Amended #309 - PARK CAPITAL PROJECTS FUND Revenues Grant Proceeds 1,693,200 0 0 1,693,200 Transfers in - #001 560,000 0 29,725 589,725 Transfers in - #103 (Appleway Trail - Sullivan to Corbin) 0 50,000 0 50,000 Transfers in - #312 324,100 0 0 324,100 Total revenues 2,577,300 50,000 29,725 2,657,025 Expenditures 237 Appleway Trail (Sullivan to Corbin) 1,853,300233,000 0 2,086,300 268 Appleway Trail (Evergreen to Sullivan) 164,000 0 0 164,000 270 CenterPlace outdoor venue - Phase 1 200,000 0 0 200,000 271 Browns Park lighting and pathway 200,000 0 (176,800) 23,200 274 Park signs (Sullivan, Park Rd, Balfour) 24,000 0 0 24,000 280 Appleway Trail Amenities (Univ - Pines) 0 0 29,725 29,725 282 Browns Park volleyball courts 0 0 176,800 176,800 Electrical Upgrade Mirabeau Point Park 0 07,700 7,700 Heart of the Valley Sculpture Placement 0 0 28,000 28,000 Total expenditures 2,441,300 233,000 65,425 2,739,725 Revenues over (under) expenditures 136,000 (82,700) Beginning fund balance 126,202 126,202 Ending fund balance 262,202 43,502 #311 - PAVEMENT PRESERVATION Revenues Transfers in - #001 962,700 0 0 962,700 Transfers in - #101 67,342 0 0 67,342 Transfers in -#106 0 0 1,000,000 1,000,000 Transfers in - #301 685,329 0 0 685,329 Transfers in - #302 685,329 0 0 685,329 Grant Proceeds 2,572,500 0 (1,000,000) 1,572,500 Total revenues 4,973,200 0 0 4,973,200 Expenditures Pavement preservation 4,008,600 0 401,940 4,410,540 Pre -project GeoTech 50,000 0 0 50,000 Total expenditures 4,058,600 0 401,940 4,460,540 Revenues over (under) expenditures 914,600 512,660 Beginning fund balance 3,362,503 3,362,503 Ending fund balance 4,277,103 3,875,163 Page 7 of 20 P:\City Clerk\AgendaPackets for Web\2018\2018, 10-02\budget summary for amended fund 2018 no2 CITY OF SPOKANE VALLEY, WA 2019 Budget Amendment #2 Summary of Amended Funds CAPITAL PROJECTS FUNDS - continued #312 - CAPITAL RESERVE FUND Revenues Transfers in - #001 Transfers in - #313 Investment Interest Total revenues 10/2/2018 2018 As Adopted 1st Amendment 2nd Amendment As Amended 1,000,000 2,795,429 74,960 0 16,000 0 0 3,795,429 0 74,960 0 16,000 1,090,960 2,795,429 0 3,886,389 Expenditures City Hall Sculpture Siting 0 0 5,383 5,383 Transfers out - 4303 (Euclid Ave - Flora to Barker) 5,000 0 410,839 415,839 Transfers out -#303 (8th & Carnahan Intersection) 0 0 425,000 425,000 Transfers out - #303 (Indiana bus stops & crosswalks) 110,000 0 (110,000) 0 Transfers out - #303 (Barker Road Corridor) 0 0 148,488 148,488 Transfers out - #309 (Appleway Trail - Sullivan -Corbin) 301,900 0 0 301,900 Transfers out - #309 (Appleway Trail - Evergreen -Sullivan) 22,200 0 0 22,200 Transfers out - #314 (Pines Rd Grade Separation) 0 0 4,809 4,809 Total expenditures 439,100 0 884,519 1,323,619 Revenues over (under) expenditures 651,860 2,562,770 Beginning fund balance 4,427,286 4,427,286 Ending fund balance 5,079,146 6,990,056 #314 - RAILROAD GRADE SEPARATION PROJECTS FUND Revenues Grant Proceeds 1,919,921 0 (1,149,921) 770,000 Transfers In #301 0 0 38,000 38,000 Transfers in #312 0 0 4,809 4,809 Total revenues Expenditures 143 Barker BNSE Grade Separation 223 Pines Rd Underpass Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance 1,919,921 0 (1,107,112) 812,809 1,919,921 1,000,000 0 (1,019,921) 900,000 0 (920,000) 80,000 2,919,921 (1,000,000) 1,068,803 0 (1,939,921) 980,000 (167,191) 1,068,803 68,803 901,612 Page 8 of 20 P:\City Clerk\AgendaPackets for Web\2018\2018, 10-02\budget summary for amended fund 2018 not CITY OF SPOKANE VALLEY, WA 2019 Budget Amendment #2 Summary of Amended Funds ENTERPRISE FUNDS #402 - STORMWATER FUND RECURRING ACTIVITY Revenues Stormwater Management Fees Investment Interest Miscellaneous Total Recurring Revenues Expenditures Wages / Benefits / Payroll Taxes 557,157 0 0 557,157 Supplies 14,800 0 0 14,800 Services & Charges 1,140,982 0 228 1,141,210 Intergovernmental Payments 35,000 0 0 35,000 Vehicle rentals - #501 12,750 0 0 12,750 Transfers out - #001 13,400 0 0 13,400 10/2/2018 2018 As Adopted 1st Amendment 2nd Amendment As Amended 1,870,000 0 0 1,870,000 7,500 0 0 7,500 0 0 0 0 1,877,500 0 0 1,877,500 Total Recurring Expenditures 1,774,089 0 228 1,774,317 Recurring Revenues Over (Under) Recurring Expenditures 103,411 0 (228) 103,183 NONRECURRING ACTIVITY Revenues Grant Proceeds 65,000 0 0 65,000 Miscellaneous 0 0 0 0 Total Nonrecurring Revenues 65,000 0 0 65,000 Expenditures Capital - various projects 450,000 0 0 450,000 Effectiveness study 15,000 0 0 15,000 Watershed studies 60,000 0 0 60,000 Total Nonrecurring Expenditures 525,000 0 0 525,000 Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (460,000) 0 0 (460,000) Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (356,589) 0 (228) (356,817) Beginning working capital 1,973,424 1,973,424 Ending working capital 1,616,835 1,616,607 #403 - AQUIFER PROTECTION AREA Revenues Spokane County 460,000 0 0 460,000 Grant Proceeds 0 0 445,955 445,955 Investment Interest 0 0 0 0 Total revenues 460,000 0 445,955 905,955 Expenditures Capital - various projects 400,000 0 248,780 648,780 Total expenditures 400,000 0 248,780 648,780 Revenues over (under) expenditures 60,000 257,175 Beginning working capital 1,413,073 1,413,073 Ending working capital 1,473,073 1,670,248 Page 9 of 20 P:\City Clerk\Agenda Packets for Web\2018\2018, 10-02\budget summary for amended fund 2018 not CITY OF SPOKANE VALLEY, WA 2019 Budget Amendment #2 Summary of Amended Funds 10/2/2018 2018 As Adopted 1st Amendment 2nd Amendment As Amended Page 10 of 20 EMPLOYEE POSITION CLASSIFICATION MONTHLY SALARY SCHEDULE Salary Schedule Effective January 1, 2018 Position Title Grade 2018 Range City Manager Unclassified Deputy City Manager 21-22 8,888.39 - 14,898.90 City Attorney 21 8,888.39 - 13,409.13 Finance Director 21 8,888.39 - 13,409.13 Parks and Recreation Director 20 7,999.45 - 11,133.86 City Engineer 19 7,199.37 - 10,862.30 Deputy City Attorney 19 7,199.37 - 10,862.30 Human Resources Manager 19 7,199.37 - 10,862.30 Planning Manager 18 6,480.26 - 9,775.59 Building Official 18 6,480.26 - 9,775.59 Engineering Manager 18 6,480.26 - 9,775.59 Economic Development Manager 18 6,480.26 - 9,775.59 Senior Engineer 17 5,831.91 - 8,797.67 Accounting Manager 17 5,831.91 - 8,797.67 Assistant Building Official 17 5,831.91 - 8,797.67 Attorney 16 5,248.20 - 7,917.40 City Clerk 16 5,248.20 - 7,917.40 Engineer 16 5,248.20 - 7,917.40 Public Works Superintendent 16 5,248.20 - 7,917.40 Senior Administrative Analyst 16 5,248.20 - 7,917.40 Senior Planner '16 5,248.20 - 7,917.40 Development Services Coordinator 16 5,248.20 - 7,917.40 GIS/Database Administrator 16 5,248.20 - 7,917.40 Accountant/Budget Analyst 16 5,24820 - 7,917.40 Associate Planner 15 4,724.02 - 7,126.14 Assistant Engineer 15 4,724.02 - 7,126.14 IT Specialist 15 4,724.02 - 7,126.14 Engineering Technician II 15 4,724.02 - 7,126.14 Economic Development Project Specialist 15 4,724.02 - 7,126.14 Senior Plans Examiner 15 4,724.02 - 7,126.14 Public Information Officer 15 4,724.02 - 7,126.14 Human Resource Analyst 14 4,251 88 - 6,414.02 Administrative Analyst 14 41251.88 - 6,414.02 CenterPlace Coordinator 14 4,251.88 - 6,414.02 Planner 14 4,251.88 - 6,414.02 Building Inspector 11 14 4,251.88 - 6,414.02 Plans Examiner 14 4,251.88 - 6,414.02 44 4,251.88 6,411.02 Engineering Technician I 14 4,251.88 - 6,414.02 Senior Permit Specialist 14 4,251.88 - 6,414.02 Code Enforcement Officer 14 4,251.88 - 6,414.02 Maintenance/Construction Inspector 13-14 3,826.38 - 6,414.02 Recreation Coordinator 13-14 3,826.38 - 6,414.02 Customer Relations/Facilities Coordinator 13 3,826.38 - 5,772.39 Building Inspector I 13 3,826.38 - 5,772.39 Executive Assistant 13 3,826.38 - 5,772.39 Planning Technician 13 3,826.38 - 5,772.39 Deputy City Clerk 12-13 3,445.00 - 5,772.39 Senior Center Specialist 12-13 3,445.00 - 5,772.39 Human Resources Technician 12-13 3,445.00 - 5,772.39 Permit Facilitator 12 3,445.00 - 5,195.03 I-Ielp Desk Technician 12 3,445.00 - 5,195.03 Administrative Assistant 11-12 3,099.55 - 5,195.03 Permit Speciaiist 11-12 3,099.55 - 5,195.03 Accounting Technician 11-12 3,099.55 - 5,195.03 Maintenance Worker 11-12 3,099.55 - 5,195.03 Office Assistant 11 10-11 2,789.41 - 4,675.75 Custodian 10 2,789.41 - 4,207.20 Office Assistant 1 9-10 2,510.78 - 4,207.20 Note : Slight rounding differences may exist between the figures reflected on this page and the actual payroll rates computed by the Eden Payroll System. see footnote for discussion CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 2, 2018 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report AGENDA ITEM TITLE: Governance Manual. PREVIOUS COUNCIL ACTION TAKEN: This manual was last updated November 1, 2016, with the approval of Resolution 16-012. Department Director Approval: ❑ ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session BACKGROUND: The Governance Manual Committee consists of Councilmembers Thompson, Wood and Woodard; and City Manager Mark Calhoun, City Attorney Cary Driskell, and City Clerk Chris Bainbridge. The Committee met several times through the spring and summer, which resulted in numerous suggested changes to the Governance Manual. There are also proposed minor edits throughout the manual for grammar or clarity purposes. A summary of the proposed changes are attached in track -change format: Introduction- Page 4 — this language was moved here since Chapter 6 is being deleted Chapter 1: Council Meetings Page 6 — this was deleted since it is covered under #14 on page 21 Page 10 — includes amending the agenda (introduced by a Councilmember and at least three other Councilmembers) Page 11 — process for proclamation Page 11 — states members of the public cannot "give" their speaking time to others Page 12 — removes the second opportunity for general Public Comments Page 13-15 — study session— re -worded and added order of business — including approval of agenda Page 17 — cancellation of meetings Page 21— New Item Council Business: see #5—"show of hands" ... of four or more Councilmembers Page 22-23 process for withdrawing a motion Page 24 — removed "abstained" (Councilmembers may not abstain from voting) Page 26 — public hearings and ordinance readings — Page 27 — public hearings and resolutions Page 27 - included community recognition program and proclamation Page 27 — Proclamations — two types Page 29 — members of the public may not "give away" any of their speaking time to someone else Chapter 2: Legislative Process Page 34 — clarifying verbiage about general process to fill a Council vacancy Page 35 — nominations for interview: majority instead of 3 votes. Removed the candidate questions. Page 38 — Travel Approval and Expense Page 39 — Cancellation of travel Chapter 3: Council Contacts Page 42 — Donations changed due to update of the Municipal Code. Chapter 4: State Statutes — chapter deleted; these are included in the endnotes. (new) Chapter 5: Committees, Boards, Commissions Page 49 — Removal Process- see also footnote about discussion on removal process. Page 50 — Finance Committee — updated to reflect the function of this Committee Page 51—added Governance Manual Committee & Agenda Committee and updated remainder of page 52 Chapter 6: Disclaimer — chapter deleted; these are included in the beginning of the Governance Manual. Appendix A: removed verbiage about Public Disclosure File and procedure on application; and noted actions for a quasi-judicial public hearing removed as that is contained in the Municipal Code Appendix C. Appendix E: updated the application. Appendix F: - new forms for requesting transfer of travel funds from one Councilmember to another; and for requesting to travel out of state over 50 miles Page 72: added endnotes as noted throughout the Governance Manual. Please note that some page numbers in the manual are highlighted so the City Clerk can double check the references once the document is finalized. Also the Index and Table of Contents will be updated once all changes are accepted and approved by Council. OPTIONS Discussion, and possible consensus to move some, all or none of these changes forward via a Resolution to amend the Governance Manual, with or without further changes; or schedule for additional discussion. RECOMMENDED ACTION OR MOTION: Council discretion. BUDGET/FINANCIAL IMPACTS: n/a. STAFF/COUNCIL CONTACT: Chris Bainbridge, City Clerk. ATTACHMENTS: Governance Manual red -line (track -change) version. Spokane _..Va11ey Governance Manual Adopted by Resolution 16-012 A Comprehensive Collection of Rules and Procedures Adopted November 1, 2016 Resolution 03-028 adopted 05-13-2003, replaced by Resolution 04-013 adopted 05-25-2004, replaced by Resolution 05-021 adopted 09-13-2005, replaced by Resolution 06-022 adopted 11-14-2006, replaced by Resolution 07-020 adopted 12-11-2007, replaced by Resolution 09-012 adopted 09-08-2009, replaced by Resolution 10-020 adopted 12-28-2010, replaced by Resolution 12-002 adopted 04-10-2012, replaced by Resolution 13-005 adopted 04-23-2013, replaced by Resolution 14-003 adopted 02-25-2014, replaced by Resolution 15-007 adopted 08-11-2015, replaced by Resolution 16-012 adopted 11-01-2016, replaced by Resolution 18 - Page 1 of 74 TABLE OF CONTENTS Introduction 4 Executive Summary 5 CHAPTER 1: Council Meetings 8 A. General 9 1. Time and Location 9 2. Open to the Public 9 3. Presiding Officer 9 B. Meetings 10 1. Regular Meetings 10 a. Formal Format 10 b. Study Session Format 12 c. Executive Sessions 14 2. Special Meeting 15 3. Emergency Meetings 16 4. Pre -Agenda Meeting 16 5. Cancellation of Meetings C. Meeting Rules and Procedures 17 1. Council Rules of Order 17 2. Quorum 17 3. Seating Arrangement 17 4. Attendance 17 5. Respect and Decorum 18 6. Dissents and Protests 18 7. Councilmember Meeting Participation by Telephone/Video Conference 18 8. Internet Use, Texting- 18 9. Adjournment Due to Emergency or Disruption 19 10. Permission Required to Address the Council 19 11. Approaching the Dais 19 12. Out of Order (sequence) Requests 19 13. Photographs, etc. Requiring Artificial Illumination Prior Permission Required 20 14. Placing Items on an Agenda 20 15. Motions and Discussion 20 Table of Parliamentary Procedure at a Glance 22 16. Voting 23 17. Recusal from Discussion and Consideration 23 18. Conflict of Interest 23 18. Ordinances 25 19. Resolutions 25 - 20. Community Recognition Program 21. Proclamations 228. Taxes: Increasing or imposing new taxes 25 2-4-237 Hearings 26 2422. Reconsideration 27 253_. Council Materials/packets 28 264. Three Touch Principle 28 CHAPTER 2: Legislative Processes and Procedures 29 A. Election of Council Officers 30 B. Filling Council Vacancies: Permanently Filling a Vacancy 31 Page 2 of 74 C. Legislative Agendas 35 D. Council Travel AllocationProvisions 35 E. Council Expense Reimbursement Policy FE. Ballot Measures 35 CHAPTER 3: Council Contacts 37 A. Citizen Contacts and Interactions 38 1. Mayor/Council Correspondence 38 2. Citizen Concerns, Complaints and Suggestions to Council 38 3. Administrative Complaints to Individual Councilmembers 38 4. Social Media 38 5. Donations 38 B. Staff Contacts and Interactions 39 1. Role of the City Manager 39 2. City staff Attendance at Meetings 39 3. City Clerk — Minutes 39 4. Administrative Interference by Councilmembers 39 5. Informal Communications Encouraged 40 CHAPTER 4: Statc Statutes 41 A. Open Public Meeting Act 42 B. Public Disclosure: Public Records Act 42 C. Appearance of Fairness Doctrine 42 CHAPTER Committees, Boards, Commissions 44 A. Regional 45 1. Committees 45 2. Council Relations with Boards, Commissions, Advisory Bodies 45 B. In-house 45 1. Standing Committees ...45 a. Planning Commission 45 b. Lodging Tax Advisory Committee . 46 c. Finance Committee 46 C. Private Committees, Boards, Commissions 48 CHAPTER 6: Disclaimer 49 • B Use 49 Appendices: A. Public Hearings, Quasi -Judicial 50 B. Resolution 07-019 Core Beliefs 53 C. Statement of Ethics 55 D. Frequently Used Acronyms 56 E. Application for City Council Member F. Travel Forms GE. Definitions 59 Index 60 Endnotes 62 Page 3 of 74 INTRODUCTION In December 2002, prior to our City's official incorporation, then Mayor DeVleming appointed three members of Council to serve on an ad-hoc Governance Coordination Committee for the purpose of drafting Council Rules of Procedure, to serve as an aid to effective legislative and organizational harmony, and to provide procedural rules to conduct meetings efficiently, fairly, and uniformly. The end -product legislation of that Committee's four-month process was approved by Council at the May 13, 2003 Council meeting. That historic first manual also included Resolution 03-027, a General Policy Resolution of Core Beliefs, which was amended by Resolution 07-019, and which can be found in full in Appendix B on page 53. Not unlike other guidance manuals, this Manual too has undergone several changes since its inception. While some sections have remained static over the years, such as Council meeting time and location, other sections have been modified to include Internet use, filling Council vacancies, the use of social media, and the option for Councilmembers to view their packet electronically. The Manual is usually reviewed annually and at times amended to recognize additional topics or for clarification as the need arises. This Manual is designed to provide guidance for the City Council and is not intended to be an amendment or substitute for any state statutes, city ordinances, court decisions, or other authority. The rules and policies in this manual do not constitute land use regulations, official controls, public hearing rules or other substantive rules binding upon or to be used or relied upon by members of the public, and do not amend statutory or other regulatory requirements. Page 4 of 74 EXECUTIVE SUMMARY FOUNDATION: The City of Spokane Valley incorporated March 31, 2003, and is a non -charter code city operating under a Council -Manager plan of government as outlined in chapter 35A.13 RCW Optional Municipal Code for Council -Manager plan of government. Under this form of government, there are two branches of government: legislative and administrative. PURPOSE OF CITY GOVERNMENT: The general purpose of local government is to promote the social, economic, environmental and cultural well-being of the community, to ensure that resources are used efficiently and effectively, to ensure transparency and accountability in decision-making, and to provide the prudent use and stewardship of local community resources. These statements should be considered the lens through which this Manual is intended and through which the actions of the City Council and staff are viewed. The City recognizes that individual rights are critically important in our society, and the City is committed not to infringe upon those rights whenever possible. Good governance should reflect the will of the citizenry and can only occur as a result of an open public process: "All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights." (Washington State Constitution Article I, Section 1) OBLIGATIONS: The City acknowledges the importance of complying with the Open Public Meetings Act and the Public Records Act: "The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created." RCW 42.30.010 and 42.56.030. RCW 42.30.010 Open Public Meetings Act: "The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly." Unless as part of an executive session, Councilmembers shall not meet as a quorum of four or more in a non-public meeting. A quorum of four or more Councilmembers shall also not meet as part of a web conference dealing with City business, nor a conference call, serial communication, social media or even a "straw poll" in executive session. The Open Public Meetings Act does not prohibit a quorum or more of Councilmembers meeting at social gatherings or events provided City issues are not discussed. If Councilmembers are involved in a violation of the Open Public Meetings Act, and are aware that their actions violate the Act, they may be personally liable. If the violation is not intentional, the City may still be liable for attorney's fees. However, elected officials' right to speak freely and gather publicly is protected by the First Amendment of the U.S. Constitution. RCW 42.56.030 Public Records Act: "This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern." PRIORITIES: Priorities are public safety, pavement preservation, transportation and infrastructure, and economic development. Additional information on priorities and Council goals can be found in each year's budget, as well as the City's Business Plan. BASIC TENETS: Council's core values and basic tenets of governing can be found in Resolution 07-019, which is included in its entirety in Appendix B on page 53 of this Manual. Page 5 of 74 BRANCHES OF CITY GOVERNMENT: The Council is the legislative branch of the City government. Council appoints an officer whose title shall be "city manager" and who shall be the chief executive officer and head of the administrative branch of the City government. "The City Manager shall be responsible to the Council for the proper administration of all affairs of the code city." RCW 35A.13.010. Legislative Branch: City Council. The City Council consists of seven elected officials, each elected to four-year terms. Individual Councilmembers do not have governing power as individuals, but only when meeting as a Council when a quorum (four or more) are present. Council represents the City residents and business owners of the City of Spokane Valley, and is the law -making, policy-making, and budget and spending approval authority of the City government. Council hires, directs, guides and evaluates the performance of the City Manager. The City Manager shall be appointed for an indefinite term and may be removed by a majority vote of the Council (RCW 35A.13.130), or as otherwise agreed to by contract. For functions of the Mayor and Deputy Mayor, see also Chapter 3(B)(1) of this Manual. Some of the duties, responsibilities, and limitations of each Councilmember: • As a representative of City residents, brings the experience, concerns and knowledge of a typical City resident to City government. • As an elected representative, pays attention to the needs, wants and concerns of all City residents and businesses. • Contacts residents and businesses to gather feedback and ideas. The resulting information may be shared with staff or other Councilmembers. • Study information related to the government and administration of the City, including internal and external written information and information received from City employees. • Develop a collegial relationship with City employees, but avoid giving directives or saying anything that could be taken as an attempt to influence the conduct of the employee's job. • Give feedback and ideas regarding City government and administration to the City Manager. • Work with one or two (more than three working together violates the Open Public Meetings Act) other Councilmembers on studying issues and/or sponsoring Resolutions and Ordinances. • Participate in assigned City and regional committees and all Council meetings, special and regular. • Make a motion ove (or second such motion) to amend an agenda or a motion. • When acting in the capacity of Councilmember outside of Council meetings, communicate that any personal opinion is the opinion of the individual Councilmember and not that of the collective Council, unless pre -authorized to speak, as Council does not want the public to assume that any individual personal opinion represents that of the entire Council. Councilmember's freedom of speech is protected by the U.S. and Washington State Constitutions. Provided there is no quorum, Councilmembers may work together on City Council -related projects and discuss City business in non-public meetings. No permission is needed, nor is notice required to be given for such gathering. • At the appropriate time during a Council meeting, any Councilmember may ask that an item be placed on a future agenda or as a pending item. If during the meeting there is no consensus from the majority of Council, or later if the Agenda Committee deems the item should not be placed on an agenda, during a future Council meeting a consensus of three Councilmembers may move the item forward to a future agenda or as a pending item, consistent with staff workloads. (see also Placing Items n an Agenda, page 20) • Call a Special Meeting of the City Council. Pursuant to RCW 35A.12.110, "Special meetings may be called by the Mayor or any three members of the Council by written notice delivered to each member of the council at least twenty-four hours before the time specified for the Page 6 of 74 proposed meetings." However, if there is no quorum at a meeting, there is no meeting. Notice of Special Meetings should be distributed via the City Clerk. Administrative Branch: The City Manager and City Staff. The City Manager is the City's chief executive officer and head of the administrative branch. The City Manager, an at -will position, reports directly to the Council. All staff work under the direction of the City Manager, who is directed by the City Council. 