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2018, 11-06 Study Session
AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, November 6, 2018 CITY HALL COUNCIL CHAMBERS 10210 E Sprague Avenue (Please Silence Your Cell Phones During the Meeting) 6:00 p.m. CALL TO ORDER ROLL CALL PROCLAMATION: Armistice Remembrance ACTION ITEMS: 1. Motion Consideration: Bid Award, Argonne Road Preservation Project, Broadway to Mission — Gloria Mantz [public comment] 2. Motion Consideration: Mayoral Appointments to Salary Commission — Mayor Higgins [public comment] 3. Motion Consideration: Collective Bargaining Agreement — John Whitehead [public comment[ NON -ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 4. Jenny Nickerson; and Julie Oliver Woodstove Change -out Program Discussion/Information of Spokane Clean Air Agency 5. Chief Mark Werner Police Department Quarterly Report Discussion/Information 6. Cary Driskell Federal Lobbyist Contract Discussion/Information 7. Cary Driskell Hearing Examiner Interlocal Agreement Discussion/Information 8. Chelsie Taylor Lodging Tax Advisory Committee Discussion/Information Recommendations to Council 9. Mark Calhoun 2019 Legislative Agenda Discussion/Information 10. Chris Bainbridge Governance Manual Discussion/Information 11. Mayor Higgins Advance Agenda Discussion/Information 12. Information Only (will not be reported or discussed): a. Council Election Night Meeting History 13. Mayor Higgins 14. Mark Calhoun ADJOURN Council Check in City Manager Comments b. Finance Department Monthly Report Discussion/Information Discussion/Information Study Session Agenda, November 6, 2018 Page 1 of 1 an, or .000Valkye PROCLAMATION City of Spokane Valley, Washington Armistice Remembrance WHEREAS, The 1 1th hour of the 1 1th day of the 11th month of 1918, known as Armistice Day, was when major hostilities of World War I formally ended as the Armistice with Germany went into effect, and WHEREAS, The originally observed Armistice day evolved in 1954 into the current Veterans Day observance; and WHEREAS, Americans across our nation recognize November 1 1th as Veterans Day for the special remembrance of and to honor the men and women who served and continue to serve to protect our freedom; and WHEREAS, Tens of millions of Americans have served and hundreds of thousands have given their lives while serving in the Armed Forces of the United States during the past century, and WHEREAS, Citizens across our nation owe a great debt to those who served in defense of this nation and that throughout the generations, their sacrifices have preserved our form of government, even though for many that sacrifice ended in permanent injury or death; and WHEREAS, It is right, fitting and proper to recognize the contributions our service men and women have made and continue to make in defense of America and for what they have done and continue to do to support our great nation, and for their continued efforts to preserve and promote enduring peace around the world. NOW, THEREFORE, BE IT RESOLVED that I, Rod Higgins, Mayor of the City of Spokane Valley, Washington, on behalf of the Spokane Valley City Councilmembers, do hereby call upon all to honor VETERANS DAY and I urge Spokane Valley citizens to join me in thanking all veterans for their sacrifice and service to our country. Dated this 6th day of November 2018. L.R. Higgins, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 6, 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: Motion Consideration: Bid Award - Argonne Road Preservation Project (Mission to Broadway) CIP 252 GOVERNING LEGISLATION: SVMC 3.35.10 — Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • June 23, 2015 — Council approved Resolution No. 15-005 which adopted the 2016-2021 Six Year Transportation Improvement Program (TIP) which included this project • February 9, 2016 — Council approved Resolution 16-005 adopting the 2016 Amended TIP which also included this project. • February 28, 2017 — Council approved Resolution 17-006 adopting the 2016 Amended TIP which also included this project. • January 16, 2018 — Council approved revising the project limits to extend from Mission Avenue to the new Portland Cement Concrete pavement (PCCP) placed under the Broadway / Argonne / Mullan PCCP intersection project. • March 13, 2018 — Council approved Resolution 18-002 adopting the 2018 Amended TIP which also included this project. BACKGROUND: The Argonne Road Preservation Project (Mission to Broadway) was awarded Surface Transportation Grant Funds (STP) in 2014. The main scope of the project is street preservation and the upgrade of pedestrian ramps at the intersections along this corridor. The project also replaces the signal pole on the southwest corner of Mission Avenue and Argonne Road. The project will also include stormwater improvements in conjunction with the street preservation work. The initial 2014 project budget without the stormwater improvements was: City Match (Fund 311) STP Grant Total estimated costs $ 86,400 $ 553,600 $ 640,000 Construction costs have increased dramatically since 2014 when the project was initially scoped. Based on July 2018 bids the City received on other street preservation projects, the Engineer's Estimate for construction was $687,723. The project was advertised on October 5, 2018 and bids were opened on Friday, October 26, 2018. Two bids were received. As shown in the attached Bid Tabulation, Inland Asphalt Paving Company submitted the lowest bid of $674,000, $13,723.00 below the Engineer's Estimate. T. LaRiviere Equipment and Excavation Inc. submitted a bid of $687,834.50. Based on these updated construction estimates, the budget and financial project impacts are presented. BUDGET/FINANCIAL IMPACTS: The current project budget of $843,151 exceeds the 2014 budget of $640,000 by $203,151. The required budget increase is the result of adding $54,438 for stormwater improvements and also reflects a much more competitive bid environment resulting in additional costs of $148,713 for the pavement preservation work. The stormwater improvements will be funded from Stormwater Fund #402 and the additional cost of pavement preservation work will be funded from Pavement Preservation Fund #311, both of which have adequate reserves to bare these extra costs. Expenditures: PE $ 76,000 ROW $ 11,000 Construction Bid Award $ 674,000 5% Construction Contingency $ 33,700 City Furnished Pole $ 7,451 Construction PE $ 41,000 Total Estimated Expenditures $ 843,151 In order to award the contract, the following project budget is proposed: Federal STP Grant City Fund 311 City Fund 311 (Additional) Stormwater Fund 402 Total Estimated Expenditures $ 553,600 $ 86,400 $ 148,713 $ 54,438 $ 843,151 OPTIONS: Award the contract to the lowest responsive and responsible bidder or take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Argonne Road Preservation Project, CIP 0252 to Inland Asphalt Paving Company, in the amount of $674,000.00 and authorize the City Manager to finalize and execute the construction contract. STAFF CONTACT: Gloria Mantz, PE, Engineering Manager Glenn Ritter, PE, Project Engineer ATTACHMENTS: 10/26/18 Bid Tabulation BID TABULATION Argonne Road Preservation Project Project CIP No. 0252, Federal Aid Project No,: STPUL-4039(004) Bid Opening: Friday, 10:00 AM PDT, October 26, 2018 Spokane Valley Gty Council Chambers, 1021D E Sprague Avenue, 5pokan Spokane Va11e3�' Schedule A - Roadwork Engineers Estimate Inland Asphalt Company T. LaRiviere Equip. & Excay. Item C Description Units quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 100 MOBILIZATION LS. 1 LS. 568,700.00 LS. 558,709.00 L.S. 577,000.00 101 MINOR CHANGE CALC 1 Caro 525,000.00 Calc 525,000.00 Calc 525,000.00 102 CONSTRUCTION SURVEYING LS. 1 L5. $5,000.00 LS. 56,385.00 LS. 511,900.00 103 ADA FEATURES SURVEYING LS. 1 L5. 52,000.00 LS. 54,625.00 L5. 54,310.00 104 SPCC PLAN L5. 1 LS. 51,000.00 LS. 5535.00 L.S. 5935.00 105 PROJECT TEMPORARY TRAFFIC CONTROL LS. 1 LS. 540,000.00 LS. $67,600.00 LS. 540,800.00 106 PORTABLE CHANGEABLE MESSAGE SIGN HR. 0120 54.00 512.480.00 52.20 56,864.00 55.80 518,056.00 107 SAWCUT ASPHALT PAVEMENT IF -IN 6550 51.00 56,550.00 50.30 51,969.00 50.35 52.292.50 108 REMOVE CEMENT CONCRETE CURB LF. 870 510.00 58,700.00 59.00 57.830.00 59.50 58,265.00 109 REMOVE CEMENT CONCRETE SIDEWALK / DRIVEWAY APPROACH S.Y. 330 512.00 53,960.00 517.60 55,808.00 510,80 53,300.00 110 ASPHALT PATCH REMOVAL S.Y. 425 512.00 55,100.00 517.60 57.480.00 512.00 55,100.00 111 REMOVE 'UNCTION BOX EACH 2 5250.00 5500.00 5275.00 5550.00 5260.00 5520.00 112 CRUSHED SURFACING TOP COURSE, 4 IN. DEPTH S.Y. 10 530.00 $300.00 529.00 $290.00 514.50 5145.00- 113 CRUSHED SURFACING TOP COURSE, 8IN. DEPTH 53. 415 545.00 518,675,00 531.30 512,985.50 522.00 59,130.00 114 PLANING BITUMINOUS PAVEMENT, 2 IN. DEPTH S.Y. 1420 5250 53,550.00 51.2.20 517,324.00 56.00_ 58,520.00 115 PLANING BITUMINOUS PAVEMENT. 5/8IN. DEPTH 5.Y. 3090 51.00 53,090.00 53.30 510,197.00 56.00 518,540.00 116 PLANING BITUMINOUS PAVEMENT, TAPER GRIND 5.Y. 6430 52.00 512,860.00 52.00 512,860.00 $4.30 527,649.00 117 HMA CL 3/8" PG 6411-280.17 FT. DEPTH S.Y. 10940 511.00 5120,340.00 510.35 5113,229.00 512.50 5136,750.00 116 HMA CL 3/8" PG 6411.28 0.50 FT. DEPTH, PATCH 5.Y 415 550.00 520,750.00 545.00 518.675.02 555.00 522,825.00 119 HMA CL 3/B` PG 6411-28 MISCELLANEOUS AREAS 5.3. 10 5100.00 51,000.00 561.25 5612.50 581.00 5810.00 120 108 MIX COMPLIANCE PRICE ADJUSTMENT CALC 1 51.00 51.00 51.00 51.00 51.00 51.00 121 COMPACTION PRICE ADJUSTMENT CALC 1 51.00 51.00 51.0051.00 51.00 51.00 122 ADJUST EXISTING CATCH BASIN OR DRYWELL EACH 14 51,000.00 514,000.00 51,200.00 ^ 516,800.00 5710.00 59.940.00 123 ADJUST EXISTING MANHOLE EACH 9 51,000.00 59,000.00 51,200.00 510,800.00 5710.00 56,390.00 124 ADJUST UTILTTY VAULT EACH 4 51,000.00 54,000.00 51,200.00 54,800.00 51,130.00 54,520.00 125 ADJUSTGASVALVE EACH 1 51,000.00 51,000.00 5880.00 5880.00 5425.00 5425.00 126 .ADJUST EXISTINGWATER VALVE EACH 22 51.090.00 522,000.00 5880.00 519,360.00 5425.00 59.350.00 127 EROSION CONTROL LS. 1 L5. 52,000.00 L5, 55,500.00 LS. 5935.00 128 SOD INSTALLATION 53. 70 535.00 52,450.00 525.00 51,750.00 519.00 51,330.00 129 BARK MULCH 5.3. 14 530.00 5420.00 522.00 5300.00 520.00 5280.00 130 TOPSOIL, TYPE C2IN. DEPTH. S.Y. 20 535,00 5700.00 530.00 5600,00 535.00 5700.00 131 LANDSCAPING ROCK SALVAGE SY 9 530.00 5270,00 $33.00 5297.00 535.00 5315.00 132 IRRIGATION SYSTEM REVISION EACH 10 5750.00. 57,500.00 51,050.00 510,500.00 5925.00 59,250.00 133 CEMENT CONCRETE TRAFFIC CURB LF. 780 540.00 531,200.00 535.00 527,300.00 548.00 537,440.00 134 CEMENT CONCRETE PEDESTRIAN CURB LF. 320 530.00 59.600.00 $30.75 59.840.00 538.00 512,160.00 135 LCEMENTCONCRETE DRIVEWAY S.Y. 40 575.00 53,000.00 595.00 53,840.00 5100.00 54,000.00 136 MONUMENT CASE AND COVER EACH I $600.00 5600.00 5880.00 5880.00 5815.00 3815.00 137 CEMENT CONCRETE SIDEWALK 5.Y. 120 555.00 56.600.00 581.00 59,720.00 572.00 58,640.00 138 CEMENT CONCRETE CURB RAMP TYPE PARALLELA EACH 13 53,000.00 539,000.00 52,357.00 530,641.00 51,870.00 524,310.00 139 CEMENT CONCRETE CURB RAMP TYPE CUSTOM SINGLE DIRECTION A EACH 2 53,000.00 56,000.00 52,140.00 54,280,00 51,750.00 53,500.00 140 CEMENT CONCRETE CURB RAMPTYPEB EACH 2 53,000.00 56,000.00 51,700.00 53,400.00 51750.00 53,500.00 141 JUNCTION 8OX, TYPE 2 EACH 2 51,250.00 52,500.00 51540.00 53.080.00 51,460.00 52,920.00 142 NON-INTRU5IVE VEHICLE DETECTION SENSOR SYSTEM LS. 1 LS. 525,000.00 LS. 533,700.00 L5. 533,200.00 143 TRAFFIC SIGNALSYSTEM.MODIFICATIONS L.S. 1 L5. 545,000,00 1,5, 522,500.00 L.5. 527,400.00 144 PERMANENT SIGNING LS. 1 LS. 51,000.00 LS. 5600.00 LS. 5850,00 145 PLASTIC LINE LF. 4930 53.00 514,790.00 51.00 54,930.00 52.00 54,930.00 146 PLASTIC STOP UNE LF. 200 575.00 53,000.00 513.50 52,700.00 514.50 52,900.00 147 PLASTICCROSSWALK UNE 5,F, 554 59.00 54,986.00 59.00 54,986.00 510.00 55,540.00 $687,834.50, BID TABULATION Spokane Walley Argonne Road Preservation Project Project CIP No.0252, Federal Aid Project No.: STPUL-4059(004) Bid Opening; Friday, 10:00 AM PDT, October 26, 2018 Spokane Valley Gty Council Chambers,10210 E Sprague Avenue, Spokane Valley, WA Schedule A - Roadwork Engineers Estimate Inland Asphalt Company T. LaRiviere Equip. & Excav, Item 6 Description Units Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 148 PLASTIC TRAFFFC ARROW EACH 3 5150.00 5450.00 5250,00 5750.00 5260.00 5760,00 149 REMOVE PAVEMENT MARKING 5.F. 518 55.00 52,590.00 55.00 52590.00 55.00 52,590.00 150 TEMPORARY PAVEMENT MARKING - SHORT DURATION' _.. L.F. 5000 51.00 55,000.00 $0.50 52,500.00 50.50 52,500.00 Total Sched A - DUCTILE IRON STORM SEWER PIPE 10 IN. DIAM. 5529,213.005619,562.00 54 5100.00 55,400.00 5643,299.50 Schedule 8 -Storm Water Work Engineers Estimate Inland Asphalt Company T. LaRiviere Equip. & Excel/. Item 0 DeScrIptian Units Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 201 REMOVE EXISTING CATCH BASIN EACH 2 5750.00 51,60000 5880.00 51.76000 51,070,00 52,140.00 202 A8ANDON EXISTING DRYWELL EACH 1 $2,500.00 52,500.00 5880.00 $880.00 5665.00 5665.00 203 REMOVE STORM DRAINPIPE LF. 18 520.00 5360.00 538.50 5693.00 510.00 5180.00 204 DUCTILE IRON STORM SEWER PIPE 10 IN. DIAM. L.F. 54 5100.00 55,400.00 5190.00 510,260.00 565.00 53,510.00 205 CATCH BASIN TYPE 1 EACH 8 53,000.00 524,000.00 52,100.00 516,800.00 52,460.00 519,680.00 206 COMBINATION INLET EACH 4 51,500,00 56,000.00 51,650.00 $6,600.00 51,550.00 56,200.00 207 TYPE 4 FRAME AND SOLID COVER EACH 1 51,000.00 51,000.00 51,550.00 52,550.00 5615.00 5615,00 208 RECTANGULAR SOLID METAL COVER AND FRAME EACH 1 51,000.00 51,000.00 51,325.00 51,325.00 5615.00 5615.00 209 CONNECTION TODRAINAGE STRUCTURE EACH 3 51,500.00 54,500.03 51,100.00 53,300.00 51,010.00 53,030.00 210 CONNECTION TO EXISTINGORYWELL EACH 3 51,500.00 54,500.00 5660.00 51.900.00 51,01040 53,030.00 211 CONNECTTO EXISTING PIPE EACH 1 51,000.00 51,000.00 5880.00 _ 5880.00 5750.00 5750.00 212 SPILL CONTROL SEPARATOR EACH 4 51.000.00 54,000.00 51,320.00 $5,280.00 5375.00 51.500.00 213 STORM DRAIN ENCASEMENT LF. 20 575.00 51,500.00 5105.00 52.100.00 560.00 51,200.00 214 PLUGGING EXISTING PIPE EACH 1 5250.00 5250.00 5330.00 5330.00 51,120.00 51,120.00 215 TRENCH EXCAVATION SAFETY SYSTEM L.S. 1 LS. 51,000.00 LS. 5700.00 1.5. 5300.00 Total 5ched 0 - 558,510.00 554,438.00 544535.00 TOTAL (Alt schedules) 1 $687,773.00 $674,000.00 U . ALD ,e,. 4�t-v wasy�v� -.) "'.. U1 �s 0 .'-e 4.4 27578 11o�1 #kfafsTES TONAL Bid Proposal Checklist Bid Proposal Form Addendas Acknowledged Contractor Info Bld Qualifications Bid Band Reps& Certs Wage Compliance Certification Nan -Collusion Declaration Local Agency Cert. for Federal -Aid Contracts CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 6, 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: Motion Consideration: Mayoral Appointments to Salary Commission GOVERNING LEGISLATION: Spokane Valley Municipal Code 2.10 PREVIOUS COUNCIL ACTION TAKEN: 7-31-2018: Mr. Calhoun's City Manager Comments at the end of the meeting included mention of a previous comment at the July 24, 2018 Council meeting by a citizen who stated that he thought the Council's wages should be reviewed. Mr. Calhoun noted that the last time those salaries were reviewed was 2006 and he asked if Council is interested in having a future administrative report on methods to be used to change Council salary, and Council agreed. 8-21-2018: City Attorney Driskell explained about the two ways a Council's pay could be adjusted, and it was Council's consensus to move forward on the option of having a salary commission, and to bring back an ordinance to update the Municipal Code accordingly. 9-11-2018: First reading Ordinance 18-021 amending SVMC 2.10. 9-25-2018: Second reading Ordinance 18-021; Ordinance was approved and became effective October 3, 2018. BACKGROUND: The Spokane Valley Municipal Code 2.10 calls for the creation of an independent salary commission to review and establish the salaries of the mayor and the council members, which commission shall consist of five members appointed by the mayor and confirmed by the city council, which commission shall serve without compensation for a term of up to one year. To be eligible for the commission, applicants must be a citizen of the United States, a resident of the City for at least one year immediately preceding such appointment and while serving on the independent salary commission, and a registered voter in Spokane County. Ads seeking commission members were placed in the Valley News Herald and the Exchange on September 28, and October 5, and 12, and in the Spokesman Review's Valley Voice on September 27, and October 4 and 11. The deadline to submit applications was 4:00 pm Monday, October 15, 2018. Because only two applications were received, new ads were sent to the newspapers announcing the extended deadline of 4:00 pm Tuesday, October 30, with an anticipated appointment date of November 6, 2018. Eight applications were submitted by the October 30 deadline. The Mayor intends to appoint five members plus an alternate who would attend the meetings as an observer only and would only actively participate if one of the other individuals would no longer be able to participate. OPTIONS: Confirm or not confirm, the Mayor's appointments to the Salary Commission. If some or all of the Mayor's appointments are not confirmed by Council, the Mayor may either make another recommendation(s), or the matter can be postponed. RECOMMENDED ACTION OR MOTION: "I move to confirm the Mayor's appointments to the Salary Commission of the following individuals: and and as an alternate; each for a term of not more than one year from date of appointment. BUDGET/FINANCIAL IMPACTS: unknown STAFF CONTACT: Chris Bainbridge, City Clerk ATTACHMENTS: 1. Spokane Valley Municipal Code 2.10 2. Applications for appointment consideration from: 1. Daniel J. Allison 2. Bill Gothmann 3. John Harding 4. Michael Moore 5. Steve Robertson 6. Chuck Simpson 7. Tes Sturges 8. Kathe Williams Spokane Valley Municipal Code Page 1/2 Chapter 2.10 SALARIES AND POSITION CLASSIFICATION Chapter 2.10 SALARIES AND POSITION CLASSIFICATION Sections: 2.10.010 Salary. 2.10.020 Independent salary commission. 2.10.010 Salary. A. Council Members. Each city council member shall be entitled to receive a salary as established by the independent salary commission, or as established through adoption by city council of a separate ordinance setting the salary for city council members. This salary shall be paid once per month. B. Mayor. The mayor shall be entitled to a salary as established by the independent salary commission, or as established through adoption by city council of a separate ordinance setting the salary for the mayor. This salary shall be paid once per month. C. Adjustment by Independent Salary Commission. If the City's independent salary commission establishes a salary schedule for the mayor and council members, those salaries shall take effect at the times, in the amounts, and under the conditions established in the schedule or as otherwise provided by law. (Ord. 18-021 § 2, 2018; Ord. 04-018 § 1, 2004). 2.10.020 Independent salary commission. A. Independent Salary Commission. 1. Creation of Independent Salary Commission. The City may appoint an independent salary commission. 2. Purpose. The purpose of the independent salary commission shall be to review and establish the salaries of the mayor and the council members. 3. Composition. The independent salary commission shall consist of five members appointed by the mayor and confirmed by the city council. 4. Compensation. The independent salary commission shall serve without compensation. 5. Term. The term of appointment is up to one year. 6. Qualifications. a. Each person appointed to serve as a member of the independent salary commission shall be a citizen of the United States, a resident of the City for at least one year immediately preceding such appointment and while serving on the independent salary commission, and a registered voter in Spokane County. b. No officer, official, or employee of the City or any of their immediate family members may serve on the independent salary commission. "Immediate family member" as used in this section means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee. 7. Operation. a. The independent salary commission shall elect a chair and vice chair from among its members. The independent salary commission may establish and adopt rules of procedure for the efficient and fair conduct of its business. b. The city manager shall appoint staff and make available supplies and equipment to assist the independent salary commission in preparation of its reports and records. c. Any communication from the independent salary commission to any member of the city council while reviewing the schedule of salaries shall be in writing and made part of the record of the independent salary commission's proceedings. d. The independent salary commission shall keep a written record of its proceedings, which shall be a public record in accordance with state law, and shall actively solicit public comment at all meetings which shall be subject to the Open Public Meetings Act, Chapter 42.30 RCW. e. The first meeting of the independent salary commission shall occur no later than 20 days after the appointments are made by the city council, and the commission shall review and, if it so determines, amend and file its schedule of salaries with the city clerk within 90 days after appointments are made by the city council. f. Three members of the independent salary commission shall constitute a quorum and the affirmative vote of three members shall be sufficient for the decision of all matters and the transaction of all business. Spokane Valley Municipal Code Page 2/2 Chapter 2.10 SALARIES AND POSITION CLASSIFICATION 8. Responsibilities. To determine the appropriate rate of compensation, the independent salary commission shall assess the market rate of compensation for elected city officials and study the relationship of salaries to the duties of the mayor and the city council members. Salaries shall be established by an affirmative vote of not less than three members. 9. Removal. A member of the independent salary commission may only be removed during the appointment term for cause such as incapacity, incompetence, neglect of duty, malfeasance, or for a disqualifying change of residence. 10. Filing Date — Salary Schedule. The independent salary commission shall file its salary schedule with the city clerk who will publish the schedule two times, at least one week apart, in the official newspaper of the City. The second date of publication shall be considered the official filing date of the salary schedule. 11. Effective Date — Salaries. The independent salary commission's salary schedule shall become effective in the amounts, at the times, and under the conditions established in the schedule unless a referendum has been filed pursuant to SVMC 2.10.020(B). Once filed, the schedule shall be incorporated into the City budget without further action of the city council or independent salary commission. Salary adjustments established by the independent salary commission that result in a salary increase shall be effective immediately as to all council members and/or the mayor, regardless of their terms of office. If the salary adjustment established by the independent salary commission results in a salary decrease, the decreased salary shall be effective at the commencement of the incumbent's next subsequent term of office. B. Referendum. 1. Salary Schedule Subject to Referendum Petition. a. The independent salary commission's adopted salary schedule shall be subject to referendum petition by the people of the City. Any such petition shall be filed with the city clerk within 30 days after the official filing date of the salary schedule. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by a vote of the people. b. Referendum measures shall be submitted to the voters of the City at the next following general or municipal election occurring 30 days or more after the petition is filed, and shall be otherwise governed by the provisions of the Washington State Constitution or other laws generally applicable to referendum measures. 2. Referendum Statement. A referendum statement on a petition shall be phrased in the following language: Should the salary schedule filed with the City Clerk of the City of Spokane Valley by the Independent Salary Commission on be repealed in its entirety? Your signature on this petition indicates your vote in favor of repeal of the attached salary schedule in its entirety. A copy of the salary schedule or ordinance to such referendum petition shall be attached to each referendum petition for the information of the parties requested to sign such petition. 3. Initiative Provisions Applied to Referendum Process. All state law provisions applicable to the form of the petition and sufficiency of signatures required for an initiative petition as set forth herein, and to the submission to the vote of the people as set forth herein, shall apply to a referendum petition and to the salary schedule sought to be defeated thereby. 4. Referendum — Effective Date — Record. If a majority of the number of votes cast on the referendum oppose the salary schedule or ordinance, such salary schedule or ordinance shall be deemed repealed following the certification of the vote. (Ord. 18-021 § 2, 2018; Ord. 06-021 §§ 1, 2, 2006). Application Form for Committees/Boards/Commissions Spokane .Valley Return completed form to City Clerk: Spokane Valley City Hall 10210 East Sprague Avenue Spokane Valley, WA 99206 Phone: 509-720-5102 cbainbridoe a spokanevallev.orU [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an original, signed application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING. OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Chec [ ] Planning Commission — Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years. Applicants are selected without respect to political affiliations, and serve [ ] Lodging Tax Advisory Committee (LTAC) - Need not be a Spokane Valley resident. (Se Terms are for one or two years. Committee consists of five members: One Councilmember: appointed by the Mayor, confirmed by the Council. Two who represent a business required to collect the tax (hotels, motels, etc.). Two involved in funded activities (such as a non-profit organization to increase tourism) Identify the business or organization you represent [ ] Spokane County Housing and Community Development Advisory Committee HCDA HCDAC includes two Spokane Valley residents; terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane Housing Authority (SHA) — regional committee, five members. Terms are five years. One individual directly assisted by the Authority, jointly appointed by Spokane Mayor, Spokane Valley Mayor, and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ] Tourism Promotion Area, Hotel Advisory Committee (aka Hotel/Motel Association) — Terms are for three years. Spokane Valley appoints two members, and one ex -officio (a member of Council). A 1 nominees must Joe operators .1 employees gf loclgigg business within Spokane County. Name (please print): f�N/ 1- V , /7/_/,/50A) Complete residence address: MO& /Vi /7_49A 5/diet( i fnzy %90f/0 one Th, note requirements] thout co chapter ty 3.21 ''Zf1 ,"z- o o � �O CT � ofspo 20/8 City cane Street City Zip Code Complete mailing address (if different from above address): Length of time residing at current address: "/3,c�S U.S. Citizen? [ s [ ]no WA State registered voter? [ es [ ]no What is your preferred way for us to contact you: [Note: Ifyou 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.] [ ] Home Phone: [ ] Work phone: [ ] Cell Phone: 5 o b 7z TXT [] Other message hone: [ ] E-mail address: (please print clearly): tCfl72.2 citrAi 9'n,g/4 , (pi/J.,/ [ ] Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. [ ] present [ ] previous Name of employer: //'�/ /Xi'3 MbkiC -%/a.(J /710/QTc U! . Address: O ,/// Li— Phone:.--xo' Position held: d�,z/' , Dates of employment: 67/1-1- 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: 4. [ ] present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION:L �/n Name of high school L Uel Zf Address: Diploma or GED: [ ] yes [ ] no Trade school/college/university: Name of Schoole Address: Diploma: [ yes [ ] no Trade school/college/university: Name of School Diploma: [ ] yes [ ] no Degree or certification earned: Address: Degree or certification earned: Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social, fraternal, organizations, etc. 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous PROFESSIONAL ORGANIZATIONS. Local, state, or national government boards, committees, or commissions on which you serve or have served. 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous REASO,N S for applying for this committee, commission, board: MA)Z-1 /5 frJ�, 7/) G/r/L By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represen conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this ap c do 's s e disclosure pursuant to chapter 42.56 RCW. Signature DateSig ned Spo �.._�: .000Valley° Applications Form for Committees/Boards/C 11111 Return completed form to Ci Spokane Valley City Hall 10210 East Sprague Avenue S Phone: 509-720-5102 cbainb [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Cle application prior to appointment. One application per position please. DO NOT SUBMIT AN APP OPENING. OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPE Call the City Clerk if you have questions.] misa> CE Nc-' D Clerk: OCT 1 2016 of a - Valley, WA 99206 d �: n:.acs� 's office will : + S ,• �_ sY Otey ►`u IS AN I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box; note requirements] [ ] Planning Commission—Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years. Applicants are selected without respect to political affiliations, and serve without compensation. [ ] Lodging Tax Advisory Committee (LTAC) - Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years. Committee consists of five members: One Councilmember: appointed by the Mayor, confirmed by the Council. Two who represent a business required to collect the tax (hotels, motels, etc.). Two involved in funded activities (such as a non-profit organization to increase tourism). Identify the business or organization you represent [ ] Spokane County Housing and Community Development Advisory Committee (HCDAC) HCDAC includes two Spokane Valley residents; terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force — Terms are for four years. Must be a resident of Spokane Valley. The Board currently meets 2nd Tuesday of each month, 3:30 to 5:00 at Catholic Charities, 12 E 5th Spokane. [ ] Spokane Housing Authority (SHA) — regional committee, five members. Terms are five years. One individual directly assisted by the Authority, jointly appointed by Spokane Mayor, Spokane Valley Mayor, and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ] Tourism Promotion Area, Hotel Advisory Committee (aka Hotel/Motel Association) — Terms are for three years. Spokane Valley appoints two members, and one ex -officio (a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ ] Other: iGc hv Cdr t), i Ss• Wet Name (please print): : UWL i4 • 33. 6'Ei1 ma a ) Complete residence address: 100/0 6 41 h ikoz., »Ja `-t(% "Ike) f j LC l- cr 6 W 6 Street City Zip Code Complete mailing address (if different from above address): Length of time residing at current address: U.S. Citizen? [X]yes [ ]no WA State registered voter? [yes [ ]no What 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 it formation. Once this document is submitted to the City, it becomes subject to public disclosure.] [ ] Home Phone: [ ] Work phone: [Se7 Cell Phone: CSI 1 le b ©O [ ] Other message phone: [4E -mail address: (please print clearly): !a C 1- COM CCS S`T o n [ ] Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. [ ] present [ ] previous /� Name of employer: -1 _ C�t,1,1- & t 11 1< ` c cc Address: pO Bb 36:s, LI h.e,14is Lot471 Position held: CB i-'rLespmilvg•e0-c-- 11u /v Phone: z Dates of employment: - /2 ®E k-esefrE 2. [ ] present previous Name of employer: CA. at"( 510 o1/ t n - Alt-t) ` et Address: )b � (0 , 5 po is c,( a t✓ l Eioo k'a tke.... U oz it el Phone: '7�o - ...6- nob Position held: Cei r�ci) m0 rtlkaei^ Ilates of employment: b051 -ad 1t7 .4 J f 1 " C /z© )7 3. [ ] present KJ previous Name of employer: a_c 471 0` t" 5 Address: Ch enei Phone:3 53' "6 wo Position held: A.55®G . Pv•eSe s ®Y `Tch rt,010 c89 Dates of employment: Lq9 c9--- `l f cf.? 4. [ ] present [) previous Name of employer: V c1r-t`@ c S E l`ad7tt' rvk 'r' fir) s Address: e, - Position held: )?,sok,-, z(e rho c`17� ev- �: o�5n��h��v`���� EDUCATION: Name of high school Xi m� r GED: [>C] yes [ ] no 0.44) Ce4 o Ted heelfsel}ege/university: Name of School Diploma: [X] yes [ ] Tr scl�eelIG444ege/u�nivvers try Name of School 6_o 111 z 5 a_Diploma: kryes [ ] no Phone: Dates of employment: 19 a t — �ci Address: Se 6 kettle, a s (� nt r Address: (i h e rt etS, k9 A es no Degree or certification earned: 1114,s r 13 s A c.-� v0,10 N1 s3 61G . A '?ea ch rtA Address: Pe he, Degree or certification earned: 13, S . ca...I n , Other relevant certifications/licenses: `� (eis �Q DELI 1✓ .7 h e�r�h 1-,tG-n E!ec )-0 ec) 1'ce,b` 6Csh �t Ko cea-- �c-� h r1:1 cz.,5 tic6 — H c t1 VOLUNTEER EXPERIENCE: Name of social, fraternal, organizations, etc. 1. [ ] current previous -' [ctn A < rl d Ca M a' it 5scCca (1) 5. P Q l c-ci rve...- V -'ej 2. [ ] current [ previous U`tz (X 4 ef� t- 3 3. [ ] current [)J previous 1'L.( 0 At? A % c le_- rei e b i -b id. ei 4. [ ] current [)(] previous 6 (J A, rp si . PROFESSIONAL ORGANIZATIONS. Local, state, or national government boards, committees, or commissions on which you serve or have served. 1. [ ] current [X1 previous lt9Cash en S - Tri `'t5 w >drev, -ee me (3o 2. [ ] current [ previous H G`)&r Pie_ - CQ tt.irl- mi 3. [ ] current X] previous p o k e Lte f & hct, ( IA -1- t' &Q 4. [ 1 current M previous 7 -- g c Llk9€ elk e. 5. [ ] current [previous. C- ;k54?c«.i r' -e- ect:,1'c1 `C--0:9 — rS k Q-4" %? .,%' 742.zo v i c i REASONS for applying for this committee,ltcommission, board: GOA - cdr- -e ine-11, k+10Le1 �p., 9k b4C� - oz. c&u c I vne ti7`be y, 6.96:s (R rt i`. U the Cv / `'''J "C 1-", *" By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subject tydisclosure pursuant to chapter 42.56 RCW. Signature Date Signed Application Form for Committees/Boards/Commissions SpokU11 (N ane Return completed form to City Clerk: .0•0 Valle Spokane Valley City Hall y 10210 East Sprague Avenue Spokane Valley, WA 99206 Phone: 509-720-5102 cbainbridge ,spokanevallev.org [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an original, signed application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING. OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box; note requirements] [ ] Planning Commission —Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years. Applicants are selected without respect to political affiliations, and serve without compensation. [ ] Lodging Tax Advisory Committee (LTAC) - Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one ortwo years. Committee consists of five members: One Councilmember: appointed by the Mayor, confirmed by the Council. Two who represent a business required to collect the tax (hotels, motels, etc.). Two involved in funded activities (such as a non-profit organization to increase tourism). Identify the business or organization you represent [ ] Spokane County Housing and Community Development Advisory Committee (HCDAC) HCDAC includes two Spokane Valley residents; terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane Housing Authority (SHA) — regional committee, five members. Terms are five years. One individual directly assisted by the Authority, jointly appointed by Spokane Mayor, Spokane Valley Mayor, and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ] Tourism Promotion Area, Hotel Advisory Committee (aka Hotel/Motel Association) — Terms are for three years. Spokane Valley appoints two members, and one ex -officio (a member of Council). All nominees must be operators or employees of lodging business within Spokane County. Ct'f ZEN/ 5 I bVl 50,1t COiNAmlTT E 0/4 COLJAJCI L SA LA f E S Name (please print): T©i-lNl C. /4A.Fib I G - Complete residence address: E. f .s 'DES-Art.1Fr LSO inK kIJL� VALLEY ;l �o Street City Zip Code Complete mailing address (if different from above address): Length of time residing at current address:h g U.S. Citizen? [yes [ ]no WA State registered voter? 4(]yes [ ]no What is your preferred way for us to contact you: [Note: Ifyou 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.) p(] Home Phone: 5 09 q 14 L30 [ ] Work phone: [ ] Cell Phone: [ ] Other message phone: [ ] E-mail address: (please print clearly): [ ] Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. [j(] present [ ] previous Name of employer: q U A 4... IT y S E Rel l CE S Address: P. D1 i303( //(0a.. ,SP121 i d..AKE- IDAHO Phone: / rug 6q f 91 50 Position held: 5E C(JA.J TY OF F I (-I f. Dates of employment: LAST if1- ',MS 10-22— 1 12 -ri: :0'7 fiC1' 0 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: 4. [ ] present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION: Name of high school ,570 F' k R j 5 Address: c2 N) it (L4 L Diploma or GED: [y] yes [ ] no Trade school/college/university: Name of School 5 CC Address: Diploma: [>,] yes [ ] no Degree or certification earned: AA Trade school/college/university: Name of School Diploma: [ ] yes [ ] no Address: Degree or certification earned: Other relevant certifications/licenses: VOLUNTEER E ERIENCE: Name of social, fraternal, organizations, etc. 1.[ ] current [ p vious e..i r i'ZEA/ 5 AGAINST' 62U4)J{ DRItiedC 2. [ ] current [ �previous (SLAj<E r tr1-6`rAPI PTA 3. [ ] current [ �J'Pr vious A D 14 DC.- C. yin 41i ' a-&;' Fo 12., PO Erg P i iJ c:: 5 RA Z. l !vI 4. [ ] current [ previous G V B0011-61/2-- C.LJ t3 PROFESSIONAL ORGANIZATIONS. Local, state, or national government boards, committees, or commissions on which you sere r have served. 1. [ ] current [ previous LGAlam. - I S POKMt[ 4 FIRE F1 a N l 12,x" ��C' c. Boivzb 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous REASONS for applying for this committee, commission, board: 7b 13 is A I S /'t74) S / 8 LE GUT ca6:. By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subject to disclosure pursuant to chapter 42.56 RCW. C7 Signatu Date gned S ems; Application Form for Committees/Boards/Commissions Return completed form to City Clerk: Spokane Valley City Hall 10210 East Sprague Avenue Spokaue Valley, WA 99206 Phone: 509-720-5102 cbainbridueq.spokanevalley.org, [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an original, signed application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING. OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box; note requirements] [ ] P1alurine,Commission— Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years. Applicants are selected without respect to political affiliations, and serve without compensation. [ ] Lodging Tax Advisory Committee (LTAC) - Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years. Committee consists of five members: a One Councilmember: appointed by the Mayor, confirmed by the Council. i L `.+� i E D Two who represent a business required to collect the tax (hotels, motels, etc.). Two involved in funded activities (such as a non-profit organization to increase tourism). N:1., 1 2 ;i 20'3 Identify the business or organization you represent [ ] Spokane County Housing_and Cornmtlnity Develonrnent,4.dvisory Cotnmittee (HCDAC1 CITY OF SPOKANE VALLEY HCDAC includes two Spokane Valley residents; terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force — Terms are for four years. Must be a resident of Spokane Valley. The Board currently meets 2"a Tuesday of each month, 3:30 to 5:00 at Catholic Charities, 12 E 5th Spokane. [ ] Spokane Housing Authority (SHA) - regional committee, five members. Terms are five years. One individual directly assisted by the Authority, jointly appointed by Spokane Mayor, Spokane Valley Mayor, and Chair offoard of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ] Tourism Promotion Area. Hotel Advisory Committee (alta Hotel/MoteI Association) — Terms are for three years. Spokane Valley appoints two members, and one ex -officio (a member of Council). All nominees must be perators or employees of lodging business within Spokane County. >] Other: 54 ``GAJ Name (please print): / " 1, c>, e_ Moor Complete residence address: /5,2.1 a E. az' C .^4— Si2ok, Vn.IIzy l0 1 Street City J Zip Code Complete mailing address (if different from above address): N/A Length of time re ding at current address: a. ('t e. ; s U.S. Citizen? [.�]y es [ ]no WA State registered voter? [ es [ ]no What is your preferred way for as to contact you: [Note: ,If you have an unlisted phone number, or do not wish your e- mail address Heade public, do not include that information. Once this docuniena is submitted to the Ciry, it becomes subject to publi disclosure.] [.Nome Phone: 50 9 -9..j L9� O L( [ .1 Work phone: [ ] Cell Phone: [ ] Other message phone: [ ] E-mail address: (please print clearly): [ ] Regular mail to residence or mailing address shown above EMPLOYMENT: ase start with most recent) 1. [ J present [ previous �.— Name of employer: U STA - S -I 0.4 C. S / et rl i+5 A- s S a c ‘' cc - - C o Address: ''7q X3�•>>� ro:. 1700 8 Phone: 50 `i - 99 t - 04,9 Position held:/ z„„,' S .� ,, 4t Dates of employment: SI&.2O ico - (rj 2. [ ] present [ �revious Name of employer: Address: as 4J1. /1/6c Ay,' Position held: C‘.4 . c. 3. [ ] present [ previous Name of employer: r•-/- /4f ;'t.� / C 4 Address: / o ! w{'` .S j�Qlss � Wc.. _ ci G l( Phone: 50 -!-/7- 31L Position held: C�,r�t,'�,c ,5..,� �„�. , ,(� t— Dates of employment: . oo 5 - gc.)1( Phone: .54.)i- 56L-21-__7 17..Ca Dates of employment: 2 o/ / - Zo /5 4. [ ] present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION: -7-- / Name of high school—1—nTer Jo. /Ce_ Diploma or GED: j4 yes [ ] no Trade schoolcollege/university: Name of School Diploma: 1>4 yes [ ] no Trade school/college/university: Name of School Diploma: [ ] yes [ ] no Address: 9goo8 Address: / 8)0. N. G r ee-„ e 5 f 6,0,-.1,„ _ ,°2J1 Degree or certification earned: A A S- N0., nu t, s , s c,, lc, r /2� AGIC,y/ Address: Degree or certification earned: Other relevant certifications/licenses: A/ /A VOLUNTEER EXPERIENCE: Name of social, fraternal, organizations, etc. l.. [vf current [ ] previous 1<ti r (,-i-s tP C / . ek, u 2. [ urrent [ ] previous re k c, 3. [ ] current [ ] previous 4. [ ] current [ ] previous PROFESSIONAL ORGANIZATIONS. Local, state, or national government boards, committees, or conunissio.ns on which you serve or have served. I. [ ] current [ ] previous A/ /A _ 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous REASONS for applying for this committee, commission, board: /.'kms Le_ kJ.,.. u�,;t By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and. belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position_ I understand this application is subject to disclosure pursuant to chapter 42.56 RCW. /0 - -,act Signature Date Signed Application Form for Committees/Boards/Commissions Spokane Return completed form to City Clerk: .0.60Valley 1 �� ,;, Spokane Valley City Hall `� 10210 East Sprague Avenue Spokane Valley, WA 99206 Phone: 509-720-5102 cbainbridgeaspokanevalley.org [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an original, signed application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS THFRE IS AN OPENING. OPENINGS ARE POSTED ON TIIE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box; note requirements] [ ] Planning Commission — Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years. Applicants are selected without respect to political affiliations, and serve without compensation. [ ] Lodging Tax Advisory Committee (LTAC) - Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years. Conunittee consists of five members: One Councihnember: appointed by the Mayor, confirmed by the Council. Two who represent a business required to collect the tax (hotels, motels, etc.). LL CCOMLD Two involved in funded activities (such as a non-profit organization to increase tourism). Identify the business or organization you represent [ ] Spokane County Housing and Community Development Advisoi Committee HCDAI OCT 2 4 2018 HCDAC includes two Spokane Valley residents; terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commis . on�r�y Of Spokane Valley Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force — Terms are for four years. Must be a resi ent of SpokcaltYaleterk The Board currently meets 2"a Tuesday of each month, 3:30 to 5:00 at Catholic Charities, 12 E 5t Spo ane. [ ] Spokane Housing Authority (SHA) — regional committee, five members. Teiins are five years. One individual directly assisted by the Authority, jointly appointed by Spokane Mayor, Spokane Valley Mayor, and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ] Tourism Promotion Area, Hotel Advisory Committee (aka Hotel/Motel Association) — Terms are for three years. Spokane Valley appoints two members, and one ex -officio (a member of Council). All nominees must be oper ors or employees of lodging business within Spokane County. yl„Qther:tt.C' y ,nv�, Name (please print): v (\. o �.eh f Sc ni Complete residence address: /2 /9 G r'4 Ave A l& ' q2 ((� Street City Zip Code Complete mailing address (if different from above address): // Length of time residing at current address: zi /ves U.S. Citizen? {,yes [ ]no WA State registered voter? [],yes [ ]no What 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.] [ ] Home Phone: [ ] Work phone: [ ] Cell Phone: [ ] Other message phone: [ ] E-mail address: (please print clearly): . 4._LC Iq.. /i..M rine @ cow. tdADE [ ] Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. [ ] present [X] previous _ Name of employer: 1/A511/N� r ATe" 19:4770Z -- Address: ,Ly/'n,7f'4) livPhone: Position held: 5AR 7e, Dates of employment: is cT i n - o c -r 2. [ ] present [ 1- previous Name of employer: (/t. , 5, t/4V'j Address: '- / Phone: Position held: '1 -Dates of employment: u/t/_:,- / 9 - J tic l O 3. [ ] present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: 4. [ ] present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION: Name of high school Address: Diploma or GED: [ ryes [ ] no Trade school/college/university: Name of School G. Address: Diploma: [ ] yes [vino Trade school/college/university: Name of School Diploma: [ ] yes [ ] no Degree or certification earned: Address: Degree or certification earned: Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social, frate xnal, organizations etc. 1. [ ] current [ previous 7 o, i' "1/ (175 at s a.z y 2. [ ] current [ ] previous (/-7Gc4y . V /4 p4'li .A.jis 3. [ ] current [ ] previous 4. [ ] current [ ] previous PROFESSIONAL ORG ZATIONS. Local, state, or national government boards, committees, or commissions on which you serve or hav served. 4 1. [ ] current [ ] previous` tt 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous REASONS for applying for this committee, commission, board: C _..-Gr?t-/P• e ht(,t et. / By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subject to disclosure pursuant to chapter 42.56 RCW. Signature /6474 Date Signed Application Form for Committees/Boards/Commissions Sp,� 0 ane Return completed form to City Cleric: Valle Spokane Valley City Hall it y 10210 East Sprague Avenue Spokane Valley, WA 99206 Phone: 509-720-5102 cbainbridge(a�spokanevallev.org [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an original, signed application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING. OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box; note requirements] [ ] Planning Commission—Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years. Applicants are selected without respect to political affiliations, and serve without compensation. [ ] Lodging Tax Advisory Committee (LTAC) - Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years. Committee consists of five members: One Councilmember: appointed by the Mayor, confirmed by the Council. Two who represent a business required to collect the tax (hotels, motels, etc.). Two involved in funded activities (such as a non-profit organization to increase tourism). Identify the business or organization you represent [ ] Spokane County Housing and Community Development Advisory Committee (HCDAC) HCDAC includes two Spokane Valley residents; terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane Housing Authority (SHA) — regional committee, five members. Terms are five years One individual directly assisted by the Authority, jointly appointed by Spokane Mayor, Spokane eSW tram Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. p One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. CITY OF SPOKANE VALLEY [ ] Tourism Promotion Area, Hotel Advisory Committee (aka Hotel/Motel Association) — Terms are for three years. Spokane Valley appoints two members, and one ex -officio (a member of Council). All nominees must be operators or employees of lodging business within Spokane County. Name (please print): C F' Gt.Y"l C.- 5' [, • 51 vn t c:n G +c-.) Complete residence address: 900 3.-._ cL..- i do (ku - J pc,jes.4 - V4,1l e 5 92-1 L Street 'City Zip'Code Complete mailing address (if different from above address): Length of time residing at current address: 4-- Z e c• r, U.S. Citizen? [ reb [ ]no WA State registered voter? [ 4 [ ]no What 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.] [ ] Home Phone: [+s Work phone: 50 9 9 - -• (3 z L [v] Cell Phone: 5° e'6 9 & 5 S Z^ [ ] Other message phone: [ L1'E-mail address: (please print clearly): G hu c �� eS + ►�. ps oet E v13 n c_c-Um ' G ,:i [ ] Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. [] present [ ] previo>rs _ Name of employer: + me Sri t 1"0 c_6 Address: 90 9 N 1`C� Phone: $50 % 9Z G 1 37 Position held: Frz-s t Dates of employment: 1 9dr. c) — 2. [ ] present [,] previous Name of employer: 5 Address: 0-1 Position held: LnJt„`,er 3. [ ] present [ ] previous Name of employer: Address: I- 7 C Phone: Dates of employment: 1 `3 1'• Position held: 4. [ ] present [ ] previous Name of employer: Address: Phone: Dates of employment: Position held: EDUCATION: Name of high school VllK-s+ V/c [e Diploma or GED: [>4 yes [ ] no Phone: Dates of employment: Address: Mitt Trade school/college/ niversity•1 111 -10 -en �, Name of School 5 Address: Pu Diploma: [f yes [ ] no Degree or certification earned: 13 5 C Trade school/college/university: Name of School Diploma: [ ] yes [ ] no Other relevant certifications/licenses: Address: Degree or certification earned: � t C- vso +.1s 0.i 1M3 vi VOLUNTEER EXPERIENCE: Name of social, fraternal, organizations, etc. 1. [rjf current [ ] previous 2. [vj current [ ] previous G h u r•- 6f-:( =�r' 3. [ ] current [i./1 previous G SI Li, vc- 4. [ ] current [\rprevious 5 t. lc t m e tte, �, r PROFESSIONAL ORGANIZATIONS. Local, state, or national government boards, committees, or commissions on which you 1. [YJ current 2. [ ] current 3. [ ] current 4. [ ] current 5. [ ] current serve or have served. [ ] previous ick. 3 C c= [ ] previous [ ] previous [ ] previous [ ] previous REASONS for applying for this committee commission board: / i , r . r• c‘.1.%. w c r h (AL. 1(4- r J -C I :-, r e1c.s.1 h o_c . P_ (A, , C ✓1 t --ems 5 !` In On �{ O C. J L/C•- I t r{ s r' e' rti J By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subject to disclosure pursuant to chapter 42.56 RCW. C,e.„, -r c.°� Signature Date Signed RECEIVED ,'A Application Form for Committees/Boards/ ommissions *Wane Return completed form to ity Clerk: OCT 3 2018 Valle Spokane Valley City Hall y 10210 East SpragueAvenu: S VtfleS ?_ Valley Phone: 509-720-5102 cbai brillge rdspoJcaiv `�v'a�I�Yiotr1` [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Cl rk's office will••? airtii�g tt�l, signed application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION U OPENING. OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box; note requirements] [ ] Planning Commission — Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years. Applicants are selected without respect to political affiliations, and serve without compensation. [ ] Lodging Tax Advisory Committee (LTAC) - Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years. Committee consists of five members: One Councilmember: appointed by the Mayor, confirmed by the Council. Two who represent a business required to collect the tax (hotels, motels, etc.). Two involved in funded activities (such as a non-profit organization to increase tourism). Identify the business or organization you represent [ ] Spokane County Housing and Community Development Advisoiy Committee (HCDAC) HCDAC includes two Spokane Valley residents; terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force — Terms are for four years. Must be a resident of Spokane Valley. The Board currently meets 2nd Tuesday of each month, 3:30 to 5:00 at Catholic Charities, 12 E 5th Spokane. [ ] Spokane Housing Authority (SHA) — regional committee, five members. Terms are five years. One individual directly assisted by the Authority, jointly appointed by Spokane Mayor, Spokane Valley Mayor, and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ] Tourism Promotion Area, Hotel Advisory Committee (aka Hotel/Motel Association) — Terms are for three years. Spokane Valley appoints two members, and one ex -officio (a member of Council). All no inees must be op , ators or employees of lodging business within Spokane County. Other: 8H LA R A,) 0 m m I SS i L7/� Name (please print): ie. -5 S -f -t ( rci e S ik_a_ei S WoodairckI Street City Complete residence address: V Zip"ode 99,9-0 Complete mailing address (if different from above address): Length of time resr ing at current address: U.S. Citizen? [ es [ ]no WA State registered voter? [ es [ ]no What is your prefetTed 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.] [ ]ome Phone: [ ] Work phone: [(,'Cell Phone: 5L q_(1 96 — O'+/ [ ],Other messa e pone: [ t,} -mail address: (please print clearly): -E-e SS I Il cL9Zi"? rYl a C L ' COM [ ] Regular mail to residence or mailing address shown above EMPWYMENT: (Please start with most recent) 1. [ 1..rpresent [ ] previous Name of ems oyer: Ade Address: • �Q 1 Position held: h I e Fl /-iCt vie/ • Or O(4 t CI'-edL{C�YS fr Lts ,,//__ a C Phone: a0 k' �� —`71 il(�S Dates of employment: 1/o�D(x) — (ii rrei t.l 2. [t'resent [ ] previou Name of employer: Address: Position held: eSol Erna12C[a-p GTDu4D, /nC C�� Phon: eY Dates of employment: t/M /0 — L t{ rant/ 3. [ ] present [ L4revio s Name of emplo er: /� C�) �/I (�i� i f SVCS Address: L5 -(e. pU ft Q 11 e., Position held: VP - 613 tyut 4. [ ] present [ ] previous Name of employer: Address: Phon : Dates of employment: bl Position held: Phone: Dates of employment: EDUCATION: r / ,� Name of high school / / e 00 n l Vt 00 ( Address: III kir , N E Diploma or GED: [(,,}-'es [ ] no Trade school/college/university:���s� Name of School Mal Lv ff _ Address: Diploma: [ yes [ ] no J Degtet or certification Trade school/collwa/university: Name of School (3m- 'JC L(11.1 verStIz1 Address: Diploma: [ es [ ] no Degree or certification Other relevant certifications/licenses: (-"rdet�,l C %tttfan t S.a , earned: , / (}ce () 1'e_+/ K Bff .&(Sikne ss m /n/fly I etru2 ea reed: I�i� f}- CDIA YIhnt( trEf PSC[ ej a a Sf , J�Iufl) hod VOLUNTEER EXPERIE CE: Name .f s.cial, fraternal organiza ions tc. T7current j current [ ] previous f k // r/_ ckLL rat) Le 2. [ ] current [Vprevious �r I_ 'C ditt.c Y 3. [v] current [revious /MIDI • 4. [ 1 current [trevious a h r(c., (Lri c� 1 < re E D' .4cr"' h ,s PROFESSIONAL ORGANIZATIONS. Local, state, or national government boards, committees, or commissions on which you serve or have served. 1. [ ] current [ ] previous 2. [ ] current f ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous REASONS ying for this 16' I� dorm "S:? 40 _ ,�- - By signing this app ication, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. 1 understand this app ti •: suhj `1 to disclosure pursuant to chapter 42.56 RCW. o ittee, commission, board: A}5 1 re a 1 "V I. t►1' e_ 1 (t/ / Date Signed Tes M. Sturges 4229 S Woodruff Rd, Spokane Valley, WA 99206 509-990-0418 Tessina9229 ,gmail.com EDUCATION • Gonzaga University — Master of Accountancy with Tax Concentration • Pacific Coast Banking School — Certificate: Banking Executive Graduate School, University of Washington • University of Nebraska, Omaha — Graduate courses in Financial & International Economics • Mount Marty College - BA, Accounting / BA, Business Administration — Emphasis in Management with Minor in MIS, Magna Cum Laude QUALIFICATIONS: Over 25 years of diverse experience in the banking and financial services industry, including accounting and financial managerial positions that included supervising over 10 direct reports and the responsibility for over 100 employees. Ability to work with many internal and external departments, organizations, and people to provide solutions to complex problems. In-depth knowledge and ability to work with large amounts of financial and accounting data and mold it into information that can be used to make meaningful decisions. EXPERIENCE: Resolve Financial Group, Inc., Coeur d'Alene, ID 2010 - Current Typical assignments include: o Court ordered forensic accounting to determine flow of funds and assets for recovery actions. • Assist creditors, bankruptcy attorneys and/or state and federal courts to oversee the crisis situation • Assist management, creditors, and the Courts in assessing a company's ability to return to profitability and the extent to which Court protection is needed to reorganize operations • Developing reorganization plans and forecasts of future performance • Managing the crisis situation to restore stability for the business • Reviewing expenses, credit relationships, and cash flows o Developing cash management and debt restructuring plans • Timely reporting to the Courts of operating reports and achieved plan objectives • Provide management and/or courts with actual to projected performance metrics Metropolitan & Summit Creditors' Trusts, Spokane, WA 2004 — Current - Chief Financial Analyst Employed to provide: • Forensic accounting in support of the companies' lawsuits against outside professionals • Testimony regarding accounting records and loan profit and losses • Management, collection services, and sales for over 15 million in cash flow assets • Database and distribution management for 13,000 investor accounts • Tax management for 13,000 investor accounts • PROGRESSIVE POSITIONS HELD Chief Financial Analyst Acting CFO — Western United Life Assurance Co (insurance subsidiary) Tessina (Tes) Sturges Metropolitan Mortgage & Securities Co., Inc. ("Metropolitan"): 2000-2004 ♦ Management responsibility for corporate level financial reporting, treasury, loan closing and servicing, and insurance subsidiaries' accounting and reporting departments. ♦ Directed, designed and developed product line profitability analysis and reporting functions. ♦ Designed and implemented internal financial reporting function. + Developed, managed, and reported financial forecasts in excess of $6 billion in assets. + Developed, managed, and reported operating expense budgets in excess of $60 million annually. + Oversaw the creation of business and strategic plans. + Directed cost-containment measures and policies. ♦ Served as a member of Pricing, Risk Assessment, Compensation, Cost Containment, New Business, and Sarbanes-Oxley Committees ♦ POSITIONS HELD Director — Strategic Planning & Analysis Manager — Financial Planning Northwest Farm Credit Services, Spokane, WA: 1995 - 2000 + Management responsibilities for financial reporting, loan accounting, and asset/liability departments. • Developed, managed, and reported operating budgets in excess of $60 million annually for HQ departments and over 45 branches located across 4 states. + Developed, managed, and reported financial forecasts in excess of $6 billion in assets. + Coordinated processes for standard and exception loan pricing function. ♦ Implemented and maintained Funds Transfer Pricing System including option pricing for large corporate loans. + Designed and Implemented the Association's first loan by loan profitability system, branch profitability system, and credit officer profitability system. + Prepared and interpreted management reports and financial statements. + Designed and implemented executive scorecard performance measurement system. + Designed and Implemented Loan Exception Pricing System (PACES). + Created prepayment risk measurement process and risk pool. + Member of the Large Loan Committee which determined structure of large Commercial and Corporate Loans as well as appropriate pricing. + POSITIONS HELD VP -Management Accounting AVP -Management Information Manager -Profitability Accountant -Exception Pricing & Loan Structuring Accountant -Technical Accounting Services AgAmerica, FCB, Spokane, WA/Farm Credit Bank, Omaha, NE (Merged): 1992 —1995 • Designed and maintained Asset/Liability modeling and analysis. + Implemented and maintained funds Transfer Pricing Systern. + Developed, managed, and reported operating budgets for over 30 departments and $25 million in annual operating expenses. + Researched and made bond funding recommendations to the Asset/Liability Committee. • Developed business and strategic plans. + Prepared and interpreted management reports and financial statements. + POSITIONS HELD Asset/Liability Analyst Asset/Liability Specialist Tessina (Tes) Sturges Asset/Liability Assistant LEADERSHIP AND COMMUNICATION SKILLS • Frequent presentations to committees, executive management groups, and boards of directors • Excellent ability to communicate with and motivate employees • Speaker at AMlfs national conference on Funds Transfer Pricing • Frequent facilitator for financial training seminars while at Northwest Farm Credit Services • College level instructor - word processing, spreadsheets, and database software • Associate member of Association of Certified Fraud Examiners COMPUTER SKILLS • Expert level with Excel for spreadsheet and financial models • High level of expertise with Access for data analyses and mining, as well as reporting • High level of expertise with Word, PowerPoint, Internet, and email systems • Visual Basic, HTML and Cobol programming language skills • Proficient user of leading executive information, A!LM and profitability and reporting systems COMMUNITY INVOLVEMENT • Member of Valley Christian School Booster Club • Member of Finance/Audit Committee and prior Treasurer — Advent Lutheran Church • Member of Lutherhaven Sumrner Camp Auction Committee s Treasurer of Granite Hill HOA • Prior Treasurer and Director of Spokane Lilac Festival • Prior member of St. John Vianney School Advisory Board • Prior member of Girls Scouts Women's Weekend Committee RECEF'. Application Form for Committees/Boards/Commissions C �a �k VAL EY Return completed form to City Clerk: .000Valleye Spokane Valley City Hall 10210 East Sprague Avenue Spokane Valley, WA 99206 Phone: 509-720-5102 cbainbridae(a?spokanevallev.ore [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an original, signed application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING. OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON '1HN, FOLLOWING COMMITTEE: [Check one box; note requirements] [ ] Planning Commission—Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Tenns are for three years. Applicants are selected without respect to political affiliations, and serve without compensation. [ ] Lodging Tax Advisory Committee (LTAC) - Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Tenns are for one or two year's. Committee consists of five members: One Councilmember: appointed by the Mayor, confirmed by the Council. Two who represent a business required to collect the tax (hotels, motels, etc.). Two involved in funded activities (such as a non-profit organization to increase tourism). Identify the business or organization you represent [ ] Spokane County Housing and Community Development Advisory Committee (HCDAC1 HCDAC includes two Spokane Valley residents; terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force — Terms are for four years. Must be a resident of Spokane Valley. The Board currently meets 2nd Tuesday of each month, 3:30 to 5:00 at Catholic Charities, 12 E 5th Spokane. [ ] Spokane Housing Authority (SHA) —regional committee, five members. Terms are five years. One individual directly assisted by the Authority, jointly appointed by Spokane Mayor, Spokane Valley Mayor, and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this connnittee. [ ] Tourism Promotion Area, Hotel Advisory Committee (alta Hotel/Motel Association) — Terms are for three years. Spokane Valley appoints two members, and one ex -officio (a member of Council). Allmreinees must be operat or em, l�oye oflodging business within Spokane County. [ i/lOther: JV Q%d i (hLCI / IcVriviussiott, V Name (please print): Complete residence address: iy6.2/ V GIyWZS C cIro /ha (J, 992/ Street// ��Cit Zip Code Complete mailing address (if different from above address): (OWLS Length of time residing at current address: �3 f5 U.S. Citizen? [oyes [ ]no WA St a registered voter? [i es [ ]no What is your preferred way for us to contact you: [Note: Ifyou have an unlisted phone mnnber, 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.] [ ] Home Phone: [ ] Work phone: pi/Cell Phone:L' )9. 051.8'206 • [ ] Other me sage phone: [VE -mail address: (please print clearly): J ida [Ji Q/od t L [ ] Regular mail to residence or mailing a r ss shown abo (/ EMP;.OYMENT: (Please start with most recent) 1. [ present [ ] prey' us / Name of em 1. yer: fl ..V L' eQ f i e..'�— Address: v.' d/ a l. i Position held: /( • OC ici,_� _ ._ ' I Oa Phone: Dates of employment: 2. [ ] present [ r] previo Name of em.lo er: 14-6 ..! Address: / 111' 11 r 1 : i irl eftrlW/M- Position held: Ci Q Phone: Dates of employment: 42002 3. [ ] present [ Y] previou#y/ Name of employer: 0 C ` L5 Address: Phone: Position held:is 01.4/(%/,Z(kt f& l Dates of employment: 02004 4. [ ] present [ r] previoy `J Name of e plo er: _/ - >f i%il L Address: 1)0 / d - /0 i ji : /CS Phone: Position h: +e Attyt Dates of employment: /991 - 0100' EDUCATION:_ Naive of high school Utre;ee — A64.5,l4✓CkCO Diploma or GED: ['yes [ ] no 6)/94 rens: 561 A4kL2 /pi/ /itc I/l z, 4/s 9 Trade school/colleg ii ersity: Naive of School( Address: ' -' Diploma: ['yes [ ] no Degree or certification earned CSn1C l�q/ 41-5 Trade school/college/university: Name of School Diploma: [ ] yes [ ] no Address: Degree or certification earned: Other relevant certifications/licenses: VOLUNTEER EXPERIEN E: Name. f soci4�1 1. [ ] current [previous irLI /. _ I 1• b., 2. [ ] current [ Vf revious /.zJO ILIA �.5 ' fii 3. [ ] current [ vj previous . ,5 /t e 4/t ALL 4. [ ] current [l�] previous C1J $ I C()/ma-6i_ r OfS PROFESSIONAL ORGANIZATIONS. Local, state, or national government boards, committees, or commissions on which you serve or have served. 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous REASONS fo a lying for this co ittee, commission, boar: U/G. /l[ , s �i gaol q 1"' �xd�e ci q : trueCe/illet 6e fv lidL urs. d id edi y By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this ..plicati is subject to disclosure pursuant to chapter 42.56 RCW. /0./9./8 Sig s ature Date Signed fra - . al, or,t anizations, etc. ,1. 145 rU '% d / Lt CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 6, 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: Motion Consideration: Approval of the collective bargaining agreement between the City of Spokane Valley and the Washington State Council of County and City Employees; Local 270V, American Federation of State, County and Municipal Employees (AFSCME), for the term of January 1, 2019 — December 31, 2021 GOVERNING LEGISLATION: RCW 41.56 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The City of Spokane Valley negotiated the attached collective bargaining agreement with the Washington State Council of County and City Employees, Local 270V, AFSCME Union. It has been agreed upon by the negotiating parties subject to approval by the Council and ratification by the Union members. The Union members voted to ratify the agreement on October 30, 2018. This agreement includes provisions that continue to provide effective and timely services to the City. It supports the City values of fiscal responsibility and employee performance. OPTIONS: Ratify the collective bargaining agreement, effective January 1, 2019 or provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to ratify the Collective Bargaining Agreement between the City of Spokane Valley and the Washington State Council of County and City Employees; Local 270V, American Federation of State, County and Municipal Employees (AFSCME), for the term of January 1, 2019 — December 31, 2021, and authorize the City Manager to finalize and execute the Agreement. BUDGET/FINANCIAL IMPACTS: Approval of the contract will result in a 2019 Budget Amendment of approximately $165,000 that will be spread across General Fund #001, Street O&M Fund #101, Street Capital Projects Fund #303, Stormwater Fund #402 and Aquifer Protection Area Fund #403. STAFF CONTACT: John Whitehead, HR Manager ATTACHMENTS: Collective Bargaining Agreement 1/1/2019— 12/31/2021 AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND THE WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES LOCAL 270-V, AFSCME January 1, 2019 — December 31, 2021 TABLE OF CONTENTS Page ARTICLE 1 — EMBODIMENT 1 ARTICLE 2 — RECOGNITION 2 ARTICLE 3 — UNION MEMBERSHIP 2 ARTICLE 4 — SETTLEMENT OF DISPUTES 5 ARTICLE 5 — SENIORITY 9 ARTICLE 6 — BULLETIN BOARDS, UNION OFFICIALS TIME OFF AND VISITATION. 10 ARTICLE 7 — MANAGEMENT RIGHTS 12 ARTICLE 8 — PROBATION AND DISCIPLINE 14 ARTICLE 9 — WAGES 16 ARTICLE 10 — HOURS OF WORK 20 ARTICLE 11 — GENERAL PROVISIONS 22 ARTICLE 12 — HEALTH AND WELL-BEING 23 ARTICLE 13 — SICK LEAVE 28 ARTICLE 14 — ADDITIONAL REASONS FOR LEAVE 30 ARTICLE 15 — VACATION LEAVE 32 ARTICLE 16 — HOLIDAYS 33 ARTICLE 17 — DRUG TESTING 35 ARTICLE 18 — EDUCATIONAL REIMBURSEMENT 35 ARTICLE 19 — LOCKOUTS 36 ARTICLE 20 — SAVING CLAUSE 36 PREAMBLE This Agreement entered into by the City of Spokane Valley, hereinafter referred to as the City, and the Washington State Council of County and City Employees, Local 270-V AFSCME, AFL-CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious relations between the City and the Union; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work and other conditions of employment. TERM OF AGREEMENT This Agreement shall become effective on the 1st day of January, 2019, and shall continue in full force and effect through the 31st day of December, 2021. The City and Union agree to commence negotiations for a successor contract at least 60 days prior to the termination of the Agreement. If either party fails to provide notice of an intent to negotiate a successor agreement, the term of this Agreement will continue in full force and effect for the next year. ARTICLE 1— EMBODIMENT 1.1 It is mutually agreed that the City management and Local 270-V shall work together individually and collectively to provide the public with efficient and courteous service, to encourage good attendance of employees, and to promote a climate of labor relations that will aid in achieving a high level of efficiency in all departments of City government. 1.2 This Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement or practice shall add to or supersede any of its provisions. The parties acknowledge that during the negotiations which preceded this Agreement, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waive the right, and each agree that the other shall not be obligated to bargain collectively with respect to any mandatory subject of bargaining not specifically referred to, or not settled, during the course of these negotiations. Such matters shall also not be subject to the grievance procedure. ARTICLE 2 — RECOGNITION The City recognizes the Union as the sole and exclusive bargaining representative for all Regular fulltime and Regular part-time non -uniformed employees in professional, technical and clerical positions in the Executive and Legislative Support, Community and Public Works, Parks and Recreation, and Operations and Administration Departments of the City of Spokane Valley, excluding supervisors, confidential, Limited -Term, seasonal and casual employees. A seasonal or casual employee is any employee hired to work for no more than six continuous months or 1040 hours in a calendar year, whichever is greater. ARTICLE 3 — UNION MEMBERSHIP 3.1 The City agrees to not interfere with internal Union matters when communicating with employees about Union membership. Employees with questions about Union membership will be directed to a Union staff representative. 2 3.2 For those employees who choose to join the Union, the City agrees to deduct, once each month, dues from the pay of those employees who authorize, in writing, that such deductions be made. Executed authorizations for dues deductions shall be provided to the City. The aggregate deductions of all employees shall be remitted, together with an itemized statement including employee names, hire dates, job classifications, rates of pay, and amount of monthly dues deducted, to the Washington State Council of County and City Employees, AFSCME, AFL-CIO, Council 2, P.O. Box 750, Everett, Washington, 98206-0750 after such deductions are made. 3.3 Employees requesting to stop dues deductions shall provide written notice to both the City and the Union with the City stopping deductions upon written confirmation from the Union that the employee's dues deduction has been terminated. For employees hired into Bargaining Unit positions prior to January 1, 2019, the confirmation shall be provided to the City no later than 60 days of receipt of the employee notice by the Union. The City shall then stop the deduction on the first day of the following payroll period. For employees hired after January 1, 2019, the Union shall request the City to terminate the dues deduction effective on the first day of the pay period following the employee's next anniversary of their hire date, or as directed by the Union if earlier. Example: An employee is hired on May 5, 2019. The employee sends appropriate notice on October 15, 2019, to cancel their Union dues. The Union would send confirmation to the City requesting the dues be stopped effective May 16, 2020. Example: An employee was hired into a Bargaining Unit position on June 1, 2012. The employee sends appropriate notice on September 12, 2019, to cancel their Union dues. The Union would send confirmation to the City requesting the dues be stopped effective November 16, 2019. 3 3.4 New employees hired into Bargaining Unit positions shall be provided a document with information mutually agreed to by the City and Union concerning Union membership and dues deduction and given appropriate time to consider becoming a Union member and authorizing Union dues deduction. 3.5 The City shall notify the Union of all new employees hired into the bargaining unit, including the name, job classification, work location, and start date of each new hire. The Union shall be provided 30 minutes of newly -hired employees' paid working time for purposes of presenting information about Union membership and representation in the bargaining unit ("orientation"). Should a Union representative or shop steward employed by the City conduct the orientation, the time for the Union representative or shop steward shall be unpaid. Attendance at orientation by a newly -hired employee is not a condition of employment. 3.6 The Union agrees to indemnify, defend, and hold harmless the City from any liability resulting from any claims arising out of any dues deduction or other compliance with this Article, including reimbursement for any legal fees or expenses incurred in connection with any claim, lawsuit, order, judgment, or other form of liability asserted against the City. If an improper dues deduction is made, the Union shall refund any over -deduction within 30 days directly to the affected employee(s). If a less than adequate deduction occurs, then the City shall deduct the appropriate amount from the next paycheck. 3.7 In the event of a holding from an appellate court controlling on the City, or new regulation that materially changes the legal interpretation of this Article, either the City or the Union may request to re -open this Article for the purposes of bargaining to resolve the impacts of the court's decision or new regulation. 4 ARTICLE 4 — SETTLEMENT OF DISPUTES 4.1 Grievance Defined. A grievance is defined as any dispute involving the interpretation, application or alleged violation of any provision of this Agreement. 4.2 Time Limits. Time limits within the grievance procedure may be waived or extended by the mutual agreement of both parties. If the Union, on behalf of the employee(s), fails to act or respond within the specified time limits, the grievance will be considered waived. If the City fails to respond within the specified time limits, the grievance shall proceed to the next step of the grievance procedure. The day after the event, act or omission shall be the first day of a timeline under this Article. In the event a time limit under this Article ends on a weekend or holiday, the deadline will automatically be extended to the following business day. Submissions will be considered timely under this Article if they are received by 5:00 p.m. on the last day called for under an applicable time limit. Submission of Grievances and Responses. All grievances not resolved at the supervisory level and requests for arbitration must be submitted to the appropriate Department Director and City's Chief Human Resources Officer or designee, by fax, hard copy, and/or electronic mail. The grievance shall include the facts giving rise to the grievance, the section(s) of the Agreement allegedly violated, and the remedy sought. All City responses will be submitted to the Union's Spokane business office by hard copy or fax. 5 4.2.1 Employee Representation. Grievances may be filed by the Union on behalf of an employee or on behalf of a group of employees. The grievance will state the name of the employee or the names of the group of employees. The Union, as exclusive representative, is considered the only representative of the employee in each step of the grievance procedure and at any meetings scheduled to discuss a grievance. The Union has the right in each step of a grievance to designate the person who will represent the employee on behalf of the Union. 4.2.2 Resolution. (a) Step 1. Employees are encouraged to attempt to resolve complaints through informal discussion with their supervisors. The parties are encouraged to meet and discuss the issues raised in the grievance and explore options for resolving the grievance at each step in the dispute resolution process. The City and Union may also agree to bypass any of the steps in the grievance process. (b) Step 2. If the parties are unable to resolve the grievance at the supervisor level, the Union, on behalf of the aggrieved employee shall submit the grievance in writing to the Department Director of the relevant department and Chief Human Resources Officer, within thirty (30) calendar days of the day the employee or Union knew or reasonably should have known of the events giving rise to the grievance. The appropriate Department Director or designee shall respond to the grievance in writing within fourteen (14) calendar days of its receipt. (c) Step 3. If the parties are unable to resolve the grievance after discussing the issue with the Department Director, the Union shall submit the written grievance to the City Manager within fourteen days of its receipt of the Department Director or designee's 6 response. The City Manager or his designee shall respond in writing to the grievance within fourteen (14) calendar days following its receipt. (d) Step 4. Should the preceding steps fail to resolve the grievance, the Union shall notify the City in writing within fourteen (14) calendar days after its receipt of the City Manager or designee's response of its intent to move the grievance to arbitration. 4.3 Arbitrator Selection. Within a reasonable period of time after receiving the Union's notification, the parties shall confer and attempt to agree on a neutral arbitrator. If unable to reach agreement, they shall request a list of eleven (11) arbitrators from the Federal Mediation Conciliation Services ("FMCS"). If the parties are unable to obtain a list from FMCS, they may request a list from the Public Employment Relations Commission (PERC). The list shall be limited to arbitrators from Washington and/or Oregon. Within fourteen (14) calendar days following the receipt of the list of eligible arbitrators, the parties' representatives shall meet to select an arbitrator. If the parties are unable to mutually agree upon an arbitrator, they shall each strike five arbitrators from the list in an alternating order, and the remaining arbitrator shall hear the dispute. The party exercising the first strike shall be the loser of a flip of a coin. 4.4 Rules Governing Arbitration. The arbitrator will: (a) Be limited to interpreting and applying the terms of this Agreement, and will have no authority to rule contrary to, add to, subtract from, or modify any of the provisions of this Agreement; 7 (b) Be limited in his or her decision to the grievance issue(s) set forth in the original written grievance unless the parties agree to modify it; (c) Not make any award that provides an employee with compensation greater than would have resulted had there been no violation of this Agreement, and shall limit any award of back pay or other remedy to no more than 30 days prior to the submission of the grievance in writing to the supervisor (unless the amount owing is due to a payroll error); and (d) Not reduce the discipline rendered if he/she finds there was just cause for disciplinary action as defined in Article 8.3 4.5 Arbitrator's Decision. The Arbitrator shall issue a written decision to the parties within thirty (30) calendar days of the close of the hearing or the submission of post -hearing briefs, whichever is later. The decision shall be final, conclusive and binding on the City, the Union and the employees; provided that the decision does not include action by the arbitrator beyond his or her jurisdiction. 4.6 Arbitration Costs. The expenses and fees of the arbitrator and the cost (if any) of the hearing room will be shared equally by the parties. If either party desires a record of the arbitration, a court reporter may be used. If that party purchases a transcript, a copy will be provided to the arbitrator, free of charge. If the other party desires a copy of the transcript, it will pay for half of the costs of the fee for the court reporter, the original transcript and a copy. Each party is responsible for the costs of its staff representatives, attorneys, and all other costs related to the development and presentation of its case. 8 4.7 Election of Remedies. The parties agree that the grievance procedure contained in this Agreement shall be the employee's sole remedy for issues covered by this Agreement, provided that employees may also seek redress or review by an external body, whether administrative or judicial, of alleged violations of the employee's statutory rights. ARTICLE 5 — SENIORITY 5.1 Job Classification Seniority Defined. The length of continuous service in the employee's job classification. 5.2 Seniority List. The City shall prepare a list of full time employees showing their seniority and deliver the same to the Union on an annual basis. Upon completion of their probationary period, new employees shall be added to the seniority list. The list shall reflect the employee's name, classification and date of appointment, classification seniority and length of service with the City. 5.3 Layoff. A reduction in force is accomplished in accordance with this Article. 5.3.1 Purpose and Notice. In the event that the City determines that financial or operational needs require a layoff, the City will identify the specific position(s) and/or employees affected by the layoff, and will provide a minimum of fourteen (14) days notice to the employee(s) designated for layoff. 5.3.2 Selection of Layoff. In the event there is more than one employee in a position identified for a reduction -in -force, the City shall consider the employee's ability, performance and qualifications to perform the remaining job; where ability, performance and 9 qualifications are judged equal by the City, classification seniority will be the determining factor. 5.3.3 Layoff Recall. Employees are eligible for recall to the position in which they were laid off in the inverse order in which they were laid off assuming they are qualified to perform the position. An employee on layoff must keep the City informed of the address and telephone number where he/she can be contacted. If the City is unable to contact the employee within ten (10) calendar days, the City's obligation to recall the employee shall cease. The City shall have no obligation to recall an employee after he/she has been on continuous layoff for a period exceeding nine (9) months. Should an employee not return to work when recalled, the City shall have no further obligation to recall him/her. ARTICLE 6 — BULLETIN BOARDS, UNION OFFICIALS TIME OFF AND VISITATION. 6.1 Bulletin Boards. The City shall allow the Union to use a designated Bulletin Board for official Union postings. Material posted on the bulletin board shall be appropriate to the workplace, and in compliance with state ethics laws, election laws and identified as Union literature. 6.2 Officers and Stewards. The Union shall furnish to the City an up-to-date list of officers and stewards and their work locations at least annually with changes as they occur to the Human Resources Department. 6.3 Union Officials Time Off for Collective Bargaining. Up to two union officials shall be granted up to two hours paid time -off to participate in each labor negotiation session on 10 behalf of employees in the bargaining unit, provided that the request for time off is approved in advance by the supervisor. Supervisors may deny a request for time off to perform union activities and/or request that the employee seek a delay of the meeting for which time is sought if the employee's absence would adversely impact the City's operations or the employee's presence is necessary to complete a time -sensitive assignment. 6.4 Union Activities. Shop stewards identified by the list cited in 6.2 above, may use paid time to conduct collective bargaining with the City as set forth in Article 6.3, attend investigatory interviews conducted by the City where the employee reasonably expects discipline will follow and has requested Union representation (Weingarten interview), and represent employees in grievance meetings and Loudermill hearings with the City. Except as set specifically forth above, the City shall not compensate bargaining unit employees and shop stewards for union related activities. Union officers, stewards and negotiating team members must notify their supervisors before performing any representational activities that will take them away from work for a period of longer than fifteen (15) minutes, and all such time must be recorded on the employee's time sheet. Supervisors may deny a request for time off to perform union activities and/or request that the employee seek a delay of the meeting for which time is sought if the employee's absence would adversely impact the City's operations or the employee's presence is necessary to complete a time -sensitive assignment. 