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." (See Ch. 3(B)(1) of this Governance Manual, and page 39 for description of the City Manager Authority.) This summary is not intended as a substitute for the material contained throughout the entire Governance Manual. Although this summary is provided as a quick and concise overview of the Governance Manual, reading of the entire manual is strongly encouraged. The Table of Contents, as well as the Index is intended to be beneficial in locating desired topics of discussion. Page 7 of 74 CHAPTER 1 Council Meetings Page 8 of 74 A. General 1. Council Meetings - Time and Location Regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m. (RCW 42.30.070) 2. Council Meetings - Open to the Public All meetings of the City Council and of committees thereof shall be open to the public except as provided for in RCW 42.30.110' (Executive Sessions), or RCW 42.30.1402 (Open Public Meetings Act). 3. Presiding Officer The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties unless specifically set forth herein. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by majority vote of the remaining members of the Council, shall act as Mayor during the continuance of the absences [RCW 35A.13.0353]. The Mayor, Deputy Mayor (in the Mayor's absence) or Mayor Pro Tem are referred to as "Presiding Officer" from time to time in these Rules of Procedure. Page 9 of 74 B. Meetings 1. Regular Meetings a. Formal Format 1. Normally held 2nd and 4th Tuesdays. The City Clerk, under the direction of the City Manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting, a copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, appropriate staff, and the media who have filed a notification request. 2. Requests for presentations from outside entities or individuals to be placed on a future agenda, will only be permitted if they are considered the official business of the City. Such requests should be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. The City Clerk shall consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Playing of videos, DVD's, PowerPoints, or other electronic presentations shall be pre-screened and pre -approved by the City Manager who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. 3. Forms of Address. The Mayor shall be addressed as "Mayor (surname)." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Members of the Council shall be addressed as "Councilmember (surname)" unless waived by the Presiding Officer. 4. Order of Business. The business of all regular formal meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the "amended agenda." a. Call to Order by the Presiding Officer b. Invocation c. Pledge of Allegiance d. Roll Call (See Chapter 1, C4 [page 17] for procedure to excuse an absence) e. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time -sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmembertke Presiding Officer, with concurrence of at least three other Councilmembers, or by the City Manager and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall then consider a motion to approve the amended agenda. ("Three -Touch Principle" should be followed whenever possible.) It is preferable that any motion to amend the agenda be made at the onset of the meeting in place of `Approval of Agenda,' recognizing that there will emergencies or other situations when such motion to amend the agenda might need to be made at other times during the meeting. f. Introduction of Special Guests and Presentations. g. Councilmember Reports. Council or government -related activities (e.g. synopsis of committee, commission, task force or other board meetings). These verbal reports are intended to be brief, City work-related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the City on a regional board, committee, task force Page 10 of 74 or commission, whether as a formal or informal member or as a liaison. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. h. Mayor's Report. Same as `g' above except given by the Mayor i. Proclamation. The Mayor will announce the proclamation, announce who has requested this proclamation and after the Mayor reads the proclamation, invites that person or other appropriate person to the podium. The original proclamation will be handed to that appropriate person by the City Clerk or the Mayor, and the individual will be permitted to speak for one or two minutes. j. Public Comments. 1. An opportunity for public comments on subjects not on the agenda for action. Speakers may sign in to speak, but it is not required. Speakers -are limited to three minutes each unless modified by the Presiding Officer; however, members of the public shall be prohibited from allocating any of their own speaking time, to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum, and not an opportunity for extended comments or dialogue. Although the City Council desires to allow the opportunity for public comment, the business of the City must proceed in an orderly, timely manner. At any time the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption or undue delay of other necessary business. a. Procedure for all public comments: 1. Verbal: Comments shall only be made from the podium microphone, first giving name, city of residence and subject. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. The public shall be reminded that this is not an opportunity for dialogue or questions and answers, but public comment. When appropriate, staff shall research issues and report back to those making the comment as well as to Council. Verbal pPublic comments are opportunities for speakers to briefly address Council, and those speaking are to address members of Council and not the audience. In order to prevent disruption of the Council meeting, members of the public are asked to refrain from distributing materials to the audience, since Council meetings are not a public forum to address the audience. Since this is an opportunity for verbal public comment, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the City, graphs, charts, posterboards, PowerPoint presentations, or other display materials are not permitted, although written comments and written materials including photographs and petitions may be submitted to Council via the City Clerk. 4a. Demonstration, applause or other audience participation before, during or at the conclusion of anyone's public comments is prohibited. Any disruptive behavior, as determined by the Presiding Officer, shall be cause for removal from the meeting room. eb. Any ruling by the Presiding Officer relative to these subsections -on public comments may be overruled by a vote of a majority of Councilmembers present. €c. Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required, scheduled, or held. (See Chapter 4 for procedure for taking public comment on legislative matters.) Unless solicited and scheduled, comments shall not be permitted relative to any future or possible/probable future ballot issue. (See Chapter 2, F Ballot Measures.) 2. Written. Citizens have the option of submitting written views, opinions, comments, data and arguments to Council on any topic and at any time, not just prior to or during public Council meetings. Unless the Mayor asks the Clerk to read written comments, or the citizen reads their own prepared written comments, such comments shall not be read aloud during regular or special Council meetings although they shall be included as part of the public record on the topic and if appropriate, may be publicly acknowledged. Any written comments submitted to Council via the City Clerk shall be distributed to Council by placing copies at each Councilmember's workstation or City desk; or in the case of e-mailed or other electronic comments, shall be forwarded to Council via e-mail, unless such e-mail has already been supplied to members of Page 11 of 74 Council . If individual Councilmembers receive written (including electronic) public comments or materials for the purpose of reading/sharing those materials during Council meetings, those materials should be submitted to the City Clerk prior to the Council meeting so the Clerk can make copies for later distribution to members of Council. 3. Electronic: Councilmembers shall avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns to the entire Council at once. (See also C8 Internet Use) k. Public Hearings (See Chapter 4 for procedural details) 1. Consent Agenda 1. Items which may be placed on the Consent Agenda are those which: (1) have been previously discussed by the Council; (2) can be reviewed by a Councilmember without further explanation; (3) are so routine, technical or nonsubstantive in nature that passage without discussion is likely; or (4) otherwise deemed in the best interest of the City. 2. The proper Council motion on the Consent Agenda is: "I move approval of the Consent Agenda." This motion has the effect of moving to approve all items on the Consent Agenda. Prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting, or the matter may be addressed immediately after passage of the remaining items on the Consent Agenda. m. Unfinished Business [includes matters that were pending when a previous meeting adjourned, or matters specifically postponed to the present meeting] n. New Business [Action items are designated as New Business] Any member of the public who wishes to verbally address the Council on an action item on the current agenda, shall proceed to the podium at the time when comments from the public are invited during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. The Presiding Officer may also invoke a sign -in procedure. If necessary the Presiding Officer in consultation with the City Manager and/or City Attorney shall rule on the appropriateness of verbal public comments as the agenda item is reached. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. o. Public Comments [Same as j above] (Three minute time limit each) po. Administrative Reports or tracking of an administrative issue or topic. fta Information Only Items These items are generally not discussed or reported. Ar. City Manager Comments rs. Executive Session (as required) (See Chapter 1, section Blc below) st. Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. When a motion is made to adjourn into Executive Session for a specified period of time, and if the executive session is the last item on a regular agenda, -no additional motion is needed to extend the meeting beyond 9:00 p.m. since that is implied as part of the motion to adjourn into Executive Session. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular formal Council meeting, unless the Council by a majority vote of members present determines otherwise. Page 12 of 74 b. Study Session Format 1. Normally held 1st3rd and 5t1 Tuesdays. The purpose of the study session format is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. Action items should normally not be included on a study session agenda, although there likely will may be times when due to deadlines or other pressing or time sensitivepertinent issues, action items must be included. Study sessions shall be in a less formal setting than regular formal meetings. Council may be seated other than at the dais, but shall not discourage public observation. Unless there are designated action items which permit public comment, there shall be no public comment at study sessions although the Council may request staff or other participation in the same manner as a regular formal Council meeting. The City Clerk, under the direction of the City Manager, shall arrange a Council study session agenda for the meeting. A copy of the agenda and accompanying background materials shall be prepared for Councilmembers, the City Manager, appropriate staff and the press, on or before 4:30 p.m., one day before the meeting. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise, the City Clerk shall prepare a hard copy agenda packet for individual Councilmembers. 2. The Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to mala a motion and vote on approving the "amended agenda." 24. Action Items. Although action items may occasionally be included on a study session agenda, it is the preference practice of Council to keep those instances to a minimum. Because a study session is a recognized meeting according to the "Open Public Meetings Act," it is permissible for Council to take final action during these meetings. As in the formal format meetings, public comment will be allowed on action items. 34. Unexpected Motions,:_ Because study sessions are usually understood by the public and media as referring to meetings at which Council -considers and discusses items and does not take final action or vote, it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council's practice to invite public comment after most motions, it would be inappropriate to make a "surprise" motion unless there is a rare special circumstance. Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media, the practice is discouraged. 5. Discussion Leader's Role. During the Council study session, the discussion leader should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to .schedule the topic for a motion or official direction of the Council. 64. Presiding Officer's Role. The role of the Presiding Officer is to facilitate Councilmembers engaged in free flowing discussion without the necessity of each Councilmember being recognized by the Presiding Officer. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all Councilmembers have the opportunity to be heard, and to keep the discussion properly focused. -5 Outside Requests. -Outside requests to be included on a Council agenda for presentations from outside entities or individuals will only be permitted if they are considered the official business of the City. Such requests should be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. The City Clerk shall consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Council agenda. Page 13 of 74 Playing of videos , DVD's, PowerPoints, or other electronic presentations shall be pre-screened and pre - approved by the City Manager, who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, shall be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. 106. Forms of Address. Councilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. 7. Order of Business. The business of all study session meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously, without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the "amended agenda." a. Call to Order b. Roll Call. The City Clerk shall conduct a roll call of Councilmembers (See Chapter 1, C4 page 17 for procedure to excuse an absence.) c. Approval of Agenda/Amended Agenda. In case of an emergency or an extremely time -sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, with concurrence of at least three other Councilmembers, or by the City Manager and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council shall then consider a motion to approve the amended agenda. ("Three -Touch Principle" should be followed whenever possible.) It is preferable that a motion to amend the agenda be made at the onset of the meeting in place of `Approval of Agenda,' recognizing that there will emergencies or other situations when such motion to amend the agenda will be made at other times during the meeting. d. Presenter's Role. During the Council study session, the presenter should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to schedule the topic for a motion or official direction of the Council. e. Advance Agenda f. Information Only Items These items are generally not discussed or reported. g. Council Check-in: The purpose of this item is to allow Councilmembers an opportunity to report on an activity or key issue which either just arose, needs immediate or imminent action, or to simply report on something on connection with their role as a Councilmember, that transpired since the last Council meeting. It is also an opportunity for Councilmembers to bring up topics for clarification or to address other upcoming concerns. h. City Manager Comments: The purpose of this agenda item is to allow the City Manager the opportunity to brief Council on activities or issues which either just arose, needs immediate or imminent action, or to simply inform Council of items that transpired since the last Council meeting, or will occur before the next Council meeting. i Adjourn. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. 8. Council Comments. The purpose of this agenda item is to allow Councilmembers an opportunity to report on an activity or key issue which either just arose, needs immediate or imminent action, or to simply report on something in connection with their role as a Councilmember that transpired since the last Council meeting. It is also an opportunity for Councilmembers to bring up topics for clarification, or to address other upcoming concerns. Pre scheduled materials Council wishes to share as part of the Council packet, may also be included on study session agendas under "Council Comments." Page 14of74 9. City Manager Comments. The purpose of this agenda item is to allow the City Manager the opportunity to brief Council on an activity or issue which either just arose, needs immediate or imminent action, or to simply inform Council of items that transpired since the last Council meeting. 10. Forms of Address. Councilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. 11. Roll Call. The City Clerk shall conduct a roll call of Councilmembers. (See Chapter 1, CSI page 17 for procedure to excuse an absence.) c. Executive Sessions 1. If Council holds an Eexecutive sessions, -it shall be held pursuant to the Open Public Meetings Act, 42.30 RCW Chapter 12.30. 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; when the executive session will be concludedthc approximate length of time for the executive session; and the likelihood of Council taking action at the close of the executive session and return to open session. a. At the close of the executive session and upon Council's return to chambers, the Presiding Officer declares Council out of executive session, and asks for the appropriate motion (i.e. an action motion or a motion to adjourn). b. To protect the best interests of the City, Councilmembers shall keep confidential all verbal and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers (RCW 42.524) and/or the Public Records Act (RCW 42.565). 2. RCW 42.30.110 explains the purpose for holding an executive session, some of which include: a. RCW 42.30.110(1)(b). To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price (pending land acquisition)_; b. RCW 42.30.110(1)(g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public [Nftote_ stating that an executive session is to discuss a "personnel matter" is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.] (review qualifications of a public employee) c. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public (review qualifications of an elected official), d. RCW 42.30.110(1)(i). To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel_representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. For purposes of this subsection Page 15 of 74 (1)(i), "potential/pending litigation" means matters protected by Rules of Professional Conduct (RPC) 1.6 or RCW 5.60.060(2)(a) concerning: (i1) Litigation that has been specifically threatened to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party; (2i -i) Litigation that the agency reasonably believes may be commenced by or against the agency, the governing body, or a member acting in an official capacity; or (3444) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. 3. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.1606 that the public be made aware of the preliminary agendas of meetings in advance of the meeting, but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action on the matter would not be taken at the executive session, it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. [MRSC Index - General Government -Executive sessions.] Although amending the agenda is not required in order to adjourn into executive session, it is a good practice for the Mayor to announce at the beginning of the meeting, that Council will be adjourning into an executive session at the end of the regular meeting. 4. Attendance at Executive Sessions. The City Attorney or Deputy City Attorney shall attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session other than the Council, is determined by the City Manager. 2. Special Meetings ad-. Meetings set at days, times, and places other than Tuesdays at 6:00 p.m. in the Spokane Valley City Council Chambers shall be deemed "special meetings," such as joint meetings with other jurisdictions or entities (Board of County Commissioners, Planning Commissioners), and Council workshops or retreats. b-2. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.1707, 35A.12.1108). Written notice of the special meeting shall be prepared by the City Clerk. The notice shall contain information about the meeting, including date, time, place, and business to be transacted and shall be posted on the City's website and displayed at the main entrance of the meeting location (RCW 42.30.0809). The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting (RCW 35A.12.11010). The noticing regarding such decision to hold a special meeting (made by the Mayor or any three Councilmembers), shall be handled by the City Clerk's Office through the City Manager. c3. The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.08011, that is: (a) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (b) As to any member who was actually present at the meeting at the time it convenes, and (c) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. 4d- Agendas shall be drafted in a form submitted by the City Clerk, approved by the City Manager, and distributed in a manner similar to agendas for formal and study session meetings. The processes and rules for agenda content apply to regular formal, study session format, as well as special meetings. e. Agenda Items: Special meeting agendas may include action and non -action items. It is the practice of Council to allow time for the public to comment on action items and the "public comment" Page 16 of 74 should be so noted on the agenda. Once the Special Meeting Agenda has been published and distributed, the agenda may be amended provided the amended agenda is distributed to Councilmembers and to the media, and posted on the City's website and at the meeting doorway, at least 24 hours in advance of the special meeting. Final disposition shall not be taken on any other matter at such meeting, which means that the governing body may address other matters not identified in the special meeting notice or agenda, provided 'final disposition' regarding such matters is not taken(RCW 42.30.080(3)12) Council may not pass a franchise ordinance at a special meeting [RCW 35A.47.040]. 3. Emergencv Meetin2s: Emergency Council meetings may be called by the Mayor or any two Councilmembers, consistent with the provisions of 42.30 RCW. Meeting time, location and notice requirements do not apply to emergency meetings called for emergency matters as permitted by RCW 42.30.070, 42.30.080, and 42.14.075: "If, by reason of fire, flood, earthquake, or other emergency, there is a need for expedited action by a governing body to meet the emergency, the presiding officer of the governing body may provide for a meeting site other than the regular meeting site and the notice requirement of this chapter shall be suspended during such emergency." [RCW 42.30.070] "The notices provided in this section may be dispensed with 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." [RCW 42.30.080(4)] "Whenever, due to a natural disaster, an attack or an attack is imminent, it becomes imprudent, inexpedient or impossible to conduct the affairs of a political subdivision at a regular or usual place or places, the governing body of the political subdivision may meet at any place within or without the territorial limits of the political subdivision on the call of the presiding official or any two members of the governing body. After any emergency relocation, the affairs of political subdivisions shall be lawfully conducted at such emergency temporary location or locations for the duration of the emergency." [RCW 42.14.075] 4. Pre -Agenda Meetin2s: The City Manager, City Clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to review the Council agenda of the upcoming meeting, which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impending meeting. This meeting also serves as an opportune time to discuss the Advance Agenda, which is a planning document to aid in scheduling items on future Council agendas. (see also internal committees) 5. Cancellation of Meetings: State law does not require any specific procedure for canceling an upcoming meeting, however, notice of the cancellation to the public, Councilmembers, and staff should be given by the Clerk in a similar manner that notice is given for a special meeting. The decision to cancel a meeting will be made by the Agenda Committee and noted on the Advance Agenda. The noticing of such decision will be handled by the City Clerk through the City Manager. Upon cancellation of a formal meeting, either the study session immediately before such meeting or the study session immediately after such meeting, shall include an opportunity for general public comment. C. Meeting Rules and Procedures 1. Council Rules of Order Page 17 of 74 The City Clerk shall serve as the official parliamentarian for all Council meetings, and shall keep a copy of the most current "Robert's Rules of Order" (RONR) in Council Chambers during Council meetings. 2. Quorum At all regular and special meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time to time, provided that written notice of said adjournment is posted on the exterior Council Chamber doors pursuant to RCW 42.30.09013. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.17014, 35A.12.120'5) 3. Seating Arrangement Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 4. Attendance 4-a. Unexcused Absences: A Councilmember's responsibility to attend Council meetings should not be taken lightly, nor should a decision to remove a Councilmember for missing meetings. Pursuant to RCW 35A.12.06016 "a council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council." As soon as possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Councilmember must request a leave of absence if they desire to remain on the Council. At a third consecutive meeting where a Councilmember is not excused and there has been no request for a leave of absence, the absent Councilmember's office shall be forfeited effective immediately. 21r. Excused Absences: Members of Council may be excused from meetings with prior notification to the Mayor, City Clerk, or City Manager prior to the meeting, and by stating the reason for the inability to attend. Acceptable excuses for missing meetings may include death of a family member, family or personal illness, inclement weather, accident, scheduled vacations, family or personal emergency, or unusual or unforeseen circumstances. Following or prior to 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. The motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the City Clerk shall make an appropriate notation in the minutes. 4c- Leave of Absence: 1a. A Councilmember whose serious health or physical condition would prevent them from performing the duties of Councilmember may ask to be placed on a leave of absence under the following conditions: a) Such serious health or physical condition must be certified in writing by a medical physician. b) The request for a leave of absence shall be in writing, and hand -delivered or mailed to the Mayor, City Clerk, or City Manager at least one week prior to the date when such leave would commence. c) The request for a leave of absence must state the anticipated date the Councilmember will resume their duties. d) By majority vote of the whole Council, a leave of absence shall be granted as follows: 1) The absence shall not exceed 90 days from the date the motion is passed by Council 2) The absent Councilmember shall retain pay and medical benefits during the leave of absence 3) At the end of the 90 -day leave of absence, the absent Councilmember shall either: Page 18of74 a) Return to normal Council duties commencing with the first Tuesday following the end of the 90 -day leave; or b) be subject to RCW 35A.12.060 concerning three consecutive absences, beginning with the first Tuesday following the end of the 90 -day leave. bd. A leave of absence may only be granted twice during a Councilmember's four-year term, with no less than six months between each request. Upon approval of a leave of absence, the absent Councilmember shall not be replaced with a pro -tem Councilmember during the absence. 5. Respect and Decorum It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices, City staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum and a Councilmember shall neither by conversation or otherwise, delay or interrupt the proceedings of the Council, nor disrupt or disparage any Councilmember while speaking. Councilmembers and the public shall comply with the directives of the Presiding Officer. Any Councilmember making disruptive, disparaging or impertinent remarks, or unreasonably disturbing the business of the Council shall be asked to cease such disruption. Any other person attending a Council meeting who disrupts the meeting in such a fashion that the Council is impaired in its ability to attend to the business of the City, may be asked to leave, or be removed from the meeting. At any time during any Council meeting, any Councilmember may object to personal affront or other inappropriate comments, by calling for a "point of order." After the Councilmember is recognized by the Presiding Officer and the Councilmember explains their point concerning respect and decorum, or lack thereof, the Presiding Officer shall rule on the remark. If the person making the remark is a Councilmember, the Presiding Officer may ask the Councilmember to cease. If the person making the remark is a member of the public, the Presiding Officer shall determine if the remark is actually disruptive, and whether the remark has impaired the ability of the Council to attend to the business of the City. If so, the Presiding Officer shall seek the removal of that person from the meeting. Continued disruptions may result in a recess or adjournment as set forth in #9 below. 6. Dissents and Protests Any Councilmember shall have the right to express dissent from or protest verbally or in writing, against any motion, ordinance or resolution of the Council and have the reason therefore entered or retained in the minutes. 7. Councilmember Meeting Participation by Telephone/Video Conference Telephone/video conference participation by Councilmembers may be allowed provided that a quorum of Councilmembers shall be physically present for the Council meeting in question, and provided technical availability and compatibility of electronic equipment enables the conferencing Councilmember(s) to hear the proceedings, be heard by those present, and participate in Council discussion. More than one Councilmember may request participation via telephone for the same meeting, provided that those Councilmembers would be able to be reached at the same phone number, as the Council Chamber's current system can only accommodate the use of one telephone number per meeting. a. Requests to use telephone/video conference participation shall be approved by the Council by motion. Such participating Councilmember(s) shall be present and counted. So as not to disrupt the Council meeting, adequate notice shall be given to allow appropriate setup in time for the beginning of the meeting. b. Telephone/video conference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings, and the requesting Councilmember(s) shall declare that (s)he has reviewed the associated material (if any) provided for those hearings and/or proceedings prior to the time the vote will be taken by Council. 8. Internet Use Use of the City's network systems implies Council is aware of and understands that the system is provided to assist in the performance of their roles as Councilmembers, and as such, Councilmembers are obligated Page 19 of 74 to use, conserve and protect electronic information and information technology resources and to preserve and enhance the integrity of those resources which belong to the citizens of Spokane Valley. a. As noted on page 8, Councilmembers shall avoid accessing any electronic message during Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person to address their concerns. Likewise, Councilmembers shall avoid browsing the Internet of non -City business during Council meetings in order that Council's full attention can be given to the topic at hand. b. Information technology resources are provided for the purpose of conducting official City business. The use of any of the City's information technology resources for campaign or political use is prohibited, unless it such use has been determined by the City Attorney, Washington State Attorney General, or Washington Public Disclosure Commission, that such use is not a violation of RCW 42.17A.555'7 by the City Attorney, Washington State Attorney General, or Washington Public Disclosure Commission, or i as otherwise authorized by law, is absolutely prohibited. c. Confidential material shall not be sent via e-mail. d. All letters, memoranda, and interactive computer communication (e-mail) involving Councilmembers, the subject of which relates to the conduct of government or the performance of any governmental function, with specific exceptions stated in the Public Records Act (RCW 42.56) are public records. Copies of such letters, memoranda and interactive computer communication shall not be provided to the public or news media without filing a public record request with the City Clerk. With this in mind, texting concerning City business is strongly discouraged. e. E-mail communications that are intended to be distributed among all Councilmembers, whether concurrently or serially, shall be considered in light of the Open Public Meetings Act. If the intended purpose of an e-mail is to have a discussion that should be held at an open meeting, the electronic discussion should not occur, and Council discussion should wait until everyone has had ample opportunity to view the message before including such topic(s) on an upcoming agenda. 9. Adjournment Due to Emergency or Disruption In the event of an emergency such as a fire or other natural or catastrophic disaster, threatened violence, or inability to regain or retain good order, the Presiding Officer shall forthwith declare a recess, adjourn, or continue the meeting, and the City Council as well as everyone in the room shall immediately leave the meeting room. The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 10. Permission Required to Address the Council Persons other than Councilmembers and staff shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or City Manager. 11. Approaching the Dais by Members of the Public Once a Council meeting has been called to order, members of the public are prohibited from stepping between the speaker's podium and the dais, or stepping behind any part of the dais or stepping behind those sections adjacent to the dais which are occupied by staff. Citizens are also prohibited from distributing/placing materials on the dais, including video recording, still photography, tape recording, and other written handouts. If citizens wish Council to receive materials, those materials should be handed to the City Clerk prior to the meeting or during the public comment section of the agenda; and the Clerk will distribute the materials to members of Council. Council reserves the right to invite anyone forward to the podium to be addressed by Council. 12. Out of Order Requests Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During "Open Comments From the Public," such person may request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on Page 20 of 74 whether to allow ng er disa"owing the out of order request. Alternatively, the member of the public could also discuss their request with the Mayor prior to the meeting. 13. Photographs, Motion Pictures or Videos Requiring Artificial Illumination — Prior Permission Required No overhead projection, photographs, motion pictures, or videos 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. 14. Placing Items on an Agenda: a. Routine Council Business: Through the normal course of business, Council may move items forward to a future agenda by consensus, taking into account staff's work schedules as noted by the City Manager, unless the Council wants to discuss the item prior to staff's involvement. ba- New Item Council Business: At the appropriate time during a Council meeting (such as Council Comments, or Advance Agenda), a Councilmember may request to have items placed on a future agenda. Each request shall be treated separately. The City Manager is most familiar with staff's workload and shall determine when the item can be prepared and brought forward to Council, unless the Council wants to discuss the item prior to staff's involvement. The following process shall be used to propose an item for a future Council meeting: 1) A Councilmember may propose an item and give a brief explanatory background of the issue and its importance to the City. 2) Councilmembers may ask clarifying questions but should not engage in debate. 3) The item shall be considered at the next meeting of the Agenda Committee taking into account legal or other appropriate scheduling issues as determined by the City Manager or legal issues as determined by the City Attorney, unless Council wants to discuss the item prior to staff's involvement. 4) The Agenda Committee may place the item on a future agenda or as a pending item; or 5) The Agenda Committee may determine not to place the item on a future agenda or as a pending item, in which case and the Mayor or Deputy Mayor shall notify the proposing Councilmember who then has the option of bringing the issue up again during the advance agenda portion of a meeting for further discussion. At that time by a show of hands„ a consensus of fourtlee or more Councilmembers may move the item forward to a future agenda. elr. Staff: except for routine items such as those found on most Consent Agendas, requests for items to come before Council shall be routed through the City Manager or come directly from the City Manager as part of the normal course of business. 15. Motions and Discussion a. Order of Procedure: 1. Member of Council makes a motion by stating: "I move .. ." After tThe motion is seconded- Staff makes their presentation- Mayor asks Council if there are any questions for staff, Once all questions have been addressed, the staff member steps away from the podium to allow for the public comment opportunity. 2. The Mayor invites public comments. Public comments should be limited to one comment per person per topic and limited to three minutes. The Mayor reminds the public this is time for comments and not discussion; and if the public has questions, those questions shall be addressed by staff at another time outside the meeting. Page 21 of 74 3. The Mayor opens the floor to Council for discussion _The maker of the motion normally begins the discussion. The discussion must have bearing on whether the pending motion should be adopted (RONR §43); and can be prefaced by a few words of explanation, but must not become a speech (RONR §4). All Council remarks should be addressed through the Mayor. 4. When discussion has ended, the Mayor re -states the motion or asks the Clerk to re -state the motion. Once the motion is re -stated, the Mayor calls for the vote, which is normally taken by voice. The Mayor or the Clerk then states whether the motion passed or failed. b. In General: 1. Except in rare circumstances, Council motions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. 2. Agenda items scheduled for Council action shall require a motion by a Councilmember before discussion unless by majority vote the Council suspends the requirement. If a motion fails, the agenda item shall be considered concluded. However, said item could be reconsidered if done during the same meeting, or through Council majority vote could be brought back at a later meeting to "rescind an action," or to "amend something previously adopted." (Mayoral appointments excepted. See Committees for further discussion.) 3. Councilmembers should direct questions to the City Manager or the designated presenter. 4. Main motions are made when no other motion is pending (see chart below). They are debatable and subject to amendment. Since seconding a motion means "let's discuss it," if there is no second but discussion ensues, the matter of having a second to proceed is moot and the motion can proceed. However, if there is no second and no discussion, the motion does not progress. Note that the motion does not "die for a lack of a second" but it merely does not progress. 5. The maker of a motion can withdraw their motion with the approval of the majority of Councilmembers (see notes below table below). without the consent of the seconder, and if the mover modifies the motion, the seconder may withdraw the second. The person making the motion is entitled to speak first to the motion. A maker of the motion may vote against the motion but cannot speak against their own motion. 6. No one should be permitted to speak twice to the same issue until everyone else wishing to speak has spoken. All remarks shall be directed to the Presiding Officer and shall be courteous in language and deportment (Robert's Rules of Order Newly Revised, Article VII, Section 43, Decorum in Debate), keeping in mind it is not the Councilmember, but the measure that is the subject of debate. 7. When an amended motion is on the floor, the vote is taken on whether to adopt the amendment. If adopted, the next vote is on the fully amended motion. 8. Motions should be reserved for items marked on the agenda for action, so as to avoid any surprises for Council, staff and the public. Page 22 of 74 Parliamentary Procedure at a Glance Roberts Rules of Order § IF YOU WANT TO YOU SAY INTERRUPT NEED 2' Can be Debated Can be Amended VOTE 11 Postpone indefinitely (the purpose is to prevent action or kill an issue.) I move to postpone ... . (an affirmative vote can be reconsidered; a negative vote cannot.) indefinitely No Yes Yes No Majority 12 Modify wording of motion I move to amend the motion by .. . No Yes Yes Yes** Majority 14 Postpone to a certain time Ex: I move to postpone the motion to the next Council meeting. No Yes Yes Yes Majority 16 Close debate I move the previous question, or I call for the question *** No Yes No No Majority* 17 To Table a motion I move to lay on the table, the motion to No Yes No No Majority 19 Complain about noise, room temperatures etc Point of Privilege Yes Yes Yes Yes Chair decision 20 Take break I move to recess for .. No Yes No Yes Majority 21 Adjourn meeting I move to adjourn No Yes No No Majority 23 Object to procedure or personal affront Point of Order Yes No No No Chair decision 25 Suspend rules I move to suspend the rules and .. . No Yes No No Majority* 34 Take matter from table I move to take from the table the motion to No Yes No No Majority 35 Reconsider something already disposed of I move we reconsider action on .. . No Yes Yes Yes Majority It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote. If the intended purpose is to postpone, then the motion to postpone should be used. If more information is needed or desired in order to make the most informed vote possible, then an option would be for the maker of the motion to simply withdraw the motion. The consent of the seconder is not needed to withdraw a motion, however, withdrawal of a motion should be done with the approval of a majority of Councilmembers present [Mayor, I request permission to withdraw my motion. The Mayor asks if there is any objection, and if none, the motion is withdrawn. If there is objection, the Mayor will call for a voted While a motion is still on the table, no other motion on the same subject is in order. The motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. The motion to "Lay on the Table" is out of order if the evident intent is to kill or avoid dealing with a measure. (Robert's Rules of Order Newly Revised, 10 Edition) *(Robert's Rules of Order Newly Revised states 2/3 vote required. Council direction is to base vote on majority except on matters where 2/3 (or majority plus one) is required by state statute. * * If the main motion to amend can be amended. * * *Call for the Question: if it is felt that debate on a motion on the floor has continued longer than warranted, a member of Council may "call the question." The "call for the question" is a motion to end debate and vote immediately. If this "call for the question" motion is passed by a majority vote, then the vote must be taken on the original debated motion on the floor. Page 23 of 74 16. Voting The votes during all meetings of the Council shall be transacted as follows: a. The Presiding Officer shall first call for a vote from those in favor of the motion, followed by a call for those opposed to the motion, and afterwards shall state whether the motion passed or failed. Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice or a show of hands. At the request of any Councilmember or the City Clerk, 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. Unless otherwise provided by statute, ordinance, or resolution, in case of a tie vote on a motion, the motion shall be considered lost. c. Every member who was present when the question was called, shall give his/her vote. If any Councilmember refuses to vote "aye" or "nay," their vote shall be counted as a "nay" vote unless the Councilmember has abstained or recused themself due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand. d. The passage of any ordinance, grant or revocation of franchise or license, and any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council (RCW 35A.12.12018). Except as provided in "e" below, all other motions or resolutions shall require an affirmative vote of at least a majority of the quorum present. e. Majority Plus One: The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as a budget amendment (RCW 35A.33.09019), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.19020) 17. Recusal From Discussion and Consideration. Situations may arise when a Councilmember should consider whether to recuse themselves from the consideration and decision-making on a particular item. These situations can arise in various ways, including having an interest in a contract being considered by the City, or when a Councilmember has a bias in some fashion regarding an issue before the Council. For additional discussion and explanation, please see Appendix C — Spokane Valley Councilmembers' Statement of Ethics. The overarching goal of the conflict of interest laws is to prevent municipal officers from engaging in self-dealing. Seattle v. State, 100 Wn.2d 232, 246 (1983). [Self-dealing is defined as a situation in which a fiduciary acts in his own best interest in a transaction rather than in the best interest of his clients. A fiduciary is legally obligated to act in the best interest of his clients.} {A fiduciary is a person to whom property or power is entrusted for the benefit of another.] a. Prohibited acts. There are some conflicts which cannot be waived, and some actions in which Councilmembers shall not engage. RCW 42.23.070 prohibits municipal officers from: (1) Using "his or her position to secure special privileges or exemptions for himself, herself, or others." (2) Directly or indirectly giving or receiving or agreeing to receive "any compensation, gift, reward, or gratuity from a source except the employing municipality, for a matter connected with or related to the officer's services as such an officer unless otherwise provided for by law." (3) Accepting employment or engaging in business or professional activity that "the officer might reasonably expect would require or induce him or her by reason of his or her official position to disclose confidential information acquired by reason of his or her official position." (4) Disclosing confidential information "gained by reason of the officer's position, nor may the officer otherwise use such information for his or her personal gain or benefit." Page 24of74 b. Conflict of interest contracts. In contractual matters, Councilmembers are required to avoid directly benefitting from contracts entered into by the City. When a Councilmember is aware that they may benefit from such a contractual relationship, they are required to recuse themselves. Other situations may arise where a Councilmember may indirectly benefit. In these circumstances, the determination of whether a conflict of interest exists such that they should recuse themselves will have to be made by that Councilmember based on facts and circumstances known at the time. c. Bias for or against a proposed action. There will be situations for each Councilmember where, based upon their current or prior work or personal relationships, that Councilmember may not be able to participate in a discussion and decision on a given issue because they likely can't be objective. In such an event, the Councilmember must give due consideration to their potential to be predisposed, and whether they believe they can objectively consider and decide on the issue. If the answer is yes, then the Councilmember may proceed. If this self-analysis is difficult as to whether the Councilmember can be objective, but the determination is that they can, the Councilmember should strongly consider disclosing the nature of the potential bias to the Council, and then announce whether they believe they can or cannot proceed. If the Councilmember does not believe they can be reasonably objective, they should recuse themselves from the discussion and consideration. The purpose for recusal under such circumstances is that the Council wants the public to have the utmost confidence that decisions are made objectively, and that all citizens and businesses will be treated equally and fairly. d. Process and Disclosure: When a Councilmember determines recusal is appropriate, or when it is required by law, the Councilmember shall announce that they need to recuse themselves, explain the factual circumstances, then step off the dais and out of the Council chambers. A staff member will retrieve the Councilmember once that issue is finished being discussed. The determination of whether to recuse oneself from an issue, and then formally recusing, shall occur before any discussion has taken place on that issue to ensure that Councilmember does not participate in the matter in any fashion. e. The following is an example of appropriate language where recusal is warranted: Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I have known the owners of * business for * years, am friends with them, and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. OR Following careful analysis and consideration, I think it is appropriate for me to recuse myself from any discussion and decision on this matter. I own a business that competes directly with the business at issue, and believe it would be most appropriate for me not to participate in this matter. As such, I will recuse myself and step out of the room. f. The following is an example of appropriate language where the Councilmember determines that he/she does not need to recuse themselves from the matter: Following careful analysis and consideration, I think it is appropriate for me to participate in the discussion and decision on this matter. Although I am somewhat familiar with this matter from my prior associationfricndship with *, I believe I can be objective and unbiased. As such, I will not recuse myself, and will participate with the rest of the Council in the discussion and decision. Page 25 of 74 18. Ordinances Except for unusual circumstances or emergencies, ordinances and resolutions shall customarily be prepared, introduced and proceed in accordance with the "Three Touch Principle." Prior to final passage of all ordinances or resolutions, such documents shall be designated as drafts. a. A Councilmember may, in open session, request of the Presiding Officer that the Council consider enacting an ordinance for a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration, a committee, or the Council for consideration. The committee or administration shall report its findings to the Council. The City Manager may propose the drafting of ordinances (RCW 35A.1321). Citizens, Boards and Commissions may also propose consideration of ordinances and resolutions. b. Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution, once on the agenda, he or she should so announce, make the initial motion and provide an introduction of the measure. c. Ordinances shall normally have two separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the City Clerk prior to its passage. However, if a Councilmember requests that the entire ordinance or certain sections be read, such request shall be granted. Printed copies shall be available upon request to any person attending a Council meeting. d. The provision requiring two separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. (This would require a successful motion to suspend the rules and pass the ordinance on a first reading.) e. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost, unless a subsequent motion directs its revision and resubmission to first reading. f. Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts, incidents, transactions or decisions occurring before such repeal. g. Council may not pass a franchise ordinance at a special meeting [RCW 35A.47.040Z21. h. The passage of any ordinance, grant or revocation of franchise or license shall require the affirmative vote of at least a majority of the whole membership of the Council. i. The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war; and provisions for a lesser emergency, such as a budget amendment (RCW 35A.33.09023), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.19024) j. Occasionally, an ordinance will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on a budget, amended budget, proposed tax, or moratorium, and an ordinance approving that item. When that occurs, after the public hearing has been closed and Council moves to the ordinance action item, public comment shall not be taken on the ordinance since it was just taken as part of the public hearing process. Public comment will also not be taken during the ordinance's second reading at a subsequent Council meeting.l- 19. Resolutions A resolution may be approved on the same day it is introduced. While it is not necessary to have the title of a resolution read aloud, Council may invoke the two reading procedures described above to facilitate public understanding and/or comment on the resolution. If Council invokes the two reading procedures, a Councilmember may request that the entire resolution or certain sections be read, and such request shall be granted and the City Clerk shall read as requested. Printed copies shall be made available upon request to any person attending a Council meeting. 1 In order to keep the public hearing "pure" there will be no comment on the associated ordinance, and the presiding officer will remind the public at the time of the hearing, and at the second reading, that there will be no public comment since the ordinance is connected with a public hearing. Page 26 of 74 a. The passage of any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. b. Occasionally, a resolution will be on an agenda the same night as a public hearing on the same topic, such as a public hearing on an amended Transportation Improvement Program, and a Resolution approving that amendment. When that occurs, after the public hearing has been closed and Council moves to the resolution action item, public comment shall not be taken on the resolution since it was just taken as part of the public hearing process. 20. Community Recognition Program: a. In an effort to acknowledge outstanding citizens, businesses and organizations who have made a significant contribution, or have had or continue to have, a positive impact on the citizens of our community, the Council has implemented a Community Recognition Program. b. Eligibility: Must be a citizen/resident or an owner/operator of a business within Spokane Valley City limits. City of Spokane Valley elected officials, staff members and their relatives are not eligible for nomination, however, they may submit nominations. There is no limit to the number of nominations one may submit. c. Selection: will be made by the Mayor with confirmation by the Council. If selected, recognition will take place at a City Council meeting and depending upon the nature of the nomination, the honoree will be presented with a proclamation, certificate of appreciation, and/or a key to the City. d. Process: Nominations shall be submitted on a Community Recognition Form, addressed to the City Clerk, and may be made at any time. e. Selection of these recipient(s) will typically be held during a formal format Council meeting, under the Agenda Item of Introduction of Special Guests and Presentations. 21. Proclamations: a. Ceremonial proclamations not associated with the Community Recognition Program. 1. These proclamations are not statements of policy but are a means by which the City can recognize an event, group or individual. As part of the ceremonial duties of the Mayor, the Mayor is charged with approval of proclamations at his/her discretion; and reserves the right to decline any proclamation request as well as the right to make exceptions to these guidelines and procedures. Individual Councilmembers will not issue proclamations, and requests for a proclamation should be directed to the Mayor or the City Clerk. 2. Proclamations will be considered for approval which will proclaim certain events or causes when such proclamation positively impacts the community and conveys an affirmative message to Spokane Valley residents. Proclamations will not be considered which are potentially controversial, political or religious in nature unless approved by the majority of Councilmembers. 3. Proclamations can be issued at the discretion of the Mayor, and may be for organizations, individuals, or businesses within or outside Spokane Valley's jurisdiction. b. Procedure for proclamations to be read at a Council Meeting: 1. The person making the request need not be a Spokane Valley resident 2. Requests should be made at least four weeks in advance of the scheduled Council meeting 3. The person asking for the proclamation should agree to be in attendance or have someone attend in their stead 4. The City Clerk will inform the requestor whether the proclamation request is approved 5. The person making the request shall draft the proclamation and send it to the City Clerk once approval is given Page 27 of 74 6. The City retains the right to modify and/or edit the proposed proclamation as it sees fit 7. It is the Council's preference to have proclamations read at formal meetings, which are generally held the 2111 and 411 Tuesdays; however, proclamations may be read at Study Sessions due to scheduling conflicts. c. For those instances where proclamations are requested for events other than to be read at an open Council meeting, the same procedure as above shall be followed, but instead of having someone at a Council meeting to officially receive the proclamation, the City Clerk will mail the proclamation to the requestor, or it can be hand -carried by the Councilmember attending the event to read the proclamation. d. Reading of these proclamations will typically take place at a formal format Council meeting, immediately after the Mayor's report, or could take place as the first agenda item on a Study Session. 220. Taxes: Increasing or Imposing New Taxes The Council strongly believes in fiscal restraint, and that increasing the tax burden on its property owners and citizens by increasing or imposing new taxes should be avoided except as a last resort. In addition to complying with all applicable statutory requirements, increasing or imposing new taxes should only be done as follows: a. As requested by the City Council, the City Manager in consultation with the Finance Director, shall notify the City Clerk of Council's desire for a proposed ordinance, and ask the City Attorney to prepare a draft ordinance. b. Within 14 days following notice to the City Clerk, the City Clerk shall publish a notice of public hearing once a week for two consecutive weeks in the official newspaper of the City, stating 1) the date, time and place of Council's public hearing 2) the purpose of the hearing: that a tax increase or new tax has been proposed 3) that a copy of the proposed draft ordinance shall be furnished to any City taxpayer who requests it; and 4) that any City taxpayer may appear and provide verbal or written comment for or against the proposed draft ordinance. c. Preceding such public hearing, staff will provide an administrative report to Council describing the financial deficit and need for the increased or new tax; and if Council concurs and after the public hearing, the proposed draft ordinance shall proceed as follows: 1) Proceed with a first reading of the proposed draft ordinance (same or different meeting as the public hearing) 2) Second reading of the proposed draft ordinance at a subsequent meeting. d. Approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the whole Council. 231. Hearings: [note: See Appendix A for quasi-judicial hearings] a.4. Purpose 1. Held to obtain public input on legislative decisions on matters of policy 213, Are required by state law in such matters as comprehensive plan use plans, or annual budget 3s. Do not involve legal rights of specific private parties in a contested setting 4d. Affect a wide range of citizens or perhaps the entire jurisdiction 5e. Decisions reached as a result of these hearings are not second-guessed by the courts, and if challenged, are reviewed only to determine if they are constitutional or violate state law b-2. Process Page 28 of 74 le. 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 se -desire. Individual comments shall be limited to a specific amount of time as determined by the Presiding OfficerTime limits should be placed on individual comments if many people are intending to speak, and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing may be stated by the Presiding Officer at the beginning of the hearing: a. 4—All public comments shall be made from the speaker's podium, shall be directed to the Mayor and Council, and any individual making comments shall first give their name and city of residence. Speakers may be asked to spell their last nameThis is required because an official recorded transcript of the public hearing is being made. b.-2= No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. c. 3. _Unless otherwise determined by the Presiding Officer, all public comments by the publie shall be limited to three minutes per speaker and members of the public are not permitted to give any of their own speaking time to other members of the public. This time is an opportunity to hear from various members of the public in a limited public forum, and not an opportunity for extended comments or dialogue. d.4—_At the discretion of the Presiding Officer, members of the public shall only speak once per issue. e 5. _There shall 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. f. 6. _Unless read and/or handed in by the individual speaker during the public hearing, previously received written public comments shall be read by the City Clerk at the pleasure of the Mayor. In the interest of time, the Mayor may limit the reading of such comments; to the Clerk reading who the letter or written material is from, and if easily discernible, whether that person is for or against the issue at hand. All written comments become an official part of the record. g7These 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. 2h. The Presiding Officer declares that the public hearing on the topic at hand is open, notes the time for such opening, and asks staff to make their presentation. 3e. After staff presentations, the Presiding Officer calls for public comments. 44. 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 shall be recalled to the podium. 5e. The Presiding Officer declares the public hearing closed and notes the time for such closing. 2324. Reconsideration 1. The purpose of reconsidering a vote is to permit change or correction of an erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote. 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: Page 29 of 74 a. 4—any action previously reconsidered; b. 2. motions to adjourn or motions to suspend the rules; c. 3. an affirmative vote to lay an item on, or take an item from, the table; d. 4. a previously passed motion to suspend the rules; or e. 5. a vote electing to office one who is present and does not decline. 2. Such motion for reconsideration: a. 4—shall be reconsidered during the same Council meeting; b. 2. shall be called up when no business is pending (no action is pending); c. cif action is pending, the Mayor asks the Clerk to note that the motion to reconsider has been made and shall be taken up when a member calls the motion to reconsider the vote when no other business (action) is pending; d. 4 -shall be made by a member who voted on the prevailing side on the original motion. This means a reconsideration can be moved only by one who voted aye if the motion involved was adopted, or no if the motion was lost. It is permissible for a Councilmember who cannot make such a motion, but believes there are valid reasons for one, to try to persuade someone who voted on the prevailing side, to make such a motion. e. 5. a member who makes this motion should state that he or she voted on the prevailing side; f. 6. needs a second, and can be seconded by any member; g. 7. is debatable if the type of motion it reconsiders is debatable; and h. 8. is not amendable and requires a majority vote to adopt. 3. Step 1: A member of Council who voted on the prevailing side makes the motion, such as "I move to reconsider the vote on the resolution relating to holidays. I voted for [or against] the resolution." This motion needs a second, which can be seconded by any Councilmember. 4. Step 2: If the motion for reconsideration is adopted, the original motion is then placed before Council as if that motion had not been voted on previously; and Council again takes that motion under discussion, followed by a new vote. 5. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter, may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five days advance notice of such discussion and/or action. 