6.5 Visitation. With reasonable advance notice, a representative of the Union may visit the work location of the employees covered by the Agreement at a reasonable time for the purpose of investigating grievances. Said representative shall limit his activities during such investigations to matters relating to this Agreement, and such visits shall be conducted in a manner that will not be disruptive to City operations or interrupt employees' work time. Work 11 hours shall not be used by employees or the Union for the promotion of Union affairs other than as stated above. ARTICLE 7 — MANAGEMENT RIGHTS 7.1 Management Rights. The City reserves the right to manage its affairs in accord with its lawful mandate, and retains all management powers and authority recognized by law and not specifically abridged, delegated or modified by the terms of this Agreement. 7.2 Examples of Management Rights. The City's sole and exclusive rights include, but are not limited to, the rights to: 7.2.1 Plan, direct and control all operations and services of the City; 7.2.2 Establish the mission, budget, strategic direction, service levels, staffing levels and resource requirements for all operations and services; 7.2.3 Develop, interpret, amend and enforce reasonable written policies, procedures, rules or regulations governing the workplace, including those described in the City's Administrative Policies and Procedures, as amended from time to time, provided that such policies, procedures, rules and regulations do not conflict with the provisions of this Agreement; 7.2.4 Determine the methods, means, organization and number of personnel by which such operations and services shall be made or purchased; 7.2.5 Supervise, transfer, promote and direct employees; 12 7.2.6 Plan and implement any reductions in force, including the determination of the reason for any reduction in force and the identification of the specific position(s) or job classifications affected by a reduction in force; 7.2.7 Assign work, schedule the hours of work, alter work schedules, and assign or change work locations, subject to Article 10; 7.2.8 Authorize overtime; 7.2.9 Establish the duties and responsibilities of positions and employees, including the development and alteration of classification and job descriptions; 7.2.10 Establish and implement policies and procedures for evaluating the performance of employees; 7.2.11 Determine all levels of staffing, including the number of employees and other personnel to be assigned to duty at any time; 7.2.12 Recruit, hire and promote employees into positions based on standards established by the City; 7.2.13 Determine whether duties, tasks, or services should be performed by non -unit personnel, including other employees, volunteers, Department of Labor and Industries' workers, interns or third party contractors. However, if the City's proposed use of the above would reduce the number of authorized full time positions in each classification in the bargaining unit as of June 1, 2006, the parties agree to abide by RCW 41.56; 13 7.2.14 Discipline or discharge probationary employees as it deems appropriate, and to discipline or discharge employees who have completed probation for cause as set forth in Article 8.3; 7.2.15 Perform all other functions not expressly limited by this Agreement. 7.3 Bargaining Obligation. Except as provided by this Article, the parties acknowledge their obligation to bargain regarding matters affecting wages, hours and working conditions. ARTICLE 8 — PROBATION AND DISCIPLINE 8.1 All new employees will be required to serve a probationary period of six (6) months from the date of hire. The probationary period may be extended up to six (6) months at the City's discretion. The City may discharge a probationary employee at its sole discretion and without just cause upon written notice to the employee and the Union. Employees serving their probationary period shall have no access to the Settlement of Disputes procedure in Article 4 above. Employees shall accrue sick and vacation leave benefits under this Agreement during their probationary period, but shall not be entitled to use vacation benefits until they have successfully completed their probationary period. 8.2 Promotion Probation. It is the policy of the City to advertise position openings. Qualified employees may apply for vacant City positions that represent a promotional opportunity for a current employee. All employees receiving a promotional appointment will serve a six (6) month probation. The probation may be extended an additional six months at the 14 City's discretion. During the probationary period, an employee may revert to his/her previously held position if the position is vacant or filled by a temporary or casual employee, and the employee still meets the minimum qualifications for the position. If the City determines that an employee is not succeeding in his/her new position, the employee may also revert to the employee's previously held position if the position is vacant, or filled by a temporary or casual employee, and the employee still meets the minimum qualifications for the position. If the position is not vacant or the employee no longer meets the minimum qualifications, the employee will be terminated and available for recall under Article 5.3. The City's determination that an employee has not succeeded in a position during this probationary period may not be challenged through the grievance procedure. Nothing in this Article is intended to affect the City's right to discharge or otherwise discipline a probationary employee for misconduct. 8.3 Discipline. The City has the right to reprimand, suspend, demote or terminate nonprobationary employees for just cause. For purposes of this Agreement, the parties agree that just cause means a legitimate and reasonable reason for discipline. Discipline generally will be progressive, however, serious misconduct may be grounds for immediate termination. The determination of whether circumstances warrant immediate suspension or termination shall be made by the City. 8.4 Notice and Appeal Rights. The City will advise employees that they have the right to request union representation during an investigatory interview with the City in which they are the subject of alleged misconduct that may result in disciplinary action. Employees shall have the right to a Loudermill hearing if the proposed discipline involves a demotion, suspension or termination. Employees who have been demoted, suspended or terminated have the right to appeal such actions through the Settlement of Dispute procedure if they submit their 15 grievance in writing to the Chief Human Resources Officer within ten (10) working days of the date the discipline was issued. Oral reprimands are not subject to the Settlement of Dispute procedure. Written reprimands can only be processed through Step 2 of the Settlement of Dispute procedure, and may not be taken to arbitration. ARTICLE 9 — WAGES 9.1 Salary Matrix. A schedule of all job classifications and their salary ranges are set forth in the Appendix A to this Agreement. As set forth in Article 9.3, the City retains the discretion to grant or deny an increase based upon an employee's performance, as determined by the City. The Salary Matrix for positions covered by this Agreement may be amended from time to time by mutual agreement of both parties. The increases to the pay grades of the City will be as follows: Effective 1-1-2019 all grades within the Salary Matrix of the City shall be increased by 2% across all regular classifications. This increase shall have the effect of increasing the base compensation of all regular employees by 2%. Beginning on 1-1-2019 or the date both parties have ratified the contract whichever is later, the maximum pay in each grade will be increased an additional 2.5% beyond the increase cited above. Beginning 1-1-2020, the maximum pay in each grade will be increased by 2.5%. Beginning 1-1-2021, the maximum pay in each grade will be increased by 2.5%. 16 9.2 Initial Salary. An employee will typically be hired at the bottom of the Grade assigned to the job classification they have been appointed into within the City's Salary Matrix. At the City's discretion, employees may be hired at a salary level higher than the bottom of the pay Grade in the Salary Matrix. 9.3 Pay Increase. Annually on the employee's anniversary date, the employee's monthly salary may be increased within the pay grade of the position, by a minimum of zero to a maximum of five percent, dependent upon the employee's performance as determined by the City. Management acknowledges the importance of evaluating employees in a timely manner and will implement programs to ensure employee evaluations are normally completed within 30 days of the anniversary date. 9.4 Within ten business days of receiving his/her annual performance evaluation and notice of pay increase, if any, the employee may provide information to their department director to be considered in reviewing the amount of increase to be awarded. The director will respond to the employee within five business days. If, after considering the employee's request, no change in the initial determination of pay increase is made, the employee may, within five business days of receiving the department director's response, request Human Resources to review the information provided to the director. Human Resources will provide a response to the employee within five business days. The City retains the sole right to determine the amount of the percent increase. An employee's anniversary date is defined as their date of hire or most recent date of reclassification as adjusted with Leave of Absence Without Pay as defined by City Policy 200.530, Miscellaneous Leaves. 17 If the employee's annual perfonnance evaluation indicates below -satisfactory performance as determined by the City, the employee may not be increased in pay. The City may reevaluate the non -increased employee after 180 days, and if a non -increased employee's performance is satisfactory at the end of that review period, the City may increase the employee's monthly base pay within the Salary Matrix. If a non -increased employee's performance remains below satisfactory at the end of the 180 day period as determined by the City, the employee will remain at their current pay rate until their next regular twelve (12) month performance evaluation. The City shall have the exclusive right to evaluate an employee's performance, and such performance evaluations and the percentage amount of pay increase provided, if any, will not be subject to the Settlement of Disputes procedure set forth in Article 4. 9.5 Overtime. Permanent hourly employees shall be compensated at time and one- half (1-1/2) the employee's hourly rate of pay for all work performed in excess of forty (40) hours in any workweek. Hours not worked due to a Holiday as determined by Article 16, or Vacation Leave shall be included in the calculation to determine if the required 40 hours is exceeded. All overtime must be pre -approved in writing by the Employee's Supervisor except in emergency situations, in which case the overtime must be approved in writing as soon as reasonably possible. Employees will not be allowed to receive more than one overtime rate or premium pay for the same hours worked. 9.6 Exempt Personnel. Each exempt employee shall be credited with forty hours of administrative leave at the beginning each calendar year. Employees hired after January 1 of a year shall receive a prorated amount of such leave Accrued Administrative Leave must be used in the year in which it is accrued and is not eligible for cash -out. 18 9.7 Social Security Substitute Plan. The City has chosen not to opt into the federal Social Security System for eligible employees who were otherwise covered by a qualified retirement system. Instead, the City participates in a 401A social security substitute plan. The City will make benefit contributions as provided for in City Resolution 03-020 as may be amended from time to time. 9.8 Pension. The City and Employees shall participate in the Washington Public Employees' Retirement System as set forth in RCW 41.44. 9.9 Dual Grade Positions. When a position is established by the City having two or more pay grades, the initial placement of an employee into a grade will determine the grade they will remain in except by the promotion or reclassification of the employee to a position having a higher pay grade. 9.10 Shift Differential. Regular hourly employees working between the hours of 6:00 PM and 6:00 AM shall receive an additional 50 cents per hour actually worked during this time period. This Shift Differential is paid in addition to the employee's regular base pay and only for actual hours worked. Leave taken shall be valued at the employee's hourly base rate only. 9.11 Stand-by Pay. Regular hourly Employees who have been notified by the City to remain ready to return to work will be considered on "Stand -By". Once placed on "Stand -By" employees shall receive $25 per 24 hour period for remaining ready to return to work. Employees having being placed on "Stand -By" may engage in their personal activities, but shall be ready to return to work within 30 minutes after being contacted, being fully capable of performing their duties. Employees placed on "Stand -By" are required to be available for contact. Employees not available for contact will not be paid "Stand -By" Pay for that day and 19 may be subject to disciplinary action. Employees being placed on "Stand -By" shall not have the option of working the minimum amount of hours as stated in 10.2.3. Nothing in this article shall diminish the City's ability to schedule employees in advance or require employees to return to work whether placed formally on "Stand -By" or not. ARTICLE 10 — HOURS OF WORK 10.1 Work Schedules/Shifts. The standard workweek for purposes of computing overtime for hourly employees shall begin at 12:01 a.m. Monday and shall conclude Sunday at 12:00 midnight. The City may assign appropriate work schedules and shifts. The City may alter work schedules and shifts with seven days advance notice to the employee (the City retains the right to make temporary modifications to the schedules of employees without notice to meet Department and City needs). 10.1.1 Compressed Work Schedules. With the City Manager's approval, employees may be allowed to work compressed work schedules using alternative work weeks. The alternative work week will determine the computation of hours worked, the length of the meal period as well as the computation of overtime compensation. The City retains the right to end the compressed work schedule of an employee or group of employees at any time. Compressed work schedules shall not interfere with the City's ability to provide service to customers nor shall they cause a budgetary impact. The denial or ending of a requested compressed work schedule is not subject to the settlement of disputes article set forth in this agreement. 20 10.2 Work Day. The normal working hours for full-time employees are eight hours, from 8:00 am to 5:00 pm Monday through Friday, with an unpaid one hour lunch period. The City retains the right to schedule or require employees to return to work outside these hours and days to meet Department and City needs. 10.2.1 Return to Work. Employees may be required to respond during off-duty times to return to work when operational needs of the City require them to do so. 10.2.2 Employees notified of an anticipated need for them to return to work will provide the City a current contact phone number and be ready, willing and able to return to work as soon as possible (i.e. 30 to 45 minutes). 10.2.3 Employees will be paid at their normal rate of pay after arriving at the designated work site and beginning to perform the duties required. If the response causes an hourly employee to exceed 40 hours of actual work in their assigned workweek, overtime compensation will apply. Employees required to physically return to work will be allowed to work a minimum of two hours. If the amount of work that required the employee to respond takes less than two hours to complete, employees may choose not to work the entire two hours. Employees will only be paid for the hours they actually worked. If the employee is able to complete the work from home they will only be paid for time they actually worked. 10.3 Department Directors also have the discretion to grant an employee's request to adjust his/her hours of work so that the employee begins his/her work schedule up to an hour earlier or later than the normal 8:00 am starting time and completes his/her work day up to an hour earlier or later than 5:00 pm. for a total of not less than eight hours of work. In exercising this discretion, Department Directors may consider a number of factors, which may include the 21 employee's preference, customer needs and the City's ability to best serve the public. The Department Director's decision to grant or deny a request to modify the work hours as set forth in this section is not subject to the Settlement of Disputes procedure. 10.4 Meal and Rest Periods. Employees will receive one hour off, without pay, except as provided in 10.1.1for a meal during any shift lasting longer than five (5) hours. Meal periods shall be scheduled by the supervisor in light of a number of factors, which may include the employee's preference, customer needs and the City's ability to best serve the public. Meal periods may not be banked for late arrival or early departure from work. 10.5 Rest Periods. Employees shall receive a fifteen (15) minute paid rest period for each four (4) hours worked. Employees need not be given a scheduled rest period when the nature of the work allows intermittent rest periods that total fifteen minutes during each four hours of work. Intermittent is defined as intervals of short duration in which employees are allowed to relax and rest, or a brief inactivity from work or exertion such as the time spent on a personal phone call, or taking a smoking break. Such rest time shall total fifteen minutes per four hours of work. Rest breaks may not be skipped and banked to be used for late arrival or early departure from work or for purposes of receiving overtime. ARTICLE 11 — GENERAL PROVISIONS 11.1 No Discrimination. The City and the Union mutually agree that there should be no unlawful discrimination against any Employee or applicant for employment because of age, race, creed, color, sex, sexual orientation, national origin, mental or physical disability, marital 22 status, honorably discharged veteran or military status, use of a trained dog guide or service animal by a person with a disability or Union activity. All references to Employees in this Agreement designate both sexes. 11.2 Rules. The City reasonably expects its employees to meet high standards of performance to ensure the City provides quality public service. The Union recognizes the City's inherent and traditional right to establish reasonable work rules, and require their observance. Copies of any new rules or amendments to existing rules shall be provided to the Union 14 days prior to their implementation except in emergency circumstances. 11.3 New and Terminated Employees. The City agrees to notify the Union at the end of each calendar quarter if new eligible bargaining unit employees are hired or terminated during that quarter. Such listing shall contain the names of the employees, along with their job classifications, and work locations. 11.4 Labor Management Meetings. It is mutually agreed that the negotiating committee for Local 270-V and the negotiating committee for the City shall conduct regular labor/management meetings for the purpose of resolving problems that may arise. Safety items shall be included as eligible topics for discussion in labor/management meetings. Meetings shall be conducted quarterly, but they may be scheduled more or less often by mutual agreement. ARTICLE 12 — HEALTH AND WELL-BEING 12.1 Insurance Plan. For the duration of this Agreement, the City shall make available an insurance program offered through the Association of Washington Cities or other provider 23 consistent with article 12.4, or in conformity with state and/or federal law, to regular full-time and regular part-time employees and their eligible spouses/dependents, including medical, dental, vision, and employee long-term disability insurance coverage. This insurance program includes the following plans as they currently exist or as may be amended from time to time. 12.1.1 Medical Insurance. Employees may choose between the following medical plans: AWC HealthFirst 250, with Health Reimbursement Arrangement Account (HRA), AWC Kaiser Permanente $200 Deductible Plan, with (HRA), or AWC Kaiser Permanente — Access PPO Plan, with (HRA) as may be amended from time to time. The City and the Union agree that the current plans will be offered in each year of 2019, 2020 and 2021, however, the parties agree that no plan will be offered in the successor Agreement to this Contract that will subject the City to the Affordable Care Act (ACA) Excise Tax. The City shall pay up to the following base medical premium rates for full-time eligible employees based upon the coverage chosen by the employee: For Asuris HealthFirst 250: $591.70 for employee coverage $883.85 for employee and one dependent coverage $1187.40 for employee and spouse coverage $1125.32 for employee and two or more dependent coverage $1479.55 for employee and spouse and one dependent coverage $1697.85 for employee and spouse and two or more dependent coverage 24 For Kaiser Permanente $200 Deductible and Access PPO Plans: $499.54 for employee coverage $747.70 for employee and one dependent coverage $993.34 for employee and spouse coverage $983.96 for employee and two or more dependent coverage $1241.49 for employee and spouse and one dependent coverage $1454.58 for employee and spouse and two or more dependent coverage Should the 2019 medical premium rates as required by AWC or any future plan provider exceed the 2018 medical premium rates, the City will pay 80% of the increase and employees will pay 20% of the increase. On or before February 15, 2019, or 30 days after the signing of this successor contract whichever occurs later, the City will also contribute an amount towards the deductible for each offered plan to the employee's Health Reimbursement Arrangement Account in the following amounts as determined by the plan chosen by the employee and number of persons covered: Asuris Healthfirst 250 -Individual $250 Asuris Healthfirst 250 -Family $750 Kaiser Permanente $200 Deductible Plan -Individual $200 Kaiser Permanente $200 Deductible Plan -Family $400 Kaiser Permanente Access PPO Plan -Individual $250 Kaiser Permanente Access PPO Plan -Family $750 25 (Family is defined as a plan covering more than the individual employee) Should the 2020 medical premium rates as required by AWC or any future plan provider exceed the 2018 medical premium rates, the City will pay 80% of the increase and employees will pay 20% of the increase. On or before January 20, 2020, the City will also contribute an amount cited above as determined by the plan chosen by the employee and number of persons covered, to the employee's Health Reimbursement Arrangement Account through AWC. Should the 2021 medical premium rates as required by AWC or any future plan provider exceed the 2018 medical premium rates, the City will pay 80% of the increase and employees will pay 20% of the increase. On or before December 26, 2020, the City will also contribute an amount cited above as determined by the plan chosen by the employee and number of persons covered, to the employee's Health Reimbursement Arrangement Account through AWC. The employee's share of any contribution rates as set forth above shall be deducted one half each pay period from the employee's paycheck. 12.1.2 Regular Part -Time Employees. The City will contribute a pro -rata amount of the cost of employee and dependent health coverage for part-time employees based upon the number of hours worked and according to the terms of the provider. Such contribution shall not exceed the current pro -rated contribution rate consistent with the terms of 12.1.1 26 12.1.3 Dental. The City will provide eligible full time employees and their dependents, if any, covered under their medical plan, with dental coverage through AWC Washington Dental Service Plan E, with orthodonture plan 2 as they may be amended from time to time. 12.1.4 Vision Insurance. The City will provide eligible full time employees and their dependents, if any, covered under their medical plan with vision insurance through the AWC Vision Service Plan as may be amended from time to time. 12.1.5 Long -Term Disability Insurance. The City will provide long-term disability insurance for eligible full time employees through the AWC Standard Insurance Long Term Disability Option 1, as may be amended from time to time. 12.2 Life Insurance. The City will provide a life insurance benefit equal to two-times the employee's annual salary for all Regular employees. 12.3 Employee Assistance Program. The City will participate in an Employee Assistance Program (EAP) in order to provide confidential assistance to employees on family, work, personal or substance abuse issues. EAP assistance may be initiated by either the employee or the employer. 12.4 Cost Containment. In the interest of containing costs, the City may elect different insurance carriers and adopt different insurance plans than those currently described in Article 12.1. The Union shall be advised of these changes and must request bargaining of those changes within five days of receiving notice or shall be deemed to have consented to the changes. 27 12.5 Health Reimbursement Arrangement Accounts (HRA). The City will establish Health Reimbursement accounts for each regular employee. These accounts may be used by the individual employee for medical expenses as determined by the plan requirements and the amount contributed by the City will be determined by this Article. These plans will be designed such that at the end of employment with the City, employees may continue to use the remaining balance of their HRA post -employment for qualified medical expenses as defined by the plan. At the point an employee leaves the City, they can either close their account or pay in advance the administrative fee associated with the account for a period of up to 12 months. The remaining balance at the end of the pre -paid period if any shall be returned to the City. Employees shall substantiate all claims made for reimbursement from their respective HRA. Claims paid but not substantiated within 12 months of reimbursement shall be considered taxable income of the employee. The City reserves the right to reduce, stagger, or eliminate HRA contributions on a per - employee basis when any contribution is expected to trigger liability under the Affordable Care Act Excise Tax. The City will only reduce HRA contributions as necessary to avoid tax liability. 12.6 Changes to Insurance Plans. In the event that the health plan providers cause changes to the benefits included in the health insurance plans specified in this Article during the term of this Agreement, the City will notify the Union of those changes. ARTICLE 13 — SICK LEAVE 13.1 Sick Leave Accrual. Full-time employees shall accrue sick leave at the rate of four (4) hours for each completed pay period of active service; provided that an employee does 28 not have more than ten (10) days leave without pay in that month. Part-time employees shall accrue sick leave on a prorated basis. Employees shall not accrue less than one hour of sick leave for every 40 hours worked. 13.2 Use of Accrued Sick Leave. Employees' accrued sick leave balances will be charged for the actual time of any sick leave used. Accrued sick leave may be used only for the employee's own illness or injury, for preventative care of the employee or family member, the closure of a child's school, absences covered by Domestic Violence Leave or as authorized by RCW 49.12.270 and the Washington Family Care Rules, WAC Chapter 296-130 as may be amended from time to time. The City shall have the right to send an employee home and require the use of accrued sick leave if it reasonably believes the employee is unfit for duty or the employee's illness or injury prevents proper performance of the job and/or unreasonably exposes other employees to illness. The City shall also have the right to require an employee to undergo a fitness -for -duty examination before returning to work. 13.3 Sick Leave Verification. Employees must notify their supervisor as soon as reasonably possible when they will be absent due to illness or injury. The City may require a written medical certificate for absences of more than three (3) consecutive days. Abuse of sick leave or tardiness may be grounds for disciplinary action, up to and including termination. An employee returning to work after a sick leave absence of more than three (3) consecutive days may be required to provide written certification from his or her health care provider that the employee is able to return to work and perform the essential functions of the job with or without reasonable accommodation. 29 13.4 Annual Sick Leave Carry -forward and Cash -out. Accrued sick leave may be carried forward at year end. After an employee has accrued 720 hours of sick leave, the employee may convert up to ninety six (96) hours of sick leave accrued in the preceding 18 months to cash. Once an employee approaches the required amount as stated above, they may request a future cash -out for the pay period in which they reach the required accrual of 720 hours. Employees shall submit their cash out request in writing to the Human Resources Manager prior to the pay period referenced above. Employees shall wait a minimum of 12 months between cash -outs. For purposes of converting sick leave to cash, the following formula shall be used: Number of hours requested to be converted X 25% X The employee's hourly rate of pay. For example, 96 hours of sick leave may be converted to 24 hours of regular pay. ARTICLE 14 — ADDITIONAL REASONS FOR LEAVE 14.1 Family Medical Leave. Employees shall receive family medical, disability, exigency/care for a service member or pregnancy leave as required by state and federal law. Employees must use any accrued and available paid leave as part of their Family Medical Leave, except as otherwise authorized by the City Manager. Once all available paid leave has been exhausted, any remaining period of Family Medical Leave shall be without pay. Accrued paid leave is available under this section if its use is permitted for the type of absence for which the employee has taken Family Medical Leave. 30 14.2 Leave Without Pay. At the City's sole discretion, the City may grant a leave without pay. Such leave shall not extend beyond 26 weeks, unless required by law. 14.3 Bereavement Leave. An employee may use up to three days of Bereavement leave in the case of a death to a member of the employee's immediate family. The Deputy City Manager may grant employees the ability to use up to two additional days of accrued sick leave or Leave Without Pay for this purpose in extenuating circumstances. Immediate family shall be defined as spouse, mother, father, mother-in-law, father-in-law, children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparents and grandchildren. Bereavement leave is to be used to arrange for and/or attend funeral activities. 14.4 Jury and Witness Leave. Employees subpoenaed to appear for jury service or as a witness in a court proceeding unless the employee is the moving party in an action against the City, will receive pay at their regular rate of pay for work hours missed because of their required service. Employees must notify their supervisors upon receipt of a subpoena for jury or witness duty, keep their supervisors apprised of the schedule for their jury or witness duties, and report to work when the court schedule permits. The City may require documentation confirming the participation as a juror. Any compensation paid to an employee for jury or witness service shall be retained by the employee.. 14.5 Military Leave. Employees shall be entitled to military leave in accordance with state and federal law. Unless prohibited by military necessity, employees must provide the City with a copy of their orders at the time they request military leave. Requests for military leave shall be made as soon as reasonably practical after the employee learns of the need for such leave. 31 14.6 Donated Leave. Where an employee has exhausted his/her leave banks and the City determines that a catastrophic health situation exists, the City will implement a donated leave policy. The City will determine the terms of the policy based upon the circumstances that exist at the time, however, employees shall be entitled to donate up to twenty percent of their qualifying leave banks as long as the other terms and conditions of the policy are met. No Donated Leave programs shall be approved after December 31, 2019. ARTICLE 15 — VACATION LEAVE 15.1 Vacation Accrual. Full-time employees shall accrue vacation at the rates set forth below. Part-time employees shall accrue vacation on a prorated basis. During Years of Continuous Employment Date of Hire through 5 years 6th through 10th years 11th through 15th years Beginning with the 16th year Monthly Accrual Rate 8 hours per month 10 hours per month 12 hours per month 14 hours per month One half of the monthly accrued vacation hours shall be credited on the last day of each pay period. Employees who are in unpaid status for more than ten (10) working days in a month will not accrue vacation leave during that month. Nothing in this Article or Agreement limits the City Manager's authority to place highly experienced new employees higher on the vacation accrual table in recognition of their previous 32 experience as part of an offer of employment, or to provide greater benefits than provided in this Agreement. 15.2 Maximum Vacation Accrual. Employees may accrue vacation up to a maximum of three hundred sixty (360) hours. 15.3 Use and Scheduling of Vacation. Vacation leave must be scheduled with the advance approval of the employee's supervisor based upon the needs of the department. At their election, employees may use vacation in place of or in addition to sick leave for any of the purposes described in Section 13.2. Employees using vacation for this purpose are expected to provide their supervisor notice of their absence as described in Section 13.3. Employees' accrued vacation balances will be charged for the actual time of any vacation used. 15.4 Cash -out of Vacation. Employees will be paid for their accrued but unused vacation upon their termination of employment with the City at the regular rate of pay in effect as of the date of termination. ARTICLE 16 — HOLIDAYS Paid Holidays. The following days are paid holidays for all regular full and part-time employees: New Year's Day January 1 Martin Luther King Day 31.6 Monday in January 33 President's Day 3rd Monday in February Memorial Day Last Monday of May Independence Day July 4 Labor Day 1st Monday of September Veteran's Day November 11 Thanksgiving Day 4th Thursday of November Day after Thanksgiving Christmas Day December 25 When a holiday falls on a Saturday, the preceding Friday will be the holiday. When a holiday falls on a Sunday, the following Monday will be the holiday. 16.1 Holiday Pay. Eligible full-time employees will receive pay at their straight -time rate for 8 to 9 hours they would have worked, based on their regular schedule, on the day of the holiday. Part-time employees will receive holiday pay on a prorated basis. 16.2 Eligibility for Holiday Pay. Employees are eligible for holiday pay if they are in paid status on their regular, scheduled work day preceding the holiday and the day immediately following the holiday. 16.3 Hours Worked on a Holiday. Employees required to work on a holiday will receive straight time for all hours worked on that day. They shall also receive Holiday Pay or, another day off during the month in which the holiday was celebrated, with the advance approval of the employee's supervisor, or the employee shall receive holiday pay rather than the equivalent time off. 34 16.4 Holiday Observance. When a holiday falls within a period of paid leave, the holiday shall not be counted as a leave day in computing the amount of leave debited. ARTICLE 17 — DRUG TESTING 17.1 The City may require an employee to have a drug or alcohol test where there is a reasonable suspicion that an employee is impaired or under the influence of alcohol or drugs while on duty, following an accident or incident involving the employee, upon return to work from a protracted leave of absence, in conjunction with a D.O.T. or other regularly scheduled physical examinations, or pursuant to applicable law or regulation. 17.2 Where the City elects to perform a drug or alcohol test as set forth in this agreement, refusal by the employee to submit to the drug or alcohol screen, or a positive test result, may result in termination or other disciplinary action as determined by the City, subject to the grievance procedure. ARTICLE 18 — EDUCATIONAL REIMBURSEMENT 18.1 The City provides an educational reimbursement incentive for qualified employees. The terms and conditions governing reimbursement are dictated by the City's education program policy, subject to revision by the City. Any dispute concerning an entitlement to educational reimbursement is not subject to the grievance procedure. 35 ARTICLE 19 — LOCKOUTS 19.1 Lockouts. No lockout of employees shall be instituted by the City during the term of this Agreement. 19.2 No Strikes. The Union and employees agree that there shall be no strikes, slowdowns, or stoppage of work. Any employee who violates this provision may be subject to disciplinary action, up to and including termination. ARTICLE 20 — SAVING CLAUSE It is the intention of the parties hereto to comply with all applicable provisions of the State or Federal law, and they believe that each and every part of this Agreement is lawful. All provisions of this Agreement shall be complied with, unless any of such provisions shall be declared invalid or inoperative by a Court of final jurisdiction. In such event, either party may request renegotiation of such invalid provisions for the purpose of adequate and lawful replacement thereof; provided, however, that such findings shall have no effect whatsoever on the balance of this Agreement. 36 SIGNED AND DATED THIS DAY OF , 2018. FOR THE CITY: FOR THE UNION: City Manager President City Clerk Vice President Approved as to Form: Dean Vercruysse, Staff Representative City Attorney 37 Appendix A EMPLOYEE POSITION CLASSIFICATION MONTHLY SALARY SCHEDULE Effective January 1, 2019 City Manager Unclassified Deputy City Manager 21-22 9,066.16 • 15,576.80 City Attorney 21 9,066.16 • 14,019.24 Finance Director 21 9,066.16 • 14,019.24 Parks and Recreation Director 20 8,159.44 • 12,618.24 City Engineer 19 7,343.36 • 11,356.54 Deputy City Attorney 19 7,343.36 • 11,356.54 Human Resources Manager 19 7,343.36 • 11,356.54 Planning Manager 18 6,609.87 • 10,220.38 Building Official 18 6,609.87 • 10,220.38 Engineering Manager 18 6,609.87 • 10,220.38 Economic Development Manager 18 6,609.87 • 10,220.38 Senior Engineer 17 5,948.55 • 9,197.96 Accounting Manager 17 5,948.55 • 9,197.96 Assistant Building Official 17 5,948.55 • 9,197.96 Public Works Superintendent 17 5,948.55 • 9,197.96 Attorney 16 5,353.16 • 8,277.64 City Clerk 16 5,353.16 • 8,277.64 Engineer 16 5,353.16 • 8,277.64 Senior Administrative Analyst 16 5,353.16 • 8,277.64 Senior Planner 16 5,353.16 • 8,277.64 Development Services Coordinator 16 5,353.16 • 8,277.64 GIS/Database Administrator 16 5,353.16 • 8,277.64 Accountant/Budget Analyst 16 5,353.16 • 8,277.64 Associate Planner 15 4,818.50 • 7,450.38 Assistant Engineer 15 4,818.50 • 7,450.38 IT Specialist 15 4,818.50 • 7,450.38 Engineering Technician II 15 4,818.50 • 7,450.38 Economic Development Project Specialist 15 4,818.50 • 7,450.38 Senior Plans Examiner 15 4,818.50 • 7,450.38 Public Information Officer 15 4,818.50 • 7,450.38 Human Resource Analyst 14 4,336.92 • 6,705.86 Administrative Analyst 14 4,336.92 • 6,705.86 CenterPlace Coordinator 14 4,336.92 • 6,705.86 Planner 14 4,336.92 • 6,705.86 Building Inspector II 14 4,336.92 • 6,705.86 Plans Examiner 14 4,336.92 • 6,705.86 Engineering Technician I 14 4,336.92 • 6,705.86 Senior Permit Specialist 14 4,336.92 • 6,705.86 Code Enforcement Officer 14 4,336.92 • 6,705.86 Deputy City Clerk 1.. 14 4,336.92 • 6,705.86 Maintenance/Construction Inspector 13-14 3,902.91 • 6,705.86 Recreation Coordinator 13-14 3,902.91 • 6,705.86 Customer Relations/Facilities Coordinator 13 3,902.91 • 6,035.04 Building Inspector I 13 3,902.91 • 6,035.04 Executive Assistant 13 3,902.91 • 6,035.04 Planning Technician 13 3,902.91 • 6,035.04 Senior Center Specialist 12-13 3,513.90 • 6,035.04 Human Resources Technician 12-13 3,513.90 • 6,035.04 Permit Facilitator 12 3,513.90 • 5,431.40 Help Desk Technician 1.. 12 3,513.90 • 5,431.40 Accounting Technician 1.. 12 3,513.90 • 5,431.40 Administrative Assistant 1.. 12 3,513.90 • 5,431.40 Permit Specialist 11-12 3,161.54 • 5,431.40 Maintenance Worker 11-12 3,161.54 • 5,431.40 Office Assistant II 10-11 2,845.20 • 4,888.50 Custodian 1.. 10 2,845.20 • 4,398.62 Office Assistant I 9-10 2,561.00 • 4,398.62 Note: Slight rounding differences may exist betieen the figures reflected on this page and the actual payroll rates computed by the Eden Payroll System. 38 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 6, 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: Woodstove Change -out Program GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: na BACKGROUND: Spokane Regional Clean Air Agency Executive Director Julie Oliver will give a presentation on the Woodstove Change -out Program. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Building Official Jenny Nickerson ATTACHMENTS: PowerPoint; Flyer Woodstove Change -out Program Julie Oliver, Executive Director Spokane Regional Clean Air Agency Background • Residential wood heating is the largest annual contributor to fine particle (PM2 5 ) pollution L • Wood smoke can build to unhealthful levels in our neighborhoods 2 Wood smoke, PM25 and Air Toxics The 2014 state emissions inventory estimates that 1,116 tons of PM2 5 are emitted annually from wood heating in Spokane County. Wood smoke also contains Carcinogenic PAH emissions Benzene, toluene, aldehyde gases, polycyclic organics, dioxin, CO, NOx and SOx. 3 Top 8 sources of PM25 in Spokane Co.: annual tons 2014 state emissions inventory estimates Residential wood heating: 1,116 Roads: 949 (paved/unpaved road dust) Wildfires: 718 tons Construction: 648 (road, residential, non-residential construction dust) 4 Top 8 sources of PM25 in Spokane Co.; annual tons 2014 state emissions inventory estimates Till harvest: 625 (dust) Outdoor burning: 515 (non-residential) Outdoor burning: 445 (residential) On -road mobile: 242 (cars, trucks) 5 Wood heating in Spokane Co 2014 state emissions inventory estimates Number of devices installed: Wood stoves: 22,097 Fireplaces: 20,352 Inserts: 9,885 Pellet: 6,978 Total devices: 61,638 6 Wood heating in Spokane Co. 2014 state emissions inventory estimates Of these 61,638 devices: 32% in use = 19,724 Of these, 46% are non -EPA certified devices = 9,073 7 Ways we manage emissions from wood heating Education/Outreach Curtailment (temporary burn restrictions) Enforcement (temporary restrictions, complaint response: smoke opacity) Special Projects based on funding Educational tools, campaigns, research Wood Stove Change -outs 8 What is a wood stove change -out program? There are different types of change -out or replacement programs in the country Ours provides an incentive off the purchase & installation of a new device in exchange for the old wood burning stove/insert. Old stoves are rendered permanently unusable and recycled. The cleaner the device upgraded to, the greater the incentive ($500/wood; $750/pellet; $1,000/gas or ductless heat pump) 9 Why replace old wood stoves? 2#1 Fireplace Relative Emissions of Fine Particles Uncertified 4400dstove 1.4 EPA Ce rtifie d Wood sto w e Average emissions llb ./MMB us of heat output' for heat source type. Data from US EPA 8,49 Pellet Stove 0.013 0.0083 • rIl D it Gas Furnace Furnace 10 Why change -outs are a good idea Motivation for change is through incentives New devices are cleaner, efficient; burn 1/3 less wood for same heat output Improves air quality Education IS key (you can make a new wood stove burn "dirty" if using unseasoned wood; choking air supply, etc.) 11 Past Funding Partners Huntwood (SEP) NW Hearth, Patio & BBQ Assn Local hearth retailers Avista Corp U.S. EPA Washington State Dept of Ecology 12 Past Programs 2005-07: 30 full replacements (SEP funds) 19 wood, 11 gas 2008-09: 215 (federal and state grants) 139 wood, 76 gas 2011-12: 171 (state grant) 106 gas, 64 wood, 1 heat pump 2015-17: 142 (state grant) 86 gas, 56 wood TOTAL uncertified devices changed -out : 558 13 PM25 Emissions Reduced 279 gas x 101.93 lbs = 28,438.5 or 14.2 tons 263 wood x 51.98 lbs = 13,670 or 6.8 tons 15 pellet x 88.10 lbs = 1,321 or .66 tons 1 heat pump x 102.36 = .051 tons 21.7 tons of PM2.5 reduced annually x 15 years of use = 325.5 tons of PM2.5 *based 3 cords/year average reported 14 Current Grant Program Ecology funded, one-year grant for $100,000 through June 2019 40 change -out projects completed or underway; funding for approx. 50-60 more Information and applications available at local hearth retailers or at SpokaneCleanAir.org 15 Who is eligible for the program? Homeowners with an installed, operational wood burning stove or insert made before 1995 and/or is non -EPA certified (e.g. a homemade stove) Must burn on a regular basis (minimum set for cord wood use during a typical heating season) 16 Who is eligible for the program? Homeowners in the Smoke Contro Zone New area: City of Deer Park SRCAA's Grant Admin: Secure local hearth retail partners (13) Develop materials; promote program Review applications; notify applicants; mail voucher, instructions Process retailer reimbursement packets Update emissions calculation spreadsheet Follow-up on unredeemed vouchers Provide quarterly reports to Ecology 18 Interested? Here's what you do: Submit application to SRCAA, including photo of your old wood stove or insert If approved, redeem your "voucher" at a participating retailer at the time of purchase Retailer will subtract incentive ($500, $750 or $1,000) from your bill for the purchase and professional installation. SRCAA reimburses retailers after receipt of proper paperwork. 19 1 1 HEAT with an old wood stove? Save $500, $750 or $1,000 to upgrade your old stove! If you heat with a non -EPA certified wood burning stove, or one that was made prior to 1995, and reside within the Smoke Control Zone (map on back) or City of Deer Park, you may qualify to save on an upgrade to a new wood, pellet, or gas device or a ductless, mini -split -system heat pump. Review this flyer for other program requirements and if still interested, complete the application portion and submit it with a photo of your existing device. The discount amount ($500-$1,000) is subtracted from the purchase and installation cost of the new device by a participating home heating/hearth business. The discount amount is based on the type of device you select for your upgrade, listed on the application form inside. Purchase and installation costs vary based on device, with a starting price of about $2,500. Additional discounts may be offered by participating hearth dealers and some utility companies offer additional rebates on certain types of ductless heat pumps. Benefits Old wood stoves are inefficient and produce a lot of smoke— both indoors and outdoors. New devices heat much cleaner and more efficiently. Other benefits of upgrading include: • Save money on heating • Protect your family's health • Reduce dust and soot in your home Help improve the air while improving your home's heat! Ta v - ad ` . to • -oft pr • gram NOW! ♦ Find out if you qualify first. ♦ Don't delay - grant funding is available now, but is limited. Apply Today! For more info: www.spokanecleanair.org (509) 477-4727 This program is administered by Spokane Regional Clean Air Agency with grant funding from Washington State Department of Ecology. Do I Qualify? IIavl'ord Rd. Airway lits. .5 State T.ine I4411, Chapman ■ Cheney ■ Spangle ■ Roc{ford ■ Fa log eld ■ Waverly Minimum criteria must be met to qualify, including: • Be the owner of a home located within the boundaries of the Spokane County Smoke Control Zone or within the City limits of Deer Park. • Have an installed, operational wood burning stove, either free standing or inserted in the fireplace, that is non -EPA certified and/or was manufactured prior to 1995. • Use your wood burning device on a regular basis to heat your home as a primary or secondary heat source. Due to limited funds, occasional wood burners (i.e. weekends only, etc.) do not qualify. • Submit a complete application form, including a photo of your device. Details below. *The Smoke Control Zone represents the concentrated residential and commercial areas in Spokane County. When weather and air pollution conditions necessitate, the use of wood stoves are restricted in this area first. How can I tell if my device is "non -EPA certified" or built before 1995? Homemade devices and most devices built prior to the early 1990s are non -certified. Look for a plate/tag on the device. Refer to the original paperwork if you have it. A link to a list of EPA certified devices is at www.spokanecleanair.org/wood- heating. If your device isn't on the list, and doesn't have a label, it's probably not certified. If still unsure, contact Spokane Clean Air and we may be able to assist you. Unfortunately, no. This program is not retroactive. U 5. ENVIRONMENTAL PROTECTION AGENCY DATE OF MANU: ACTURE Made In LLS.A. DO NOT RPM VETHIS LABEL After reviewing this flyer and determining that you meet the minimum criteria, complete the application portion of this flyer, attach a photo of your current device, and send it to Spokane Clean Air. The application form is also available online for submitting via email with the photo. Once approved, a voucher will be sent to you with a list of approved participating retailers. The retailer of your choice from the list will subtract the value of the voucher from the purchase and installation of a new device. Applicants have six weeks to present the voucher to a retailer, make a deposit and schedule the installation. Please note: This program is not retroactive. If you've already removed your device and/or purchased a new device, you will not qualify. Funds are limited and therefore not guaranteed unless a voucher has been issued and is not expired. Allow 7-10 days for application processing. Questions? Call Spokane Clean Air: 477-4727, ext. # 115} 2018-19 Wood Stove Change -out Program APPLICATION FORM Spokane1? Submit to Spokane Regional Clean Air Agency, 3104 E. Augusta Ave., Spokane, WA 99207 (Regional 4 Email option: woodstoves@spokanecleanair.org Clean AlrAgency Spokane Clean Air is offering a discount off the purchase and installation of a new wood, pellet or gas stove or insert, or ductless "mini -split -system" heat pump, when your old wood stove or insert is changed -out. Discount vouchers will be distributed on a first-come, first-served basis to qualified homeowners. To qualify, you must use a non -EPA certified or pre -1995 device (free standing stove or stove insert) and reside within the Spokane County Smoke Control Zone (map on flyer) or within the city limits of Deer Park, WA. Funding is limited and not guaranteed unless a voucher has been issued by Spokane Clean Air. Vouchers are redeemable only at participating retailers for a discount off of the purchase and professional installation of the new device. Note: If you have an existing fireplace insert, it must be replaced with an insert; an insert cannot be changed out to a freestanding stove or heat pump. Complete all sections of this application and include a photo of your device. Retain a copy for your records. Spokane Clean Air is not responsible for materials lost in the mail or email. Complete applications are processed in the order received. Note: Purchase and installation costs vary depending on the device, starting about $2,500 and up. If you are on a low income, you might qualified for an income -based program. For information, call 477-4727 x 115. Available discounts off the purchase & installation of a new device from a participating retailer: • $500 to change out to a new wood stove or insert • $1,000 to change out to a new gas stove or insert • $750 to change out to a new pellet stove or insert • $1,000 to change out to a new ductless, "mini -split" heat pump Home Owner Information (if home is a rental, owner must apply) Owner's name Owner's address Owner's mailing address (if different) If changeout is for an occupied rental, list address Ph Current Wood Heating Device (fireplaces do not qualify) 1 Wood Burning Stove - Free-standing Manufacturer/make/model: 1 Wood Burning Stove - Insert Discount Type Which discount are you interested in? ❑ wood stove or insert ❑ pellet stove or insert ❑ gas stove or insert ❑ ductless heat pump ❑ not sure yet Year manufactured: Additional Information (check all that apply) How did you hear about this offer? 1 TV 1 Radio 1 Newspaper 1 Retailer 1 Web 1 Other Why are you interested? 0 Not satisfied with current device 1 Remodeling 0 Clean Air 0 Save money Is this discount offer a significant factor in replacing your device? 1 Yes 0 No 0 Somewhat In the heating season, how many days per week do you burn? 1 1-3 days 14-6 days 1 every day 1 weekends only On weekdays, about how many hours do you use your device? 1 less than 6 1 6-12 1 12-15 1 all day On weekends, about how many hours do you use your device? 1 less than 6 1 6-12 1 12-15 1 all day Do you purchase your firewood? 1 Yes 0 No If no, do you harvest your own wood? 1 Yes 0 No During a typical heating season, approximately how many cords* of wood do you burn? *A full cord of wood stacked measures 4 feet deep by 4 feet high by 8 feet long. Sign and submit this form with a photo of your existing device By signing below, I agree that the information I've provided on this application is accurate. I have read, understand, and I agree to all of the terms of the Wood Stove Change -out Program continued on the reverse side. I will submit this applica- tion with a photo of my existing, installed and operational wood stove or wood stove insert. Signature Print Name Date How the Wood Stove Change -out program works 1. Applications must be sent to Spokane Regional Clean Air Agency, 3104 E. Augusta Ave., Spokane, WA 99207 or emailed to woodstoves@spokanecleanair.org. A current photo of the installed and operational wood stove or stove insert you wish to changeout must also be submitted with the application form. 2. Spokane Clean Air staff reviews applications to determine if qualification requirements have been met. Applicants may be called to provide additional information. 3. Applicants will receive a letter of qualification or rejection, with an explanation. If qualified, a dated voucher along with a list of participating retailers will be included. Voucher recipients must purchase their device from, and have it installed by, one of the participating "home heating/hearth" businesses. New businesses can join the program at anytime by contacting Spokane Clean Air and completing the necessary paperwork. 4. Voucher recipient presents the original voucher to a participating business of their choice from the list at the time of purchase and schedules the installation. The value of the voucher will be subtracted from the customer's amount due. 5. The business is responsible for taking a photo of the existing device prior to removing it, and a photo of the new device once it's installed. If the existing device is already removed, the voucher is VOID. 6. The business is responsible for removing and documenting the destruction of the old device. The cost for removal is borne by either the customer or the business. The business will obtain the proper permit and perform the installation. The program recipient is responsible to call the permit department for an final inspection where applicable. 7. The business will submit an invoice and all required paperwork to Spokane Clean Air for reimbursement. Important! Please read terms carefully. By applying, you are agreeing to the following: 8. I am the owner of a home located within the Spokane County Smoke Control Zone or city limits of Deer Park, WA. (See area map on this program flyer. If still unsure, call Spokane Clean Air at 477-4727.) 9. I have an installed, operational non -EPA certified or pre -1995 wood stove or insert that I use regularly during the heating season. I burn a minimum of 2 cords of wood during a typical heating season. 10. I will relinquish my old wood stove or insert to the business who will remove it when they install my new device. If my device is already removed, the voucher is void. If I've already purchased a new device, the voucher is void. 11. If I am replacing a fireplace insert, I may only replace it with an insert (wood, gas or pellet). 12. I agree to complete a follow-up written or phone survey conducted by Spokane Clean Air. 13. I understand that participants are limited to one voucher per household. 14. I understand that complete applications are processed in the order received. Vouchers will be distributed on a first- come, first-served basis. Funding is limited, therefore not guaranteed. 15. I understand that if I qualify, I will receive a voucher and a list of participating businesses. These businesses have signed up for the program by agreeing to program terms, including honoring the voucher. 16. I understand that I am responsible to pay the business for the purchase price and professional installation costs, including all applicable taxes, less the discount voucher amount. 17. Spokane Clean Air does not guarantee any devices purchased under this program or the installation of such devices, regarding the quality, functionality or satisfaction of the device and/or installation. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 6, 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: Police Department Report GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: At Council's request, Chief Werner will give an overview of the Police Department's report. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: ATTACHMENTS: PowerPoint SVPD Quarterly Report > SCOPE > Patrol > Investigative Unit SCOPE Sheriff's Community Oriented Policing Effort Admin Hrs LE Hrs Total Hrs Central Valley 342.5 211.5 554 East Valley* 751.5 1,069 1,820.5 Edgecliff 594.5 109 703.5 Trentwood 389.5 606.5 996 University 1,093 362.5 1,455.5 West Valley* 942 221 1,163 4,113 2,579.5 6,692.5 Volunteer Value at $30.46/hr $203,853.55 *Includes estimated volunteer service hours that are provided in the City of Spokane Valley. These two locations cover both Spokane Valley and the unincorporated portion of the county. • Patrol • Average Patrol Staffing* per Shift o Dayshift = 6.33 o Nightshift = 6.07 o Power Shift = 3.22 *Does not include supervisors, Traffic Unit, or School Resource Deputies. •3 Patrol Statistics: 3rd Quarter 2017 vs 3rd Quarter 2018 3rd Qtr. 2017 3rd Qtr. 2018 % Increase Citizen CFS* 12569 12856 2.28% Citizen CFS with Response 7466 7877 5.50% Deputy Initiated Incidents 4920 5205 5.79% Total Deputy Involved Incidents 12456 13082 5.03% *Excluding: Crime Check reports. Patrol • Cooperative efforts with Catholic Charities to mitigate the impact of the Pope Francis Haven Apartments in District 6 (16412 E. Sprague) appear to be beneficial. Total calls for service at the apartments dropped from 141 second quarter to 116 third quarter. Patrol Six external complaints were received during the 3rd quarter that included the following seven allegations: o Five allegations of discourteous or disrespectful behavior • Three not sustained • One sustained • One complaint withdrawn o One allegation of unsafe driving • Complaint withdrawn o One criminal allegation (threatened assault) • Not sustained •6 Patrol • 7 Deputies attending the BLE/CJTC Academy • 5 Deputies currently attending the Pre -Academy • 12 Deputies currently in field training •7 Spokane Valley Investigative Unit (SVIU) 3rd Quarter 2018 • 56 Persons Charged o 16 Booked o 40 Charged by affidavit • 301 felony and 56 misdemeanor charges .g Spokane Valley Investigative Unit (SVIU) 30 Search Warrants o 8 Residences o 9 Vehicles o 1 Storage Units o 1 Motel Rooms o 7 Bank records o 2 GPS Trackers o 11 cell phones Spokane Valley Investigative Unit (SVIU) Seizures and Recoveries • $21,244 in stolen property recovered • One stolen firearm recovered • $18,952 seized from drug dealers • $300 counterfeit currency seized •10 Spokane Valley Investigative Unit (SVIU) Controlled Substance Seizures • 3/4 pound methamphetamine • 1 pound heroin • 10 grams crack cocaine • 35 suboxone strips • 13 Pills Schedule 111+ Spokane Valley Investigative Unit (SVIU) 2018 Through September 30 • 4,244 Property crimes reviewed by SVIU detectives o 2,322 Cases unassigned due to lack of leads/evidence o 137 Cases under active investigation o 848 Cases cleared by patrol and reviewed by SVIU detectives o 306 Cleared between January 1 and September 30 o 414 Potentially workable unassigned due to lack of investigators o 217 Investigation suspended due to lack of leads/evidence 012 Major Crimes Spokane Valley: 43 Unincorporated: 19 Other: 7 Assigned Cases *Assigned case counts have Death Natural, Death Unknown, Death Suicide, Persons Missing, Person Runaway all removed (they are reported separately) Assigned Disposed Cases Unincorporated Spokane Valley Settled: 18 95% Settled: 40 100% Settled By Arrest: 13 68% Settled By Arrest: 32 80% Inactivated: 1 5% Inactivated: 0 0% Other Settled: 6 100% Settled By Arrest: 5 83% Inactivated: 0 0% •13 Major Crimes 43 40 19 19 7 I!1. ■ :■ i 13 5 - 0 1 0 Cases Assigned Cases Disposed Cases Settled Settled by Arrest • Spokane Valley - Unincorporated • Other Inactivated Cases Disposed • Settled by Arrest • Inactivated • Settled Other • Spokane Valley • Unincorporated • Other 14 • Major Crimes Missing, Runaways & Death Investigations Assigned Missing SV: 19 Assigned Missing Uninc: 27 Assigned Missing Other: 0 Disposed Missing & Runaway SV: 98 Disposed Missing & Runaway Uninc: 66 Disposed Missing & Runaway Other: 1 Assigned Death Investigations SV: 11 Assigned Death Investigations Uninc: 11 Assigned Death Other: 3 Assigned Runaway SV: 80 Assigned Runaway Uninc: 38 Assigned Runaway Other: 0 *Death Investigations are (Death Natural, Death Unknown, Death Suicide) Disposed Death Investigations SV: 9 Disposed Death Investigations Uninc: 2 Disposed Death Investigations Other: 12 •15 Major Crimes Assigned Cases 27 19 E. D 80 38 0 3 Missing Persons Runaways ■ Spokane Valley E Unincorporated ■ Other Death Investigations Disposed Death Investigations 12, 52% 2, 9% • Spokane Valley • Unincorporated • Other Disposed Missing/Runaways 1,1% 66, 40% 98, 59% • Spokane Valley • Unincorporated • Other •16 Sexual Assault Unit Q3 - 2018 Assigned Cases Spokane Valley: 23 Unincorporated: 24 Other: 10 Assigned Disposed Cases Unincorporated Spokane Valley Settled: 22 79% Settled: 25 96% Settled By Arrest: 6 21% Settled By Arrest: 4 15% Inactivated: 6 21% Inactivated: 1 4% Other Settled: 12 100% Settled By Arrest: 10 83% Inactivated: 0 0% •17 1 Sexual Assault Unit 23 24 10 1 Cases Assigned Sexual Assault Unit Performance Measures 7f 25 12 12 Cases Disposed Cases Settled 10 4 •ui Settled by Arrest • Spokane Valley • Unincorporated • Other 1 Inactivated 39, 59% Cases Disposed ■ Settled by Arrest • Inactivated • Settled Other • Spokane Valley • Unincorporated • Other 18 Sexual Assault Unit Assigned Cases w/o RSO Spokane Valley: 23 Unincorporated: 23 Other: 2 Assigned Disposed Cases w/o RSO Unincorporated w/o RSO Spokane Valley w/o RSO Settled: 22 79% Settled: 25 96% Settled By Arrest: 6 21% Settled By Arrest: 4 15% Inactivated: 6 21% Inactivated: 1 4% Other w/o RSO Settled: 3 100% Settled By Arrest: 1 33% Inactivated: 0 0% •19 Sexual Assault Unit Sexual Assault Unit Performance Measures w/o RSO 23 23 2 Cases Assigned 3 Cases Disposed ■ Spokane Valley 25 22 3 - Cases Settled Unincorporated 6 6 4 1 1 Settled byArrest Inactivated ■ Other Cases Disposed w/o RSO 7, 12% • Settled byArrest • Inactivated • Settled Other Cases Assigned w/o RSO 2, 4% 23, 48%41, iiiiiiimmi 23, 48% - Spokane Valley - Unincorporated • Other 20 Major Crimes/Sexual Assault Unit Unassigned Lack of Resources by Assigned Bureau Unincorporated Spokane Valley SCSO DV: 1 SCSO DV: 0 SCSO Major Crimes: 0 SCSO Major Crirnes: 3 SCSO Patrol: 1 SCSO Patrol: 22 SCSO Property/Drug Crime Units: 115 SCSO Property/Drug Crime Units: 136 SCSO Sexual Assault Unit: 15 SCSO Sexual Assault Unit: 20 Other: 0 INSUF Total: 132 Other SCSO DV: 0 SCSO Major Crimes: 0 SCSO Patrol: 0 SCSO Property/Drug Crime Units: 0 SCSO Sexual Assault Unit: 1 Other: 0 INSUF Total: 1 Other: 1 I NS U F Total: 182 •21 Major Crimes/Sexual Assault Unit Unassigned/Lack of Resources Sex Crimes - Unassigned Due to Lack of Resources Assault -Simple, 1 Voyeurism, 1 Susp Circumstances, 1 Sexual Exploitation, 1 Residential Care Services, 1 Rape -Sodomy, 1 • Comm WIM i nor, 1 Rape -Forcible, 2 _ Extortion, 1 Major Crimes - Unassigned Due To Lack of Resources Assault -Weapon, 1, 33% Robbery -Commercial, 2, 67% • 22 Questions? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 6, 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: Administrative report — Update on RFQ for federal lobbyist process. GOVERNING LEGISLATION: SVMC 3.46.010, SVMC 3.46.030. PREVIOUS COUNCIL ACTION TAKEN: June 12, 2018 Budget Workshop request from Council that staff initiate the process for identifying and contracting with a government affairs firm that specializes in lobbying at the federal level, and specifically has expertise in federal transportation funding; administrative report July 24, 2018. BACKGROUND: The Council requested that staff initiate an RFQ process to identify qualified firms to provide governmental affairs (lobbying) assistance to the City for federal issues, including for additional funding for large infrastructure projects including Bridging the Valley and the Barker Road Corridor Project. After releasing the RFQ, the City received 18 responses from various firms. From those, the review team identified five for phone interviews, from which the review team identified two firms to interview in person. The two finalists were Cardinal Infrastructure, LLC, and Van Scoyoc Associates, Inc. Both firms were excellent in their in-person interviews at City Hall, making the selection more difficult. One of the selection team members had prior experience with Cardinal Infrastructure through their appointment to the Spokane Transit Authority, and reported that Cardinal Infrastructure was instrumental in recently helping STA get substantial funding for a large project. Based on the qualifications, interview process, and this additional information regarding Cardinal Infrastructure, LLC, the review team is recommending that the contract for federal lobbying be awarded to Cardinal Infrastructure, LLC. A copy of the proposed contract is attached. The proposed annual fee from Cardinal for all services and costs related to providing the services set forth in the Scope of Services/Fee Statement is $78,000, which is within the City's adopted budget amount. This includes two trips by Cardinal Infrastructure to travel to Spokane Valley to assist us in formulating a federal lobbying agenda, and to keep the City apprised as needed on issues of interest to the City. It also includes hard costs incurred by Cardinal Infrastructure in conducting meetings by visiting Councilmembers and staff twice per year. Costs for Councilmembers and staff for such things as airfare, hotel, meals, and transportation to and in Washington, D.C. would be covered by the City. This proposed contract is drafted similar to the contract the City has with Gordon Thomas Honeywell for state lobbying, and would be a one year (end of 2019) contract, with up to four one year options that may be implemented at the mutual decision of the City and Cardinal Infrastructure. OPTIONS: (1) Move to a future agenda (which may include the Consent Agenda) for motion consideration; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future consent agenda for motion consideration to authorize the City Manager to finalize and execute the attached contract with Cardinal Infrastructure, LLC as the City's federal lobbying consultant. BUDGET/FINANCIAL IMPACTS: The contracted amount would be for $78,000 annually, plus City costs for travel expenses to and from Washington D.C. The 2019 Budget includes appropriations to accommodate these expenditures. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: Proposed contract with Cardinal Infrastructure, LLC for federal lobbyist. AGREEMENT FOR SERVICES Cardinal Infrastructure, LLC THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Cardinal Infrastructure, LLC, hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until December 31, 2019. Upon mutual written agreement of the Parties, the City may grant up to four additional one-year options, which may be exercised by the City Manager. Renewal, if any, shall coincide with the calendar year. Agreement for Services (without professional liability coverage) Page 1 of 6 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant $78,000 annually, ($6,500 monthly), (which includes Washington State Sales Tax if any is applicable) as full compensation for everything done under this Agreement, including all expenses, as set forth in Exhibit A. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below -stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 Name: Anja Graves, Partner Cardinal Infrastructure, LLC Phone: 202-434-8266 Address: 601 Pennsylvania Avenue NW, Suite 900 Washington, D.C., 20004 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction documents, and services shall conform to all federal, state, and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses Agreement for Services (without professional liability coverage) Page 2 of 6 enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. Agreement for Services (without professional liability coverage) Page 3 of 6 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 for each occurrence, and $2,000,000 for general aggregate. C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of, whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement, which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever Agreement for Services (without professional liability coverage) Page 4 of 6 relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant's duty to defend, indemnify, and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Consultant's duty to defend, indemnify, and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Consultant, Consultant's agents, subcontractors, subconsultants, and employees. Consultant's duty to defend, indemnify, and hold City harmless shall include, as to all claims, demands, losses, and liability to which it applies, City's personnel -related costs, reasonable attorneys° fees, the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim -related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party may assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time -to -time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane Agreement for Services (without professional liability coverage) Page 5 of 6 County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business if it has not already done so. 22. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services/Fee proposal B. Insurance Certificates The Parties have executed this Agreement this _ day of , 20_. CITY OF SPOKANE VALLEY Consultant: Cardinal Infrastructure, LLC 1 Mark Calhoun, City Manager By: StJ� & S . %1,:11c r Its: Authorized Representative ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office of the City Attorney Agreement for Services (without professional liability coverage) Page 6 of 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 6, 2018 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Hearing Examiner Interlocal Agreement GOVERNING LEGISLATION: Chapter 39.34 RCW; chapter 18.20 SVMC. PREVIOUS COUNCIL ACTION TAKEN: Original interlocal agreement executed with Spokane County for hearing examiner services in March, 2003; revised interlocal agreement for hearing examiner services with Spokane County in March, 2006; Addendum to hearing examiner interlocal in May, 2006; Addendum to hearing examiner interlocal agreement in April, 2013. Notice of termination of interlocal agreement to Spokane County June 20, 2018. BACKGROUND: The City utilized the Spokane County Hearing Examiner for its hearing examiner needs through an interlocal agreement from 2003 through the present. The City gave notice to the County of termination of the agreement effective December 31, 2018. In considering its options for provision of these services, staff was mindful of several factors, including quality of service, cost, and potential conflicts of interest. There are limited options available due to the qualification requirements for a hearing examiner. A good hearing examiner must be an attorney experienced in land use, and be somewhat free of conflicts of interest with local developers. As a result, some local jurisdictions contract with attorneys from out of the area for hearing examiner services. Spokane County and the City of Spokane are large enough jurisdictions to justify having in-house hearing examiners. Staff is concerned about hiring a local private attorney with appropriate experience because they are very likely to have unavoidable conflicts of interest. The Hearing Examiner for Spokane is Brian McGinn, a position he has held for over five years. He has served as a pro tem Hearing Examiner for Spokane Valley three times in 2018 for various reasons. Staff found his hearings to be well run. As such, staff discussed a possible interlocal agreement with Spokane for use of Mr. McGinn's services. Spokane's charge for Mr. McGinn's services is $125 per hour, and his assistant's hourly rate is $30. This is very close to the prior charges by Spokane County for use of their Hearing Examiner, which averaged approximately $140 per hour, which includes the Assistant's time. If Council approves this proposed interlocal agreement, staff anticipates a similar annual budget amount going forward. OPTIONS: (1) Place on future consent agenda for approval; (2) place on future regular agenda for motion consideration; or (3) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on future consent agenda for approval. BUDGET/FINANCIAL IMPACTS: Anticipated to be similar to past years. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Proposed interlocal agreement with City of Spokane for Hearing Examiner services. Return to: Office of the City Clerk 808 West Spokane Falls Blvd. Spokane, Washington 99201 C 1 T Y 0 F SPOKANE pl''' )l�ll)l >>>lll City Clerk's No. INTERLOCAL COOPERATION AGREEMENT BETWEEN CITY OF SPOKANE AND THE CITY OF SPOKANE VALLEY FOR HEARING EXAMINER SERVICES This Agreement is between the CITY OF SPOKANE VALLEY, a Washington State municipal corporation, (Spokane Valley), and the CITY OF SPOKANE, a Washington State municipal corporation, (City), jointly referred to hereinafter as the "Parties". WHEREAS, pursuant to RCW 39.34.080, governmental entities may contract with each other to perform any governmental service which each may legally perform; and WHEREAS, Spokane Valley recently cancelled its interlocal agreement with Spokane County for provision of hearing examiner services, effective December 31, 2018. As of January 1, 2019, Spokane Valley will not have a hearing examiner to conduct hearings on various administrative appeals or quasi-judicial hearings on land use matters within its jurisdictional boundaries; and WHEREAS, the City has adopted an ordinance that authorizes its Hearing Examiner to act as a hearing examiner pro -tem for other governmental entities to perform the duties of the hearing examiner when such hearing examiner is absent, has a conflict of interest or other reason; and WHEREAS, the Hearing Examiner is a City employee, serves the City of Spokane in that capacity and is a duly admitted member of the Washington State Bar Association and is knowledgeable on land use and other local government matters. Now, therefore, the Parties agree as follows: 1. PURPOSE. This Agreement is to provide a mechanism whereby the City's Hearing Examiner can act as the hearing examiner pro -tem to Spokane Valley to conduct administrative and quasi-judicial hearings. See Scope of Work attached as Exhibit A. 2. COMPENSATION. Spokane Valley agrees to pay the City for hearing examiner services at the rate of $125.00 per hour, plus reimbursement for travel, in accordance with the City's current mileage rate. The Hearing Examiner shall keep a log of the number of hours worked and nature of work performed for each hearing item. The Parties understand and acknowledge that the Hearing' Examiner shall not be considered an employee of Spokane Valley when performing services pursuant to this Agreement. 3. PAYMENT. Spokane Valley shall submit payment within 30 days of receipt of invoice for services rendered, payable to the City of Spokane, Office of the Hearing Examiner, Sixth Floor, City Hall, 808 West Spokane Falls Boulevard, Spokane, Washington 99201. 4. AUTHORIZATION FOR SERVICES. The Spokane Valley City Manager shall be responsible for the administration of this Agreement and the requesting of services from the Hearing Examiner. 5. AGREEMENT NOT EXCLUSIVE. The City of Spokane's Hearing Examiner is hereby appointed as a hearing examiner pro -tem for Spokane Valley. This Agreement is not exclusive and Spokane Valley may designate other hearing examiners pro -tem to hear similar matters as authorized by local ordinance or resolution. 6. DURATION. This Agreement is effective upon signature by both Parties and filing as required by law, and shall continue in operation until terminated byaone of the Parties. Either Party may terminate this Agreement upon at least 60 days written notice to the other Party. The Parties acknowledge that the availability of the Hearing Examiner is contingent upon the amount of work and the number of hearings that must be held by the Hearing Examiner. Spokane Valley understands and acknowledges that the City cannot guarantee that its Hearing Examiner will be available at all times that may be requested. 7.. DECISIONS. The hearing examiner pro -tem shall comply with the requirements of federal, state and local law, relating to the matter being considered by the examiner, including the ordinances and resolutions of Spokane Valley. If there is no applicable time period under statute or local ordinance or resolution for issuance of the Hearing Examiner's decision, the Hearing Examiner shall exercise his best efforts to render a written decision with findings and conclusions within 30 calendar days of concluding the hearing. If the Hearing Examiner's written decision is appealed, the Hearing Examiner shall review and certify the record from the hearing to the appropriate body after preparation of the record by Spokane Valley. 8. ADMINISTRATIVE SUPPORT. Spokane Valley shall supply all necessary administrative support services for the Hearing Examiner, such as hearing room, recording equipment, clerk, secretarial support, notifications and copies of applicable regulations, policies, and reports. If the Hearing Examiner uses his own secretary, for secretarial support, secretarial support time will be billed to Spokane Valley at a rate of $30 per hour. 9. AGREEMENT ADMINISTRATION. No new or separate legal entity or administrative entity is formed by this Agreement. No property will be acquired, held or disposed of pursuant to this Agreement. 2 10. LEGAL RELATIONS AND INDEMNIFICATION. Spokane Valley shall indemnify, defend and hold harmless the City, its officers, employees including the Hearing Examiner, and agents 'from any action, claim or proceedings instituted by any third party, arising out of the performance, purported performance or failure of performance of professional services rendered in good faith by the City's Hearing Examiner pursuant to this Agreement. Other than as provided above, the City shall indemnify, defend and hold harmless Spokane Valley, its officers, employees and agents from any action, claim or proceedings arising from the negligence of the City, its officers, employees including the Hearing Examiner, and agents, except to the extent of the concurrent negligence of Spokane Valley. 11. TERMINATION. If the Agreement is terminated, Spokane Valley shall reimburse the City for any services performed pursuant to this Agreement that have not at the time of termination been paid for and which the Parties have previously agreed is compensable work. 12. VENUE. This Agreement has and shall be construed as having been made and delivered in the State of Washington and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity or judicial proceedings for the enforcement of this Agreement or any provision hereto shall be instituted only in the courts of competent jurisdiction within Spokane County, Washington. 13. ALL WRITING AS CONTAINED HEREIN. This Agreement contains all of the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties. 14. RECORDING. This Agreement shall be recorded with the Spokane County Auditor after its approval by both Parties. 15. CHAPTER 39.34 RCW REQUIRED CLAUSES. A. Purpose. See Section 1 above. B. Duration. See Section 6 above. C. Organization of Separate Entity and Its Powers. See Section 9 above. D. Responsibilities of the Parties. See provisions above. E. Agreement to be filed. See Section 14 above. F. Financing. See Section 2 above. G. Termination. See Section 11 above. 3 H. Property upon Termination. No property acquisitions expected. IN WITNESS WHEREOF, the parties hereby execute the above Agreement: Dated this day of CITY OF SPOKANE VALLEY, WASHINGTON Mark Calhoun, City Manager Attest: Approved as to form: Christine Bainbridge, City Clerk Office of the City Attorney Dated this day of CITY OF SPOKANE, WASHINGTON By Title Attest: Ap.roved as to form: City Clerk Assistant City Attorney Attachments to this Agreement: Exhibit A — Scope of Work 4 18-135 Scope of Work The Hearing Examiner will conduct all aspects of various types of public hearings for the City on an ad hoc basis as needed. The majority of hearings are for decisions on land use applications, including, but not limited to preliminary plats, conditional use permits, variances, appeals on State Environmental Policy Act (SEPA) determinations, planned unit developments, and other similar land use applications. The Hearing Examiner will also conduct any appeals of administrative Code Enforcement violation and dangerous dog determinations. Lastly, the City may request that the Hearing Examiner conduct other types of hearings relating to television franchises or other quasi- judicial matters. The City anticipatesthe following scope of work for the Hearing Examiner: Hearing Examiner Services shall include all time spent by the Hearing Examiner in making site visits, preparing for and conducting public hearings or appeals, reviewing the record and applicable evidence, drafting written decisions and rulings, organizing and mailing decisions or recommendations to appropriate parties, drafting necessary correspondence, and conducting other duties pursuant to chapter 18.20 SVMC as adopted or amended. Hearing Examiner Services shall also include the time spent by the Hearing Examiner in meeting with City staff to discuss improvements to the City's Hearing Examiner system, if specifically requested by the City Manager or his/her designee, and reporting to and meeting with the City Council and/or Planning Commission as requested by City staff. The Hearing Examiner shall charge and retain the costs of preparing and certifying records and transcripts for appeals of City Hearing Examiner decisions from the appellant as provided by statute or SVMC. The Hearing Examiner may consult with City staff on any issue related to the performance of Hearing Examiner Services under the terms of the Agreement. Hearings shall be held in a location or locations and at such times as designated by the City. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 6, 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: Lodging Tax Advisory Committee - 2019 Recommended Grant Allocations for Tourism Promotion GOVERNING LEGISLATION: State Law RCW 82.08, and Spokane Valley Municipal Code 3.20 PREVIOUS COUNCIL ACTION TAKEN: Thus far in 2018 for the 2019 awards, the Council has had discussions pertaining to lodging tax on four previous occasions: • Winter Council Workshop on February 13, 2018 where we discussed the need for a joint meeting between Council and the Lodging Tax Advisory Committee (LTAC). • July 17, 2018 where we discussed: o Lodging tax in general — what it is and how it may be expended. o The LTAC — what it is and its role in the process. o The Council's role in the process o Council goals and priorities for the LTAC. • July 31, 2018 where Council discussed and reached consensus on the goals and priorities that should be included in the lodging tax grant application and also communicated to the LTAC. • August 21, 2018 was a joint meeting between Council and the LTAC during which Council communicated the revised goals and priorities for lodging tax to the Committee. BACKGROUND: In 2003 the City implemented a 2% hotel/motel tax, the proceeds of which are used to promote conventions and tourist travel to our City. The organizations to which the tax proceeds are distributed are ultimately determined by the City Council which receives a recommendation from the Lodging Tax Advisory Committee (LTAC). The LTAC is comprised of five members who are appointed by the City Council. The LTAC membership must include: • At least two representatives of businesses that are required to collect the tax, • At least two people who are involved in activities that are authorized to be funded by the tax, and • One elected city official who serves as chairperson of the LTAC. The LTAC makes its recommendations based upon a combination of written application materials and a presentation that is made to them by each applicant. On October 18, 2018, the LTAC met to consider application materials and presentations from applicants seeking a portion of the $625,000 appropriated in the City's 2019 Budget. Prior to applicant presentations, the LTAC passed a motion that $275,000 be deducted from the available Lodging Tax funds for distribution in 2019 and have those funds moved into the 1.3% Lodging Tax Fund account dedicated for a large sports venue or venues for tourism facilities that generate overnight guests and recommended that this motion be provided for the Council's approval. This left $350,000 of the $625,000 available in the 2019 Budget to be recommended for awards to the applicants. Presentations were made by the HUB Sports Center, JAKT for Crave NW, JAKT for a farmer's market, JAKT for Spokane Oktoberfest, Spokane County Fair and Expo Center, Spokane County Parks, Recreation and Golf, Spokane Sports Commission, Spokane Valley Heritage Museum, Valleyfest, Valleyfest Cycle Celebration, and Visit Spokane. Following applicant presentations the LTAC discussed both the merits of making particular awards to various applicants and how they 1 felt revenues should be allocated. Ultimately, the LTAC recommended the following awards be advanced to the City Council for consideration: 1) HUB Sports Center 55,100 52,000 2) JAKT - Crave NW 60,000 21,500 3) JAKT - Farmers Market 15,000 7,000 4) JAKT - Oktoberfest 20,000 5,000 5) Spokane Co Fair and Expo Center 60,000 55,000 6) Spokane Co Parks, Rec, and Golf 75,000 35,000 7) Spokane Sports Commission 200,000 108,000 8) Spokane Valley Heritage Museum 28,500 5,500 9) Valleyfest 150,000 12,000 10) Valleyfest Cycle Celebration 25,000 1,000 11) Visit Spokane 200,000 48,000 888,600 350,000 Proposed Transfer to Fund #104 275,000 Total Available in 2019 Budget 625,000 At times some organizations apply for funding through both the Outside Agency and the Lodging Tax award processes. JAKT for a farmers market, Valleyfest, and the Spokane Valley Heritage Museum both applied for Lodging Tax Funding for 2019, as well as for 2019 Outside Agency funding, and were awarded $20,389, $49,687, and $8,300, respectively, in Outside Agency funding at the October 23, 2018 Council meeting. OPTIONS: The options for City Council action have been viewed as primarily being limited to either (1) approving some or all of the listed recipients and amounts recommended by the LTAC or (2) not approving any recipients and having the LTAC revise its recommendation for further City Council action. However, under RCW 67.28.1817, a municipality may propose "a change in the use of revenue received under [RCW 67.28]," but must submit the proposal to the LTAC for review and comment. Then, the LTAC must be given at least 45 days to review and provide comments prior to final action by the municipality. This allows the City Council to conduct its own review of the materials submitted, including the minutes and recommended amounts by the LTAC, to come up with its own proposed distribution of the revenue for any of the applicants, which may be the same or different from the LTAC recommendation. If it is different, the City must give the LTAC 45 days to review and provide comments on the proposed revised distribution before taking final action. RECOMMENDED ACTION OR MOTION: No action is required at this time. This topic will come back before the City Council on December 11, 2018, when a motion consideration will be requested. BUDGET/FINANCIAL IMPACTS: The 2019 Proposed Budget includes total revenues of $602,000 including $600,000 of lodging taxes. Total expenditures are budgeted at $655,000 including $30,000 to offset advertising at CenterPlace and up to $625,000 to be allocated through this award process. The $625,000 includes the $350,000 of recommended awards by the LTAC as well as $275,000 the LTAC recommended for the Council to deduct from the available funds 2 Amount LTAC Applicant Requested Recommend 1) HUB Sports Center 55,100 52,000 2) JAKT - Crave NW 60,000 21,500 3) JAKT - Farmers Market 15,000 7,000 4) JAKT - Oktoberfest 20,000 5,000 5) Spokane Co Fair and Expo Center 60,000 55,000 6) Spokane Co Parks, Rec, and Golf 75,000 35,000 7) Spokane Sports Commission 200,000 108,000 8) Spokane Valley Heritage Museum 28,500 5,500 9) Valleyfest 150,000 12,000 10) Valleyfest Cycle Celebration 25,000 1,000 11) Visit Spokane 200,000 48,000 888,600 350,000 Proposed Transfer to Fund #104 275,000 Total Available in 2019 Budget 625,000 At times some organizations apply for funding through both the Outside Agency and the Lodging Tax award processes. JAKT for a farmers market, Valleyfest, and the Spokane Valley Heritage Museum both applied for Lodging Tax Funding for 2019, as well as for 2019 Outside Agency funding, and were awarded $20,389, $49,687, and $8,300, respectively, in Outside Agency funding at the October 23, 2018 Council meeting. OPTIONS: The options for City Council action have been viewed as primarily being limited to either (1) approving some or all of the listed recipients and amounts recommended by the LTAC or (2) not approving any recipients and having the LTAC revise its recommendation for further City Council action. However, under RCW 67.28.1817, a municipality may propose "a change in the use of revenue received under [RCW 67.28]," but must submit the proposal to the LTAC for review and comment. Then, the LTAC must be given at least 45 days to review and provide comments prior to final action by the municipality. This allows the City Council to conduct its own review of the materials submitted, including the minutes and recommended amounts by the LTAC, to come up with its own proposed distribution of the revenue for any of the applicants, which may be the same or different from the LTAC recommendation. If it is different, the City must give the LTAC 45 days to review and provide comments on the proposed revised distribution before taking final action. RECOMMENDED ACTION OR MOTION: No action is required at this time. This topic will come back before the City Council on December 11, 2018, when a motion consideration will be requested. BUDGET/FINANCIAL IMPACTS: The 2019 Proposed Budget includes total revenues of $602,000 including $600,000 of lodging taxes. Total expenditures are budgeted at $655,000 including $30,000 to offset advertising at CenterPlace and up to $625,000 to be allocated through this award process. The $625,000 includes the $350,000 of recommended awards by the LTAC as well as $275,000 the LTAC recommended for the Council to deduct from the available funds 2 for the award distributions for 2019 and transfer that amount into the 1.3% Lodging Tax Fund account dedicated for a large sports venue or venues for tourism facilities. Total expenditures are expected to exceed total revenues by $53,000 and this will be offset through the use of a portion of the fund balance. The fund balance at the conclusion of 2019 is expected to be $147,867 which should be adequate to cover cash flow needs. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: • Minutes of October 18, 2018, Lodging Tax Advisory Committee meeting. • Chart reflecting a history of hotel/motel tax receipts from January 2009 through August 2018. • Fund #105 — Hotel/Motel Tax — history of revenues and expenditures — 2014 through 2017 Actuals and 2018 and 2019 Budgets. • Lodging Tax Application and Award History for the years 2003 through 2018. • Separately distributed binder titled "Lodging Tax 2019" that was also utilized by the Lodging Tax Advisory Committee at their October 18, 2018 meeting. 3 MINUTES LODGING TAX ADVISORY COMMITTEE MEETING October 18, 2018 8:30 a.rn. Spokane Valley City Hall Council Chambers 10210 East Sprague Avenue Attendance: Lodging Tax Advisory Committee Members: Chair: Councilnmenrber Sam Wood Lee Cameron, Mirabeau Park Hotel Colleen Heinselman, Hampton Inn Suites Scott Peterson, Spokane County Fair Board Gregory Repetti, The Hub Staff: Chelsie Taylor, Finance Director Sarah Farr, Accounting Technician Cary Driskell, City Attorney Mike Stone, Parks & Rec Director Tina Gregerson, Recreation Coordinator Chaz Bates, Economic Del). Specialist Christine Bainbridge, City Clerk Lodging Tax Advisory Committee (LTAC) Chair Wood called the meeting to order at 8:30 a.m. and welcomed everyone to the meeting. Finance Director Taylor then gave an overview of the materials included in the 2019 Lodging Tax Grant Funding Requests binder, which include a page for each committee member to provide their award recommendation, today's meeting agenda, an October 12, 2018 memorandum with information regarding the lodging tax and which includes the City Council Goals and Priorities for use of lodging tax revenues; several financial sheets; 2018 Process leading to tentative 2019 awards calendar; minutes from the October 19, 2017, December 19, 2017, and August 21, 2018 committee meetings, and the Lodging Tax 2019 process leading to 2020 awards calendar; followed by eleven applications and supporting materials from agencies requesting funding. Ms. Taylor remarked that the revenues for 2018 are tracking to about $600,000, which amount is slightly higher than the previous year, and that it looks like the beginning of 2019 shows about $201,000; she mentioned we keep about 25% of that figure, or about $I50,000 for 2018, to use for cash flow purposes. Director Taylor then asked the committee members to introduce themselves; which they did. It was noted all committee members were present. Chair Wood asked if there are any motions by the board at this time. It was moved by Mr. Cameron, seconded and unanimously agreed that $275, 000 be deducted from the available LTAC funds in 2019, and moved into the 1.3% lodging tax fiend account dedicated for a large sporting venue. Director Taylor noted that based on that motion, the new balance will be $350,000; and said that when the committee is ready, she will have the spreadsheet up on the screen with that updated figure. Presentations were then made as follows: 1. HUB Sports Center - $55,100: recruiting events to the facility; includes marketing and operations. Via his PowerPoint presentation, HUB Executive Director Mr. Phil Champlin explained a little about his 66,650 square foot facility, complete with five basketball courts and three studios; be mentioned some of the events that generate overnight stays including martial arts, basketball and volleyball; and included a graph showing the percentage of travel guests who travel to his facility within fifty miles in state, within fifty miles out of state, and greater than fifty miles in and out of state. As a point of interest, Mr. Cameron said he also serves on that board, but there is no conflict; said the hotel industry tracks uses of hotels and the HUB always generates a good deal of business for the valley, and Ms. l leinselman agreed. Mr. Repetti LTAC Minutes October 18, 2018 Page 1 of 6 asked about the matching funds mentioned in the materials, and Mr. Champlin explained that they are also applying for funds from Liberty Lake, and will use some of the HUB's funds to support his proposal as well. 2. JAKT - $60,000 to continue to build the Crave three-day event. Mr. Tom Stebbins mentioned the huge positive impact the improvements to CenterPlace's west lawn have helped with this event; mentioned the previous year's attendance and the projected 2019 attendance at 4,000; said many people were not aware how wonderful CenterPlace is and he quoted some positive comments received from members of the public after attending this event. Mr. Cameron asked how much the City development fund contributed to this event, and Mr. Stebbins said he wasn't sure which fund this came from, but the City provided $50,000 originally, and then $20,000 in City funds and $30,000 in lodging tax revenues; and said he is asking for $10,000 more this year. To clarify, Finance Director Taylor said the funding came out of the Economic Development Department Professional Services Fund. There was discussion about paid and unpaid accommodations and mention from Mr. Cameron that his hotel can track Crave attendance in his hotel. Mr. Stebbins noted the figures are speculative based on past attendance, and said it is difficult to get exact figures as not every hotel tracks their customer's reasons for staying in their establishment; he also noted that there is a challenge in having an event on the calendar so it won't compete with other major events in the area; that the first year the event was held in June which ended up being hampered by rain; adding that decisions need to be made now for next July; he said also not having shuttles added to making it a challenging event. Mr. Stebbins noted getting chefs here was expensive as is social media; and said he worked with a third party to assist in the production of videos. 3. JAKT- $15,000 new event Farmers Market Mr. Stebbins remarked that a city this size should have a farmer's market, and he'd like to have one similar to the one held in Liberty Lake and Kendall Yards; said he admits people would likely not come specifically here for room nights for a farmer's market, but there is no other market in the area held on Friday nights; said he sees this as a community service, that getting the first one going is hard work, but he also doesn't want to be "upside down" financially. There was some discussion about vendors setting up and tearing down with Mr. Stebbins stating that the people who participate are apt at that as that is what they do; said there is no reason why this can't be like Kendall Yards but Mr. Cameron questioned his large attendance projection. The suggestion of having it perhaps in the field across from City Hall was mentioned but Mr. Stebbins said people like CenterPlace, they like the beauty of it and the waterfall; that the facility meets the objectives of the event; and that the empty field's use at this point is uncertain, so he'd like to focus on one spot. 4. JAKT- $20,000 Oktoberfest Mr. Stebbins said these funds will help in the infrastructure cost; that this event was held downtown two years ago, but was held at CenterPlace last year; said people who attended wanted an outside venue. The question came up about Mr. Stebbins' compensation for these events and he said he is not being compensated; that this is an investment in Spokane Valley; that there needs to be events to fill out the calendar in Spokane Valley, and that he is in it for the long haul. 5. Spokane County Fair & Expo Center - $60,000 for Interim Events Fair Coordinator Ms. Jessie Lehman said working for the County Fair& Expo Center is like planning all year for a ten-year party for 200,000 of your closest friends; said their establishment includes 97 acres located in Spokane Valley and they have been at their current location since 1952; she mentioned they are an enterprise fund which means they have to work hard to keep the doors open as they are not tax supported; she mentioned the success they have seen in the past with the Fair as well as stand-alone events such as the RV Show, Good Guys, and the antique show. LTAC Minutes October 18, 2018 Page 2 of 6 6. Spokane County Parks, Recreation and Golf - $75,000 Plantes Ferry Sports Complex Renovation. Park Planner and Landscape Architect Mr. Kristopher Krohn introduced himself and noted that Mr. Joel Blockman is also in the audience should there be questions for him; he mentioned the project would convert two existing grass soccer fields into synthetic turf fields, add LED lighting, pursue parking improvements and irrigation system enhancements, and add safety netting where needed; said this project would be done in phases, and he showed some figures concerning the estimated economic impacts. Mr. Cameron asked about the total cost to complete the renovation and Mr. Krohn said the estimate is $10 million over five to ten years to finish all phases, but the requested funding would cover the 30% completion and put them in a position to be very competitive for grants; he said they have not set aside any money yet from the County. At 10:00 a.m. Chair Wood called for a ten-minute recess. The meeting reconvened at 10:12 a.m. 7. Spokane Sports Commission - $200,000 Support their sports development/marketing program. Spokane Sports Commission President Mr. Eric Sawyer explained that this is a request for continued funding to maximize competitiveness in the regional sports scene; said a minimum of ten tournament quality softball fields are needed which would put us into the national tournament category, especially if the fields have artificial turf and lights; said he encourages the City to partner with the County to make that a reality, and not do it in phases, but rather get it done now and all at once; said his organization is a 501c3; and mentioned that 27% of all travel today is sports related, and it was only the travel segment that grew even during the great recession. Mr. Sawyer said you build it and they will come is a myth as it won't happen without being promoted, marketed or maintained. He mentioned several venues that he said are specific to valley impacts, like the golf courses at Liberty Lake, the sports at Mt. Spokane, and Plantes Ferry Park; said this year they had 30,000 hotel stays in the valley, which he said they can track which resulted in about $26 million in direct spending; and that there are already 20,000 hotel stays set for 2019; said his organization does 65-70 events a year with a staff of nine; they work closely with all sports groups; and said our region is on its way to becoming an amateur sports venue; that people come here for the incentives and are looking for sports commissions to generate the service they need in order for those events to be successful. Mr. Repetti asked about his budget on page 8 and why Spokane Valley is so much larger than the City of Spokane, and Mr. Sawyer explained that Spokane doesn't allocate lodging tax the way Spokane Valley Does as those funds in Spokane are transferred to the PFD (Public Facilities District). 8. Spokane Valley Heritage Museum - $28,500 Two New Exhibits and Museum Brochures Museum Director Jayne Singleton mentioned the two new exhibits referred to are (1) A Heritage of Sports: Baseball & BasketbaIl; and (2) Man on the Moon, the 50th Anniversary of Apollo 11; said there has been significant growth of the museum over the years; and that cultural heritage tourism is the fastest growing segment of the tourism industry; said they are drawing tourists into Spokane Valley and that people want to come and see what the museum has; mentioned their sign -in sheet which clearly documents why people come to the museum; and said aside from these two exhibits, they are also working on a genealogy tourism segment; and she introduced Mr. Don Gorman, Museum Board Member. Mr. Gorham said he has been giving museum tours for fourteen years and has seen a lot of people from almost every state as well as other countries like Canada, Germany, Japan, and Russia; said people also want to see where their ancestor's farm was and the museum directs them to that and has a map of the area; said at the end of the tour people usually want to know where there is a good place to eat that is close; and when they get people in who are staying at a hotel for a convention or other business, they generally ask what else is there to see and do here; and he mentioned that their Smithsonian display was particularly popular. Ms. Singleton stated that the museum has recently been mentioned in a noted travel publication as a place to visit; and said she looks forward to the committee members coming in to see the museum. 9. Valleyfest- $150,000 to Market and advertise throughout the Inland NW Region. Valleyfest Executive Director Ms. Peggy Doering, and Board Member Ms. Stephanie Hughes, thanked the committee for their support; said Valleyfest is funded through sponsorships, auctions, and grants like this; LTAC Minutes October 18, 2018 Page 3 of 6 that they are seeking funds to do marketing and advertising to a 500 -mile radius, to include the west side of the state and elsewhere; said last year their $18,000 grant was used to market events through social media; said they support the goals of Spokane Valley as stated in the application as well as Spokane Valley's Comprehensive Plan that states the City supports the arts, community events and relevant facilities; said they continue their growth and are part of the cultural identity of Spokane Valley; said over 10,000 people attend the parade and over 35,000 were at the event at CenterPlace including the events at Plantes Ferry Park; said the event included multiple booths and activities, and is free and open to the public and has a positive impact on our region. Ms. Hughes mentioned a new event this year was partnering with LiteFeet to bring a country swing dance competition; said they brought back the boat/bike/run triathlon; and she added that she and Ms. Doering are volunteers and they do this because of the love of the valley; adding that it can't be done without sponsors, and she mentioned several of the large, medium, and small sponsors. Mr. Cameron asked about tracking room nights this year and Ms. Doering said those nurnbers in the materials reflect 2017 numbers and the 2018 numbers are not completely compiled. Mr. Cameron also remarked that all the hotels are sensitive to and aware of the need to track room nights, and others have asked him to address this as they really don't see hotel nights for this festival, and Ms. Heinselman added that her hotel does not get any draw for Valleyfest. Ms. Doering said they conducted an exit survey in order to get some data; said she also placed Valleyfest information with the hotels; said people don't always include all purposes of their visit as some come under corporate accounts. Mr. Cameron said Valleyfest is ideal for the community but not for tourism; and the dates could be a problem since many people are just corning back from summer trips and schools are just starting. Chair Wood said that tourism is very important but hotel nights are not the only thing he looks at; said we want to develop local events as they feed the local economy, and said Council supports those things as well; said this is a fantastic function, is well run, that his family attends several days each year, and the event warrants some support. Ms. Heinselman asked if Ms. Doering has applied elsewhere for grants and Ms. Doering said they have applied through the Washington State Arts Commission, and the Economic Development Department of the City; said that grants for marketing are more difficult to achieve but they usually get perhaps $40,000 a year, which includes this and the City, and which she said is included in the budget line items in the material. 10. Valleyfest Cycle Celebration - $25,000 for Marketing Spokane Valley as a destination to cyclists Ms. Doering went over the project summary and history of the event, and in responding to comments about generated room nights, said in 2017 they had about 25-30 hotel nights from out of the area; said they advertised in a state-wide publication, and the goal is to attract a regional audience to stay the weekend of the event; and with the help of local bike shops, advertising will be distributed through the bike trade shows and the bike swap, as well as local advertising. Chair Wood asked about the competition in the race and Ms. Doering explained that this is a ride, and not a race; they try to make it like a big party, with beer and pizza afterwards. Mr. Repetti said maybe she could link this event with Crave's event and that it would be nice to see it partner with other events; that he imagines it would be challenging for people to travel just for a bike ride. Ms. Doering said they also give their information to Silverwood as people travel on the 190, and she places flyers with other events as well. 11. Visit Spokane - $200,000 Tourism Marketing Program for the City of Spokane Valley. Visit Spokane Interim President and CEO Mr. T.J. Hake, Director of Sales Ms. Ruth Fitzgerald, and Director of Marketing Mr. Jamie Rand went over their projects and promotions which included among others, new City of Spokane Valley brochure and map, and new video; said they are a regional organization and they market the entire county; said the funds they seek are specific to Spokane Valley and most if not all align with the strategies developed by CAI (Community Attributes, Inc.) and which are incorporated in Spokane Valley's Comprehensive Plan. Mr. Hake said they support Crave, Valleyfest, and many other events and they send people to hotels, which has resulted in over 90,000 room nights for approximately 40 groups, which also generated over $43 million in shopping, retail, restaurants, golf, etc.; he said that LTAC Minutes October 18, 2018 Pagc 4 of 6 although Spokane Valley doesn't have a golf course, golfers like to stay in Spokane Valley because it is a central location to many courses here and in Idaho. Mr. Rand went over a list of "What's New in 2018" and mentioned the Liberty Lake map included in the packet materials. After some brief discussion about room generations, Mr. Repetti disclosed that he is a Visit Spokane Board Member, but that he does not see that as a conflict; and he asked why are these other organizations seeking funding when Visit Spokane is supposed to be the organization that does that. Mr. Hake explained that each organization needs a marketing plan, and that Visit Spokane partners with them and will continue to do so. At 11:30 a.m., Ms. Taylor asked each committee member to complete their allocation form, to place their name on the form, that the figures should add up to $350,000; and once complete, to hand those back to her; and she asked that there please be no discussion until the meeting is reconvened. Chair Wood called for a ten-minute break. The meeting reconvened at 11:41 a.m. at which time Mr. Cameron made a last minute change in his recommended allocation. Ms. Taylor said she will enter the figures on the spreadsheet, and committee members may make changes if they desire. Each committee member then gave a brief explanation of their allocations. Mr. Cameron explained that in light of the presentation regarding Spokane County parks allocation, that he wanted to preface his comment that because they indicated the funds would barely cover the topography, map and some of the other pieces, said if they aren't going to be in a position to actually have funding from another source to make up the difference; said he feels we can meet at the pleasure of the Council as often as they feel it warranted for distribution of funds, that it doesn't have to be just once a year; he said he has served on three or four tax advisory committees and Mason County and others have met based on need; said he's wondering if it wouldn't be appropriate, and said he thinks he'd like to move; at which point City Clerk Bainbridge politely interrupted with a question for City Attorney Driskell. She explained that it is her understanding that since this committee does not have a regular meeting schedule, when it meets it is considered a special meeting, and it was noted as such; and because it's a special meeting and there's no motion on the agenda, is it permissible to make such a motion. City Attorney Driskell said that for a motion of that nature which is completely different from anything advertised, that he would be concerned that such motion would be beyond the scope of what was advertised; but if this committee wanted to consider that in the future, or Council wanted to consider that in the future, that could be a topic of discussion; and that the motion earlier in the meeting related to the allocations, but this would be a separate issue, about coming up with an alternative schedule, and that this should be a discussion for another day, with proper notice. Mr. Cameron said he would make his recommendation to the Council as it would probably be more appropriate that it come from the Council; and said he would recommend to the Council, and hopefully the other committee members would agree, that if its determined with further study that $35,000 will be given to Spokane County Parks but they can't move the project forward without additional funding, said he would hate to see the City of Spokane Valley's $35,000 just sitting there until other funds are available, so if this isn't going to move forward in a relatively speedy fashion, then he'd recommend that the Council consider a motion to withhold the $35,000 and put it back in the bank, if they can't give us some assurance that they can get some additional funding. Ms. Taylor said if Spokane County were to indicate they can't use just $35,000 as they have no additional money to complete the project, assuming that is the final award the Council would determine, that once awards are finalized, staff goes through with the applicants and get signed contracts, and all the funds that are disbursed are done so on a reimbursement basis; if they didn't spend it, we would never give it to them. Mr. Cameron said his concern is that they could spend the $35,000, but it wouldn't get what they indicated they needed so it wouldn't complete the request or the mission. Ms. Taylor said if they were to say that, and she mentioned we have had applicants in the past turn down contracts after the awards have been made, for the reason that they couldn't complete the scope of the LTAC Minutes October 18, 2018 Page 5 of 6 project as noted in their application, and they declined the contract and the money stayed in our fund which then goes into those reserve fund balances that would be considered for allocation in the next award cycle. It was then moved by Lee Cameron and seconded to accept the funding averages as shown in the amounts recommended column. Mr. Repetti said he shares Mr. Cameron's concern on Spokane County Parks, said this committee is allocating funds that he would strongly suggest need to be matched to get to the required amount, by other public entities; said he doesn't think it is inappropriate for this committee to have that conversation with Council, and acknowledged that he doesn't know how that would work legally, but said no one on this committee is comfortable with just throwing that $35,000 to getting something half way; said he is strongly in favor of moving forward on the design, he just wants others to be part of the funding source; and said he wants to make sure that Council is well aware of his, and perhaps Mr. Cameron's preference that the $35,000 doesn't just get expended; that it's not an issue of the Parks Commission not accepting the contract, but part of the contract needs to be that they have attained enough funding to get to the point where they described in their submission; and said he is unsure how to vote on this without that caveat on the money amount. City Attorney Driskell said that is something that would be communicated from staff to Council; and perhaps given this commitment by the LTAC, that Spokane County would look at that and recognize that if Spokane Valley is making an investment, they can come up with the rest of the money, which he said is of course, unknown at this point, and hopefully we will get more clarity on that and hopefully that will be part of the consideration of Spokane County as to whether they accept. Ms. Taylor also noted that the minutes from this meeting will be provided to Council when she gives her presentation to them on this recap of allocations. Chair Wood asked for clarification, that if Spokane County can't come up with the rest of the funds, then would that $35,000 come back to this committee; and Ms. Taylor said unless we have another award cycle where we open the process again to applicants, those funds would go back to the fund balance for next year's award process. Vote by a show of hands on the motion to accept the funding averages as shown in the amounts recommended column: In favor: Unanimous. Opposed: None. Motion carried. [Those amounts recommended include: (1) The Hub $52,000; (2) JAKT-Crave $21,500; (3) JAKT Farmers Market $7,000; (4) JAKT Oktoberfest $5,000; (5) Spokane County Fair & Expo Center $55,000; (6) Spokane County Parks, Rec & Golf $35,000; (7) Spokane Sports Commission $108,000; (8) Spokane Valley Heritage Museum $5,500; (9) Valleyfest $12,000; (10) Valleyfest Cycle Celebration $1,000; and (11) Visit Spokane $48,000. Grand Total: $350,000] It was moved by Mr. Repetti, seconded and unanimously agreed to adjourn. The meeting adjourned at 12:14 p.m. Respectfully submitted, Chris Bainbridge, City Clerk LTAC Minutes October 18, 2018 Page 6 of 6 CITY OF SPOKANE VALLEY, WA Hotel/Mote[ Tax Receipts through - August Actual for the years 2009 through 2018 January February March April May June July August Total Collections P: 1FinanceTinance Activity Reports\Tax Revenue\Lodging Tax120181105 hotel motel tax 2018.xlsx 2009 1 2010 f 2011 1 2012 1 2013 1 2014 1 2015 J 2016 2017 1 2016 10/8/2018 2018 to 2017 Difference % 23,280 22,707 22,212 21,442 24,185 25,425 27,092 31,887 27,210 28,752 1,542 5.67% 23,284 23,417 22,792 21,549 25,975 26,014 27,111 27,773 26,795 28;876 2,083 7.77% 25,272 24,232 24,611 25,655 27,739 29,384 32,998 34,330 31,601 31,906 305 0.97% 36,254 39,463 38,230 52,130 40,979 48,246 50,455 52,551 52,242 57,664 5,422 10.35% 32,589 34,683 33,791 37,476 40,560 41,123 44,283 50,230 50,112 51,777 1,665 3.32% 40,415 39,935 41,403 43,971 47,650 52,618 56,975 55,060 60,637 62,048 1,411 2.33% 43,950 47,385 49,312 52,819 56,157 61,514 61,809 55,007 69,337 71,865 2,528 3.65% 50,147 54,923 57,452 57,229 63,615 70,384 72,697 73,700 76,972 79,368 2,396 3.11% 275,190 286,747 289,804 312,273 327,262 354,707 373,420 390,538 394,906 412,258 17,352 4.39% September 50,818 59,419 58,908 64,299 70,794 76,100 74,051 70,305 80,173 0 October 36784 41,272 39,026 43,699 43,836 45,604 49,883 55,660 56,531 0 November 34,055 34,330 37,339 39,301 42,542 39,600 42,376 46,393 47,090 0 December 27,131 25,777 32,523 30,432 34,238 33,256 41,510 33,478 37,180 0 Total Collections 423,978 448,545 457,603 490,004 518,672 549,267 581,237 596,374 615,980 412,256 Budget Estimate 512,000 380,000 480,000 430,000 490,000 530,000 550,000 580,000 580,000 580,000 Actual over (under) budg (88,022) 68,545 (22,397) 60,004 28,672 19,267 31,237 16,374 35,980 (167,742) Total actual collections as a % of total budget 82.81% 118.04% 95.33% 113.95% 105.8519 103.64% 105.68%° 102.82% 106.20% nla change in annual total collected (9.23%) 5.79% 2.02% 7.08% 5.85% 5.90% 5.82% 2.60% 3.29% n/a % of budget collected through August 53.75% 75.46% 60.38% 72.62% 66.79% 66.93% 67.89% 67.33% 68.09% 71.08% % of actual total collected through August 64.91% 63.93% 63.33% 63.73% 63.10% 64.56% 64.25% 65.49% 64.11% n!a Chart Reflecting History of Collections through the Month of August August 450,000 400,000 a August 350,000 300,000 ■duly ■ June 250,00{) • May 200,300MI ® ■April 000 ®Ell a March • February 100,000 150,000 = - aJanuary 0 2009 2310 2011 2012 2013 2014 , 2015 2015 2017 2018 Page 21 P:\Finance\2019 Budget\Budget Worksheets\105 Rev and exp.xlsx CITY OF SPOKANE VALLEY, WA 2018 Budget Amendment and 2019 Budget Fund #105 - Hotel/Motel Tax Fund - Actuals for 2014 through 2017 - 2018 and 2019 Budgets Revenues Hotel/Motel Tax Investment Interest Subtotal revenues Actual 2014 1 2015 2016 2017 2018 As Adopted As Amended 10/9/2018 2019 Budget 549,268 581,237 596,373 615,980 580,000 580,000 600.000 299 484 1,275 3,549 1,000 1,000 2,000 549,567 581,721 597,648 619,529 581,000 581,000 602,000 Expenditures Transfers out - #001 CenterPlace 30,000 30,000 30,000 15,778 30,000 30,000 30,000 Transfers out - #104 0 0 0 250,000 0 250,000 0 Transfers out - #309 Parks Capital 0 68,000 58,388 0 0 0 0 Tourism Promotion 546,545 484,968 498,172 351,674 572,000 - 322,000 625,000 Subtotal expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance 576,545 582,968 586,560 617,452 602,000 602,000 655,000 (26,978) (1,247) 11,088 2,077 (21,000) (21,000) (53,000) 236,927 209,949 208,702 219,790 221,867 - 221,867 200,867 209,949- 208,702> 219,790-1-221,867/ ` 200,867 200,867/ 147,867 2018 Awards by Agency 1 HUB Sports Center Spokane County Fair & Expo - marketing Oktoberfest Crave NW Spokane Regional Sports Commission Spokane Valley Heritage Museum Valleyfest - marketing Valleyfest - Cycle Celebration Visit Spokane 48,400 50,000 10,000 30,000 80,000 13.000 18,600 2,000 70,000 --► 322,000 for LTAC P:\Finance\2019 Budget\Budget Worksheets\Lodging Tax\Lodging Tax Award History 03-18.xlsx CITY OF SPOKANE VALLEY, WA Lodging Tax Application I Award History For the years 2003 through 2018 AGENCIES 2003 2004 2005 2005 2007 Application J Award ApplicationI Award Application 1 Award Application 1 Award 07 Apply 07 Award Sprg 07 AppbSorg 07 Awe) Armed Forces & Aerospace Museum 3,327 0 2,531 0 0 0 0 0 0 0 0 0 Burke Marketing 0 0 0 0 0 0 0 0 0 0 147,500 0 CenterPlaee- marketing 0 0 0 40,000 0 0 0 40,000 0 40,000 0 0 CenterPlaoe - marketing to regional meeting planners 0 0 0 0 0 0 D 0 0 0 0 0 City of Spokane Valley - Volleyball courts 0 0 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Directed Marketing 0 0 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley - Tourism Study 0 0 0 0 0 0 0 0 0 0 0 0 Chamber of Commerce 0 0 0 0 15,440 0 15,440 5,000 50,000 50,000 50,000 50,000 Crave NW 0 0 0 0 0 0 0 0 0 0 0 0 Evergreen Regional Volleybatt Court Expansion 0 0 0 0 0 0 0 0 0 0 0 0 Fair & Expo Marketing 58,376 17,500 35,000 25,000 21,000 16,000 0 0 20,000 20,000 0 0 Fairgrounds 0 0 21,003 15,000 0 0 0 0 0 0 o a Family Guide 0 0 0 0 0 0 0 0 0 0 0 0 Friends of Centennial Trail 23,480 0 2,000 2,000 0 0 9,000 0 0 0 0 0 HUB Sports Center 0 0 0 0 0 0 0 0 0 0 0 0 Inland Dance Association 0 0 0 0 0 0 2,535 0 0 0 2,535 D Inland NW Sr. Wellness Conference 12,500 0 0 0 0 0 0 0 0 0 0 0 Latah Creek Wine Cellars 20,000 0 0 0 0 0 0 0 0 0 0 3 Liberty Lake Rotary Club 0 0 0 0 0 0 0 0 0 0 0 0 Plantes Ferry Park 0 0 71,842 20,000 0 0 23,676 0 30,000 0 0 0 Six Bridges Arts Association 0 0 0 0 0 0 0 0 15,000 12,500 0 0 Splash -Down Family Waterpark 230,000 0 0 0 0 0 0 0 0 0 0 0 Spo Con 0 D 0 0 0 0 0 0 0 0 0 3 Spokane Arts Commission 15,000 0 0 0 0 0 0 0 0 0 D 0 Spokane County Fair & Expo Center 0 0 0 0 0 0 0 0 0 0 0 0 Spokane County Fair & Expo Center- Winter Glow Spa 0 0 0 0 0 0 0 0 0 D 0 0 Spokane Horse Breeders of Inland NW 5,830 0 0 0 0 0 0 0 0 0 0 0 Spokane Oktoberfest 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Polo Club 30,100 0 0 0 0 0 0 0 0 0 0 0 Spokane Regieaa$ Sports Commission 120,000 52,200 150,000 100,000 100,000 75,000 100,000 84,000 100,000 100,000 0 0 Spokane River Forum 0 0 0 0 0 0 0 0 D 0 0 0 Spokane Symphony 20,000 0 20,000 0 0 0 0 0 0 0 0 0 Spokane Valley Heritage Museum 40,000 1,000 0 0 22,100 10,000 49,104 5,000 27450 10,000 0 0 Spokane Valley Soccer Club 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Winery Association 3,285 0 8,250 2,000 0 0 D 0 0 0 7,500 7,500 Sports USA Sports Complex 103,000 0 0 0 0 0 0 0 0 0 0 0 SV Junior Soccer Association 96,642 24,800 71,842 0 0 0 4,000 4,000 0 0 17,000 30,300 U.S. Figure Skating 0 0 0 0 0 0 0 0 0 0 0 0 Valleyfest 19,724 2,800 49,700 0 27,200 15,000 25,900 15,000 30,000 25,000 5,000 5,000 Valleyfest (additional for Spring 07 (for float) 0 0 0 0 0 0 0 0 0 0 6,000 D Valleyfest - Cycle Celebration 0 0 0 0 3 0 0 0 0 0 0 0 Visit Spokane (Spokano Visitor Convention Bureau) 200,000 83,700 250,000 150,000 200,000 136,000 200,000 165,000 175,000 175,000 78,000 78,000 WabMaker 39,000 0 0 0 0 0 0 0 0 0 0 0 YMCA 59,000 18,000 12,000 6,000 12,000 6,000 17,000 7,000 D 0 0 0 YMCA Skateboard Park 0 18,000 0 0 0 0 0 0 0 0 0 0 Transfer out to Fund 4104 0 0 D 0 0 0 0 0 0 0 0 0 Total 1,090,264 218,000 694,155 350,000 397,740 260,000 448,855 325,000 447,450 432,500 313,535 170,800 Page 1 of 4 P:\Finance\2019 Budget \Budget Worksheets\Lodging Tax\Lodging Tax Award History 03-18.xtsx CITY OF SPOKANE VALLEY, WA Lodging Tax Application ! Award History For the years 2003 through 2018 AGENCIES 2008 2009 2010 2011 2012 Application 1 Award Application 1 Award Application I Award Application 1 Award Rnd 1 App j Rnd 1 Awrd Rnd 2 App 1 Rnd 2 Awrd Armed Forces & Aerospace Museum 0 0 0 0 0 0 0 0 0 0 0 0 Burke Marketing 0 0 0 0 0 0 0 0 0 0 0 0 CenterPlace-marketing 90,000 90,000 0 90,000 0 37,500 0 0 0 30,000 0 0 CenterPlace - marketing to regional meeting planners 0 0 0 0 0 D 0 0 0 0 0 0 City of Spokane Valley - Volleyball courts 0 0 0 0 0 0 D 0 0 0 0 0 City of Spokane Valley - Directed Marketing 0 0 0 0 0 0 D 0 0 0 0 0 City of Spokane Valley - Tourism Study 0 0 0 0 0 0 0 0 0 0 0 0 Chamber of Commerce 155,000 0 0 0 0 0 0 0 0 0 D 0 Crave NW 0 0 0 0 0 0 0 0 0 0 0 0 Evergreen Regional Volleyball Court Expansion 0 0 0 0 0 0 0 0 0 0 0 0 Fair & Expo Marketing 30,000 30,000 30,000 18,250 0 0 0 0 0 0 0 0 Fairgrounds 0 0 0 0 0 0 0 0 0 0 0 0 Family Guide 0 0 0 0 0 0 0 0 0 0 0 0 Friends of Centennial Trail 0 0 0 0 0 0 0 0 0 0 0 0 HUB Sports Center 0 0 0 D 0 0 40,000 40,000 50,000 42,60D 0 0 Inland Dance Association 0 0 D 0 0 0 0 0 0 0 0 0 Inland NW Sr. Wellness Conference 0 0 0 0 0 0 0 0 0 0 0 0 Latah Creek Wine Cellars 0 0 0 0 0 0 0 0 0 0 0 0 Liberty Lake Rotary Club 0 D 0 0 0 0 0 0 0 0 5,000 0 Plantes Ferry Park 0 D 0 0 0 0 0 0 0 0 0 0 Six Bridges Arts Association 0 0 0 0 0 0 0 0 0 0 0 0 Splash -Down Family Waterpark 0 0 0 0 0 0 0 0 0 0 0 0 Spo Con 0 0 0 0 0 0 0 0 70,131 0 0 0 Spokane Arts Commission 0 0 0 0 0 0 0 0 0 0 50,000 0 Spokane County Fair & Expo Center 0 0 0 0 0 0 0 0 0 0 30,000 25,900 Spokane County Fair & Expo Center - W nter Glow Spm 0 0 0 0 0 D 0 0 0 0 0 0 Spokane Horse Breeders of Inland NW 3 0 0 0 0 0 0 0 0 0 0 0 Spokane Cktoberfest 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Polo Club 0 0 0 D 0 0 0 0 0 0 0 0 Spokane Rcgion-4Sports Commission 175,000 145,000 190,000 115,000 150,000 120,000 155,000 165,000 200,000 185,000 0 0 Spokane River Forum 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Symphony 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Valley Heritage Museum 0 0 30,260 3,250 11,600 5,000 5,000 5,000 5,000 3,900 5,000 1,100 Spokane Valley Soccer Club 0 0 0 0 0 0 0 0 0 0 25,000 0 Spokane Winery Association 8,300 8,300 9,000 0 0 0 0 0 0 0 0 0 Sports USA Sports Complex 0 0 0 0 0 0 0 0 0 0 0 0 SV Junior Soccer Association 0 0 0 0 0 0 0 0 0 0 0 0 U.S. Figure Skating 0 15,000 0 15,000 0 D 0 0 0 0 0 0 Valleyfest 40,000 30,000 50,000 27,500 50,030 30,000 50,000 36,000 50,000 0 50,000 30,000 Valleyfest (additional for Spring 07 (for float) 0 0 0 0 0 0 0 0 0 0 0 0 Valleyfest - Cycle Celebration 0 0 0 0 0 0 0 0 0 0 0 0 Visit Spokane (Spokane -Visitor Convention Bureau) 325,000 306,000 336,000 236,000 275,000 195,000 250,000 250,000 0 0 275,000 251,720 WebMaker 0 0 0 3 0 0 0 D 0 0 0 0 YMCA 0 0 0 0 0 0 0 0 0 0 0 0 YMCA Skateboard Park 0 0 0 0 0 0 0 0 0 0 0 0 Transfer out to Fund ##104 0 0 0 0 0 0 0 0 0 0 0 0 Total 823,300 624,300 645,260 505,000 486,600 387,500 510,000 496,000 375,131 261.500 440,000 308,720 Page 2 of P:\Finance\2019 Budget\Sudget Worksheets\LodgingTax\Lodging Tax Award History 03-16.xlsx CITY OF SPOKANE VALLEY, WA Lodging Tax Application 1 Award History For the years 2003 through 2018 AGENCIES 2013 2014 2015 2016 2017 2016 Application I Award Application 1 Award Application 1 Award Application 1 Award Application 1 Award Application 1 Award Armed Forces & Aerospace Museum 0 0 0 0 0 0 0 0 0 0 0 0 Burke Marketing 0 0 0 0 0 0 0 0 0 0 0 0 CenterPlace-marketing 0 30,000 0 30,000 0 30,000 0 30,000 0 30,000 0 30,000 CenterPlace - marketing 10 regional meeting planners 0 0 0 0 30,000 17,000 0 0 0 0 0 0 City of Spokane Valley -Volleyball courts 0 0 0 0 120,000 68,000 160,000 60,650 233,508 0 238,000 0 City of Spokane Valley - Directed Marketing 0 55,000 0 0 0 0 0 0 0 0 0 0 City of Spokane Valley -Tourism Study 0 0 0 0 0 0 85,750 80,000 0 0 0 0 Chamber of Commerce 0 0 0 0 0 0 D 0 0 0 0 0 Crave NW 0 0 0 0 0 0 0 0 0 0 50,000 30,000 Evergreen Regional Volleyball Court Expansion 0 0 7,500 7,300 0 0 0 0 0 0 0 0 Fair & Expo Marketing 0 0 0 0 0 0 0 0 0 0 0 0 Fairgrounds 0 0 0 0 0 0 0 0 0 0 0 0 Family Guide 0 0 0 0 0 0 0 0 35,000 0 0 D Friends of Centennial Trail 0 0 6,600 0 0 0 0 0 0 0 0 0 HUB Sports Center 50,000 21,100 40,000 36,000 40,000 40,000 40,000 40,000 40,000 40,000 54,000 48,400 Inland Dance Association 0 0 0 0 0 0 0 0 0 0 0 0 Inland NW Sr. Wellness Conference 0 0 0 0 0 0 0 0 0 0 0 0 Latah Creek vine Cellars 0 0 0 0 0 0 0 0 0 0 0 0 Liberty Lake Rotary Club 0 0 5,000 0 0 0 0 0 0 0 D 0 Plantes Ferry Park 0 0 0 0 0 0 0 0 0 0 0 0 Six Bridges Arts Association 0 0 0 0 0 0 0 0 0 D 0 0 Splash -Down Family Waterpark 0 0 0 0 0 0 0 0 0 0 0 0 Soo Can 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Arts Commission 0 0 0 0 0 0 0 0 0 0 0 0 Spokane County Fair & Expo Center 30,000 27,800 50,000 39,600 44,000 44,000 100,000 45,000 60,000 47,000 60,000 50,000 Spokane County Fair & Expo Center- Winter Glow Spa 0 0 0 0 0 0 0 0 20,000 2,170 0 0 Spokane Horse Breeders of Inland NW 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Oktoberfest 0 0 0 0 0 0 D 0 0 0 20,000 10,000 Spokane Polo Club 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Regia9a1Sports Commission 200,000 150,200 200,000 183,800 200,000 120,000 200,000 121,800 200,000 115,600 200,000 50,000 Spokane River Forum 0 0 0 0 1,000 1,000 0 0 0 0 0 0 Spokane Symphony 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Valley Heritage Museum 12,000 6,400 20,000 13,100 28,209 18,400 35,800 17,200 27,500 9,500 25,000 13,000 Spokane Valley Soccer Club 0 0 0 0 0 0 0 0 0 0 0 0 Spokane Winery Association 0 0 0 0 0 0 0 0 0 0 0 0 Sports USA Sports Complex 0 0 D 0 0 0 0 0 0 0 0 0 SV Junior Soccer Association 0 0 0 0 0 0 0 0 0 0 0 0 U.S. Figure Skating 0 0 0 0 0 0 0 0 0 0 0 0 Valleyfest 50,000 35,200 50,000 20,000 64,000 31,600 60,000 28,900 150,000 31,600 150,000 18,600 Valleyfest (additional for Spring 07 (for float) 0 0 0 0 0 0 0 0 0 0 0 0 Vaileyfest- CycleCelebration 0 0 0 0 0 0 10,000 3,000 25,000 5,000 25,000 2,000 Visit Spokane Vicitor Convontion BIAC000 350,000 184,800 280,000 247,000 328,430 230,000 253,777 163,650 282,830 103,130 282,830 70,000 (Spokane WebMaker 0 0 0 0 0 0 0 0 0 0 0 0 YMCA 0 0 0 0 0 0 0 0 0 0 0 0 YMCA Skateboard Park 0 0 0 0 0 0 D 0 0 0 0 0 Transfer