23-5. Council Materials a. Council Material Councilmembers and staff should read the agenda material and ask clarifying questions of the City Manager or other appropriate staff prior to the Council meeting when possible. Council recognizes there are times when Councilmembers may wish to bring additional documentation to a meeting on a specific subject, whether that subject is on the agenda or not, in order to share with Council and staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Council meeting, or if distributed during a meeting, Councilmembers should indicate they would like the materials considered are for a future meetingreading, since except in an emergency, Councilmembers would normally not take time at the dais to read material just received. Pre - scheduled materials Council wishes to share as part of the Council packet could also be included on study session agendas under "Council Comments." b. Council Packets Councilmembers shall personally pick up their agenda packets from their City desk, unless otherwise arranged by the Councilmember or further directed by Council. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise, the City Clerk shall prepare a hard copy agenda packet for individual Councilmembers. Page 30 of 74 c. Packet Materials Request for Council Action form (RCA): This is a cover sheet used by staff to introduce an agenda item. It includes the agenda item title, citing of governing legislation associated with the topic, previous Council action taken, and background on the topic. Options for Council consideration are also included, as well as a staff recommended action or motion. The options and recommended action or motion should be viewed as aids to Council in making a motion or taking action, but should not be thought of as obligatory, as Council always has the option of making a motion different from what is included on the form. Generally, by the time an item is ready for a motion, Council has already read, heard, and/or discussed the item at least three times (such as an informational item, an administrative report, and lastly as an action item), and the wording of a motion would not normally be controversial, although it is important to state the motion as a motion, such as "I move to" or "I move that" or other similar language. 264. "Three Touch Principle" Decision makers and citizens at all levels of the City should have adequate time to thoroughly consider the issues prior to final decisions. It is the intent of the Council that the Council and administration shall abide by the "Three Touch Principle" whenever possible. These procedural guidelines are designed to avoid "surprises" to the City Council, citizens and administrative personnel. Any request or proposal for adopting or changing public policy, ordinances, resolutions or City Council directives which require a decision of the City Council or administration, should "touch" the decision makers three separate times. This includes verbal or written reports, "information only" agenda items, or any combination thereof. To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." It is recognized that unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstances arise which justify a "first discussion" decision, the persons requesting the expedited decision should also explain the timing circumstances. This principle excludes staff reports and other general communications not requiring a Council decision. Page 31 of 74 CHAPTER 2 Legislative Process Page 32 of 74 A. Election of Officers Procedures for electing officers are as follows: 1. Biennially, at the first meeting of the new Council, the members thereof shall choose a Presiding Officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, -election of a Deputy Mayor shall be conducted in the same manner. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.03025) 2. The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nominations. Each member of the City Council shall be permitted to nominate one person, and a nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. 3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. Selection of Mayor and of Deputy Mayor shall each be determined by majority vote of Councilmembers present. The City Clerk shall publicly announce the results of the election. Thereafter, the City Clerk shall record the individual Councilmember's vote in the minutes of the meeting. 4. If the first round of votes results in no majority vote of Councilmembers present, the voting process shall be repeated no more than two more times. During subsequent votes, Councilmembers do not have to vote the same as they did in the previous vote. If after three attempts, Council is unable to agree on a Mayor by majority vote of Councilmembers present, the office of Mayor shall be temporarily filled by an Acting Mayor, which shall be the Councilmember who just previously served as Mayor if that person is still a member of Council, or if the previous Mayor is no longer a Councilmember, then by the Deputy Mayor, or if such person prefers not to serve as Mayor or if that person is no longer a member of Council, the Councilmember with the next highest seniority. The Acting Mayor shall continue in office and exercise such authority as is described in RCW 35A.1326 until the members of the Council agree on a Mayor, which shall be determined at the next scheduled Council meeting, at which time the role of Acting Mayor shall cease and terminate. 5. At the next scheduled Council meeting voting for Mayor shall proceed in the same manner as the initial first round of voting from the previous Council meeting, but Councilmembers shall only vote on the Councilmembers who received the highest number of votes. If after three voting attempts, there is still no majority vote of Councilmembers present, the vote shall be determined by whichever Councilmember has the most votes at the third voting attempt. If at that time, there is a two-way tie of Councilmembers receiving the most votes, the tie shall be broken based on the flip of a coin. The City Manager shall flip the coin. If there are more than two Councilmembers tying with the most votes, that tie shall be determined by another means of chance to narrow the Councilmembers down to two, at which time the outcome shall be determined by written ballot. Page 33 of 74 B. Filling Council Vacancies: 1. General Process: (Note that public comment shall not be taken during this entire process.) If a vacancy occurs on the City Council, the Council shall follow the procedures outlined in RCW 35A.13.02027 and Council's adopted procedure in compliance with RCW 35A.13.020,as well as RCW 42.12.070. The timeline will vary depending on when the process begins. Pursuant to RCW 35A.13.020, City Council has 90 days from the vacancy to appoint a qualified person to the vacant position. If this timeframe is not met, the City's authority in this matter would cease and the Spokane County Board of Commissioners would appoint a qualified person to fill the vacancy. In order to be qualified to run for Spokane Valley City Council, or hold such position, a person must be [RCW 42.04.02029] a citizen of the United States, 18 years of age or older, a resident of the City of Spokane Valley for a year or more preceding his or her election, a registered voter in the City of Spokane Valley at the time of filing the declaration of candidacy and at the time of filing the declaration of candidacy, if the candidate had ever been convicted of a felony, they must no longer be under the authority of the Department of Corrections, or currently incarcerated for a felony cannot be a convicted felon (unless those civil rights have been restored pursuant to Ch. 9.96 RCW). Pursuant to Per RCW 42.12, remaining members of Council shall appoint a qualified person to fill the vacancy as an interim position who will serve from the date of appointment until the person elected in the November odd -numbered year general election takes office, which is the date the election results are certified, normally around the 26th of November. (See also 35A.12.040) Immediately upon the election being certified, that just -elected person will take the oath of office, take their position as a member of Council, and complete the remainder of the unexpired term. a. Procedure for Filling a Council Vacancy, Timeline/Procedure-Publication: The City Clerk shall publish the vacancy announcement inviting citizens of the City who are interested and qualified to sit as a Councilmember, to apply on an application form provided by the City (see Appendix E for application). Qualifications to sit as a Councilmember are set forth in RCW 35A.13.020, which refers to RCW 35A.12.030: (1) must be a registered voter of the city at the time of filing his or her declaration of candidacy; (2) has been a resident of the city for a period of at least one year next preceding his or her election. Additional qualifications include those stated above under #1 General Processncvcr having been convicted of a felony, and that Councilmembers shall not hold any other office or employment within the Spokane Valley City government [RCW 35A.12.030]. In order to avoid any real or perceived conflict of interest, no member of Council's immediate family may be currently employed by the City of Spokane Valley since employment is considered a contractual matter, and a councilmember would have a prohibited interest in a contract between a family member who is an employee of the city, and the city. (See Appendix EA Definitions for description of immediate family.) If possible, the vacancy announcement shall be published for three consecutive weeks. b. The City Clerk shall establish the deadline to receive applications, for example, no later than 4:00 p.m. on a certain date. c. As per RCW 42.30.110(1)(h), set a special meeting with an executive session beginning at 5:00 p.m. Council shall meet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, Council shall return to Council Chambers and the Special Meeting shall be adjourned. d. Hold a regular 6:00 p.m. meeting, same evening as above special meeting. Pursuant toef RCW 42.30.110(1)(h), Council shall meet in open session and part of this agenda shall include selection of applicants to interview. Selection shall be by nomination and second. A vote shall be taken and candidates receiving a majority vote of those councilmembers present, three or more votes,. shall be interviewed. Immediately after this Council meeting or as soon as practicable, the Clerk shall send a list of potential questions to all those to be interviewed. Page 34 of 74 e. Schedule the conducting of the interviews for an upcoming a regular 6:00 p.m. Council meeting to conduct the interviews. Pursuant toef RCW 42.30.110(1)(h), the interviews shall be conducted during an open Council meeting. Each interview shall be a maximum of 30 minutes. f. Schedule a special 5:00 p.m. meeting with an executive session. Pursuant toef RCW 42.30.110(1)(h), Council shall meet and adjourn to executive session (closed session) to discuss applicants. After the discussion, the Special Meeting shall be adjourned as usual. g. Hold a regular 6:00 p.m. meeting, same evening as "f" above special meeting. Pursuant toef RCW 42.30.110(1)(h), Council shall meet in open session; and the last action item of that agenda will include a vote to fill the vacancy. Upon selection of the new Councilmember, that person shall be sworn in by the City Clerk, and take their seat at the dais. 2. Nomination Options for Conducting Interviews: a. After holding an executive session to review applications, during a subsequent open session, any Councilmember may 1) nominate an applicant to be interviewed 2) the nomination must be seconded 3) Councilmembers may make more than one nomination, but only one at a time 4) the Mayor shall ask if there are further nominations 5) if no further nominations, the Mayor shall close the nominations 6) votes shall be taken on each applicant in the order of nomination 7) votes shall be by raised hand 8) applicants receiving a majority three or more of votes of those Councilmembers present, shall be interviewed 9) once all voting has taken place, the City Clerk shall summarize which applicants shall be interviewed based on the voting outcome 10) as soon as possible after the Council meeting, the City Clerk shall notify each applicant to inform them if they will or will not be interviewed; notify those to be interviewed of the date and time for their interview, and send each person to be interviewed the list of possible interview questions; or 11)10) Instead of the above nomination process, after holding an executive session to review applications, Council may choose to interview all applicants.- 42-}11 the length of the interview shall be determined based upon the number of applicants 13)12) interviews shall be done in last -name alphabetical order 44}13) the City Clerk shall notify all applicants of the date, time and procedure for their interview 15)14) to keep the process as fair as possible, on the date of the interview, applicants not yet interviewed shall be asked to wait in a waiting area outside the Council Chambers and away from viewing or hearing the meeting's proceedings. OR b. If during open session, Council has nominated only one person to interview, or in the case of more than one vacancy, one person per vacancy, Council may forego the interview process and move to make the appropriate appointment. 3. Interview Questions/Process: a. During the interview, each Councilmember may ask each candidate a maximum of tip-te three questions, which includes any f. Follow-up questions are to be counted as one of the three questions. b. Candidates shall be interviewed in alphabetical order of last name. c. Candidates should be prepared to answer any of the following questions, even though every question might not be asked of each candidate, and Council has the option of asking questions not included in this list of potential questions. Council has the option of asking follow up questions up to a total of three Page 35 of 74 questions per candidate. Follow up questions are included as part of and not in addition to, the three maximum auesti d. Potential Council Applicant Interview Questions: 1. What is a Councilmember's primary responsibility to the citizens of Spokane Valley? 2. What are the most important issues our City faces today? 3. Please explain your view of the most difficult aspect of being a Councilmember. I . What do you think is the biggest challenge facing the City Council? 5. What are the three highest priorities the City needs to address and how do you propose to address these issues? 6. As a Councilmember, one of the most challenging issues we face is balancing the City budget. Keeping in mind that the majority of our revenue is from sales tax and property tax, how would you propose to strike a balance between revenues and expenses; and at what point, if at all, would you support additional revenues to maintain service levels? 7. Discuss your ideas on pavement preservation including solutions for long term sustainability of our roads. 8. How can we determine what the citizens want for the future of Spokane Valley? 9. What do you envision the City of Spokane Valley will be like ten and twenty years from now? 10. All total, Councilmembers sery responsibilities? It could mean several additional hours per month in addition to your Council duties. 11. Do you plan to run and/or actively campaign for the November election for what will be a four year term? 12. Have you attended Spokane Valley City Council meetings in the past? 13. What did you discover from attending Council meetings? 11. Why do you want to be on the City Council? 15. Please explain your familiarity with and understanding of our City's form of government, including the difference between Council and staff responsibilities. 16. What do you hope to accomplish as a Councilmember and what do you offer the City? 17. If the majority of the Council took a position that you were against, how would you handle 18. As a Councilmember, what new or different perspective would you bring to the City Council? 19. Are you aware and knowledgeable about the Open Public Meeting Act? 20. Arc you aware and knowledgeable about the Public Record Act? 4. Nomination and Voting Process to Select Applicant: a. Nomination Process: Councilmembers may nominate an applicant to fill the vacancy. A second is required. If no second is received, that applicant shall not be considered further unless no applicant receives a second, in which case all applicants who were nominated may be considered again. Councilmembers may not make more than one nomination unless the nominee declines the nomination and unless there is no second to the nomination; in which case the Councilmember make another nomination. Once the nominations are given, the Mayor shall close the nominations and Council shall proceed to vote. b. Voting Process. RCW 42.12.070 states that where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position. By adoption of this policy, Council has chosen the following process for making such appointment: 1) Except when there is only one nominee, a vote for an applicant shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. 2) The vacancy may only be filled when a majority of the remaining City Council (whether present or not) affirmatively votes for the applicant, i.e. if five City Councilmembers are present, this would require at least four Councilmembers voting for an applicant. If subsequent rounds of Page 36 of 74 voting are needed, each round of voting follows the same process. The Mayor may ask for Council discussion between voting rounds. 3) Round One Vote: The City Clerk shall publicly announce the results of the election. The applicant receiving the majority of votes shall be the new Councilmember. If no applicant receives a majority of votes from the City Council, then the three applicants receiving the most affirmative votes would be considered in a second round. 4) Round Two Vote: Round Two proceeds the same as Round One. If one of the three applicants still fails to receive a majority of affirmative votes, then the two applicants of the three who received the most affirmative votes would then be considered in a third round; or if there are only two applicants and they receive tie votes, a third round shall be taken. Councilmembers may change their vote between rounds. 5) Round Three Vote: Round Three proceeds the same as Rounds One and Two. If after this round, the vote of the two applicants results in a tie, then the City Manager, with concurrence of Council shall flip a coin to determine who shall fill the vacancy, with the applicant whose last name is closest to the letter A being assigned "heads" and the other person assigned "tails." In the rare circumstance where both applicants' last name begins with the same letter of the alphabet, the applicant whose entire last name is closest to the letter A shall be assigned "heads" and the other person assigned "tails." In the equally rare circumstance where both applicants have the same last name, the applicant whose first name is closest to the letter A shall be assigned "heads" and the other person assigned "tails." 5. Seating of New City Councilmember: Once an applicant either has received a majority of votes or wins the coin flip, if the appointed applicant is at the meeting, the City Clerk shall administer the oath of office, and the new Councilmember shall be officially seated as a City Councilmember. If the appointed applicant is not at the meeting, such action is not official until the applicant takes the oath of office. C. Legislative Agenda Councilmembers work each year (or sometimes every two years) to draft a "legislative agenda" to address Council ideas, suggestions and specific legislative programs in terms of upcoming or pending legislative activity in Olympia that would or could have an effect on our City. Additionally, Councilmembers have the option of creating a similar legislative agenda to address concerns on a national level, which can be addressed during Council's participation in the annual National League of Cities Conferences held in Washington, D.C. D. Council Travel .sAllocation Council is allocated a budget to handle certain City business-related travel expenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year shall be apportioned one-seventh (1/7) to each Councilmember. These monies may be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of City business. Periodic updated statements of expenditures shall be provided to each Councilmember by the Finance Department. Should a Councilmember exhaust their apportionment of funds, that person shall be responsible for payment of any travel and related expenses, or they may request a voluntary allocation from another Councilmember who has a balance in their travel apportionment. To be reimbursed for expenses incurred as part of City business, Councilmembers should timely (no later than thirty calendar days after return from such City business) submit detailed receipts with their reimbursement form. During the last six months of a Councilmember's current term of office, incurring City business-related travel expenditures requires the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or task forces. Page 37 of 74 E. COUNCIL EXPENSE REIMBURSEMENT POLICY The following policy was approved by unanimous Council vote February 7, 2017: Councilmembers are entitled to payment of and reimbursement for lawful expenditures incurred on official City business when such expenditures are within the allotted budget. The City shall not reimburse Councilmembers for meals or beverages with constituents when there is not at least a quorum present as that is not considered official City business. The City shall not reimburse an expense if that expense is reimbursable by another agency. 1. Travel Approval and Expense. a. General Travel: Each Councilmember shall be permitted to travel within the constraints of each Councilmember's allotted budget, which may also include donated allocation(s) from another Councilmember(s). (See Appendix F for Request Form.) ba. Out -of -State Travel. Out-of-state travel beyond 50 miles requires the prior approval of the Finance Committee. Such approval should be sought no later than one week prior to the travel. (See Appendix F for Request Form.) ch. In -State Local and Non -Local Travel. Each Councilmember shall be permitted to travel within the state of Washington within the constraints of each Councilmember's allotted budget, which may also include donated allocation from another Councilmember(s). de. Allowable Travel Expense. Allowed travel expenses include transportation, lodging, meals, and other related expenditures lawfully incurred by Councilmembers in the course and scope of their Councilmember duties. a. Meals and lodging are reimbursed at a cost deemed customary and reasonable. Meal receipts shall be itemized to receive reimbursement. b. Tips are allowable expenditures when they approximate 15% or less, unless the restaurant or personal service provider sets a mandatory group rate at a higher percentage. Reimbursement for tips is limited to food service, valet services, and taxi/ride share transportation. ed. Non -Reimbursement or Prohibition of Travel Expense. Unauthorized travel expenses include but are not limited to the following items, for which no reimbursement shall be allowed: a. Liquor b. Expense of a spouse or other persons not authorized to receive reimbursement under this policy c. Personal entertainment/movies d. Theft, loss, or damage to personal property e. Barber or beauty parlor f. Airline or other trip insurance g. Personal postage h. Reading material except for that associated with official City business i. Personal telephone calls j. Personal toiletry articles k. Dry cleaning/laundry service 1. Prohibited expenses charged to the City in error shall be immediately reimbursed. fe. Conferences/Meetings/Seminars. 