out to Fund #104 0 0 0 0 0 0 0 0 0 250,000 0 250,000 Total 692,000 510,500 659,100 577,000 855,639 600,000 946,327 590,000 1,073,838 634,000 1,104,830 502.00D Page 3 of 4 CITY OF SPOKANE VALLEY, WA Lodging Tax Application / Award History For the years 2003 through 2018 P:\Finance\2019 Budget\Budget Worksheets \ Lodging Tax\ Lodging Tax Award History 03-18.xlsx 5/18/2018 Page 4 of 4 Total AGENCIES Application 11 Award Armed Forces & Aerospace Museum 5,858 0 Bunce Marketing 147,500 0 CenterPlace - marketing 90,000 547,500 CenterPlace- markettingto regional meeting planners 30,000 17,000 City of Spokane Valley- Volleyball courts 751,508 128,650 City of Spokane Valley - Directed Marketing 0 55,000 City of Spokane Valley -Tourism Study 66,750 80,000 Chamber of Commerce 285,880 105,000 Crave NW 50,000 30,000 Evergreen Regional Volleyball Court Expansion 7,500 7,300 Fair & Expo Marketing 194,376 128,750 Fairgrounds 21,000 15,000 Family Guide 35,000 0 Friends of Centennial Trail 41,080 2,000 HUB Sports Center 354,000 308,100 Inland Dance Association 5,070 0 Inland NW Sr. Wellness Conference 12,500 0 Latah Creek Wine Cellars 20,000 0 Liberty Lake Rotary Club 10,000 0 Plantes Ferry Park 125,718 20,000 Six Bridges Arts Association 15,000 12,500 Splash -Down Family Waterpark 230,000 0 Spo Con 70,131 0 Spokane Arts Commission 65,000 0 Spokane County Fair & Expo Center 374,000 279,500 Spokane County Fair & Expo Center - Winter Glow Spe 20,000 2,170 Spokane Horse Breeders of Inland NW 5,830 0 Spokane Oktoberfest 20,000 10,000 Spokane Polo Club 30,100 0 Spokane Regional Sports Commission 2,650,000 1,912,400 Spokane River Forum 1,000 1,000 Spokane Symphony 40,000 0 Spokane Valley Heritage Museum 344,023 121,850 Spokane Valley Soccer Club 25,000 0 Spokane Winery Association 36,335 17,800 Sports USA Sports Complex 103.000 0 SV Junior Soccer Association 189,484 59,100 U.S. Figure Skating 0 30,000 Valleyfest 971,524 382,200 Valleyfest (additional for Spring 07 (for float) 6,000 0 Valleyfest - Cycle Celebration 60,000 10,000 Visitor Convention Suroou) 4,341,867 3,025,000 Visit Spokane (Spokane WebMaker 39,000 0 YMCA 91,000 37,000 YMCA Skateboard Park 0 18,000 Transfer out to Fund #104 0 500,000 Total 12.002,034 7,862,820 Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 6, 2018 Item: Check all that apply: ❑ consent ❑ information Department Director Approval: ❑ old business ❑ new business ❑ public hearing ® admin. report ❑ pending legislation AGENDA ITEM TITLE: 2019 Legislative Agenda GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: Council discussed a first draft of the 2019 Legislative Agenda at the August 28, 2018 Council meeting. The changes reflected in the attached updated draft reflect a combination of Council's requested changes on August 28th as well as updates to language in some items that had been previously discussed, and the addition of other items for Council consideration. BACKGROUND: This is Council's second opportunity to discuss potential topics for the 2019 Legislative Agenda. Our proposed legislative calendar is as follows: • August 28, 2018 - Administrative Report and Council discussion (first touch). • November 6, 2018 - Administrative Report and Council discussion (second touch). • November 13, 2018 - Council motion to formally approve the 2019 Legislative Agenda • December 2018 - Council meets w/ legislative delegation to discuss 2019 Legislative Agenda. • January 2019 — Legislative session begins. OPTIONS: For discussion only. RECOMMENDED ACTION OR MOTION: No action is requested this evening. Staff will return with a motion consideration for the November 13, 2018, Council meeting, seeking approval of the 2019 Legislative Agenda . BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mark Calhoun, City Manager; Cary Driskell, City Attorney ATTACHMENTS: • Draft 2019 Legislative Agenda: clean and in track -change format P: I City ClerklAgendaPackets for Web 1201812018, 11-061Item 9 Legislative Agenda vl redline.docx DRAFT CITY OF SPOKANE VALLEY 2019 LEGISLATIVE AGENDA DRAFT Transportation Funding Request: Bridging the Valley The City of Spokane Valley continues to make headway on the multi -phase Bridging the Valley project to replace three at -grade crossings that bi-sect north/south commerce in the City. With the state's assistance on the Phase 1 Barker Road Grade Separation Project in the 2017-2019 budget, the City is making significant progress to improve the safety and economic competitiveness of our community. The City was successful in securing the only 2017 federal TIGER grant in the State of Washington, and those grant funds were applied to the Barker Road Grade Separation Project. Engineering design is underway and construction is programmed for 2020. Phase 2: Pines Road / BNSF Grade Separation Project The City of Spokane Valley respectfully requests that the state match its 2017-2019 investment in the Bridging the Valley project by allocating an additional $2.95 million to the Pines Road/BNSF Grade Separation project. Pines Road is one of the region's key transportation corridors, carrying both private and commercial/industrial traffic from Trent Avenue (SR 290) across the Spokane River to I-90 and commercial areas south of the I-90 freeway. In 2018, the Freight Management Strategic Investment Board (FMSIB) rated this at -grade crossing as the highest ranked unfunded Tier 1 rail crossing in the State of Washington out of 4,171 at -grade crossings, which rat were evaluated based upon freight mobility and safety.FMSIB has prioritized this project as one of the state's top Tier 1 road/rail conflicts. On average, 58 BNSF Railway Co. (BNSF) freight trains and two AMTRAK passenger trains travel through the Pines/BNSF Railway crossing each day, blocking traffic movements for nearly 3.5 hours. Vehicle delay is expected to increase with the addition of a second mainline BNSF track at Pines Road in 2019. In addition, about 34,000 vehicles pass through the adjacent Pines/Trent intersection, including freight from Canada and northern Idaho. The average daily traffic volume on Pines Road is more than double the vehicles of the funded Barker Road project. Pines Road is also the primary access to almost 230 acres of undeveloped mixed-use, commercial and industrial land. Total project cost is estimated at $29 million, and the City has secured $3.2$2,4 million in local funds. The City currently has fourte pending federal grant requests including federal applications for BUILD, -ate both rounds of CRISI, as well as a grant request from the Spokane Regional Transportation Council (SRTC)for a total of $21.7 million;. State funding in the amount of $2.92,5 million in state funding will demonstrate the state's continued partnership and enhance the likelihood of being awarded the City's federal funding requests. Browns Park Capital Budget Request The City of Spokane Valley respectfully requests that the Legislature make an allocation of $817,520,000 from the Capital Budget to match the City's 2019 investment of $1.16 million. Browns Park is being converted from an under-utilized neighborhood park to a multipurpose park venue that meets the contemporary needs of our residents, including a 16 court sand volleyball facility capable of hosting large regional events. TThe City has constructed eights volleyball courts, a splash pad and a basketball court tebetween 2014 and 2016 date at a total cost of $447,500, and constructed an additional eightg volleyball courts in 2018 at a cost of with $176,000funds already allocated to construct the remaining eight courts in late 2018. The requested allocation would help pay for -the installation of a new playground, a new restroom facility, and a neighborhood picnic shelters, playground, storage building, parking lot improvements and a lighted path around and through the facility. Defend Local Control Page l3 P: I City ClerklAgendaPackets for Web 1201812018, 11-061Item 9 Legislative Agenda vl redline.docx The City of Spokane Valley incorporated in 2003 as a direct result of the desire of our citizens to have substantial local control of decision-making that impacts our area. A foundational belief for the Council and the citizens they represent is that the most effective important level of government is the one closest to the people, which is the city form of government. As such, the Council urges the Legislature to respect local decision-making wherever appropriate, and not infringe into those areas that have traditionally been up to elected city officials. Protect the Local State -Shared Revenues The City of Spokane Valley requests that the Legislature preserve and restore local state -shared revenues. These funds include the Liquor Excise Tax Account ($458,560 in 2017), Liquor Board Profits ($794,980 in 2017), Municipal Criminal Justice Assistance Account ($481,758 in 2017), City -County Assistance Account and Marijuana Revenues ($75,312 in 2017). Specifically, the City supports legislation that removes the 2011 cap on Liquor Profit revenues to restore the historical 50/50 revenue sharing relationship between the state and local governments. The City is home to many warehouses and manufacturing facilities. As a result, the City has received over $500,000 each year in streamlined sales tax mitigation payments to compensate the City for financial losses when the state switched to a destination -based sales tax system. With the U.S. Supreme Court's Wayfair decision, and state passage of the Marketplace Fairness Act, the Legislature will suspend streamlined sales tax mitigation payments in the 2019-21 biennium. Further, the Department of Revenue will be reporting to the Legislature on expected revenue gains from implementation of the Marketplace Fairness Act and whether they are equal to or in excess of revenue losses to cities. The City requests that cities receiving SST mitigation are made whole through this transition. The City of Spokane Valley supports full funding for municipal indigent defense services. In 2013, the Washington Supreme Court set new caseload standards for the number of cases a public defender can represent in a calendar year. This has increased the annual cost of providing indigent defense services by $71,521 or 11.4%. The City supports policy and fiscal changes to mitigate these ongoing obligations. Protect Businesses by Reforming State Regulatory Burden The City of Spokane Valley strongly supports businesses small and large, in our City and across the state, because they are the lifeblood of our economy. Unfortunately, these businesses are forced to compete in a state regulatory environment that is increasingly burdensome, making it difficult to compete with businesses in neighboring states. Of most urgent concern is the regressive state business & occupation tax, with the current Labor & Industries program close behind, and both needing significant reform before they do irreparable damage to commerce in Washington. The City supports rebalancing the state-wide regulatory framework to encourage and support business development and retention. Support Continued Prohibition of Recreational Marijuana Home Growing and Retention of Local Authority The City of Spokane Valley supports the continued prohibition on home growing of recreational marijuana. Allowing home growing of recreational marijuana will unnecessarily increase youth access, illegal diversion, and criminal activity related to marijuana. Neither the State nor local cities have sufficient resources to adequately enforce home growing. Allowing home growing will place an additional and unnecessary cost burden on local cities that primarily have to deal with the impacts from legalized marijuana. By allowing home growing, the State will also weaken the still -growing commercial marijuana market. Regardless of the action taken by the State, the City supports retention of local land use, building, fire, and other public health and safety regulatory authority, up to and including local authority to enact marijuana growing prohibitions. The City strongly believes that local cities must not be punished for exercising their authority by having State funds withheld. Page 223 P: (City Clerk\AgendaPackets for Web1201812018, 11-061Item 9 Legislative Agenda vl redline.docx Condominium Liability Reform The City of Spokane Valley supports legislation that incentivizes the construction of condominiums by reducing the liability developers incur for construction defects, while simultaneously continuing to balance consumer protection provisions. Under the current liability laws, developers are incentivized to construct apartments, rather than condominiums, resulting in fewer options for home buyers to enter the real estate market. Reducing the liability for developers will increase housing choices in communities throughout the state. Increased funding for the Basic Law Enforcement Academy The City of Spokane Valley supports increased funding and other solutions to ensure newly hired officers are able to complete training in a timely manner through the Basic Law Enforcement Academy (BLEA) at the Criminal Justice Training Commission in a timely manner. At current funding levels, the Criminal Justice Training Commission has a backlog of officers awaiting training. State law requires that officers be trained within six months of hire. The current backlog exceeds this statutory timeline. This results in law enforcement agencies throughout the state hiring new officers, and then keeping them on staff for up to six months, but unable to perform police work until their training is complete. Prevailing Wa2e Calculations The City of Spokane Valley respectfully requests that Chapter 248, Laws of 2018 (adopted through SSB 5493) relating to application of collective bargaining agreements to calculating prevailing wage by the Department of Labor & Industries, be either revised or repealed. The effect of these changes has been to triple the cost of certain workers on public projects. The City has applied for and received a number of grants for projects requiring such work, and now will not have sufficient funds with which to do these projects. The City will have to either abandon these valuable projects, or attempt to find additional funds from ever -dwindling funds. This new calculation takes into account improper tasks in determining the prevailing wage, driving the prevailing wage far beyond what is appropriate or reasonable for such work. The City supports AWC legislative agenda items that serve the best interests of Spokane Valley. Page 33 DRAFT CITY OF SPOKANE VALLEY 2019 LEGISLATIVE AGENDA DRAFT Transportation Funding Request: Bridging the Valley The City of Spokane Valley continues to make headway on the multi -phase Bridging the Valley project to replace three at -grade crossings that bi-sect north/south commerce in the City. With the State's assistance on the Phase 1 Barker Road Grade Separation Project in the 2017-2019 budget, the City is making significant progress to improve the safety and economic competitiveness of our community. The City was successful in securing the only 2017 federal TIGER grant in the State of Washington, and those grant funds were applied to the Barker Road Grade Separation Project. Engineering design is underway and construction is programmed for 2020. Phase 2: Pines Road / BNSF Grade Separation Project The City of Spokane Valley respectfully requests that the State match its 2017-2019 investment in the Bridging the Valley project by allocating an additional $2.9 million to the Pines Road/BNSF Grade Separation project. Pines Road is one of the region's key transportation corridors, carrying both private and commercial/industrial traffic from Trent Avenue (SR 290) across the Spokane River to I-90 and commercial areas south of the I-90 freeway. In 2018, the Freight Management Strategic Investment Board (FMSIB) rated this at -grade crossing as the highest ranked unfunded Tier 1 rail crossing in the State of Washington out of 4,171 at -grade crossings which were evaluated based upon freight mobility and safety. On average, 58 BNSF freight trains and two AMTRAK passenger trains travel through the Pines/BNSF crossing each day, blocking traffic movements for nearly 3.5 hours. Vehicle delay is expected to increase with the addition of a second mainline BNSF track at Pines Road in 2019. In addition, about 34,000 vehicles pass through the adjacent Pines/Trent intersection, including freight from Canada and northern Idaho. The average daily traffic volume on Pines Road is more than double the vehicles of the funded Barker Road project. Pines Road is also the primary access to almost 230 acres of undeveloped mixed-use, commercial and industrial land. Total project cost is estimated at $29 million, and the City has secured $3.2 million in local funds. The City currently has four pending grant requests including federal applications for BUILD and both rounds of CRISI, as well as a grant request from the Spokane Regional Transportation Council (SRTC). State funding in the amount of $2.9 million will demonstrate the State's continued partnership and enhance the likelihood of the City being awarded its federal funding requests. Browns Park Capital Budget Request The City of Spokane Valley respectfully requests that the Legislature make an allocation of $520,000 from the Capital Budget to match the City's 2019 investment of $1.16 million. Browns Park is being converted from an under-utilized neighborhood park to a multipurpose park venue that meets the contemporary needs of our residents, including a 16 court sand volleyball facility capable of hosting large regional events. The City constructed eight volleyball courts, a splash pad and a basketball court between 2014 and 2016, at a total cost of $447,500, and constructed an additional eight volleyball courts in 2018 at a cost of $176,000. The requested allocation would help pay for the installation of a new playground, a new restroom and a neighborhood picnic shelter. Defend Local Control The City of Spokane Valley incorporated in 2003 as a direct result of the desire of our citizens to have substantial local control of decision-making that impacts our area. A foundational belief for the Council and the citizens they represent is that the most effective level of government is the one closest to the people, which is the city form of government. As such, the Council urges the Legislature to respect local decision- making wherever appropriate, and not infringe into those areas that have traditionally been regulated by elected City officials. Page 1 of 3 Protect the Local State -Shared Revenues The City of Spokane Valley requests that the Legislature preserve and restore local state -shared revenues. These funds include the Liquor Excise Tax Account ($458,560 in 2017), Liquor Board Profits ($794,980 in 2017), Municipal Criminal Justice Assistance Account ($481,758 in 2017), City -County Assistance Account and Marijuana Revenues ($75,312 in 2017). Specifically, the City supports legislation that removes the 2011 cap on Liquor Profit revenues to restore the historical 50/50 revenue sharing relationship between the State and local governments. The City is home to many warehouses and manufacturing facilities. As a result, the City has received over $500,000 each year in streamlined sales tax mitigation payments to compensate the City for financial losses when the State switched to a destination -based sales tax system. With the U.S. Supreme Court's Wayfair decision, and State passage of the Marketplace Fairness Act, the Legislature will suspend streamlined sales tax mitigation payments in the 2019-21 biennium. Further, the Department of Revenue will be reporting to the Legislature on expected revenue gains from implementation of the Marketplace Fairness Act and whether they are equal to or in excess of revenue losses to cities. The City requests that cities receiving SST mitigation are made whole through this transition. The City of Spokane Valley supports full funding for municipal indigent defense services. In 2013, the Washington Supreme Court set new caseload standards for the number of cases a public defender can represent in a calendar year. This has increased the annual cost of providing indigent defense services by $71,521 or 11.4%. The City supports policy and fiscal changes to mitigate these ongoing obligations. Protect Businesses by Reforming State Regulatory Burden The City of Spokane Valley strongly supports businesses small and large, in our City and across the state, because they are the lifeblood of our economy. Unfortunately, these businesses are forced to compete in a state regulatory environment that is increasingly burdensome, making it difficult to compete with businesses in neighboring states. Of most urgent concern is the regressive state business & occupation tax, with the current Labor & Industries program close behind, and both needing significant reform before they do irreparable damage to commerce in Washington. The City supports rebalancing the state-wide regulatory framework to encourage and support business development and retention. Support Continued Prohibition of Recreational Marijuana Home Growing and Retention of Local Authority The City of Spokane Valley supports the continued prohibition on home growing of recreational marijuana. Allowing home growing of recreational marijuana will unnecessarily increase youth access, illegal diversion, and criminal activity related to marijuana. Neither the State nor local cities have sufficient resources to adequately enforce home growing. Allowing home growing will place an additional and unnecessary cost burden on local cities that primarily have to deal with the impacts from legalized marijuana. By allowing home growing, the State will also weaken the still -growing commercial marijuana market. Regardless of the action taken by the State, the City supports retention of local land use, building, fire, and other public health and safety regulatory authority, up to and including local authority to enact marijuana growing prohibitions. The City strongly believes that local cities must not be punished for exercising their authority by having State funds withheld. Condominium Liability Reform The City of Spokane Valley supports legislation that incentivizes the construction of condominiums by reducing the liability developers incur for construction defects, while simultaneously continuing to balance consumer protection provisions. Under the current liability laws, developers are incentivized to construct apartments rather than condominiums, resulting in fewer options for home buyers to enter the real estate market. Reducing the liability for developers will increase housing choices in communities throughout the state. Page 2 of 3 Increased funding for the Basic Law Enforcement Academy The City of Spokane Valley supports increased funding and other solutions to ensure newly hired officers are able to complete training through the Basic Law Enforcement Academy (BLEA) at the Criminal Justice Training Commission. At current funding levels, the Criminal Justice Training Commission has a backlog of officers awaiting training. State law requires that officers be trained within six months of hire. The current backlog exceeds this statutory timeline. This results in law enforcement agencies throughout the state hiring new officers, and then keeping them on staff for up to six months, but unable to perform police work until their training is complete. Prevailing Wa2e Calculations The City of Spokane Valley respectfully requests that Chapter 248, Laws of 2018 (adopted through SSB 5493) relating to application of collective bargaining agreements to calculating prevailing wage by the Department of Labor & Industries, be either revised or repealed. The effect of these changes has been to triple the cost of certain workers on public projects. The City has applied for and received a number of grants for projects requiring such work, and now will not have sufficient funds to complete these projects. The City will have to either abandon these valuable projects, or attempt to find additional funds from ever - dwindling funds. This new calculation takes into account improper tasks in determining the prevailing wage, driving the prevailing wage far beyond what is appropriate or reasonable for such work. The City supports AWC legislative agenda items that serve the best interests of Spokane Valley. Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 6, 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. Administrative Report to Council October 2, 2018 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. The attached copy of the Governance Manual is in track -change format; and a "clean" copy is also included for ease in reading. Proposed revision (page numbers refer to the red -line track change version of the Manual) agreed at Oct 2 meeting Further edits based on Oct 2 meeting New edit to discuss and consider Introduction- Page 4 — this language was moved here since J Chapter 6 is being deleted Intro: Page 6 — deleted since it is covered under #14 on page 21 J Chapter 1- Page 9 — Council meetings — included provision about if a Council meeting falls on a holiday. Page 10 — includes amending the agenda (introduced by a Councilmember and at least three other Councilmembers) Page 11— process for proclamation '1 Page 11 — states members of the public cannot "give" their speaking time to others '1 Page 11: `j' under Formal Format Council Agenda — added "Maximum total time for public comments will be 45 minutes. Page 12 — removes the 2nd opportunity for general Public Comments J Page 13-15 — study session: re -worded and added order of business — including approval of agenda '1 Page 16 —clarifying that notice of special meeting handled by City Clerk '1 Page 17 — cancellation of meetings '1 Page 19: Dissents and Protests. At the Oct 2 meeting, it was suggested to include verbiage here about expressing dissent during a meeting; however, upon re -reading the sentence, it states against any `motion, ordinance or resolution' and have the reason entered in the minutes. Since that would only occur during a meeting, adding verbiage "during Council meetings" would not be necessary. Page 21: New Item Council business: #14 — a 2 — deleted "but should not engage in debate." See new edits — including consensus by show of hands of 4 or more Councilmembers '1 - for show of hands of 4 '1 - deleted part about not engaging in debate Page 22-23 process for withdrawing a motion Page 24 — removed "abstained" (Councilmembers may not abstain from voting) Page 25 — changed "friendship" to "association '1 Page 26 — public hearings and ordinance readings & public comments J Page 26-27 Public Hearings & associated ordinances; I added verbiage that references Planning Commission Meetings Page 27 — public hearings and resolutions & public comments Page 27- included community recognition program and proclamation; 2 types of proclamations J Page 29 — members of the public may not "give away" any of their speaking time to someone else J Chapter 2 - Page 34-35 clarifying verbiage about general '1 process to fill a Council vacancy & removed candidate questions Page 35 — applicants receiving a majority of votes instead of 3 '1 Page 37 — discuss the idea of allocating a fixed % more for the mayor position. Page 38-39 — Cancellation of travel; out-of-state removed here and on travel form Appendix F Chapter 3 - Page 42 — Donations changed due to update of the J Municipal Code. Chapter 4 — current chapter 4 to be deleted Chapter 5 —page 49 — removal process split into two types: one for Councilmember, and one for citizens; removed sentence about removal reasons for councilmembers ** See previous verbiage below Page 49 — Council relations with boards, etc. Page 51: Finance Committee. A question came up about the duties of the Finance Committee, so I have included them all together on page 51. Please see edits on that page. Page 51-52 - added Governance Manual Committee & Agenda Committee; updated remainder of p 52 Chapter 6: Disclaimer — chapter deleted; these are included in '1 the beginning of the Governance Manual. Appendix A: removed verbiage about Public Disclosure File J 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 C — page 60 — see City Attorney's re -write Appendix E: page 65 - updated the application. Appendix F — page 69 — updated form A question also came up about disclosing information discussed during an informal meeting, such as a finance committee meeting, or governance manual committee meeting or other informal meeting where City business is discussed. Council's Statement of Ethics found in Appendix C mentions not disclosing confidential information acquired by reason of such official position. Note: See also Appendix C for an edit concerning acceptance of gifts. ** After discussion during the October 2 meeting, Council suggested the following changes: Page 49: Committees and removal process. Removed sentence under c about reasons for removal. Removal process is now 2 separate paragraphs: one for Councilmembers, and one for citizens. Previous paragraph: 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. In splitting the above paragraph into two paragraphs, I also removed the word "valid" — from "..or other valid personal reasons." The removal process was difficult to draft. Please note the verbiage on page 49, A(1)(f) concerning placing these appointments and removals on an advance agenda in order to give those being appointed or removed, advance notice of the pending action. Please see c -f on page 49 under Committees. 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; and "clean" version. Spokane _..Va11ey Governance Manual Adopted by Resolution 16-012 A Comprehensive Collection of Rules and Procedures Adopted November 1, 2016 , 2018 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 2-1-237 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. .Request to Transfer Travel Allocation from One Councilmember to Another ..... 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 1 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. (sec 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 Meetin2s - 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. Pursuant to RCW 42.30.070: "If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day." As noted, in such case, the meeting held on the next business day after a holiday would also be a regular meeting, as opposed to a special meeting. The Council always has the option of cancelling such meeting. 2. Council Meetin2s - 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, C4b [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. [Maximum total time for public comments will be 45 minutes] 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) moo. 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. 6-1-0. 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 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, C1 page 17 for procedure to excuse an absence.) c. Executive Sessions 1. If Council holds an Eexecutive sessions -4 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 concluded • ; 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,; [Nnote_ that stating that an executive session is to discuss a "personnel matter" is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.] (review qualifications of a public employee) c. RCW 42.30.110(1)(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public (review qualifications of an elected official), d. RCW 42.30.110(1)(i). To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel_representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. 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; (j4) 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 42.30.080", that is: (a) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (b) As to any member who was actually present at the meeting at the time it convenes, and (c) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. 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 Meetin2s: 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. 2lr 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 allows g -er--disiallewing 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: 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. ga.- 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. 1) The Committee may place the item on a future agenda or as a pending item; or .}1The Committee may determine not to place the item on a future agenda or as a pending item and the Mayor or Deputy Mayor shall notify the proposing Councilmember who has the option of bringing the issue up again during the advance agenda portion of a meeting for further discussion. At that timeBy a show of hands„ a consensus of fourth e or more Councilmembers may move the item forward to a future agenda. Gb.. Staff: eExcept 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. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission; so that when the resulting ordinance comes before Council, public comment will not be taken on either the first or the second reading. 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. 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. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission, which would result in a resolution for Council consideration. 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 Page 27 of 74 5. The person making the request shall draft the proclamation and send it to the City Clerk once approval is given 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 2nd and 4th 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.- Purpose 1a. Held to obtain public input on legislative decisions on matters of policy 2.b- Are required by state law in such matters as comprehensive plan use plans, or annual budget 3e. Do not involve legal rights of specific private parties in a contested setting 44. 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 Page 28 of 74 b3. Process 1e. State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Individual comments shall be limited to a specific amount of time as determined by the Presiding OfficerTimo 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—A11 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 e Cilie 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. g_—/- These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. 2k. 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. 3s. 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 Page 29 of 74 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: 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 fora 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 Page 30 of 74 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. 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.) a. Out of Statc Travcl. 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. b. In State Non Local Travcl. 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). eb. 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. cd. 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. de. 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 of Councilmember. Any 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 vote takes place. d. Removal Process of Citizen: Any citizen 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 include conflict of interest, unexcused multiple absences, or for those committees which require the appointee to be a Spokane Valley citizen, failure to qualify as to residency. e. A Councilmember or citizen may resign due to conflicts of time or scheduling commitments, or other personal reasons. A vacancy caused by resignation, shall be filled as soon as appropriate, but not sooner than two weeks, with notation of such on the advance agenda. f. These Committee, commission board appointments as well as removals, shall be placed as action items on Council meeting agendas, and will be noted on the Advance Agenda at least two weeks prior to such action. 2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies a. The purpose of these appointments is to provide Council with insight into areas 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 issue;, and to provide appropriate feedback of information to Council, in order to gain corporate approval and Page 49of74 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: 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 § 11, 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 Page 50 of 74 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. "SVMC 2.50.120(a) and (b) Establishing travel policies and proccdurcs. a. The responsibility and authority for developing, adopting, modifying and monitoring the travel policies and procedures for reimbursement of expenses incurred while on official business of the City of Spokane Valley is delegated to the City Council Finance Committee. It is recognized by the City Council that public officials and employees will periodically be required to travel and incur related expenses on behalf of the City. The purpose of the travel policies and procedures is to provide criteria for payment and/or reimbursement of valid expenses. The Council directs that the Finance Committee consider the following in the development of travel policies and procedures: (A). Reimbursement for transportation costs when using personal automobiles mode of travel; (B). Reimbursement for hotel/motel accommodations; (C). Reimbursement for meals either at actual cost including a per meal maximum amount or a per diem allocation; (D). Reimbursement for incidental expenses such as parking, taxis, buses, rental cars, etc.; and (E). Such other matters that are reasonably related to travel. b. The finance department, under the supervision of the Finance Committee, is directed to develop a fully itemized travel expense form which shall be used to administer the City travel policy and account for expenditures and reimbursement of officials or employees. Claims for reimbursement must be accompanied by receipts showing the amount paid and items/services received unless otherwise provided in the policies and procedures. All claims for reimbursement shall be duly certified by the individual submitting such claim on a form approved by the Finance Director in compliance with state regulations and guidelines established by the State Auditor. For administrative staff, the City Manager or designee shall approve expenses and reimbursement. The City Council shall approve, through budget allocation, travel expenses and reimbursement for Council members. The Council reserves the right to review the travel policies and procedures of the City including modifying and amending the same from time to time. (Ord. 29 § 1, 2003)." The Finance Committee generally consists of three Councilmembers. Meetings are conducted on an as -needed basis as determined by the City Manager. Matters that should be addressed by the Finance Committee, include, but are not limited to: a. authorizing on short notice, approval of change orders that are in excess of the amounts authorized in SVMC 3.35.010(C), 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. b. 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. c. a Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings, hotel, and airfare, or any other pre -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 repaid to the City within fourteen calendar days of the cancellation. Page 51 of 74 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 also request meetings to discuss matters of financial interest with the Finance Committee. SVMC 3.35.010(D) Contract Authority The Finance Committee of the City Council is authorized to approve change orders on short notice 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 At the Mayor's option, and either by a schedule determined by the Mayor or by personal individual invitation, the Mayor may invite a third Councilmember to attend this weekly meeting. The attendance by a third Councilmember is at the third Councilmember's discretion. 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/or request additional materials or research needed for the impending meeting, and to review the Advance Agenda, which is a planning document to aid in scheduling 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. I . 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 Page 52 of 74 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 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 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 toff 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 selely upon 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. Exceptions to this prohibition are if a meal is provided to a Councilmember while that person is participating in a meeting or event held by an entity to which a Councilmember is assigned for representation by the City; or when actively participating on a panel giving a presentation to other, in other words as a working lunch; or unless the meal is paid for by the City. 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 Page 60 of 74 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 61 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 DOC — Department of Commerce 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 Page 62 of 74 FEIS - Final Environmental Impact Statement FEMA - Federal Emergency Management Agency FICA - Federal Insurance Contribution Act FIRM - Flood Insurance Rate Maps FLSA - Fair Labor Standards Act FMLA - Family Medical Leave Act 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 Page 63 of 74 REET - Real Estate Excise Tax RONR Robert's Rules of Order Newly Revised ROW - Right of Way SAO - State Auditor's Office SBA - Small Business Administration SEPA - State Environmental Policy Act SMA - Shorelines Management Act SWAC - Solid Waste Advisory Committee TIB - Transportation Improvement Board TIP - Transportation Improvement Program TMDL - Total Maximum Daily Load UBC - Uniform Building Code UFC - Uniform Fire Code UGA - Urban Growth Area WAC - Washington Administrative Code WACO - Washington Association of County Officials WCIA - Washington Cities Insurance Authority WCMA - Washington City/County Management Association WSDOT - Washington State Department of Transportation WSP - Washington State Patrol WUTC - Washington Utilities & Transportation Commission WWTP - Wastewater Treatment Plant Page 64 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 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.] Page 65 of 74 f 1 Home Phone [ 1 work phone j ] Cell Phone [ ] other message phone j ] e-mail address: (please print plainly): [ ] 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 Diploma or GED: [ ] yes Address: [ no Trade School/College/University: Name of School Diploma: [ ] yes [ ] no Trade School/College/University: Name of School Diploma: [ ] yes [ ] no Other Certifications/Licenses: Address: Degree or Certification Earned: Address: Degree or Certification Earned: 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 [ ] No [ ] 4. If you answered "YES" to #3 above, please explain: 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 [ ] 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 [ ] Page 67 of 74 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 .alley 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/ Registration Budgets Transfer from Councilmember's name Account number Amount Signature Date Transfer to Councilmember's name Account number Amount Signature Date Page 69 of 74 Appendix G -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 Sifokane jUalley Governance Manual Adopted by Resolution A Comprehensive Collection of Rules and Procedures Adopted , 2018 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 64 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 16 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 26 21. Proclamations .26 22. Taxes: Increasing or imposing new taxes 26 23 Hearings 26 24. Reconsideration 27 25. Council Materials/packets 28 26. Three Touch Principle 28 CHAPTER 2: Legislative Processes and Procedures 29 A. Election of Council Officers 30 B. Filling Council Vacancies . 31 C. Legislative Agendas . 