1. Where a meal is included in a registration package, the cost of a meal eaten elsewhere is not reimbursable unless its purpose is to allow the conduct of City business. 2. For meetings or seminars hosted by an organization for which the City pays membership dues, lodging is limited to the amounts that are reasonable and necessary based upon the government or conference rate offered by the host hotel(s). 3. When an extra day's stay would reduce airfare beyond the extra day's hotel and meals, a Councilmember may stay an extra day. Page 38 of 74 2. Payment of Expenses. a. Use of City Credit Cards. Use of City credit cards for travel is authorized pursuant to chapter 2.65 SVMC. b. Prepayment. Examples of travel expenses subject to prepayment include registration fees, airline tickets, and certain lodging where the cost is part of the registration package. c. Direct Billing. Direct billing to the City for expenses such as meals and lodging is prohibited. d. Expense Reimbursement Report. Expense Reimbursement Forms shall be completed no less than monthly. Councilmembers shall complete the Expense Reimbursement Form and submit it to Finance, documenting the amount due the Councilmember, or City as appropriate. The actual amounts expended shall be written on the form with itemized receipts attached. The completed Expense Reimbursement Form shall be submitted to Finance within 45 days of month-end. Expense Reimbursement Forms submitted more than 45 days after completing travel shall not be honored. 3. Use of Personal Vehicle. a. Reimbursement. Expenses for the use of personally -owned vehicles in the course of City business are reimbursed at the then -current U.S. Government (IRS) rate. Councilmembers who use their personal car for City business shall carry, at a minimum, the Washington state required insurance coverage. Councilmembers shall be responsible for maintaining this coverage at their own cost. b. Passengers. Should more than one Councilmember travel in the same personal vehicle on City business, only the individual owning the vehicle is entitled to reimbursement for transportation. 4. Cancellation. A Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings, hotel, and airfare, or any other readvanced_ payment or obligation made on his/her behalf. Except in the case of a personal or family emergency, or in the event the cancellation was a City business decision, expenses incurred by the City resulting from failure to conform to cancellation deadlines are the personal responsibility of the Councilmember and the Finance Committee shall be informed, and those expenses shall be . In the event of cancellation, any money advanced shall be returned repaid to the City within fourteen calendar days of the cancellation. FE. Ballot Measures: 1. State Law RCW 42.17A 555. State law has enacted statutory prohibitions (with limited exceptions) against the use of public facilities to support or oppose ballot propositions: "No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of a public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency. However, this does not apply to the following activities: (1) Action taken at an open public meeting by members of an elected legislative body or by an elected board, council, or commission of a special purpose district including, but not limited to, fire districts, public hospital districts, library districts, park districts, port districts, public utility districts, school districts, sewer districts, and water districts, to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body, members of the board, council, or commission Page 39 of 74 of the special purpose district, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view. (2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; (3) Activities which are part of the normal and regular conduct of the office or agency." [emphasis added] 2. City's Implementation of RCW 42.17A.555 In the City's implementation of RCW 42.17A.555, the City Council shall not, during any part of any Council meeting, consider requests from outside agencies for Council to support or oppose ballot measures; nor shall Council permit any public comment on any proposed or pending ballot issue, whether or not such comments seek endorsement or are just to inform Council of upcoming or proposed ballot issues; nor shall Councilmembers disseminate ballot -related information. 3. Providing Informative Materials to Council The requestor has the option of mailing materials to individual Councilmembers via the United States Postal Office. Because even the use of e-mail for ballot purposes could be construed as use of public facilities and could be interpreted as being in violation of RCW 42.17A.555, materials should be sent via regular mail through the United States Postal Office. Information shall be objective only and not soliciting a pro or con position. 4. Public Comment. Council has chosen not to support or oppose ballot issues as those are left to the will of the people voting. The use of any of the City's facilities including the use of the Council chambers and/or broadcast system would likely be construed as being in violation of RCW 42.17A.555 and therefore, general public comment on ballot issues, or proposed ballot issues shall not be permitted. Page 40 of 74 CHAPTER 3 Council Contacts Page 41 of 74 A. Citizen Contact/Interactions Outside of a Council Meeting 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government, the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff shall work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding City business. This provision shall not apply to invitations for mayoral comments at various functions, nor requests for appointments or other incidental contact between citizens and the office of the Mayor. 2. Concerns, Complaints and Suggestions to Council When citizen concerns, complaints or suggestions are brought to any, some, or all Councilmembers, the Mayor shall, in consultation with the City Manager, first determine whether the issue is legislative or administrative in nature and then: a. If legislative, and a concern or complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or resolution of the City, the Mayor and City Manager may refer the matter to a future Council agenda for Council's recommendation in forwarding the matter to a committee, administration, or to the Council for study and recommendation. b. If administrative, and a concern or complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Mayor should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3. Administrative Complaints Made Directly to Individual Councilmembers When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the City Manager shall not be required to divulge information he/she deems confidential, in conformity with applicable statutes, ordinances, regulations, policies or practices. Although citizens' direct access to elected officials is to be encouraged to help develop public policy, City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in the past. In that case, refer to the paragraph above. 4. Social Media Councilmembers shall not use social media as a mechanism for conducting official City business, although it is permissible to use social media to informally communicate with the public. Examples of what may not be communicated through the use of social media include making policy decisions, official public noticing, and discussing items of legal or fiscal significance that have not been released to the public. As with telephone and e-mails, communication between and among Councilmembers via social media could constitute a "meeting" under the Open Public Meetings Act, and for this reason, Councilmembers are strongly discouraged from "friending" other Councilmembers. 5. Donations On occasion, Councilmembers could be contacted by citizens or businesses regarding donations. (See Spokane Valley Municipal Code 3.34.ghc City has administrative procedures to receive donations,-ai Councilmembers should direct the donor to contact the appropriate City staff. Councilmembers shall not Page 42of74 accept nor physically receive any donation. Councilmembers shall always be cognizant of their ethical responsibilities when discussing donations with citizens, including but not limited to a responsibility to avoid conflicts of interest, the prohibition on creating a special privilcgc or exemption for themselves or others, and from disclosing confidential information of the City. Councilmembers should avoid circumstances which are likely to give rise to a perception of a conflict of interest or of providing or procuring a special privilcgc or exemption. B. Staff Contacts and Interactions 1. Role of the City Manager The City Manager is the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the City Manager are defined by Washington law RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with the City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform legally defined duties and responsibilities without interference by the City Council in the day to day management decisions of the City Manager. 2. City Staff Attendance at Meetings a. The City Manager or his/her designee shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit; keep the Council fully advised as to the business of the City; and shall take part in the Council's discussion on all matters concerning the welfare of the City. (RCW 35A.13.080=0) b. It is Council's intent that the City Manager schedule adequate administrative support during Council meetings for the business at hand, keeping in mind that the City Manager must also protect the productive capability of department heads and of all staff. Required attendance at meetings by City staff shall be at the pleasure of the City Manager. 3. City Clerk - Minutes The City Clerk, or in the Clerk's absence the Deputy City Clerk shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In the absence of the City Clerk and the Deputy City Clerk, the City Clerk shall appoint a replacement to act as Clerk during the Council meeting. The Clerk shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or agreement reached, if any. As a rule and when possible and practical, regular meetings, or those Council meetings held at 6 p.m. on Tuesdays, (which includes formal format and study session format) shall be video -recorded. Special meetings shall not normally be video -recorded. Executive Sessions shall not be video or audio recorded. Original, signed and approved minutes shall be kept on file in the City Clerk's office and archived according to State Record Retention Schedules. Copies of the approved minutes shall also be posted on the City's website as soon as practical after such minutes are approved and signed. Whenever possible, video recordings of Council meetings shall -be posted on the City's website. 4. Administrative Interference by Councilmembers Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any Page 43 of 74 directives, tasks, or orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.120=1.) 5. Informal Communications Encoura&ed The above RCW 35A.13.120 requirement shouldis not le be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff. While maintaining open lines of communication, City staff responding to information requests from Councilmembers shall inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. Page 44 of 74 Wain R„EVIRED CODE OF WASHINGTON ANNOTATED Parallel Refererice 'Tables Cumulative Su pp lenient Page 45 of 74 A. OPEN PUBLIC MEETINCS ACT "The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter [RCW 12.30.010] that their actions be taken openly and that their deliberations be conducted openly." B. PUBLIC DISCLOSURE The City Clerk shall maintain a public disclosure file, which shall be available for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms filed with the State Public Disclosure Commission. 2. Public Rccords Act Adopted in 1972 by Initiative 276; now RCW 12.56: "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments they have created." a. A Public Record includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. b. Local governmental entities are mandated to adopt and enforce reasonable rules governing how the agency responds to requests [RCW 12.56.100] [See Spokane Valley Municipal Code 2.75] c. State statute requires a response within five business days, therefore, requests for public records acknowledgement of receipt of the request, with an estimated time given of when the request can be completed.) a. "The test of whether the Appearance of Fairness Doctrine has been violated is ... as follows: Would a disinterested person, having been apprised of the totality of a board member's personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist? If answered in the affirmative, such deliberations, and any course of conduct reached thereon, should be voided." Swift vs. Island County, 87 Wn.2d 318 (1976); Smith vs. Skagit County, 75 Wn.2d 715 (1969). b. Obligations of Councilmembers Procedure. Immediate self disclosure of interests that may appear to constitute a conflict of interest is hereby encouraged. Councilmcmbcr, should recognize that the Appcarancc of Fairness Doctrine does not require establishment of a conflict of interest, but whether there is an appearance of conflict of interest to the average person. This may involve the Councilmcmbcr or a Councilmcmbcr', business associate, or a member of the Councilmcmbcr', immediate family. It could, for example, involve ex parte (outside a meeting or hearing) communications, ownership of property in the vicinity, business dealings with the Councilmember's employer with the proponents or opponents, announced predisposition. Prior to any hearing or item for action (motion, resolution, ordinance), each Councilmcmbcr should give consideration to whether a potential violation of the Appcarancc 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 Page 46of74 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. c. Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis for disqualification is made known, or reasonably should have been made known, prior to the issuance of the decision. Upon failure to do so, the doctrine may not be relied upon to invalidate the decision consistent with state law. The party seeking to disqualify the Councilmember shall state with specificity the basis for disqualification; for example: demonstrated bias or prejudice for or against a party to the proceedings, a monetary interest in outcome of the proceedings, prejudgment of the issue prior to hearing the facts on the record, or ex parte contact. Should such challenge be made prior to a motion or hearing, the City Manager shall direct the City Attorney to interview the Councilmember and render an opinion as to the likelihood that an Appearance of Fairness Doctrine violation would be sustained in Superior Court. Should such challenge be made in the course of a public meeting, the Councilmember shall either recuse him/herself or the Presiding Officer shall call a recess to permit the City Attorney to make such interview and render such opinion. d. The Presiding Officer shall have authority to request a Councilmember to excuse him/herself on the basis of a the Appearance of Fairness Doctrine. Further, if two or more individuals may move to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness Doctrine violation. In arriving at this decision, the Presiding Officer or other Councilmembers shall give due regard to the opinion of the City Attorney. Page 47 of 74 CHAPTER 45 COMMITTEES, BOARDS, COMMISSIONS Page 48of74 A. Regional Committees, Commissions and Boards 1. Committees a. Spokane Valley Councilmembers and/or residents who seek representation on any standing committee, board, or commission required by state law, shall be appointed by the Mayor with confirmation by the Council. b. Appointment Process: Any committee, board, commission, task force, etc., requiring Mayoral appointment of committee members, shall also require confirmation by the Council, which shall be by majority vote of those present at the time the confirmation vote takes place. By majority vote, Council can reject the appointment. If Council fails to confirm the recommended appointment, the Mayor could either make another recommendation, or the appointment may be postponed to a later date, giving City staff opportunity to further advertise for committee openings. c. Removal Process: Any citizen or Councilmember on any committee, board, commission, task force, etc., requiring Mayoral appointment, may be removed by the mayor, with confirmation by the Council, which shall be by majority vote of those present at the time the confirmation vote takes place. Reasons for removal are neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive meetings. For those committees which require the appointee to be a Spokane Valley citizen, failure to qualify as to residency shall constitute a forfeiture. A Councilmember or citizen may resign due to conflicts of time or scheduling commitments, or other valid personal reasons. A vacancy on any board or commission shall be filled in the usual appointment manner.2 2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies a. The purpose of these appointments is to provide Council ih insight into Las of interest or concern within each board. As liaisons and representatives of the City, it is the duty of Councilmembers to remember that their sole purpose in attending these meetings and participating as an appointed board/committee member is to represent the City; and as such during those meetings, Councilmembers may not act as a representative of any other business, group or organization without the express consent of the Council. b. Councilmembers are encouraged to share with all Council -members, copies of minutes from any statutory boards, commissions, or committees on which they serve and participate. Communications from such boards, commissions and bodies to the City Council which seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Council may also bring such communication to the Presiding Officer's attention under the agenda item "Committee, Board and Liaison Reports." If any member of the Council requests that any such communication be officially answered by the Council, the Presiding Officer may place the matter on an agenda under New Business, Information, Council Comments (study session format), or other appropriate place, for a specific Council meeting, or take other appropriate action. Councilmember(s) may be designated by the City Council to take the lead on particular significant issues and to provide appropriate feedback of information to Council, in order to gain corporate approval and coordination of corporate efforts. No Councilmember may speak for the Council unless Council has designated that person as the lead on that particular issue. B. In -House Committees, Boards, etc. 1. Standing committees or commissions required by law shall be appointed by the Mayor for a time certain not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council. Such appointments are generally made at the first or second meeting in January. Following are established in-house committees: 2 Discussion: prior notice by Mayor of intent to remove? Page 49of74 a. Planning Commission -- 7 members. "SVMC 18.10.010 Establishment and purpose. There is created the City of Spokane Valley Planning Commission (hereafter referred to as the "Planning Commission"). The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's Comprehensive Land Use Plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. (Ord. 07 015 § 'I, 2007). 18.10.020 Membership. A. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City. B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City. Terms shall be for a three-year period, and shall expire on the 31st day of December. D. Removal. Members of the planning commission may be removed by the mayor, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the City Council regarding membership on the planning commission shall be final and without appeal. E. Vacancies. Vacancies that occur other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. F. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the City Council regulating the conduct of any person holding appointive office within the City. No elected official or City employee may be a member of the planning commission. (Ord. 07 015 § /I, 2007). b. Lodging Tax Advisory Committee -- 5 members. "SVMC 3.20.040 Lodging tax advisory committee. The City Council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The City shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the nominees. Nominations shall state the term of committee membership. Appointments shall be for one- and two-year terms. (Ord. 27 § 1, 2003)." c. Finance Committee-- 3 members. 11 a. The responsibility and authority for developing, adopting, modifying and monitoring the travel policies and procedures for reimbursement of expenses incurred while on official business of the City of Spokane Valley is delegated to the City Council Finance Committee. It is Page 50 of 74 recognized by the City Council that public officials and employees will periodically be required to travel and incur related expenses on behalf of the City. The purpose of the travel policies and procedures is to provide criteria for payment and/or reimburscmcnt of valid cxpcnscs. The Council directs that the Finance Committee consider the following in the development of travel policies and procedures: (A). Reimbursement for transportation costs when using personal automobiles including rates to be cstablishcd on a mileage or other reasonable basis and for airfare or other mode of travel; (B). Reimbursement for hotel/motel accommodations; (C). Reimbursement for (D). Reimbursement for incidental expenses such as parking, taxis, buses, rental cars, etc.; and (E). Such other matters that arc reasonably related to travel. b. The finance department, under the supervision of the Finance Committee, is directed to develop a fully itemized travel expense form which shall be used to administer the City travel policy and account for expenditures and reimbursement of officials or employees. Claims for reimbursement must be accompanied by receipts showing the amount paid and items/services received unless otherwise provided in the policies and procedures. All claims for reimbursement shall be duly certified by the individual submitting such claim on a form approved by the Finance Director in compliance with state regulations and guidelines cstablishcd by the State Auditor. For administrative staff, the City Manager or designee shall approve expenses and reimbursement. The City Council shall approve, through budget allocation, travel cxpcnscs and reimbursement for Council members. The Council reserves the right to review the travel policies and procedures of the City including modifying and amending the same from time to time. (Ord. 29 § 1, 2003)." The Finance Committee shall have no regularly prescribed duties or meetings, except the bills/payroll and warrant procedures required by state law, unless specifically charged by the City Council. The City Manager may request meetings to discuss matters of financial interest with the Finance Committee. (SVMC 3.35.010(D)), t —The Finance Committee of the City Council is authorized on short notice, to approve change orders on short notice that are in excess of the amounts authorized in SVMC 3.35.010(C) ; i.e. when aggregated are less than 15% of the original contract amount, or up to $200,000, whichever is less, in order to subsection C of this section, in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event, the City Manager shall provide appropriate information to the City Council at its next regular meeting setting forth the factual basis for the action. (Ord. 07 001 §2, 2007; Ord. 03 072§ 2, 2003.). d, Governance Manual Committee — 5 - 6 members This committee usually consists of two or three Councilmembers, the City Manager, the City Attorney, and the City Clerk. The purpose of this Committee is to periodically review the Governance Manual for edits needed for clarity or correction, or to add or edit specific sections by Council consensus, or by request of staff as the need arises. After discussion as a committee, the matter may be scheduled as an administrative report on a future Council agenda. The finalized Governance Manual shall be approved via Resolution. e. Agenda Committee — Mayor, Deputy Mayor, City Manager, City Clerk On a fixed rotation scheduled annually as determined by the Mayor at the beginning of the calendar year, a third Councilmember will be invited to attend this weekly meeting. Other staff may be invited at the discretion of the City Manager. As noted in Chapter 1(B)(4), this Committee generally meets at a fixed weekly time to review the Council agenda of the upcoming meeting as an opportunity to ask questions and gather any additional materials or research needed for the impending meeting; and to discuss the Advance Agenda, a planning document to aid in scheduling Page 51 of 74 items on future Council agendas. Since this is a standing committee of the Mayor, Deputy Mayor, City Manager, and City Clerk, no committee appointments are necessary. 2. When required by law, committee meetings should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre -study. 3. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of "sunsetting" the committee at the conclusion of the assigned task. As with all committee vacancies, ads announcing a vacancy or soliciting membership or participation in a task force or other committee shall be placed on the City's website, and in the City's official newspaper. '1. Council Liaison. Appointments shall be by the Mayor and confirmed by the Council for a time certain not to exceed the term of the appointing Mayor. Individual members of the Council may be assigned as liaisons whose duties involve keeping current with a group or activity by either attendance when the group or activity takes place, or communication with appropriate leaders so the liaison Councilmember can keep Council informed. Liaisons may, at times, advocate Council actions on behalf of their assigned group or activity. Extreme care must be taken to avoid an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with agencies or circumstances where such possibilities may exist (i.e.: Planning Commission quasi judicial). Liaison functions and duties may be further defined and/or directed by the Presiding Officer with concurrence of Council. 5. Task Force. The City Council may create, and confirm the Mayor's recommendation to appoint members to small task force groups. A task force is a temporary group formed and "tasked" by legislative authority to study a specific subject for a specified period of time. 6. After consultation with the City Manager, any other Council committees, citizen task forces or similar organized groups shall have rules or operating procedures thereof established by Council directive with special attention to RCW 35A.13.120. Such committees shall be commissioned for a time certain, not to exceed two years or the term of the appointing Mayor, whichever is less and be provided with a clear task description. Appointment shall be by the Mayor. Council may waive confirmation in the instrument creating said committee or group. Such committees shall be subject to review whenever a new Council is seated following elections, so as to determine whether the committee and its functions continue to be appropriate and necessary. Members of any committee, board or commission which have been appointed or confirmed by the Council, may be removed without cause by a majority vote of the Council. No advisory board, permitted to do so per state statutes, and when permitted by state statutes, no final action shall be taken without the foreknowledge and approval of majority vote of the Council. C. Private Committees, Commissions, and Boards The Council recognizes there are various other private boards and committees, such as Spokane Neighborhood Action Partners (SNAP), which appointments are made by their own board. These boards and committees which do not require an appointment by our Mayor, with confirmation by our Council, are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of these committees and/or boards. As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. Page 52 of 74 Page 53 of 74 CHAPTER 6 A. Purpose These City Council Rules of Procedure arc designed to provide guidance for the City Council. They are not to be considered restrictions or expansions of City Council authority. These rules have been prepared from review of many statutes, ordinances, court cases and other sources but they are not intended to be an amendment or substitute for those statutes, ordinances, court decisions or other authority. B. Use No action taken by a Councilmember or by the Council which is not in compliance with these be deemed a violation of oath of office, misfeasance or malfeasance. No authority other than the City Council may enforce these rules or rely on these rules. Failure of the City Council to follow any of these rules shall be considered a Council decision to waive such rule. No notice of such waiver need be given. C. Reliance Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council 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. Page 54 of 74 APPENDIX A Quasi -Judicial Hearings 1. Purpose Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the "record" developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig, MRSC Legal Consultant August 1998) 2. Specific Statutory Provisions a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, pursuant toef 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. 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 verbal 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) c. Public Disclosure File. The City Clerk shall maintain a public disclosure file, which shall be available for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms filed with the Washington State Public Disclosure Commission. d. Procedure On Application. Any person making application for any action leading to a quasi judicial hearing before the Planning Commission and/or City Council shall be provided with a document containing the following information: (1) the names and address of all members of the City Council, and the Planning Commission, (2) a statement that public disclosure information is available for public inspection regarding all such Councilmembers, and (3) a statement that if the applicant intends to raise any appearance of fairness issue, the applicant should do so at least two weeks prior to any public hearing, if the grounds for such issue are then known and in all cases, no later than before the opening of the public hearing. The applicant shall sign a receipt for such document. 3. Actions/Procedures for a Quasi -Judicial Public Hearing See the following excerpt from the Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures Spokane Valley Municipal Code Appendix C CITY COUNCIL APPEAL HEARING PROCEDURES A. The Council shall not consider any new facts or evidence outside the verbatim transcript and certified record submitted by the Hearing Examiner, except for: 1. Grounds for disqualification of the Hearing Examiner, when such grounds were unknown by the appellant at the time the record was created; or 2. Matters that were improperly excluded from the record after being offered by a party to the hearing before the Hearing Examiner; or 3. Matters that were outside the jurisdiction of the Hearing Examiner. 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. Page 55 of 74 a. Any party requesting that the record be supplemented shall submit such request, along with the specific evidence to be offered to the Council, within P1 calendar days of the date the appeal hearing was scheduled. b. The Council may require or permit the correction of ministerial errors or inadvertent omissions in the preparation of the record. c. The Council will allow the submittal of memoranda by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: II.. than 12:00 noon on the third Friday preceding the date set by the Council for consideration of the appeal. ii. Any party of record in opposition to the appeal may submit a reply memorandum in opposition to the appeal. Any reply memorandum must be filed no later than 12:00 noon on the second Friday preceding the date set for consideration of the appeal. iii. All memoranda shall be limited to stating why the record or applicable laws or regulations do or do not support the decision, and shall not contain any new facts or evidence, or discuss matters outside the record, except as permitted above. iv. The offering party shall promptly submit a copy of the memorandum or request to supplement the record to the City Attorney, and to opposing panic, as practicable. B. The Council will allow oral argument by the appellant, or a party of record in opposition to the appeal, subject to the following requirement,: 1. It i, expected that all panic, can reasonably be aligned as either in support of the appeal or opposed to aligned on the same side of the appeal and attempt to reach agreement in selecting a representative, or to the appeal. 2. Oral argument shall be presented first by the appellant, followed by those parties of record in opposition to the appeal, and then rebuttal and surrebuttal. 3. Oral argument ,hall be limited to stating why the record or applicable law, or regulation, do not support the decision, and shall not contain any new facts or evidence unless allowed by subsection A of this appendix. . _ s total for the appellant, and 20 minutes total for those parties in opposition to the appeal, regardless of how many parties make up each side. 5. The respective times allowed for oral argument above include the combined time used by a side for opening argument, rebuttal and surrebuttal. The time taken to respond to questions from the Council i, not included in the time allowed for argument. C. The Council may affirm or reverse the Hearing Examiner's decision, or remand it for further procccdings. The Hearing Examiner', decision will be presumed to be correct and supported by the record and law. A tie vote on any motion shall have the effect of affirming the Hearing Examiner's decision. D. The Council may reverse the Hearing Examiner's decision, or remand it for further proceedings, if the appellant has carried the burden of establishing that one or more of the following standards are met: 1. The Hearing Examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless; 2. The decision is an erroneous interpretation of the law, after allowing for such deference as is due to construction of law by a local jurisdiction with expertise; 3. The decision is not supported by evidence that is substantial when viewed in light of the entire record; I . The decision is a clearly erroneous application of the law to the facts; 5. The decision is outside the authority of the Hearing Examiner. E. The Council may also remand the decision to the Hearing Examiner if the appellant offer, newly discovered evidence that would reasonably have affected the decision had it been admitted in the proceedings before the Hearing Examiner. "Newly discovered evidence" is evidence that with reasonable diligence could not have been discovered and produced at the time the procccdings before the Hearing Examiner were conducted. ' - Page 56 of 74 F. The Council shall adopt written findings and conclusion in support of its decision. If the Council concludes that a finding of fact by the Hearing Examiner, upon which the decision is based, is not supported by substantial evidence, the Council may modify the finding or substitute its own finding, citing substantial evidence in the record that supports the modified or substitute finding. In the event of a tie vote on the proposed findings of fact, that vote shall be considered a final action, the findings shall reflect the same, and the decision of the Hearing Examiner shall be affirmed. G. The Council's decision shall include a notice stating that the decision can be appealed within 21 calendar days from the date the decision was issued, by filing a land use petition with the Superior Court as provided in Chapter 36.70C RCW and meeting the other provisions of such chapter, and that the decision shall act as official notice under RCW 13.21C.075. H. The notice included in the Council's decision shall also state that affected property owners may request the Spokane County Assessor for a change in valuation for property tax purposes notwithstanding any program of revaluation, pursuant to RCW 36.70B.130. I. The City Clerk shall, within five business days from the date of the Council's decision on the appeal, mail a copy of the Council's decision to the appellant, the applicant (if different than the appellant), any other party who testified or submitted a memorandum at the closed record appeal hearing before the Council, any person who requested notice of the decision, and any person who submitted substantive comments on the application. The City Clerk shall also provide notice of the decision to the County Assessor. J. Where the Hearing Examiner's decision recommends approval of the proposal and no appeal has been filed within the time period set forth above, the City Manager or designee shall modify the official zoning map of the City according to the Hearing Examiner's decision. The modification of the zoning map completes the Hearing Examiner's decision and shall be considered the final legislative action of the City Council. Such final action, for zoning purposes, is considered an official control of the City by exercise of its zoning and planning authority pursuant to Washington law. (Ord. 08 022, 2008). Page 57 of 74 APPENDIX B: RESOLUTION 07-019 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 07-019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE, RESPONSIVE, AND OPEN GOVERNMENT WHEREAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged with promulgating Ordinances and Resolutions which become the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and state statutes and regulations; and WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifying Resolution 03-027 as set forth below by adding new section 7. The remainder of the resolution 03-027 is unchanged: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. Section 2. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. We believe that elected body decision-making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making Section 3. We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020. Section 4. Section 5. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. We believe that the City of Spokane Valley's governance should be known as "user friendly," and that governance practices and general operations should consider how citizens will be served in the most responsive, effective and courteous manner. Page 58 of 74 Section 6. Section 7. Section 8. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base, We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d) Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council, the staff, or the public. (e) Accepting the principle of majority rule and working to advance the success of "corporate" decisions. We solicit the City Manager's support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective, responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing "best practices" in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. Approved by the City Council this 11th day of December, 2007. ATTEST: /s/ DIANA WILHITE /s/ CHRISTINE BAINBRIDGE Diana Wilhite, Mayor Christine Bainbridge, City Clerk Approved as to form: /S/ MICHAEL F. CONNELLY Office of the City Attorney Page 59 of 74 APPENDIX C: STATEMENT OF ETHICS SPOKANE VALLEY CITY COUNCILMEMBERS' STATEMENT OF ETHICS By adoption of the Resolution which adopts this Governance Manual, the Spokane Valley City Councilmembers hereby agree to be bound by the following rules of ethics: DECLARATION OF PURPOSE: • Provide guidelines and set high ethical standards for Councilmembers to perform their duties in an open, honest, and unbiased manner. • Establish procedures for prevention and/or elimination of possible conflicts of interest. • Improve and strengthen the public's perception and trust in their local government. DEFINITIONS: Compensation: Anything of economic value regardless of amount, however designated, which is paid, loaned, advanced, granted, transferred, or gifted, or to be paid, loaned, advanced, granted, transferred or gifted for or in consideration of personal services to any person or that person's immediate family as that term is defined in RCW 42.17A.005(24). Contract: Includes any contract or agreement, sale, lease, purchase, or any combination of the foregoing. A contracting party is any person, partnership, association, cooperative, corporation, whether for profit or otherwise, or other business entity which is a party to a contract with a municipality. PROHIBITED CONDUCT: (a) Acceptance of Gifts: No Councilmember, based solely on their position with the City of Spokane Valley, shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value regardless of the amount, as a gift, gratuity, or favor from any person or entity outside the City organization. Campaign donations made and reported in conformance with Washington law are exempt from this provision. (b) Interest in Contracts, Exceptions: No Councilmember shall be beneficially interested, directly or indirectly, in any contract where the City of Spokane Valley is named as a party to the contract; and no Councilmember shall accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract. This prohibition shall not apply to the exceptions specified in RCW 42.23.030 which are incorporated herein as if fully set forth. (c) Incompatible Service; Confidential Information: No Councilmember shall engage in or accept private employment or render services for any person, or engage in any business or professional activity when such is incompatible with the faithful discharge of his/her official duties as a Councilmember. No Councilmember shall disclose confidential information acquired by reason of such official position, nor shall such information be used for the Councilmember's personal gain or benefit. PERSONAL OR PRIVATE INTERESTS, PUBLIC DISCLOSURE: Any Councilmember who has a financial or other private or personal interest in any ordinance, resolution, contract, proceeding, or other action pending before the City Council or any of its committees, shall promptly disclose such interest at the first public meeting when such matter is being considered by the City Council, and a summary of the nature of such interest shall be incorporated into the official minutes of the City Council proceedings. Any Councilmember who feels disqualified by reason of such interest in any matter before the City Council, shall make a public statement and disclose the reasons why that Councilmember feels disqualified, and state that they are recusing themselves from the issue, and with permission of the Presiding Officer, will leave the Council Chambers until such time as the issue at hand has been disposed of in the regular course of business. Page 60 of 74 Appendix D: Frequently Used Acronyms AACE - American Association of Code Enforcement ADA - Americans with Disabilities Act ADT - Average Daily Traffic ATF - Bureau of Alcohol, Tobacco & Firearms AWC - Association of Washington Cities BOCC - Board of County Commissioners CAFR - Comprehensive Annual Financial Report CDBG - Community Development Block Grant CIP - Capital Improvement Plan CM - City Manager CM/AQ - Congestion Mitigation & Air Quality Program CTED - Community, Trade, & Economic Development (now Department of Commerce) CTR - Commute Trip Reduction (legislation) CUP - Conditional Use Permit DEIS - Draft Environmental Impact Statement DEM - Department of Emergency Management DNR - Department of Natural Resources DNS - Declaration of Non -Significance DOE - Department of Ecology; Department of Energy DOT - Department of Transportation (also WSDOT) E911 - Enhanced 911 EA - Environment Assessment EDC - Economic Development Council EEO/AA - Equal Employment Opportunity/Affirmative Action EEOC - Equal Employment Opportunity Commission EIS - Environmental Impact Statement EOE - Equal Opportunity Employer EPA - Environmental Protection Agency ERU - Equivalent Residential Unit (for measuring water -sewer capacity and demand) ESU - Equivalent Service Unit (for measuring stormwater utility fees) F & WS - Federal Fish & Wildlife Service FAA - Federal Aviation Administration FCC - Federal Communications Commission FEIS - Final Environmental Impact Statement Page 61 of 74 FEMA - Federal Emergency Management Agency FICA - Federal Insurance Contribution Act FIRM - Flood Insurance Rate Maps FLSA - Fair Labor Standards Act FMLA - Family Medical Leave Act FMSIB — Freight Mobility Strategic Investment Board FY - Fiscal Year GAAP - Generally Accepted Accounting