35 Page 2 of 64 D. Council Travel Allocation 35 E. Council Expense Reimbursement Policy 35 F. 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 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 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 57 F. Request to Transfer Travel Allocation from One Councilmember to Another . 58 G. Definitions 59 Index 60 Endnotes 62 Page 3 of 64 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 64 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. 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 Page 5 of 64 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 (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. • 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 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.) Page 6 of 64 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 64 CHAPTER 1 Council Meetings Page 8 of 64 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. Pursuant to RCW 42.30.070: "If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day." As noted, in such case, the meeting held on the next business day after a holiday would also be a regular meeting, as opposed to a special meeting. The Council always has the option of cancelling such meeting. 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 64 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, C4b [page 17] for procedure to excuse an absence) e. Approval ofAgenda/AmendedAgenda. 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 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 or commission, whether as a formal or informal member. Extended reports shall be placed as future agenda items for presentation or submitted in writing as an informational memo. Page 10of64 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. Maximum total time for public comments will be 45 minutes] 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. Public 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 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. a. 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. b. 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 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 Page 11 of 64 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. Administrative Reports or tracking of an administrative issue or topic. p. Information Only Items These items are generally not discussed or reported. q. City Manager Comments r. Executive Session (as required) (See Chapter 1, section Blc below) s. Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit shall be established before taking a Council vote to extend the meeting. 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 Council meeting, unless the Council by a majority vote of members present determines otherwise. b. Study Session Format 1. Normally held 1St 3rd 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 be times when due to deadlines or other pressing or time sensitive 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. Page 12 of 64 2. Action Items. Although action items may occasionally be included on a study session agenda, it is the preference 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. 3. 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. 4. Presiding Officer's Role. The role of the Presiding Officer is to facilitate 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 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, shall be submitted to the City Clerk at least 10 days prior to the appropriate Council meeting. 6. 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. Page 13 of 64 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. c. Executive Sessions 1. Executive sessions shall be held pursuant to the Open Public Meetings Act, 42.30 RCW . 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 concluded; 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. [Note: 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 Page 14 of 64 in an adverse legal or financial consequence to the agency. For purposes of this subsection (1)(i), "potential/pending litigation" means matters protected by Rules of Professional Conduct (RPC) 1.6 or RCW 5.60.060(2)(a) concerning: (1) 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; (2) 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 (3) 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 a. 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. 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. c. The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080", that is: (a) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (b) As to any member who was actually present at the meeting at the time it convenes, and (c) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. d 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. 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" should be so noted on the Page 15 of 64 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. Emergency 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. Page 16 of 64 C. Meeting Rules and Procedures 1. Council Rules of Order 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 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. b 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. c Leave of Absence: 1. 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 17 of 64 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. d. 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 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 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 Page 18 of 64 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 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 or is otherwise authorized by law. 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. 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 whether to allow 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. Page 19 of 64 14. Placing Items on an Agenda: a. 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 . 3) By a show of hands, a consensus of four or more Councilmembers may move the item forward to a future agenda. b. 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 the motion is seconded Staff makes their presentation Mayor asks Council if there are any questions for staff Once all questions have been addressed, the staff member steps away from the podium to allow for the public comment opportunity. 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. 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. Page 20 of 64 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). 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 21 of 64 Parliamentary Procedure at a Glance Roberts Rules of Order § IF YOU WANT TO YOU SAY INTERRUPT NEED 2"D 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 vote.] 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 22 of 64 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 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." 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 Page 23 of 64 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 association 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. 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 Page 24 of 64 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.47.04022] 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. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission; so that when the resulting ordinance comes before Council, public comment will not be taken on either the first or the second reading. 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. 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. This procedure will also be used if a public hearing on a specific issue is held before the Planning Commission, which would result in a resolution for Council consideration. Page 25 of 64 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 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 2nd and 4th 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. Page 26 of 64 22. 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. 23. Hearings: [note: See Appendix A for quasi-judicial hearings] a. Purpose 1. Held to obtain public input on legislative decisions on matters of policy 2. Are required by state law in such matters as comprehensive plan use plans, or annual budget 3. Do not involve legal rights of specific private parties in a contested setting 4. Affect a wide range of citizens or perhaps the entire jurisdiction 5.. 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. Process 1. 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 desire. Individual comments shall be limited to a specific amount of time as determined by the Presiding Officer , 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. 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 name because an official recorded transcript of the public hearing is being made. b. 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. Unless otherwise determined by the Presiding Officer, all public comments shall be limited to three minutes per speaker and members of the public are not permitted to give any of their own Page 27 of 64 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. At the discretion of the Presiding Officer, members of the public shall only speak once per issue. e 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. 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. g. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. 2. 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. 3. After staff presentations, the Presiding Officer calls for public comments. 4. 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. 5. The Presiding Officer declares the public hearing closed and notes the time for such closing. 24. 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: a. any action previously reconsidered; b. motions to adjourn or motions to suspend the rules; c. an affirmative vote to lay an item on, or take an item from, the table; d. a previously passed motion to suspend the rules; or e. a vote electing to office one who is present and does not decline. 2. Such motion for reconsideration: a. shall be reconsidered during the same Council meeting; b. shall be called up when no business is pending (no action is pending); c. if 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. 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. a member who makes this motion should state that he or she voted on the prevailing side; f. needs a second, and can be seconded by any member; g. is debatable if the type of motion it reconsiders is debatable; and h. is not amendable and requires a majority vote to adopt. Page 28 of 64 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. 25. 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 for a future meeting, 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. 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. 26. "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 Page 29 of 64 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 30 of 64 CHAPTER 2 Legislative Process Page 31 of 64 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 32 of 64 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 42.12.070.28 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. Pursuant to 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 Process, 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 E 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. 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 to 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, , 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. e. Schedule the conducting of the interviews for an upcoming Council meeting . Pursuant to 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 to 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 to RCW 42.30.110(1)(h), Council shall meet in open session; and the last action item of that agenda will include a vote Page 33 of 64 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 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 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 10) Instead of the above nomination process, after holding an executive session to review applications, Council may choose to interview all applicants 11) the length of the interview shall be determined based upon the number of applicants 12) interviews shall be done in last -name alphabetical order 13) the City Clerk shall notify all applicants of the date, time and procedure for their interview 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 three questions, which includes any follow-up questions. b. Candidates shall be interviewed in alphabetical order of last name. 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 voting Page 34 of 64 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 Allocation 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.. During the last six months of a Councilmember's current term of office, incurring City business-related travel expenditures requires the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or task forces. E. COUNCIL EXPENSE REIMBURSEMENT POLICY 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. Page 35 of 64 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.) b. 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. c. 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. d. 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. 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 Page 36 of 64 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 pre -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 repaid to the City within fourteen calendar days of the cancellation. F. 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 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 Page 37 of 64 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 38 of 64 CHAPTER 3 Council Contacts Page 39 of 64 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.) donations,. Page 40 of 64 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 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.13.08030) 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 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.13.12031) 5. Informal Communications Encouraged RCW 35A.13.120 should not 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 Page 41 of 64 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 42 of 64 CHAPTER 4 COMMITTEES, BOARDS, COMMISSIONS Page 43 of 64 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 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 of Councilmember. Any 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 vote takes place. d. Removal Process of Citizen: Any citizen 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 include conflict of interest, unexcused multiple absences, or for those committees which require the appointee to be a Spokane Valley citizen, failure to qualify as to residency. e. A Councilmember or citizen may resign due to conflicts of time or scheduling commitments, or other personal reasons. A vacancy caused by resignation, shall be filled as soon as appropriate, but not sooner than two weeks, with notation of such on the advance agenda. f. These Committee, commission board appointments as well as removals, shall be placed as action items on Council meeting agendas, and will be noted on the Advance Agenda at least two weeks prior to such action. 2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies a. The purpose of these appointments is to provide Council with insight into areas 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 Councilmembers, 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. Page 44 of 64 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: 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. 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. 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. Page 45 of 64 Nominations shall state the term of committee membership. Appointments shall be for one- and two- year terms. " c. Finance Committee-- 3 members. The Finance Committee generally consists of three Councilmembers. Meetings are conducted on an as -needed basis as determined by the City Manager. Matters that should be addressed by the Finance Committee, include, but are not limited to: a. authorizing on short notice, approval of change orders that are in excess of the amounts authorized in SVMC 3.35.010(C), 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. b. 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. c. a Councilmember shall adhere to cancellation deadlines when canceling conferences, seminars, regional meetings, hotel, and airfare, or any other pre -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 repaid to the City within fourteen calendar days of the cancellation. 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 At the Mayor's option, and either by a schedule determined by the Mayor or by personal individual invitation, the Mayor may invite a third Councilmember to attend this weekly meeting. The attendance by a third Councilmember is at the third Councilmember's discretion. 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/or request additional materials or research needed for the impending meeting, and to review the Advance Agenda, which is a planning document to aid in scheduling 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. Page 46 of 64 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 47 of 64 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 to RCW 42.36.04032, 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) 3. Actions/Procedures for a Quasi -Judicial Public Hearing See Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures. Page 48 of 64 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 49 of 64 Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base, Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d) Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council, the staff, or the public. (e) Accepting the principle of majority rule and working to advance the success of "corporate" decisions. Section 8. We solicit the City Manager's support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective, responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing "best practices" in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. Approved by the City Council this l lth 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 50 of 64 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 upon 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. Exceptions to this prohibition are if a meal is provided to a Councilmember while that person is participating in a meeting or event held by an entity to which a Councilmember is assigned for representation by the City; or when actively participating on a panel giving a presentation to other, in other words as a working lunch; or unless the meal is paid for by the City. 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 51 of 64 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 DOC — Department of Commerce 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 Page 52 of 64 FCC - Federal Communications Commission FEIS - Final Environmental Impact Statement FEMA - Federal Emergency Management Agency FICA - Federal Insurance Contribution Act FIRM - Flood Insurance Rate Maps FLSA - Fair Labor Standards Act FMLA - Family Medical Leave Act 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 Page 53 of 64 RCW - Revised Code of Washington REET - Real Estate Excise Tax RONR Robert's Rules of Order Newly Revised ROW - Right of Way SAO - State Auditor's Office SBA - Small Business Administration SEPA - State Environmental Policy Act SMA - Shorelines Management Act SWAC - Solid Waste Advisory Committee TIB - Transportation Improvement Board TIP - Transportation Improvement Program TMDL - Total Maximum Daily Load UBC - Uniform Building Code UFC - Uniform Fire Code UGA - Urban Growth Area WAC - Washington Administrative Code WACO - Washington Association of County Officials WCIA - Washington Cities Insurance Authority WCMA - Washington City/County Management Association WSDOT - Washington State Department of Transportation WSP - Washington State Patrol WUTC - Washington Utilities & Transportation Commission WWTP - Wastewater Treatment Plant Page 54 of 64 S`pok'ane `� .Valley APPENDIX E CITY OF SPOKANE VALLEY 10210 E. Sprague Avenue Spokane Valley, WA 99206 (509) 720-5000 APPLICATION FOR INTERIM COUNCIL POSITION Thank you for your interest in serving the Spokane Valley community as an Interim Council Member. An Interim Council Member is the term used for someone to serve in a vacated council position 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 applications 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 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.] [ ] Home Phone [ ] work phone [ ] Cell Phone [ ] other message phone [ ] e-mail address: (please print plainly): [ ] regular mail to residence or mailing address shown above Page 55 of 64 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 Diploma or GED: [ ] yes Address: [ ] no Trade School/College/University: Name of School Diploma: [ ] yes [ ] no Trade School/College/University: Name of School Diploma: [ ] yes [ ] no Other Certifications/Licenses: Address: Degree or Certification Earned: Address: Degree or Certification Earned: 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 1. Are you a registered voter in the City of Spokane Valley? Yes [ ] No [ ] Page 56 of 64 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 [ ] No [ ] 4. If you answered "YES" to #3 above, please explain: 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 [ ] 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 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 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 [ ] Page 57 of 64 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 58 of 64 Spokane ...•••015' 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/ Registration Budgets Transfer from Councilmember's name Account number Amount Signature Date Transfer to Councilmember's name Account number Amount Signature Date Page 59 of 64 Appendix G: 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 60 of 64 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 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 61 of 64 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 62 of 64 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. Page 63 of 64 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. 25 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. 26 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. 3o 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 64 of 64 DRAFT ADVANCE AGENDA as of October 31, 2018; 2:15 p.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings Nov 13, 2018, Formal Meeting Format, 6:00 p.m. Proclamation: Small Business Saturday 1. PUBLIC HEARING #3: 2019 Budget — Chelsie Taylor 2. Second Reading Ordinance 18-024 adopting 2019 Budget — Chelsie Taylor 3. Consent Agenda (claims, payroll, minutes, HE Interlocal, Lobbyist Contract) 4. Second Reading Ordinance 18-023 approving 2018 Budget Amendment — Chelsie Taylor 5. Resolution 18-008 Amending Governance Manual — Chris Bainbridge 6. Motion Consideration: Approval of 2019 Legislative Agenda — Mark Calhoun 7. Admin Report: Annual Comprehensive Plan Amendment 2019 Docket — Lori Barlow 8. Admin Report: Snow Removal — John Hohman and others 9. Admin Report: SCRAPS Cost Proposal — Morgan Koudelka 10. Admin Report: Advance Agenda [due Tue Nov 6 (10 minutes) (10 minutes) (5 minutes) (5 minutes) (10 minutes) (10 minutes) (15 minutes) (30 minutes) (25 minutes) (5 minutes) [*estimated meeting: 125 mins] Nov 20, 2018, Study Session, 6:00 p.m. ACTION ITEMS: 1. Motion Consideration: 2019 Annual Comp Plan Amendment Docket — Lori Barlow Public Comment Opportunity NON -ACTION ITEMS: 2. Fee Resolution for 2019 — Chelsie Taylor 3. Open Space Code Text Amendment — Marty Palaniuk 4. City Logo, Code amendment — Erik Lamb 5. Advance Agenda — Mayor Higgins 6. Info Item: Department Reports Nov 27, 2018 — Meeting Cancelled — Thanksgiving Holiday 1due Tue Nov 131 (15 minutes) (15 minutes) (20 minutes) (15 minutes) (5 minutes) [*estimated meeting: 70 mins] Dec 4, 2018, Study Session, 6:00 p.m. ACTION ITEMS: 1. First Reading Ordinance, Open Space Code Text Amendment — Marty Palaniuk NON -ACTION ITEMS: 2. Washington Cities Insurance Authority (WCIA) Briefing — Cary Driskell; from WCIA 3. Ridgemont Neighborhood: 22nd Avenue — Bill Helbig, Ray Wright, Chief Werner 4. Sullivan Bridge Project Completion Update — Gloria Mantz, Erica Amsden 5. Barker Road Grade Separation Project Update — Gloria Mantz 6. Pines Road Grade Separation Project Update — Gloria Mantz 7. Advance Agenda — Mayor Higgins [due Tue Nov 261 (15 minutes) (45 minutes) (30 minutes) (15 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 130 mins] Dec 11, 2018, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Ordinance Open Space Code Text Amendment — Marty Palaniuk 3. First Reading Ordinance 18-025 amending City Logo Provision — Erik Lamb 4. Proposed Fee Resolution for 2019 — Chelsie Taylor 5. Motion Consideration: Award of Lodging Tax for 2019 — Chelsie Taylor 6. Admin Report: Advance Agenda [due Tue Dec 41 (5 minutes) (10 minutes) (10 minutes) (10 minutes) (15 minutes) (5 minutes) [*estimated meeting: 55 mins] Draft Advance Agenda 11/1/2018 1:46:01 PM Page 1 of 2 Dec 18, 2018, Study Session, 6:00 p.m. ACTION ITEMS: 1. First Reading Ordinance 18-025 amending City Logo Provision — Erik Lamb 2. Resolution 18-009 Amending City Logo Style and Standards Guide — Erik Lamb Public Comment Opportunity NON -ACTION ITEMS: 3. Advance Agenda — Mayor Higgins 4. Info Item: Department Reports [due Tue Dec 111 (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: mins] No Meeting: Tuesday, December 25, 2018, and no meeting Tuesday, January 1, 2019 Jan 8, 2019, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Mayoral Appointments- Planning Commissioners — Mayor Higgins 3. Mayoral Appointments: Lodging Tax Advisory Committee — Mayor Higgins 4. Mayoral Appointments: Councilmembers to Committees — Mayor Higgins 5. Admin Report: Advance Agenda Jan 15, 2019, Study Session, 6:00 p.m. 1. Advance Agenda Jan 22, 2019, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda 3. Info Only: Department Reports Jan 29, 2019, Study Session, 6:00 p.m. 1. Advance Agenda *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Aging & Long Term Care Bd Appoints/Interlocal Animal Control Regulations (SVMC 7.30) Barker I-90 WSDOT Interlocal, & Contract Camping in RVs City Action Days, Olympia Feb 13-14 Community Inclusion Compassionate SV Donation Recognition Electrical Inspections Health District Re SV Stats Land Use Notice Requirements Legislative Delegation Meeting Legislative Remote Testimony (Chambers) Mirabeau Park Forestry Mgmt Naming City Facilities Protocol Neighborhood Restoration Program Park Lighting Park Regulations Ordinance Amendments Police Dept. Quarterly Rpt (April, July, Oct, Jan) Sign Ordinance [due Wed Jan 21 (5 minutes) (10 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 40 mins] [due Tue Jan 8] [due Tue Jan 151 (5 minutes) (5 minutes) [due Tue Jan 22] St. Illumination (ownership, cost, St. O&M Pavement Preservation Studded Snow Tires Tobacco 21 Resolution Town Hall Conversations TPA Utility Facilities in ROW location) Draft Advance Agenda 11/1/2018 1:46:01 PM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 6, 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: Council Election Night Meeting History GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The purpose of this report is simply to convey to Council a history of whether City Council has or has not met on an Election Night and, in general, the unwritten rules that govern whether a meeting is held. Council agendas from week to week vary in length but we typically meet on Tuesday evenings unless: • There is a conflicting meeting that will cause a significant number of Councilmembers to be absent. • Tuesday corresponds with a holiday. • If it is an election day with Councilmember positions on the ballot. Tuesday, November 6, 2018 is Election Day but because the City has no Council positions on the ballot we are holding a meeting of the City Council as we typically do. Below is a history of Council meetings during election night. Election Date Meeting Held or Cancelled Notes 2003 November 4 - meeting held no Council positions on ballot 2004 November 2 - meeting held no Council positions on ballot / Presidental Election 2005 November 8 - meeting cancelled all Council positions on ballot (4 for 4 -years & 3 for 2 -years) 2006 November 7 - meeting held no Council positions on ballot 2007 November 6 - meeting cancelled 3 Council positions on ballot 2008 November 4 - meeting held no Council positions on ballot / Presidental Election 2009 November 3 - meeting cancelled 4 Council positions on ballot 2010 November 2 - meeting held no Council positions on ballot 2011 November 8 - meeting cancelled 3 Council positions on ballot 2012 November 6 - meeting cancelled no Council positions on ballot / Presidental Election 2013 November 5 - meeting cancelled 4 Council positions on ballot 2014 November 4 - meeting held no Council positions on ballot 2015 November 3 - meeting cancelled 3 Council positions on ballot 2016 November 8 - meeting held no Council positions on ballot / Presidental Election 2017 November 7 - meeting cancelled 5 Council positions on ballot 2018 November 6 - meeting held no Council positions on ballot OPTIONS: N/A RECOMMENDED ACTION OR MOTION: None, information only. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Mark Calhoun, City Manager Spokane �.�Valley Memorandum FINANCE DEPARTMENT Chelsie Taylor, Finance Director 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 • www.spokanevalley.org To: Mark Calhoun, City Manager From: Chelsie Taylor, Finance Director Date: October 22, 2018 Re: Finance Department Activity Report — September 2018 Following is information pertaining to Finance Department activities through the end of September 2018 and included herein is an updated 2018 Budget to Actual Comparison of Revenues and Expenditures through the end September. 2017 Yearend Process The 2017 books were closed during April and the annual financial report was submitted in May. The State Auditor's Office completed fieldwork for the audit of fiscal year 2017. The State Auditor's Office issued an unmodified opinion on the audit of the financial statements for the fiscal year 2017 and the Federal single audit on August 29, 2018. We expect the accountability audit and related exit conference will be completed in November. 2018 Budget Amendment As we have progressed through 2018 the need for a number of budget amendments has arisen largely as a result of capital projects. Council review will take place at the following meetings: • October 2 Admin Report • October 23 Public Hearing • October 23 First reading on proposed ordinance amending the 2018 Budget • November 13 Second reading on proposed ordinance amending the 2018 Budget 2019 Budget Development The 2019 Budget development process began in the Finance Department in early March and on April 511' we sent detailed budget requests to all departments to complete by mid-May. By the time the budget is scheduled to be adopted on November 131h, the Council will have had an opportunity to discuss the budget on seven occasions including three public hearings. • June 12 Council budget workshop • August 21 • September 11 • September 25 • October 9 • October 23 • November 13 • November 13 Admin report on 2019 revenues and expenditures Public hearing #1 on the 2019 revenues and expenditures City Manager's presentation of preliminary 2019 Budget Public hearing #2 on 2019 Budget First reading on proposed ordinance adopting the 2019 Budget Public hearing #3 on the 2019 Budget Second reading on proposed ordinance adopting the 2019 Budget P:IFinancelFinance Activity Reports\Council Monthly Reports1201812018 09 30.docx Page 1 2019 Property Tax Levy A significant part of the budget development process includes the annual levy of property taxes, which in 2018 are expected to account for approximately 26.5% of recurring General Fund revenues. Council discussions specifically related to this topic will take place at the following meetings: • September 11 • September 18 • October 9 • October 23 Public hearing on 2019 revenues including property taxes Admin Report on proposed ordinance levying 2019 property taxes First reading of ordinance levying 2019 property taxes and confirming tax levy Second reading of ordinance levying 2019 property taxes and confirming tax levy Outside Agency Funding in the 2018 Budget The City has historically provided funding for local organizations involved in either social services or economic development activities and the preliminary 2019 Budget currently has $243,000 collectively available for this, with $61,000 being set aside for contracted economic development. The schedule leading to awarding funds is as follows: • July 13 Letters mailed to agencies that have historically received funding, media release to City website and notice to newspapers • August 10 Agency requests are due at City Hall • September 18 Economic development and social service agency presentations to Council • October 23 Council makes final determination of awards Lodging Tax The schedule leading • August 31 • October 5 • October 18 • November 13 • December 11 to awarding funds is as follows: Letters mailed to agencies that have historically received funding, media release to City website and notice to newspapers Grant applications due at City Hall Grant applicant presentations to lodging tax advisory committee. Admin report to Council on results of lodging tax advisory committee meeting City Council motion consideration: Award lodging tax for 2019 Fee Resolution As a part of preparing the annual budget, City Departments are asked to review the Master Fee Schedule that is currently in place and determine whether changes in fees charged and/or language used in the governing resolution should be altered. This leads to an annual update to the fee resolution that sets fees for the following year. The calendar leading to the adoption of the resolution setting 2019 fees is as follows: • November 20 Admin report on proposed changes to the fee resolution. • December 11 Council adoption of the fee resolution Budget to Actual Comparison Report A report reflecting 2018 Budget to Actual Revenues and Expenditures for those funds for which a 2018 Budget was adopted is located on pages 6 through 17. Because we attempt to provide this information in a timely manner, this report is prepared from records that are not formally closed by the Finance Department at month end or reconciled to bank records. Although it is realistic to expect the figures will change over subsequent weeks, I believe the report is materially accurate. P:IFinancelFinance Activity Reports\Council Monthly Reports1201812018 09 30.docx Page 2 We've included the following information in the report: • Revenues by source for all funds, and expenditures by department in the General Fund and by type in all other funds. • A breakdown between recurring and nonrecurring revenues and expenditures in the General Fund, Street O&M Fund and Stormwater Fund. • The change in fund balance including beginning and ending figures. The beginning fund balance figures are those that are expected to be reflected in our 2017 Annual Financial Report. • Columns of information include: o The 2018 Budget as adopted o September 2018 activity o Cumulative 2018 activity through September 2018 o Budget remaining in terms of dollars o The percent of budgeted revenue collected or budgeted expenditures disbursed A few points related to the General Fund #001 (page 6): Recurring revenues collections are currently at 68.58% of the amount budgeted with 75.00% of the year elapsed. • Property tax are paid to Spokane County in two installments each year on April 30 and October 31 and are then remitted to the City primarily in May and November with lesser amounts typically remitted in June and December. Property taxes received thus far in 2018 are $6,652,981 or 56.40% of the amount budgeted. • Sales tax collections represent only eight months of collections thus far because taxes collected in September are not remitted to the City by the State until the latter part of October. Collections are currently at $14,773,594 or 70.75% of the amount budgeted. • Gambling taxes are at $204,528 or 53.68% of the amount budgeted. Gambling taxes are paid quarterly with third quarter payments due by October 31St • Franchise Fee and Business Registration revenues are typically received in the month following a calendar year quarter. So far in 2018 we have received $627,081 or 51.82% of the amount budgeted. • State shared revenues are composed of State of Washington distributions that include items such as liquor board profits, liquor excise tax, streamlined sales tax mitigation and criminal justice monies. Most of these revenues are paid by the State in the month following a calendar quarter. Through September we've received remittances totaling $1,609,095 or 76.27% of the amount budgeted. • Fines and forfeitures revenues are composed of monthly remittances from Spokane County with payments made in the month following the actual assessment of a fine and false alarm fees. Through September we've received remittances through the month of August with receipts of $661,897 or 50.15% of the amount budgeted. • Community and Public Works service revenues are largely composed of building permit and plan review fees as well as right of way permits. Revenues are currently at $1,985,644 or 117.91% of the amount budgeted. • Recreation program revenues are composed of revenues generated by the variety of parks and recreation programs including classes, swimming pools (in -season), and CenterPlace. Currently, revenues total $545,284 or 86.10% of the amount budgeted. Recurring expenditures are currently at $28,175,403 or 68.89% of the amount budgeted with 75.00% of the year elapsed. Departments experience seasonal fluctuations in activity so they don't necessarily expend their budget in twelve equal monthly installments. P:IFinancelFinance Activity Reports\Council Monthly Reports1201812018 09 30.docx Page 3 Investments (page 18) Investments at September 30 total $61,539,964 and are composed of $56,528,069 in the Washington State Local Government Investment Pool and $5,011,895 in bank CDs. Total Sales Tax Receipts (page 19) Total sales tax receipts reflect State remittances through September and total $16,703,199 including general, criminal justice, and public safety taxes. This figure is $1,311,782 or 8.52% greater than the same 8 -month period in 2017. Economic Indicators (pages 20 — 22) The following economic indicators provide information pertaining to three different sources of tax revenue that provide a good gauge of the health and direction of the overall economy. 1. Sales taxes (page 20) provide a sense of how much individuals and businesses are spending on the purchase of goods. 2. Hotel / Motel taxes (page 21) provide us with a sense of overnight stays and visits to our area by tourists or business travelers. 