Principles GASB - Governmental Accounting Standards Board GIS - Geographic Information System GMA - Growth Management Act GPM - Gallons Per Minute HOV - High-Occupancy Vehicle HR - Human Resources HUD - Housing & Urban Development (Department of) ICMA - International City/County Management Association L & I - Labor & Industries (Department of) LID - Local Improvement District MGD - Million Gallons per Day MOA - Memorandum of Agreement MOU - Memorandum of Understanding MPO - Metropolitan Planning Organization MRSC - Municipal Research Services Center NEPA - National Environment Policy Act NIMBY - Not In My Backyard NPDES - National Pollutant Discharge Elimination System PE - Preliminary Engineering; Professional Engineer PERC - Public Employment Relations Commission PMS - Pavement Management System PPE - Personal Protective Equipment PPM - Parts Per Million; Policy & Procedure Manual PUD - Public Utility District PW - Public Works QA - Quality Assurance RCW - Revised Code of Washington REET - Real Estate Excise Tax Page 62 of 74 RONR Robert's Rules of Order Newly Revised ROW - Right of Way SAO - State Auditor's Office SBA - Small Business Administration SEPA - State Environmental Policy Act SMA - Shorelines Management Act SWAC - Solid Waste Advisory Committee TIB - Transportation Improvement Board TIP - Transportation Improvement Program TMDL - Total Maximum Daily Load UBC - Uniform Building Code UFC - Uniform Fire Code UGA - Urban Growth Area WAC - Washington Administrative Code WACO - Washington Association of County Officials WCIA - Washington Cities Insurance Authority WCMA - Washington City/County Management Association WSDOT - Washington State Department of Transportation WSP - Washington State Patrol WUTC - Washington Utilities & Transportation Commission WWTP - Wastewater Treatment Plant Page 63 of 74 S`pok'ane `� Valley APPENDIX E CITY OF SPOKANE VALLEY 10210 E. Sprague Avenue Spokane Valley, WA 99206 (509) 720-5000 APPLICATION TO FOR INTERIM TEMPORARILY FILL A COUNCIL POSITION Thank you for your interest in serving the Spokane Valley community as a tcmporary member of the Spokane Valley City Council. Please note that a temporary member of Council should not to be confused with an Interim Council Member. An Interim Council Member is the term used for someone to serve in a vacated council positiona position which has been vacated. This tcmporary application is to fill in until the return of the Councilmember who is experiencing an extended absence, or to temporarily fill a vacated seat. until that vacated position can be filled as a result of the next general municipal election (held odd years) [RCW 42.12.070] To be considered, applicants must use this form. Applications shall be completed, signed, and received at the City Clerk's office, 10210 E. Sprague Avenue, no later than p.m. on (late arriving applicationsiu-ai4 will not be considered). Applications may be hand -delivered or mailed. Faxed or e-mailed applications will not be accepted because the original application with the original signature must be received by the City. During the interview process, Current Councilmembers will ask applicants several questions on a variety of topical subjects, which could include but are not limited to: budget, pavement preservation, transportation, infrastructure, public safety, economic development, planning and development, open space, familiarity with Council meetings, Open Public Meetings Act, Public Records Act, and Council/Manager form of government. Name (please print): Complete Residence Address: Complete Mailing Address: (if different from above address): Length of time lived at current address: U.S. Citizen? [ ]yes [ ]no WA State Registered Voter? [ ]yes [ ]no If you have lived at your current address less than one year, please list your previous addresses and state how long you lived at those residences: Complete Previous Address Length of Time at this Address Page 64 of 74 Which is your preferred way for us to contact you: [Note: If you have an unlisted phone number, or do not wish your e-mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] j ] Home Phone [ ] work phone [ 1 Cell Phone [ 1 other message phone [ ] e-mail address: (please print plainly): f ] regular mail to residence or mailing address shown above EMPLOYMENT: Start with most recent 1. [ ] present [ ] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 2. [ ] present [ ] previous Name of Employer: Address: Phone: Position held: Dates of Employment: 3. [ ] present [ ] previous Name of Employer: Address: Phone: Position held: Dates of Employment: EDUCATION: Name of High School Address: Diploma or GED: [ ] yes [ ] no Trade School/College/University: Name of School Address: Diploma: [ ] yes [ ] no Degree or Certification Earned: Trade School/College/University: Name of School Diploma: [ ] yes [ ] no Other Certifications/Licenses: Address: Degree or Certification Earned: Page 65 of 74 VOLUNTEER EXPERIENCE: name of social, fraternal, organizations, etc. 1. [ ] current [ ] previous 2. [ ] current previous [] 3. [ ] current previous [] 4. [ ] current previous [] 5. [ ] current previous [] LOCAL, STATE OR NATIONAL PROFESSIONAL ORGANIZATIONS, INCLUDING GOVERNMENT BOARDS, COMMITTEES, OR COMMISSIONS 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous Page 66 of 74 1. Are you a registered voter in the City of Spokane Valley? Yes [ ] No [ ] 2. Have you continuously resided within the city limits of the City of Spokane Valley for a year or more? (State law requires a councilmember to be a resident of Spokane Valley for at least a year prior to appointment, and to be a registered voter at the time of application.) Yes [ ] No [ ] 3. Have you ever been convicted of anything other than a minor traffic infraction? Yes [ 4. If you answered "YES" to #3 above, please explain: ] No [ ] 5. Do you or your spouse or any immediate family member (spouse, children, siblings, parents) have a financial interest in, or are you an employee or officer of any business or agency which does business with the City of Spokane Valley? Yes [ ] No [ ] If yes, please explain: 6. Is any member of your immediate family currently employed, either full time or part time, by the City of Spokane Valley, or currently perform any volunteer work for the City of Spokane Valley? Yes [ ] No [ ] If yes, please explain: 7. Would your appointment create a conflict of interest or an appearance of a conflict of interest? Yes[ ] No[ ] If yes, please explain: 8. Why are you interested in serving in this position? 9. What do you feel is the primary responsibility of a Councilperson? 10. Have you ever attended a live meeting of the Spokane Valley City Council? Yes [ ] No [ ] Page 67 of 74 If yes, give an estimate of how many meetings you have attended in the past twelve months: 11. Appointment to the City Council will require your attendance at regularly scheduled and special Council meetings, which generally occur on Tuesday evenings, as well as other special meetings that may be scheduled from time to time. This meeting commitment includes the preparation time, such as reading the Council packet materials. Councilmembers also participate on various boards and committees (such as STA, Visit Spokane, Health Board, etc.) as assigned by the Mayor and confirmed by Council. Many of these groups meet during regular work hours. Can you commit the appropriate time and energy to participate as an interim member of the Spokane Valley City Council. Yes [ ] No [ ] 12. References: Please list name, address and phone number: 1. 2. 3. Once submitted, applications and related materials become a public record subject to public disclosure, and could be included in Council agenda packets. Selection of the applicant must be approved by a majority vote of the remaining Councilmembers. No City officer shall hold any other office or employment within the Spokane Valley City government. By signing this application, I certify under penalty of perjury, that such appointment would not represent a conflict of interest or an appearance of a conflict of interest; that I recognize this application is subject to public disclosure; and that the information entered hereon by me is true and correct to the best of my knowledge and belief. Signature Date Signed Page 68 of 74 Spokane �.r►� Val ley APPENDIX F CITY COUNCIL 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org Request to Transfer Travel/Mileage/Registration Budgets Transfer from Councilmember's name Account number Amount Signature Date Transfer to Councilmember's name Account number Amount Signature Date Request to travel out of state over 50 miles Please submit the following request to the Finance Committee for approval. Councilmember requesting: Purpose of the travel: Location: Dates: Do you have budgeted funds remaining to pay for total cost of the trip? Yes No Will you be missing a Council Meeting? Yes No Additional Comments: For Finance Committee Use ▪ Approved ▪ Denied Page 69 of 74 AppendixG-E: Definitions Action: All transactions of a governing body's business, including receipt of public testimony, deliberations, discussions, considerations, reviews, and evaluations, as well as "final" action. [RCW 42.30.010, 42.30.020(3)]. Codified: The process of forming a legal code (i.e., a municipal code or book of laws) by collecting and including the laws of a jurisdiction or municipality. Consensus: A collective judgment or belief; solidarity of opinion: "The consensus of the group was that they should meet twice a month. General agreement or harmony. [Random House Webster's College Dictionary, April 2001] [Wikipedia: explains it as a group decision making process, or Does anyone object?] It is not unanimity, but more a process for deciding what is best overall. Members of the group reach a decision to which they consent because they know it is the best one overall. It differs from voting which is a procedure for tallying preferences. It does not require each member of the group to justify their feelings. [Taken from: Consensus Is Not Unanimity: Making Decisions Cooperatively, by Randy Schutt. '7 Similar to a type of verbal "show of hands" on who feels particularly strong on this?" Sometimes thought of as preliminary approval without taking final "action." A show of hands is not an action that has any legal effect. ["Voting and Taking Action in Closed Sessions" by Frayda Bulestein.] Ex -parte: from a one-sided or partisan point of view; on the application of one party alone. An ex - parte judicial proceeding is conducted for the benefit of only one party. Ex -parte may also describe contact with a person represented by an attorney, outside the presence of the attorney. Immediate Family: includes a spouse or domestic partner, dependent children, and other dependent relatives, if living in the household. For the purposes of the definition of "intermediary" in this section, "immediate family" means an individual's spouse or domestic partner, child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half-sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half-brother, sister, or half-sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person (RCW 42.17A.005(24)). Motion: An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. Once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing state or federal statutes, City ordinances or resolutions. Ordinance: An enacted ordinance is a law passed [enacted] by a municipal organization legislatively prescribing specific rules of organization or conduct relating to the corporate affairs of the municipality and those citizens and businesses therein. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. Special ordinances such as adopting the budget, vacating a street, amending the Comprehensive Plan and/or Map, and placing a matter on an election ballot, including general obligation bonds, are not codified into the City's municipal code. Resolution: An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. Regular Meeting: Any Council meeting that meets in the Spokane Valley City Council Chambers on Tuesday at 6:00 p.m. shall be deemed a "regular meeting." Social Media: A term used to define the various activities that integrate technology, social interaction and content creation. Through social media, individuals or collaborations of individuals create on-line web content, organize content, edit or comment on content, combine content, and share content. Includes many technologies and forms including syndicated web feeds, weblogs (blogs), wiki, photo -sharing, video -sharing, podcasts, and social networking. (From MRSC, and Social Media and Web 2.0 in Government, WebContent.gov) Page 70 of 74 INDEX A Absences • 17 ad hoc committees • 47 Advance Agenda • 16, 20 affirmative motion • 21 Agenda Committee • 20 amended agenda • 10, 13, 16 Appearance of Fairness Doctrine • 42, 43, 47 applause • 11, 26 applications • 27, 31, 32 attendance • 39, 47 8 ballot • 11, 30, 33, 35, 36, 59 bias • 23, 24, 43 budget amendment • 23, 25 C candidate • 14, 32 change orders • 47 City Manager • 3, 6, 7, 10, 12, 13, 14, 15, 16, 17, 19, 20, 21, 23, 25, 26, 28, 30, 34, 38, 39, 42, 43, 47, 52, 53, 54, 56 coin flip • 34 complaint • 38 Confidential material • 19 Core Beliefs • 3, 4 D dais 12, 19, 28, 32 deadline • 31 Demonstration • 11 donation • 39 E election • 30, 31, 33, 35, 59, 62 electronic message • 11, 19 e-mail • 11, 19, 36 emergency • 2, 10, 15, 16, 19, 23, 25, 28, 56, 62 ethical • 39, 55 executive session • 14, 15, 28, 31, 32, 47 F Filling a Council Vacancy • 31 Finance Department • 35 fiscal restraint • 25 flip of a coin • 30 1 impractical • 15, 16, 28 informal contacts • 40 Internet • 11, 18, 19 leave of absence • 17, 18 M majority of the whole • 23, 25 Majority Plus One • 23, 25 majority vote • 6, 9, 12, 17, 21, 22, 25, 27, 30, 45, 48 maker of the motion • 20, 21, 22 misleading • 13 N nomination • 30, 31, 32, 33 notice • 9, 15, 17, 18, 27, 35, 47, 49, 52, 54, 62 0 Open Public Meetings Act • 9, 13, 14, 19, 38, 62 out of order • 11, 19, 22, 26 P parliamentarian • 17 podium 11, 12, 19, 20, 26, 27 Pre -Agenda • 2, 16 presentations • 10, 11, 13, 27 prevailing side • 27 public comments • 11, 12, 20, 26, 27, 36 Q qualifications • 14, 31 quasi-judicial • 11, 18, 27, 47, 50, 53 quorum • 5, 6, 7, 17, 18, 23, 62 R rearrange • 10, 13 recommended appointment • 45 reconsideration • 27 Page 71 of 74 recuse • 23, 24, 43 reimbursement • 35, 46 Removal • 46 Request for Council Action • 28 S seats • 17 social media • 38, 59 speak twice• 21 special meeting • 14, 15, 16, 25, 31, 32 surprises • 13, 21, 28 T table 2, 7, 22, 27 tax • 25, 26, 33, 46, 52 telephone • 18, 38 three Councilmembers • 10 three minutes • 11, 20, 26 Three Touch • 10, 25, 28 tie 23, 30, 34, 51, 52 travel • 35, 46 U unexcused absence • 17, 46 Unexpected Motions • 13 unusual circumstances • 25, 28 V vacancy • 30, 31, 32, 33, 34, 47 video • 18, 19, 39, 59 vote to extend the meeting • 12 w waived • 10, 23, 25 written comments • 11, 27 Page 72 of 74 Endnotes: 1 RCW 42.30.110 — Open Public Meeting Act, Executive Sessions 2 RCW 42.30.140- Open Public Meeting Act, RCW 35A.13.035- Optional Municipal Code (35A) — Council-manager plan of government 4 RCW 42.52 — Ethics in Public Service RCW 42.56 — Public Records Act 6 RCW 35A.12.160 Optional Municipal Code (35A) — Council manager plan of government; public notice of hearings and meeting agendas RCW 35A.13.170 — Optional Municipal Code (35A) — Council manager plan of government; council meetings — quorum, rules - voting 8 RCW 35A.12.110 — Council meetings shall meet regularly, at least once a month. 9 RCW 42.30.080 — Open Public Meetings Act, Special Meetings, procedures for calling Special Meetings 1° RCW 35A.12.110 — Council meetings shall meet regularly, at least once a month. 11 RCW 42.30.080 - Open Public Meetings Act, Special Meetings, procedures for calling Special Meetings 12 RCW 42.30.080(3) — Open Public Meetings Act, Special Meetings, procedures for calling Special Meetings 13 RCW 42.30.090 — Open Public Meetings Act, Adjournments 14 RCW 35A.13.170 - Optional Municipal Code (35A) — Council mgr plan of govt; meetings: quorum, rules, voting 1s 35A.12.120 — Council meetings, shall meet regularly, at least once a month 16 RCW 35A.12.060 — A council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council. 17 RCW 42.17A.555 — Use of public office or agency facilities in campaigns — Prohibition — Exceptions 18 RCW 35A.12.120 — Council — Quorum — Rules — Voting 19 RCW 35A.33.090 — Emergency Expenditures — Other emergencies — Hearing. 20 RCW 35A.13.190 — Ordinances, emergencies, may be effective upon adoption if passed by a majority plus one of the whole membership of the council and have the ordinance designated as a public emergency; but such ordinance may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money. 21 RCW 35A.13 - Council-manager plan of government. 22 RCW 35A.47.040 — Franchises and permits — "no ordinance or resolution granting any franchise in a code city . . shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting ... nor without having been granted by the approving vote of at least a majority of the entire legislative body. 23 RCW 35A.33.090 — Emergency Expenditures — Other emergencies — Hearing. 24 RCW 35A.13.190 — Ordinances, emergencies, may be effective upon adoption if passed by a majority plus one of the whole membership of the council and have the ordinance designated as a public emergency; but such ordinance may not levy taxes, grant, renew or extend a franchise, or authorize the borrowing of money. Page 73 of 74 zs RCW 35A.13.030 - Mayor — election — chair to be mayor — duties: Biennially at the first meeting of the new council members shall choose a chair from among their number; chair's title shall be mayor and preside at meetings. z6 RCW 35A.13 — Council-manager plan of government. 27 RCW 35A.13.020 — Mayor — election, chair to be mayor, duties 28 RCW 42.12.070 — Filling nonpartisan vacancies 29 RCW 42.04.020 — Eligibility to hold office. That no person shall be competent to qualify for or hold any elective public office within the state of Washington ... municipal corporation or other district, ... unless he or she be a citizen of the United States and state of Washington and an elector of such county, district, precinct, school district, municipality or other district or political subdivision. 3° RCW 35A.13.080 — City manager powers and duties 31 RCW 35A.13.120 — city manager — Interference by councilmembers 32 RCW 42.36.040 — Public discussion by candidate for public office Page 74 of 74 To: From: Re: DRAFT ADVANCE AGENDA as of September 27, 2018; 11:00 a.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings Oct 9, 2018, Formal meeting Format, 6:00 p.m. 1. PUBLIC HEARING #2: 2019 Budget — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. First Reading Ordinance 18-022, Property Tax — Chelsie Taylor 4. Admin Report: Advance Agenda — Mayor Higgins [*estimated Oct 16, 2018, Study Session, 6:00 p.m. 1. Appleway Trail, Univ. to Pines, Parks Amenities — Mike Stone; Julia Culp 2. Police Precinct Lease Renewal — Morgan Koudelka 3. Legislative Agenda, 2019 — Mark Calhoun 4. Advance Agenda — Mayor Higgins [due Tue Oct 21 (20 minutes) (5 minutes) (10 minutes) (5 minutes) meeting: 40 mins] due Tue Oct 91 (10 minutes) (10 minutes) (15 minutes) (5 minutes) [*estimated meeting: 40 mins] Oct 23, 2018, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: 2018 Budget Amendment — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. Second Reading Ordinance 18-022, Property Tax — Chelsie Taylor 4. First Reading Ordinance 18-023 approving 2018 Budget Amendment — Chelsie Taylor 5. First Reading Ordinance 18-024 adopting 2019 Budget — Chelsie Taylor 6. Motion Consideration: Outside Agency Allocation of Funds — Chelsie Taylor 7. Motion Consideration, Mayoral Appointments to Salary Commission — Mayor Higgins 8. Motion Consideration: Approval of 2019 Legislative Agenda — Mark Calhoun 9. Admin Report: Quarterly Police Department Report — Chief Werner 10. Admin Report: Advance Agenda — Mayor Higgins 11. Info Item: Department Reports [due Tue Oct 161 (10 minutes) (5 minutes) (10 minutes) (10 minutes) (10 minutes) (20 minutes) (10 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 100 mins] Oct 30, 2018, Study Session, 6:00 p.m. [due Tue Oct 231 1. Woodstove Change -out Grant Program - Jenny Nickerson; Julie Oliver of Spo.Clean Air (20 minutes) 2. Advance Agenda — Mayor Higgins (5 minutes) Nov 6, 2018, Study Session, 6:00 p.m. 1. Fee Resolution for 2019 — Chelsie Taylor 2. Advance Agenda — Mayor Higgins Nov 13, 2018, Formal Meeting Format, 6:00 p.m. Proclamation: Small Business Saturday 1. PUBLIC HEARING #3: 2019 Budget — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. Second Reading Ordinance 18-023 approving 2018 Budget Amendment — Chelsie Taylor 4. Second Reading Ordinance 18-024 adopting 2019 Budget — Chelsie Taylor 5. Admin Report: LTAC Recommendations to Council — Chelsie Taylor 6. Admin Report: Advance Agenda 1due Tue Oct 301 (15 minutes) (5 minutes) [due Tue Nov 6 (15 minutes) (5 minutes) (10 minutes) (10 minutes) (15 minutes) (5 minutes) [*estimated meeting: 60 mins] Draft Advance Agenda 9/27/2018 2:41:18 PM Page 1 of 2 Nov 20, 2018, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Higgins 2. Info Item: Department Reports Nov 27, 2018 — Meeting Cancelled — Thanksgiving Holiday Dec 4, 2018, Study Session, 6:00 p.m. 1. Sullivan Bridge Project Completion Update — Gloria Mantz, John Hohman 2. Advance Agenda — Mayor Higgins Dec 11, 2018, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Proposed Fee Resolution for 2019 — Chelsie Taylor 3. Motion Consideration: Award of Lodging Tax for 2019 — Chelsie Taylor 4. Admin Report: Advance Agenda Dec 18, 2018, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Higgins 2. Info Item: Department Reports No Meeting: Tuesday, December 25, 2018, and no meeting Tuesday, January 1, 2019 *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Aging & Long Term Care Board Appts/Interlocal Animal Control Regulations (SVMC 7.30) Argonne Rd Broadway to Indiana Bid Award Barker I-90 WSDOT Interlocal, Interchange Barker I-90 Interchange Contract Browns Park Update Camping in RVs CDBG (admin report & public hearing) City Action Days, Olympia Feb 13-14 Community Inclusion Compassionate SV Comp Plan Annual Amendments Donation Recognition Electrical Inspections Health District Re SV Stats Land Use Notice Requirements Legislative Delegation Meeting Legislative Remote Testimony (Chambers) Naming City Facilities Protocol Neighborhood Restoration Program Park Lighting Park Regulations Ordinance Amendments Police Dept. Quarterly Rpt (April, July, Oct, Jan) Sign Ordinance Snowplows, sidewalk snow removal, etc. St. Illumination (ownership, cost, location) St. O&M Pavement Preservation Tobacco 21 Resolution Town Hall Conversations TPA Utility Facilities in ROW [due Tue Nov 131 (5 minutes) [due Tue Nov 261 (15 minutes) (5 minutes) [due Tue Dec 41 (5 minutes) (10 minutes) (15 minutes) (5 minutes) Idue Tue Dec 111 (5 minutes) Draft Advance Agenda 9/27/2018 2:41:18 PM Page 2 of 2