3. Real Estate Excise taxes (page 22) provide us with a sense of real estate sales. Page 20 provides a 10 -year history of general sales tax receipts (not including public safety or criminal justice) with monthly detail beginning January 2009. • Compared with calendar year 2017, 2018 collections have increased by $1,155,022 or 8.48%. • Tax receipts reached an all-time high in 2017 at $21,089,134, besting the previous record year of 2016 when $19,887,049 was collected. Sales tax receipts in 2017 exceeded $20 million for the first time since the City's incorporation. Page 21 provides a 10 -year history of hotel/motel tax receipts with monthly detail beginning January 2009. • Compared with calendar year 2017, 2018 collections have increased by $17,352 or 4.39%. • Collections reached an all-time high in 2017 of $615,980, exceeding the previous high set in 2016 of $596,374. Page 22 provides a 10 -year history of real estate excise tax receipts with monthly detail beginning January 2009 • Compared with calendar year 2017, 2018 collections have increased by $300,586 or 14.29%. The increase is primarily due to an unusually high amount being collected for May 2018. • Collections reached an all-time high in 2017 of $3,007,573, exceeding the previous high set in 2007 of $2,589,681. Debt Capacity and Bonds Outstandinq (page 23) This page provides information on the City's debt capacity, or the dollar amount of General Obligation (G.O.) Bonds the City may issue, as well as an amortization schedule of the bonds the City currently has outstanding. • The maximum amount of G.O. bonds the City may issue is determined by the assessed value for property taxes which for 2018 is $8,634,114,798. Following the December 1, 2017 debt service payments, the City has $12,790,000 of nonvoted G.O. bonds outstanding which represents 9.88% of our nonvoted bond capacity, and 1.98% of our total debt capacity for all types of bonds. Of this amount: o $4,875,000 remains on bonds issued for the construction of CenterPlace. These bonds are repaid with a portion of the 1/10 of 1% sales tax that is collected by the Spokane Public Facilities District. P:IFinancelFinance Activity Reports\Council Monthly Reports1201812018 09 30.docx Page 4 o $865,000 remains on bonds issued for road and street improvements around CenterPlace. The bonds are repaid with a portion of the real estate excise tax collected by the City. o $7,050,000 remains on bonds issued for construction of the new City Hall. The bonds are to be repaid with General Fund revenues. Street Fund Revenue Sources (pages 24 and 25) The last two charts reflect a history for the two primary sources of revenue in Street Fund #101. These include: • Page 24 provides a 10 -year history of Motor Vehicle Fuel Tax collections with monthly detail beginning January 2009. o Compared with calendar year 2017, 2018 collections have increased by $41,402 or 3.08%. o Tax receipts peaked in 2007 at just approximately $2.1 million, and subsequently decreased to a range of approximately $1,857,000 to $2,000,000 in the years 2011 through 2017. • Page 25 provides a 10 -year history of Telephone Utility Tax collections with monthly detail beginning January 2009. o Compared with 2017, 2018 collections have decreased by $76,686 or 6.03%. Unlike tax revenues collected by the State and remitted monthly, these taxes are paid to the City directly by the service provider. Consequently there is not a "clean cutoff' in terms of when a vendor pays the tax. o Tax receipts peaked in 2009 at $3,054,473 and have decreased each year since due to what we suspect is the reduction in land lines by individual households. o The 2018 Budget was adopted with a revenue estimate of $1,900,000. We will watch actual receipts closely as the year progresses. o The City has hired a consultant to perform an audit of providers who pay the telephone utility tax. The audit will assess whether providers are accurately remitting all taxes owed to the City, and the consultant will be paid on a contingent basis out of revenues recovered from the telephone providers. Three audits have been completed, and the City has received payments totaling $398,865 which is comprised of recovered revenue plus interest and penalty fees. Per the contract with the consultant, the City paid $99,716 or 25% of the amount recovered. P:IFinancelFinance Activity Reports\Council Monthly Reports1201812018 09 30.docx Page 5 P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2018 #001 - GENERAL FUND RECURRING ACTIVITY Budget Year Elapsed = 2018 75.00% 2018 Budget Actual Actual through Budget September September 30 Remaining % of Budget Revenues Property Tax 11,796,100 126,942 6,652,981 (5,143,119) 56.40% Sales Tax 20,881,900 1,980,940 14,773,594 (6,108,306) 70.75% Sales Tax - Public Safety 967,800 92,888 694,131 (273,669) 71.72% Sales Tax - Criminal Justice 1,738,000 164,219 1,235,474 (502,526) 71.09% Gambling Tax and Leasehold Excise Tax 381,000 11,724 204,528 (176,472) 53.68% Franchise Fees/Business Registration 1,210,000 8,072 627,081 (582,919) 51.82% State Shared Revenues 2,109,600 313,011 1,609,095 (500,505) 76.27% Fines, Forfeitures and Penalties 1,319,900 89,864 661,897 (658,003) 50.15% Community and Public Works 1,684,100 164,925 1,985,644 301,544 117.91% Recreation Program Revenues 633,300 34,499 545,284 (88,016) 86.10% Miscellaneous Department Revenue 1,000 0 20,301 19,301 2030.12% Miscellaneous & Investment Interest 201,800 53,794 442,756 240,956 219.40% Transfer -in - #101 (street admin) 39,700 3,308 29,775 (9,925) 75.00% Transfer -in - #105 (h/m tax -CP advertising) 30,000 0 0 (30,000) 0.00% Transfer -in - #402 (storm admin) 13,400 1,117 10,050 (3,350) 75.00% Total Recurring Revenues 43,007,600 3,045,303 29,492,592 (13,515,008) 68.58% Expenditures City Council 548,494 26,173 316,164 232,330 57.64% City Manager 956,245 74,471 640,671 315,574 67.00% City Attorney 601,752 45,371 395,007 206,745 65.64% Public Safety 25,464,251 2,040,675 17,936,887 7,527,364 70.44% Deputy City Manager 450,663 40,375 338,132 112,531 75.03% Finance / IT 1,339,064 98,524 972,341 366,723 72.61% Human Resources 275,387 22,503 204,784 70,603 74.36% City Hall Operations and Maintenance 306,043 23,749 161,524 144,519 52.78% Community & Public Works- Engineering 1,662,775 107,876 970,761 692,014 58.38% Community & Public Works - Econ Dev 970,642 100,603 651,747 318,895 67.15% Community & Public Works- Bldg & Planning 2,175,849 153,741 1,413,999 761,850 64.99% Parks & Rec - Administration 301,083 22,002 206,212 94,871 68.49% Parks & Rec - Maintenance 893,700 148,336 577,961 315,739 64.67% Parks & Rec - Recreation 260,574 18,349 161,645 98,929 62.03% Parks & Rec - Aquatics 492,900 79,306 423,732 69,168 85.97% Parks & Rec - Senior Center 98,229 7,117 68,947 29,282 70.19% Parks & Rec - CenterPlace 910,468 61,107 609,931 300,537 66.99% General Government 1,261,610 96,133 678,471 583,139 53.78% Transfers out - #204 ('16 LTGO bond debt service) 399,350 33,279 299,513 99,837 75.00% Transfers out - #309 (park capital projects) 160,000 13,333 120,000 40,000 75.00% Transfers out - #311 (Pavement Preservation) 962,700 80,225 722,025 240,675 75.00% Transfers out - #501 36,600 3,050 27,450 9,150 75.00% Transfers out - #502 (insurance premium) 370,000 30,833 277,500 92,500 75.00% Total Recurring Expenditures 40,898,379 3,327,133 28,175,403 12,722,976 68.89% Recurring Revenues Over (Under) Recurring Expenditures 2,109,221 (281,829) 1,317,189 (792,032) Page 6 P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2018 #001 - GENERAL FUND - continued NONRECURRING ACTIVITY Revenues Transfers in - #106 (Repymt of Solid Waste) Miscellaneous Budget Year Elapsed = 2018 75.00% 2018 Budget Actual Actual through Budget September September 30 Remaining % of Budget 40,425 0 3,369 30,319 (10,106) 75.00% 0 0 0 0.00% Total Nonrecurring Revenues 40,425 3,369 30,319 (10,106) 75.00% Expenditures General Government - IT capital replacements 115,000 0 23,877 91,123 20.76% City Attorney (part-time attorney furniture) 4,809 0 4,809 0 100.00% Public Safety (full facility generator) 100,000 0 0 100,000 0.00% Deputy City Manager (Q -Alert software) 11,700 0 11,700 0 100.00% Community & Public Works (Retail Recruitment) 50,000 13,000 23,000 27,000 46.00% Parks & Rec (Flooring in Great Room & Dining Room 50,000 0 0 50,000 0.00% Parks & Rec (CP reseal two bathroom floors) 3,000 0 0 3,000 0.00% Generator for City Hall 200,000 0 0 200,000 0.00% Transfers out - #122 (replenish reserve) 490,000 0 490,000 0 100.00% Transfers out - #309 (CP outdoor venue Phase 1) 200,000 0 0 200,000 0.00% Transfers out - #309 (Browns Park lighting & path) 200,000 0 0 200,000 0.00% Transfers out - #312 3,795,429 0 3,795,429 0 100.00% Total Nonrecurring Expenditures 5,219,938 Nonrecurring Revenues Over (Under) Nonrecurring Expenditures Excess (Deficit) of Total Revenues Over (Under) Total Expenditures Beginning fund balance Ending fund balance 13,000 4,348,815 871,123 83.31% (5,179,513) (9,631) (4,318,496) 861,017 (3,070,292) (291,461) (3,001,307) 33,664,222 33,664,222 30,593,930 30,662,915 Page 7 68,985 P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2018 SPECIAL REVENUE FUNDS #101 - STREET FUND RECURRING ACTIVITY Budget Year Elapsed = 2018 75.00% 2018 Budget Actual Actual through Budget September September 30 Remaining % of Budget Revenues Telephone Utility Tax 1,900,000 148,158 1,098,583 (801,417) 57.82% Motor Vehicle Fuel (Gas) Tax 2,052,400 204,575 1,379,099 (673,301) 67.19% Multimodal Transportation 133,800 33,380 100,149 (33,651) 74.85% Right -of -Way Maintenance Fee 70,000 0 7,129 (62,871) 10.18% Investment Interest 6,000 1,429 11,276 5,276 187.93% Miscellaneous Revenue 10,000 93 22,265 12,265 222.65% Total Recurring Revenues 4,172,200 387,635 2,618,500 (1,553,700) 62.76% Expenditures Wages / Benefits / Payroll Taxes 771,019 53,297 564,461 206,558 73.21 % Supplies 112,500 3,420 70,121 42,379 62.33% Services & Charges 2,141,751 61,066 1,198,377 943,374 55.95% Snow Operations 504,800 53,242 418,412 86,388 82.89% Intergovernmental Payments 851,000 0 377,686 473,314 44.38% Interfund Transfers -out - #001 39,700 3,308 29,775 9,925 75.00% Interfund Transfers -out - #501 (non -plow vehicle rei 21,250 1,771 15,938 5,312 75.00% Interfund Transfers -out - #501 (plow replace.) 77,929 6,494 58,447 19,482 75.00% Interfund Transfers -out - #311 (pavement preserval 67,342 5,612 50,506 16,836 75.00% Total Recurring Expenditures 4,587,291 188,210 2,783,723 1,803,568 60.68% Recurring Revenues Over (Under) Recurring Expenditures (415,091) 199,425 (165,222) 249,869 NONRECURRING ACTIVITY Revenues Grant proceeds 0 0 0 0 0.00% Insurance proceeds (traffic signal cabinet) 0 0 11,712 11,712 0.00% Utility tax recovery 0 0 96,260 96,260 0.00% Interest & penalties on utility taxes 0 0 160,253 160,253 0.00% Total Nonrecurring Revenues 0 0 268,225 268,225 0.00% Expenditures Traffic Control Devices -Repair & Maintenance 15,000 0 27,730 (12,730) 184.87% Total Nonrecurring Expenditures 15,000 0 27,730 (12,730) 184.87% Nonrecurring Revenues Over (Under) Nonrecurring Expenditures (15,000) 0 240,495 255,495 Excess (Deficit) of Total Revenues Over (Under) Total Expenditures (430,091) 199,425 75,273 505,364 Beginning fund balance 1,067,294 1,067,294 Ending fund balance 637,203 1,142,567 Page 8 P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2018 SPECIAL REVENUE FUNDS - continued #103 - PATHS & TRAILS Revenues Motor Vehicle Fuel (Gas) Tax Investment Interest Total revenues Budget Year Elapsed = 2018 75.00% 2018 Budget Actual Actual through Budget September September 30 Remaining % of Budget 8,700 863 5,817 (2,883) 66.86% 0 3 363 363 0.00% 8,700 866 6,179 (2,521) 71.03% Expenditures Capital Outlay Transfers out - #309 (Appleway Trail - Sullivan to Co Total expenditures 0 0 0 0 0.00% 50,000 0 50,000 0 100.00% 50,000 0 50,000 0 100.00% Revenues over (under) expenditures (41,300) 866 (43,821) (2,521) Beginning fund balance 46,324 46,324 Ending fund balance 5,024 2,503 #104 - TOURISM FACILITIES HOTEL/MOTEL TAX FUND Revenues Tourism Facilities Hotel/Motel Tax 377,000 50,532 265,918 (111,082) 70.54% Investment Interest 1,500 2,078 13,858 12,358 923.87% Interfund Transfer -in - #105 0 0 0 0 0.00% Total revenues 378,500 Expenditures Capital Expenditures 0 Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance #105 - HOTEL / MOTEL TAX FUND Revenues Hotel/Motel Tax Investment Interest 52,610 279,776 (98,724) 73.92% 0 0 0 0.00% 0 0 0 0 0.00% 378,500 52,610 279,776 (98,724) 1,228,595 1,228,595 1,607,095 1,508,371 580,000 79,368 412,257 (167,743) 71.08% 1,000 712 3,505 2,505 350.45% Total revenues 581,000 Expenditures Interfund Transfers - #001 30,000 Tourism Promotion 572,000 80,080 415,761 (165,239) 71.56% 0 0 30,000 0.00% 5,927 126,607 445,393 22.13% Total expenditures 602,000 Revenues over (under) expenditures Beginning fund balance Ending fund balance 5,927 126,607 475,393 21.03% (21,000) 221,867 74,153 289,154 221,867 200,867 511,021 (640,631) #106 - SOLID WASTE Revenues Solid Waste Administrative Fees 225,000 12,550 112,568 112,432 50.03% Solid Waste Road Wear Fee 0 144,328 646,057 (646,057) 0.00% Investment Interest 0 1,246 4,728 (4,728) 0.00% Grant Proceeds 0 0 0 0 0.00% Total revenues 225,000 158,125 763,353 (538,353) 339.27% Expenditures Interfund Transfers -#001 40,425 3,369 30,319 10,106 75.00% Education & Contract Administration 184,575 711 19,565 165,011 10.60% Total expenditures 225,000 4,080 49,883 175,117 22.17% Revenues over (under) expenditures 0 154,045 713,470 (713,470) Beginning fund balance 190,682 190,682 Ending fund balance 190,682 904,152 Page 9 P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2018 SPECIAL REVENUE FUNDS - continued #107 - PEG FUND Revenues Comcast PEG Contribution Investment Interest Total revenues Budget Year Elapsed = 2018 75.00% 2018 Budget Actual Actual through Budget September September 30 Remaining % of Budget 79,000 0 41,656 37,344 52.73% 0 85 512 (512) 0.00% 79,000 85 42,168 36,832 53.38% Expenditures PEG Reimbursement - CMTV 40,200 0 38,956 1,244 96.90% Capital Outlay 31,000 0 7,642 23,358 24.65% Total expenditures 71,200 0 46,597 24,603 65.45% Revenues over (under) expenditures 7,800 85 (4,429) 12,229 Beginning fund balance 54,837 54,837 Ending fund balance 62,637 50,408 #120 - CENTER PLACE OPERATING RESERVE FUND Revenues Investment Interest Interfund Transfer 0 0 0 0 0 0.00% 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations Total expenditures 0 0 0 0 0.00% 0 0 0 0 0.00% Revenues over (under) expenditures 0 0 0 0 Beginning fund balance 300,000 300,000 Ending fund balance 300,000 300,000 #121 - SERVICE LEVEL STABILIZATION RESERVE FUND Revenues Investment Interest Interfund Transfer 0 0 0 0 0 0.00% 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations Total expenditures 0 0 0 0 0.00% 0 0 0 0 0.00% Revenues over (under) expenditures 0 0 0 0 Beginning fund balance 5,500,000 5,500,000 Ending fund balance 5,500,000 5,500,000 #122 - WINTER WEATHER RESERVE FUND Revenues Investment Interest 3,500 684 2,161 (1,339) 61.73% Interfund Transfer -in - #001 490,000 0 490,000 0 100.00% Grant Reimbursement for Windstorm Cleanup 0 0 0 0 0.00% Subtotal revenues 493,500 684 492,161 (1,339) 99.73% Expenditures Snow removal expenses 500,000 0 0 500,000 0.00% Total expenditures 500,000 0 0 500,000 0.00% Revenues over (under) expenditures (6,500) 684 492,161 (501,339) Beginning fund balance 7,717 7,717 Ending fund balance 1,217 499,878 Page 10 P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2018 DEBT SERVICE FUNDS #204 - DEBT SERVICE FUND Revenues Spokane Public Facilities District Interfund Transfer -in - #001 Interfund Transfer -in - #301 Interfund Transfer -in - #302 Total revenues Budget Year Elapsed = 2018 75.00% 2018 Budget Actual Actual through Budget September September 30 Remaining % of Budget 414,050 0 92,025 (322,025) 22.23% 399,350 33,279 299,513 (99,837) 75.00% 82,000 6,833 61,500 (20,500) 75.00% 82,000 6,833 61,500 (20,500) 75.00% 977,400 46,946 514,537 (462,863) 52.64% Expenditures Debt Service Payments - CenterPlace 414,050 0 92,025 322,025 22.23% Debt Service Payments - Roads 164,000 0 14,500 149,500 8.84% Debt Service Payments -'16 LTGO Bond 399,350 0 122,175 277,175 30.59% Total expenditures 977,400 0 228,700 748,700 23.40% Revenues over (under) expenditures 0 46,946 285,837 (1,211,563) Beginning fund balance 0 0 Ending fund balance 0 285,837 Page 11 P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2018 CAPITAL PROJECTS FUNDS #301 - CAPITAL PROJECTS FUND Revenues REET 1 - Taxes Investment Interest Total revenues Budget Year Elapsed = 2018 75.00% 2018 Budget Actual Actual through Budget September September 30 Remaining % of Budget 800,000 130,813 1,202,061 402,061 150.26% 7,500 4,096 27,840 20,340 371.20% 807,500 134,909 1,229,901 422,401 152.31% Expenditures Interfund Transfer -out - #204 82,000 6,833 61,500 20,500 75.00% Interfund Transfer -out - #303 1,048,852 (1,099) 321,164 727,688 30.62% Interfund Transfer -out - #311 (pavement preserve 685,329 0 0 685,329 0.00% Total expenditures 1,816,181 5,735 382,664 1,433,517 21.07% Revenues over (under) expenditures (1,008,681) 129,174 847,237 (1,011,116) Beginning fund balance 2,125,374 2,125,374 Ending fund balance 1,116,693 2,972,611 #302 - SPECIAL CAPITAL PROJECTS FUND Revenues REET 2 - Taxes Investment Interest 800,000 8,000 130,813 1,202,061 5,385 36,674 402,061 150.26% 28,674 458.43% Total revenues 808,000 136,198 1,238,735 430,735 153.31% Expenditures Interfund Transfer -out - #204 82,000 6,833 61,500 20,500 75.00% Interfund Transfer -out - #303 1,003,544 0 277,524 726,020 27.65% Interfund Transfer -out - #311 (pavement preserve 685,329 0 0 685,329 0.00% Total expenditures 1,770,873 6,833 339,024 1,431,849 19.14% Revenues over (under) expenditures (962,873) 129,365 899,711 (1,001,114) Beginning fund balance 3,008,424 3,008,424 Ending fund balance 2,045,551 3,908,135 Page 12 P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2018 CAPITAL PROJECTS FUNDS - continued #303 STREET CAPITAL PROJECTS FUND Revenues Grant Proceeds Developer Contribution Transfer -in - #301 Transfer -in - #302 Transfer -in - #312 Investment Interest Total revenues Budget Year Elapsed = 2018 75.00% 2018 Actual Actual through Budget % of Budget September September 30 Remaining Budget 8,919,182 1,239,012 3,744,532 (5,174,650) 41.98% 65,212 0 0 (65,212) 0.00% 1,048,852 (1,099) 321,164 (727,688) 30.62% 1,003,544 0 277,524 (726,020) 27.65% 115,000 (1,251,465) (1,251,465) (1,366,465) -1088.23% 0 0 214 214 0.00% 11,151,790 (13,552) 3,091,968 (8,059,822) 27.73% Expenditures 123 Mission Ave -Flora to Barker 3,625,716 836,226 1,632,996 1,992,720 45.04% 141 Sullivan & Euclid PCC 0 0 14,722 (14,722) 0.00% 142 Broadway @ Argonne/Mullan 2,250,000 848,311 1,849,063 400,937 82.18% 155 Sullivan Rd W Bridge Replacement 0 0 898 (898) 0.00% 166 Pines Rd. (SR27) & Grace Ave. Int. Safety 402,710 229,565 452,415 (49,705) 112.34% 201 ITS Infill Project Phase 1 (PE Start 2014) 378,172 128,627 348,626 29,546 92.19% 205 Sprague/Barker Intersection Improvement 35,700 0 0 35,700 0.00% 221 McDonald Rd Diet (16th to Mission) 1,000 0 0 1,000 0.00% 222 Citywide Reflective Signal Backplates 17,000 541 13,101 3,899 77.07% 239 Bowdish Rd & 12th Ave. Sidewalk 5,000 0 0 5,000 0.00% 247 8th & Carnahan Intersection Improvements 0 988 422,741 (422,741) 0.00% 249 Sullivan & Wellesley Intersection 268,000 506 49,980 218,020 18.65% 250 9th Ave Sidewalk 2,000 0 0 2,000 0.00% 251 Euclid Ave Reconstruction Project 5,000 0 244,629 (239,629) 4892.58% 258 32nd Ave Sidewalk-SR27 to Evergreen 407,870 16,875 37,491 370,379 9.19% 259 North Sullivan ITS Project 808,723 29 58,625 750,098 7.25% 263 Citywide Signal Backplates 24,526 541 94,611 (70,085) 385.76% 264 8th Ave Sidewalk - Dicky to Thierman 458,958 30 355,374 103,584 77.43% 265 Wellesley Sidewalk Project 647,665 0 18,727 628,938 2.89% 267 Mission SW- Bowdish to Union 60,250 4,343 16,081 44,169 26.69% 273 Barker/I-90 Interchange 0 1,506 3,859 (3,859) 0.00% 275 Barker Rd Widening - River to Euclid 0 185 214 (214) 0.00% 276 Barker Rd Widening - Euclid to Garland 0 464 464 (464) 0.00% 277 Barker Rd Widening - Garland to Trent 0 203 203 (203) 0.00% 278 Wilbur Sidewalk - Boone to Broadway 0 0 295 (295) 0.00% 279 Know Ave Sidewalk: Hutchinson to Sargent 0 0 162 (162) 0.00% 281 Highland Estates Connector 0 351 351 (351) 0.00% Barker Road Corridor 106,500 0 0 106,500 0.00% Coleman Sidewalk 25,000 0 0 25,000 0.00% Argonne Reconstruction - Indiana to Montgomery 512,000 0 0 512,000 0.00% Indiana Bus Stops & Crosswalks 110,000 0 0 110,000 0.00% Contingency 1,000,000 0 0 1,000,000 0.00% Total expenditures 11,151,790 2,069,292 5,615,628 5,536,162 Revenues over (under) expenditures 0 (2,082,844) (2,523,660) (13,595,984) Beginning fund balance 66,692 66,692 Ending fund balance 66,692 (2,456,968) Note: Work performed in the Street Capital Projects Fund for preservation projects is for items such as sidewalk upgrades that were bid with the pavement preservation work. Page 13 50.36% P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2018 CAPITAL PROJECTS FUNDS - continued Budget Year Elapsed = 2018 75.00% 2018 Budget Actual Actual through Budget September September 30 Remaining % of Budget #309 - PARKS CAPITAL PROJECTS FUND Revenues Grant Proceeds 1,693,200 0 1,461,623 (231,577) 86.32% Interfund Transfer -in - #001 560,000 13,333 120,000 (440,000) 21.43% Transfers in - #103 (Appleway Trail) 50,000 0 50,000 0 100.00% Transfers in -#312 (Appleway Trail) 324,100 0 115 (323,985) 0.04% Investment Interest 0 0 183 183 0.00% Total revenues 2,627,300 13,333 1,631,921 (995,379) 62.11% Expenditures 227 Appleway Trail - Pines to Evergreen 0 0 14,795 (14,795) 0.00% 237 Appleway Trail - Sullivan to Corbin 2,086,300 693 2,076,315 9,985 99.52% 268 Appleway Trail - Evergreen to Sullivan 164,000 3,360 4,212 159,788 2.57% 270 CenterPlace outdoor venue - Phase I 200,000 0 206,719 (6,719) 103.36% 271 Browns Park lighting and pathway 200,000 0 21,884 178,116 10.94% 274 Park Signs Ph III (Sullivan, Park Rd, Balfour) 24,000 388 729 23,271 3.04% Total expenditures 2,674,300 4,441 2,324,654 349,646 86.93% Revenues over (under) expenditures (47,000) 8,892 (692,734) (1,345,025) Beginning fund balance 126,202 126,202 Ending fund balance 79,202 (566,532) #310 - CIVIC FACILITIES CAPITAL PROJECTS FUND Revenues Investment Interest Total revenues Expenditures Transfers out Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance 5,900 1,174 8,570 2,670 145.26% 5,900 1,174 8,570 2,670 145.26% 0 0 0 0 0.00% 0 0 0 0 0.00% 5,900 1,174 8,570 2,670 843,688 843,688 849,588 852,258 Note: The fund balance includes $839,285.10 paid by the Library District for 2.82 acres at the Balfour Park site. If the District does not succeed in getting a voted bond approved by October 2017 then the City may repurchase this land at the original sale price of $839,285.10. #311 - PAVEMENT PRESERVATION FUND Revenues Interfund Transfers in- #001 962,700 80,225 722,025 (240,675) 75.00% Interfund Transfers in- #101 67,342 5,612 50,506 (16,836) 75.00% Interfund Transfers in- #301 685,329 0 0 (685,329) 0.00% Interfund Transfers in- #302 685,329 0 0 (685,329) 0.00% Grant Proceeds 2,572,500 0 1,287,644 (1,284,856) 50.05% Investment Interest 0 5,494 37,544 37,544 0.00% Total revenues 4,973,200 91,331 2,097,720 (2,875,480) 42.18% Expenditures Pre -Project GeoTech Services 50,000 0 0 50,000 0.00% Pavement Preservation 4,008,600 0 116,019 3,892,581 2.89% 226 Appleway Resurfacing, Park to Dishman Mica 0 0 341 (341) 0.00% 240 Saltese Road Preservation 0 0 33 (33) 0.00% 248 Sprague Street Pres - Sullivan to Corbin 0 115,215 1,277,130 (1,277,130) 0.00% 252 Argonne Resurfacing: Broadway to Indiana 0 0 51,839 (51,839) 0.00% 253 Mission - Pines to McDonald 0 0 36 (36) 0.00% 254 Mission - McDonald to Evergreen 0 12,902 32,930 (32,930) 0.00% 269 Evergreen - Mission Connector to Indiana 0 1,176 1,377 (1,377) 0.00% 272 Euclid Ave Preservation Project 0 10,914 17,952 (17,952) 0.00% Total expenditures 4,058,600 140,208 1,497,656 2,560,944 36.90% Revenues over (under) expenditures 914,600 (48,877) 600,063 (5,436,424) Beginning fund balance 3,362,503 3,362,503 Ending fund balance 4,277,103 3,962,566 Page 14 P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2018 CAPITAL PROJECTS FUNDS - continued #312 - CAPITAL RESERVE FUND Revenues Transfers in - #001 Transfers in - #313 Investment Interest Total revenues Budget Year Elapsed = 2018 75.00% 2018 Budget Actual Actual through Budget September September 30 Remaining % of Budget 3,795,429 0 3,795,429 0 100.00% 74,960 0 0 (74,960) 0.00% 16,000 13,135 64,043 48,043 400.27% 3,886,389 13,135 3,859,472 (26,917) 99.31% Expenditures 215 City Hall Construction Project 0 0 5,383 Transfers out - #303 115,000 (1,251,465) (1,251,465) Transfers out - #309 324,100 0 115 (5,383) 1,366,465 323,985 0.00% -1088.23% 0.04% Total expenditures 439,100 (1,251,465) (1,245,967) Revenues over (under) expenditures 3,447,289 1,264,600 5,105,439 Beginning fund balance 4,427,286 4,427,286 Ending fund balance 7,874,575 9,532,725 #313 - CITY HALL CONSTRUCTION FUND Revenues Investment Interest 0 1,685,067 (1,711,983) -283.75% 120 856 856 0.00% Total revenues 0 120 856 856 0.00% Expenditures Capital Outlay - City Hall Transfers out - #312 0 0 14,856 (14,856) 0.00% 74,960 0 0 74,960 0.00% Total expenditures 74,960 0 14,856 60,104 19.82% Revenues over (under) expenditures (74,960) 120 (14,000) (59,248) Beginning fund balance 101,076 101,076 Ending fund balance 26,116 87,076 #314 - RAILROAD GRADE SEPARATION PROJECTS FUND Grant Proceeds 1,919,921 0 311,628 (1,608,293) Investment Interest 0 1,537 10,347 10,347 16.23% 0.00% Total revenues 1,919,921 Expenditures 143 Barker Rd/BNSF Grade Separation 1,919,921 223 Pines Rd Underpass 1,000,000 Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance 1,537 321,975 (1,597,946) 16.77% 26,142 251,473 3,703 27,781 1,668,448 13.10% 972,219 2.78% 2,919,921 (1,000,000) 1,068,803 29,845 (28,308) 279,254 42,721 1,068,803 68,803 1,111,524 Page 15 2,640,667 (4,238,613) 9.56% P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2018 ENTERPRISE FUNDS #402 - STORMWATER FUND RECURRING ACTIVITY Revenues Stormwater Management Fees Investment Interest Budget Year Elapsed = 2018 75.00% 2018 Budget Actual Actual through Budget September September 30 Remaining % of Budget 1,870,000 13,832 1,123,578 (746,422) 60.08% 7,500 3,123 24,921 17,421 332.29% Total Recurring Revenues 1,877,500 16,954 1,148,500 (729,000) 61.17% Expenditures Wages / Benefits / Payroll Taxes 557,157 29,405 307,143 250,014 55.13% Supplies 14,800 447 5,818 8,982 39.31% Services & Charges 1,140,982 75,331 708,244 432,738 62.07% Intergovernmental Payments 35,000 36,895 53,877 (18,877) 153.93% Vehicle Rentals - #501 12,750 0 0 12,750 0.00% Interfund Transfers -out - #001 13,400 1,117 10,050 3,350 75.00% Total Recurring Expenditures 1,774,089 143,194 1,085,132 688,957 61.17% Recurring Revenues Over (Under) Recurring Expenditures 103,411 (126,240) 63,368 (40,043) NONRECURRING ACTIVITY Revenues Grant Proceeds 65,000 0 88,016 23,016 135.41% Total Nonrecurring Revenues 65,000 0 88,016 23,016 135.41% Expenditures Capital - various projects 450,000 0 0 450,000 0.00% 166 Pines Rd (SR27) & Grace Ave Int Safety 0 0 0 0 0.00% 193 Effectiveness Study 15,000 0 0 15,000 0.00% 248 Sprague Street Pres - Sullivan to Corbin 0 20,761 204,179 (204,179) 0.00% 264 8th Ave Sidewalk - Dicky to Thierman 0 0 83,803 (83,803) 0.00% Watershed Studies 60,000 0 0 60,000 0.00% Total Nonrecurring Expenditures 525,000 Nonrecurring Revenues Over (Under) Nonrecurring Expenditures Excess (Deficit) of Total Revenues Over (Under) Total Expenditures Beginning working capital Ending working capital 20,761 287,982 237,018 54.85% (460,000) (20,761) (356,589) (147,001) 1,973,424 (199,965) 260,035 (136,597) 1,973,424 1,616,835 1,836,827 Note: Work performed in the Stormwater Fund for preservation projects is for stormwater improvements that were bid with the pavement preservation work. 219,992 #403 - AQUIFER PROTECTION AREA Revenues Spokane County 460,000 0 253,990 (206,010) 55.22% Grant Proceeds 0 0 445,205 445,205 0.00% Investment Interest 0 2,376 17,581 17,581 0.00% Total revenues 460,000 Expenditures Capital - various projects Total expenditures Revenues over (under) expenditures Beginning working capital Ending working capital 2,376 716,776 256,776 155.82% 400,000 107,030 407,300 (7,300) 101.82% 400,000 107,030 407,300 (7,300) 101.82% 60,000 1,413,073 (104,654) 309,476 1,413,073 1,473,073 1,722,549 Page 16 264,076 P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Budget to Actual Comparison of Revenues and Expenditures For the Nine -Month Period Ended September 30, 2018 INTERNAL SERVICE FUNDS Budget Year Elapsed = 2018 75.00% 2018 Budget Actual Actual through Budget September September 30 Remaining % of Budget #501 - ER&R FUND Revenues Interfund vehicle lease - #001 30,000 2,500 22,500 (7,500) 75.00% Interfund vehicle lease - #101 21,250 1,771 15,938 (5,312) 75.00% Interfund vehicle lease -#101 (plow replace) 77,929 6,494 58,447 (19,482) 75.00% Interfund vehicle lease - #402 12,750 1,063 9,563 (3,187) 75.00% Transfer in - #001 (CenterPlace kitchen reserve) 36,600 3,050 27,450 (9,150) 75.00% Investment Interest 4,000 1,709 11,695 7,695 292.39% Total revenues 182,529 16,587 145,592 (36,937) 79.76% Expenditures Small tools and minor equipment 20,000 0 0 20,000 0.00% Fleet maintenance 0 1,671 2,628 (2,628) 0.00% Total expenditures 20,000 1,671 2,628 17,372 13.14% Revenues over (under) expenditures 162,529 14,916 142,964 (54,308) Beginning working capital 1,096,283 1,096,283 Ending working capital 1,258,812 1,239,247 #502 - RISK MANAGEMENT FUND Revenues Investment Interest Interfund Transfer - #001 0 370,000 238 577 577 0.00% 30,833 277,500 (92,500) 75.00% Total revenues 370,000 Expenditures Auto & Property Insurance 370,000 Unemployment Claims Total expenditures Revenues over (under) expenditures Beginning working capital Ending working capital 31,071 278,077 (91,923) 75.16% 0 733 345,769 24,231 93.45% 0 4,148 (4,148) 0.00% 370,000 733 349,917 20,083 94.57% 0 30,338 (71,840) (112,006) 244,261 244,261 244,261 172,421 SUMMARY FOR ALL FUNDS Total of Revenues for all Funds 79,098,354 4,220,876 50,781,651 Per Revenue Status Report 79,098,354 4,220,876 50,781,651 Difference - - - Total of Expenditures for all Funds Per Expenditure Status Report 81,141,022 81,141,022 4,816,627 4,816,627 47,178,187 47,178,187 Total Capital expenditures (included in total expenditures) 22,035,785 2,370,493 10,395,950 Page 17 P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Investment Report For the Nine -Month Period Ended September 30, 2018 Beginning Deposits Withdrawls Interest Ending 001 General Fund 101 Street Fund 103 Trails & Paths 104 Tourism Facilities Hotel/Motel 105 Hotel/Motel 106 Solid Waste Fund 107 PEG Fund 120 CenterPlace Operating Reserve 121 Service Level Stabilization Reserve 122 Winter Weather Reserve 301 Capital Projects 302 Special Capital Projects 303 Street Capital Projects Fund 309 Parks Capital Project 310 Civic Buildings Capital Projects 311 Pavement Preservation 312 Capital Reserve Fund 313 City Hall Construction Fund 314 Railroad Grade Separation Projects 402 Stormwater Management 403 Aquifer Protection Fund 501 Equipment Rental & Replacement 502 Risk Management "Local Government Investment Pool 10/11/2018 LGI P" UMPQUA CD #9731 UMPQUA CD #0689 Total Investments $ 53, 504,183.98 $ 3, 000, 000.00 $ 2, 011, 894.91 $ 60,146,128.50 2,932,682.41 0.00 0.00 2,932,682.41 0.00 0.00 0.00 0.00 91,203.10 0.00 0.00 91,203.10 $ 56,528,069.49 $ 3,000,000.00 $ 2,011,894.91 $ 61,539,964.40 matures: 6/28/2019 11/15/2018 rate: 2.30% 1.50% Balance Earnings Current Period Year to date Budget $ 28, 381,143.74 $ 46, 578.00 885, 831.29 1,429.21 2,138.14 3.45 1,288,150.02 2,078.32 441,474.04 712.28 772, 519.26 1,246.39 52,531.52 84.76 0.00 0.00 5, 500, 000.00 0.00 424,192.04 684.40 2,538,612.39 4,095.83 3,337,550.64 5,384.85 0.00 0.00 0.00 0.00 727, 829.23 1,174.29 3,405,447.75 5,494.39 8,140, 955.02 13,134.72 74, 363.11 119.98 952, 402.60 1,536.62 1, 935, 501.10 3,122.76 1,472,688.40 2,376.05 1, 059, 386.45 1,709.23 147,247.66 237.57 381,278.81 $ 11,275.56 362.63 13, 858.06 3,504.52 4,728.35 511.86 0.00 0.00 2,160.64 27, 839.83 36, 674.38 213.54 182.54 8,570.18 37, 544.14 64, 043.49 855.99 10, 346.84 24, 921.43 17, 581.29 11, 695.47 576.98 136, 000.00 6,000.00 0.00 1,500.00 1,000.00 0.00 0.00 0.00 0.00 3,500.00 7,500.00 8,000.00 0.00 0.00 5,900.00 0.00 16, 000.00 0.00 0.00 7,500.00 0.00 4,000.00 0.00 $ 61,539,964.40 $ 91,203.10 $ 658,726.53 $ 196,900.00 Page 18 P:\Finance\Finance Activity Reports\Council Monthly Reports\2018\2018 09 30.xlsx CITY OF SPOKANE VALLEY, WA Sales Tax Receipts For the Nine -Month Period Ended September 30, 2018 Month Received 2017 2018 10/11/2018 Difference February 2,250,071.29 2,353,128.35 103,057.06 4.58% March 1,553,546.20 1,744,900.00 191, 353.80 12.32% April 1,567,402.86 1,757,754.18 190, 351.32 12.14% May 1,962,909.06 2,173,916.87 211,007.81 10.75% June 1,765,547.51 1,991,560.58 226,013.07 12.80% July 1,980,537.73 2,115,585.73 135,048.00 6.82% August 2,191,814.27 2,328,306.22 136,491.95 6.23% September 2,119,588.28 2,238,047.38 118,459.10 5.59% 15,391,417.20 October 2,207,153.00 November 2,151, 642.69 December 2,000,238.81 January 2,086,747.36 16, 703,199.31 23, 837,199.06 16, 703,199.31 1,311,782.11 8.52% Sales tax receipts reported here reflect remittances for general sales tax, criminal justice sales tax and public safety tax. The sales tax rate for retail sales transacted within the boundaries of the City of Spokane Valley is 8.8%. The tax that is paid by a purchaser at the point of sale is remitted by the vendor to the Washington State Department of Revenue who then remits the taxes back to the various agencies that have imposed the tax. The allocation of the total 8.8% tax rate to the agencies is as follows: - State of Washington 6.50% - City of Spokane Valley 0.85% - Spokane County 0.15% - Spokane Public Facilities District 0.10% * - Criminal Justice 0.10% - Public Safety 0.10% * 2.30% local tax - Juvenile Jail 0.10% * - Mental Health 0.10% * - Law Enforcement Communications 0.10% * - Spokane Transit Authority 0.70% * 8.80% Indicates voter approved sales taxes In addition to the .85% reported above that the City receives, we also receive a portion of the Criminal Justice and Public Safety sales taxes. The distribution of those taxes is computed as follows: Criminal Justice: The tax is assessed county -wide and of the total collected, the State distributes 10% of the receipts to Spokane County, with the remainder allocated on a per capita basis to the County and the cities within the County. Public Safety: The tax is assessed county -wide and of the total collected, the State distributes 60% of the receipts to Spokane County, with the remainder allocated on a per capita basis to the cities within the County. Page 19 i r CITY OF SPOKANE VALLEY, WA Sales Tax Collections - August For the years 2009 through 2018 January February March April May June July August Collected to date P:\Finance\Finance Activity Reports\Tax Revenue\Sales Tax\2018\sales tax collections 2018.xlsx 2009 1 2010 1 2011 1 2012 1 2013 1 2014 1 2015 1 2016 1 2017 1 2018 1,484,350 1,098,575 1,068,811 1,134, 552 1,098,054 1,151,772 1,309,401 1,212, 531 1,491,059 963,749 1,018,468 1,184,137 1,102, 523 1,123, 907 1,260,873 1,211,450 1,460,548 990,157 1,015,762 1,284,180 1,187, 737 1,248,218 1,332,834 1,279,500 1,589,887 1,009,389 1,067,733 1,277,621 1,174, 962 1,290,976 1,302,706 1,299,678 1,671,269 1,133, 347 1,148, 486 1,358,834 1,320,449 1,389,802 1,424,243 1,465,563 1,677,887 1,170, 640 1,201,991 1,448,539 1,400,956 1,462,558 1,545,052 1,575,371 1,732,299 1,197, 323 1,235,252 1,462,096 1,373,710 1,693,461 1,718,428 1,684,700 1,863,225 1,316,682 1,378,300 1,640,913 1,566,178 1,641,642 1,776,653 1,746,371 1,992,273 1,369,740 1,389,644 1,737,933 1,564,119 1,751,936 1,935,028 1,877,899 2,078,412 1,536,252 1,564,282 1,926,551 1,762,119 1,871,077 2,053,961 1,980,940 10/2/2018 2018 to 2017 Difference ok 86,139 4.32% 166,512 12.16% 174,638 12.57% 188,618 10.85% 198,000 12.66% 119,141 6.80% 118,933 6.15% 103,041 5.49% 9,558,046 9,356,166 9,798,936 10,012,952 10,911,993 11,482,994 12,097,269 12,929,964 13,618,572 14,773,594 1,155,022 8.48% September 1,227,813 1,191,558 1,294,403 1,383,123 1,466,148 1,552,736 1,563,950 1,816,923 1,946,689 0 October 1,236,493 1,269,505 1,291,217 1,358,533 1,439,321 1,594,503 1,618,821 1,822,998 1,898,067 0 November 1,155,647 1,139,058 1,217,933 1,349,580 1,362,021 1,426,254 1,487,624 1,652,181 1,768,817 0 December 1,070,245 1,141,012 1,247,920 1,323,189 1,408,134 1,383,596 1,441,904 1,664,983 1,856,989 0 Total Collections 14,248,244 14,097,299 14,850,409 15,427,377 16,587,617 17,440,083 18,209,568 19,887,049 21,089,134 14,773,594 Budget Estimate 17,860,000 14,410,000 14,210,000 14,210,000 15,250,000 16,990,000 17,628,400 18,480,500 19,852,100 20,881,900 Actual over (under) budg (3,611,756) (312,701) 640,409 1,217,377 1,337,617 450,083 581,168 1,406,549 1,237,034 (6,108,306) Total actual collections as a % of total budget 79.78% 97.83% 104.51 % 108.57% 108.77% 102.65% 103.30% 107.61 % 106.23% n/a % change in annual total collected (11.84%) (1.06%) 5.34% 3.89% 7.52% 5.14% 4.41% 9.21% 6.04% n/a % of budget collected through August 53.52% 64.93% 68.96% 70.46% 71.55% 67.59% 68.62% 69.97% 68.60% 70.75% % of actual total collected through August 67.08% 66.37% 65.98% 64.90% 65.78% 65.84% 66.43% 65.02% 64.58% n/a Chart Reflecting History of Collections through the Month of August 16,000,000 14,000,000 12,000,000 10,000,000 - 8,000,000 6,000,000 4,000,000 2,000,000 0 2009 2010 August 1 2011 2012 2013 2014 2015 2016 2017 2018 ■ August ■ July ■ June • May • April • March • February • January Page 20 CITY OF SPOKANE VALLEY, WA Hotel/Motel Tax Receipts through - Actual for the years 2009 through 2018 January February March April May June July August Total Collections P:\Finance\Finance Activity Reports\Tax Revenue\Lodging Tax\2018\105 hotel motel tax 2018.xlsx 2009 1 2010 1 2011 1 2012 1 2013 1 2014 1 2015 1 2016 1 2017 1 2018 10/8/2018 2018 to 2017 Difference 23,280 22,707 22,212 21,442 24,185 25,425 27,092 31,887 27,210 28,752 1,542 5.67% 23,284 23,417 22,792 21,549 25,975 26,014 27,111 27,773 26,795 28,878 2,083 7.77% 25,272 24,232 24,611 25,655 27,739 29,384 32,998 34,330 31,601 31,906 305 0.97% 36,254 39,463 38,230 52,130 40,979 48,246 50,455 52,551 52,242 57,664 5,422 10.38% 32,589 34,683 33,791 37,478 40,560 41,123 44,283 50,230 50,112 51,777 1,665 3.32% 40,415 39,935 41,403 43,971 47,850 52,618 56,975 55,060 60,637 62,048 1,411 2.33% 43,950 47,385 49,312 52,819 56,157 61,514 61,809 65,007 69,337 71,865 2,528 3.65% 50,147 54,923 57,452 57,229 63,816 70,384 72,697 73,700 76,972 79,368 2,396 3.11% 275,190 286,747 289,804 312,273 327,262 354,707 373,420 390,538 394,906 412,258 17,352 4.39% September 50,818 59,419 58,908 64,299 70,794 76,100 74,051 70,305 80,173 0 October 36,784 41,272 39,028 43,699 43,836 45,604 49,880 55,660 56,631 0 November 34,055 34,330 37,339 39,301 42,542 39,600 42,376 46,393 47,090 0 December 27,131 26,777 32,523 30,432 34,238 33,256 41,510 33,478 37,180 0 Total Collections 423,978 448,545 457,603 490,004 518,672 549,267 581,237 596,374 615,980 412,258 Budget Estimate 512,000 380,000 480,000 430,000 490,000 530,000 550,000 580,000 580,000 580,000 Actual over (under) budg (88,022) 68,545 (22,397) 60,004 28,672 19,267 31,237 16,374 35,980 (167,742) Total actual collections as a % of total budget % change in annual total collected % of budget collected through August 82.81% 118.04% 95.33% 113.95% 105.85% 103.64% 105.68% 102.82% 106.20% n/a (9.23%) 5.79% 2.02% 7.08% 5.85% 5.90% 5.82% 2.60% 3.29% n/a 53.75% 75.46% 60.38% 72.62% 66.79% 66.93% 67.89% 67.33% 68.09% 71.08% % of actual total collected through August 64.91% 63.93% 63.33% 63.73% 63.10% 64.58% 64.25% 65.49% 64.11% n/a Chart Reflecting History of Collections through the Month of August 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 2009 2010 2011 August 2012 2013 2014 2015 2016 2017 2018 • August ■ July ■ June • May ■ April • March • February • January Page 21 CITY OF SPOKANE VALLEY, WA 1st and 2nd 1/4% REET Collections through August Actual for the years 2009 through 2018 January February March April May June July August Collected to date P:\Finance\Finance Activity Reports\Tax Revenue\REET\2018\301 and 302 REET for 2018.xlsx 2009 1 2010 1 2011 2012 2013 2014 2015 2016 1 2017 1 2018 55,281 45,181 73,307 81,156 77,464 105,021 122,530 115,830 59,887 64,122 86,204 99,507 109,625 105,680 84,834 72,630 64,128 36,443 95,880 79,681 124,692 81,579 79,629 129,472 46,359 56,115 71,730 86,537 111,627 124,976 101,049 106,517 56,898 155,226 72,172 90,377 116,165 139,112 128,921 117,150 61,192 67,049 81,724 105,448 198,870 106,676 208,199 172,536 96,141 103,508 165,868 236,521 165,748 347,421 217,375 202,525 104,446 83,583 220,637 205,654 192,806 284,897 248,899 231,200 153,661 124,514 282,724 169,060 202,734 248,768 449,654 472,420 239,437 146,892 310,562 218,842 646,397 277,424 302,941 261,626 675,769 682,490 691,505 704,910 10/8/2018 2018 to 2017 Difference 85,776 55.82% 22,378 17.97% 27,838 9.85% 49,782 29.45% 443,663 218.84% 28,656 11.52% (146,713) (32.63%) (210,794) (44.62%) 876,021 1,001,693 1,535,107 1,572,124 2,103,535 2,404,121 300,586 14.29% September 93,862 75,812 68,020 63,517 174,070 152,323 179,849 178,046 187,348 0 October 113,961 93,256 61,396 238,095 117,806 123,505 128,833 253,038 207,895 0 November 133,265 72,021 74,753 104,886 78,324 172,227 129,870 186,434 229,800 0 December 71,366 38,725 65,077 74,300 75,429 117,682 157,919 164,180 278,995 0 Total distributed by Spokane County 1,088,222 962,304 960,751 1,185,707 1,321,650 1,567,429 2,131,578 2,353,822 3,007,573 2,404,121 Budget estimate 2,000,000 1,380,000 780,000 875,000 975,000 1,100,000 1,400,000 2,000,000 2,000,000 1,600,000 Actual over (under) budget (911,778) (417,696) 180,751 310,707 346,650 467,429 731,578 353,822 1,007,573 804,121 Total actual collections as a % of total budget 54.41% 69.73% 123.17% 135.51% 135.55% 142.49% 152.26% 117.69% 150.38% n/a % change in annual total collected (45.23%) (11.57%) (0.16%) 23.41% 11.47% 18.60% 35.99% 10.43% 27.77% n/a % of budget collected through August 33.79% 49.46% 88.65% 80.56% 89.85% 91.06% 109.65% 78.61% 105.18% 150.26% % of actual total collected through August 62.10% 70.92% 71.98% 59.45% 66.28% 63.91% 72.02% 66.79% 69.94% n/a Chart Reflecting History of Collections through the Month of August 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 August 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 • August ■ July ■ June • May ■ April • March • February • Ja nua ry Page 22 P:\Finance\Finance Activity Reports\Debt Capacity\2018\debt capacity 2018.xlsx CITY OF SPOKANE VALLEY, WA Debt Capacity 2017 Assessed Value for 2018 Property Taxes 8,634,114,798 Voted (UTGO) Nonvoted (LTGO) Voted park Voted utility 1.00% of assessed value 1.50% of assessed value 2.50% of assessed value 2.50% of assessed value Maximum Outstanding Remaining Debt as of Debt ok Capacity 12/31/2017 Capacity Utilized 86,341,148 129,511,722 215,852,870 215,852,870 647, 558, 610 0 86,341,148 12,790,000 116,721,722 0 215,852,870 0 215,852,870 12,790,000 634,768,610 0.00% 9.88% 0.00% 0.00% 1.98% 2014 LTGO Bonds 12/1/2014 Bonds 12/1/2015 Repaid 12/1/2016 12/1/2017 225,000 175,000 185,000 190,000 135,000 125,000 130,000 130,000 360,000 300,000 315,000 320,000 0 0 75,000 150,000 360,000 300,000 390,000 470,000 775,000 520,000 1,295,000 \ 225,000 1,520,000 12/1/2018 230,000 135,000 365,000 155,000 520,000 12/1/2019 255,000 140,000 395,000 160,000 555,000 12/1/2020 290,000 140,000 430,000 165,000 595,000 12/1/2021 320,000 145,000 465,000 170,000 635,000 12/1/2022 350,000 150,000 500,000 175,000 675,000 12/1/2023 390,000 155,000 545,000 180,000 725,000 12/1/2024 430,000 0 430,000 185,000 615,000 12/1/2025 465,000 0 465,000 95,000 660,000 12/1/2026 505,000 0 505,000 00,000 705,000 12/1/2027 395,000 0 395,000 2 5,000 600,000 12/1/2028 300,000 0 300,000 2 5,000 515,000 12/1/2029 245,000 0 245,000 220,000 465,000 12/1/2030 225,000 0 225,000 225,000 450,000 Bonds 12/1/2031 180,000 0 180,000 235,000 415,000 Remaining 12/1/2032 130,000 0 130,000 240,000 370,000 12/1/2033 165,000 0 165,000 250,000 415,000 12/1/2034 0 0 0 260,000 260,000 12/1/2035 0 0 0 270,000 270,000 12/1/2036 0 0 0 280,000 280,000 12/1/2037 0 0 0 290,000 290,000 12/1/2038 0 0 0 305,00 305,000 12/1/2039 0 0 0 315,00 315,000 12/1/2040 0 0 0 330,000 330,000 12/1/2041 0 0 0 340,000 340,000 12/1/2042 0 0 0 355,000 355,000 12/1/2043 0 0 0 365,000 365,000 12/1/2044 0 0 0 375,000 375,000 12/1/2045 0 0 0 390,000 390,000 4,875,000 865,000 5,740,000 7,050,000 12,790,000 5,650,000 1,385,000 7,035,000 7,275,000 14,310,000 Page 23 1/26/2018 Road & LTGO Bonds Period Street 2016 LTGO Grand Ending CenterPlace Improvements Total Bonds Total 12/1/2014 Bonds 12/1/2015 Repaid 12/1/2016 12/1/2017 225,000 175,000 185,000 190,000 135,000 125,000 130,000 130,000 360,000 300,000 315,000 320,000 0 0 75,000 150,000 360,000 300,000 390,000 470,000 775,000 520,000 1,295,000 \ 225,000 1,520,000 12/1/2018 230,000 135,000 365,000 155,000 520,000 12/1/2019 255,000 140,000 395,000 160,000 555,000 12/1/2020 290,000 140,000 430,000 165,000 595,000 12/1/2021 320,000 145,000 465,000 170,000 635,000 12/1/2022 350,000 150,000 500,000 175,000 675,000 12/1/2023 390,000 155,000 545,000 180,000 725,000 12/1/2024 430,000 0 430,000 185,000 615,000 12/1/2025 465,000 0 465,000 95,000 660,000 12/1/2026 505,000 0 505,000 00,000 705,000 12/1/2027 395,000 0 395,000 2 5,000 600,000 12/1/2028 300,000 0 300,000 2 5,000 515,000 12/1/2029 245,000 0 245,000 220,000 465,000 12/1/2030 225,000 0 225,000 225,000 450,000 Bonds 12/1/2031 180,000 0 180,000 235,000 415,000 Remaining 12/1/2032 130,000 0 130,000 240,000 370,000 12/1/2033 165,000 0 165,000 250,000 415,000 12/1/2034 0 0 0 260,000 260,000 12/1/2035 0 0 0 270,000 270,000 12/1/2036 0 0 0 280,000 280,000 12/1/2037 0 0 0 290,000 290,000 12/1/2038 0 0 0 305,00 305,000 12/1/2039 0 0 0 315,00 315,000 12/1/2040 0 0 0 330,000 330,000 12/1/2041 0 0 0 340,000 340,000 12/1/2042 0 0 0 355,000 355,000 12/1/2043 0 0 0 365,000 365,000 12/1/2044 0 0 0 375,000 375,000 12/1/2045 0 0 0 390,000 390,000 4,875,000 865,000 5,740,000 7,050,000 12,790,000 5,650,000 1,385,000 7,035,000 7,275,000 14,310,000 Page 23 1/26/2018 1 1 1 1 P:\Finance\Finance Activity Reports\Tax Revenue \MVFT\2018\motor vehicle fuel tax collections 2018.xlsx CITY OF SPOKANE VALLEY, WA Motor Fuel (Gas) Tax Collections - August For the years 2009 through 2018 January February March April May June July August Collected to date 2009 1 2010 1 2011 1 2012 1 2013 1 2014 1 2015 1 2016 1 2017 1 2018 133,304 161,298 154,792 159,607 146,145 152,906 152,598 163,918 150,654 155,832 145,869 146,353 135,208 145,998 148,118 145,455 163,037 164,807 146,264 140,486 141,849 144,297 135,695 131,247 140,999 145,537 138,205 161,117 161,721 165,019 153,546 156,529 156,269 157,994 167,304 168,000 156,109 158,119 154,700 144,670 151,595 156,850 156,259 171,829 174,211 173,954 168,146 158,351 159,827 167,479 161,965 164,872 157,737 174,838 169,756 164,221 165,398 160,565 155,348 157,805 168,205 177,427 177,019 179,012 176,869 153,361 164,050 173,983 172,308 186,277 177,567 195,780 10/8/2018 2018 to 2017 Difference ok 162,359 11,705 7.77% 175,936 11,129 6.75% 139,826 1,621 1.17% 168,796 796 0.47% 193,986 19,775 11.35% 144,308 (30,530) (17.46%) 194,267 17,248 9.74% 205,438 9,658 4.93% 1,275,348 1,276,729 1,239,823 1,221,770 1,232,772 1,237,468 1,272,659 1,324,356 1,343,514 1,384,916 41,402 3.08% September 175,965 175,067 173,820 171,651 195,397 173,299 174,505 194,640 184,342 0 October 163,644 164,475 158,889 153,022 133,441 160,539 161,520 166,369 163,780 0 November 167,340 168,477 160,461 162,324 164,303 165,871 181,771 176,178 194,814 0 December 144,376 143,257 124,714 138,223 142,140 141,298 153,338 152,787 154,298 0 Total Collections 1,926,673 1,928,005 1,857,707 1,846,990 1,868,053 1,878,475 1,943,793 2,014,330 2,040,748 1,384,916 Budget Estimate 2,050,000 1,900,000 1,875,000 1,905,800 1,868,900 1,866,400 1,867,700 2,013,400 2,048,900 2,061,100 Actual over (under) budg (123,327) 28,005 (17,293) (58,810) (847) 12,075 76,093 930 (8,152) (676,184) Total actual collections as a % of total budget % change in annual total collected % of budget collected through August 93.98% 101.47% 99.08% 96.91% 99.95% 100.65% 104.07% 100.05% 99.60% n/a (3.45%) 0.07% (3.65%) (0.58%) 1.14% 0.56% 3.48% 3.63% 1.31% n/a 62.21% 67.20% 66.12% 64.11% 65.96% 66.30% 68.14% 65.78% 65.57% 67.19% % of actual total collected through August 66.19% 66.22% 66.74% 66.15% 65.99% 65.88% 65.47% 65.75% 65.83% n/a Chart Reflecting History of Collections through the Month of August 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 August 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 ■ August ■ July ■ June May E April ■ March ■ February ■ January Page 24 P:\Finance\Finance Activity Reports\Tax Revenue\Telephone Tax\2018\telephone utility tax collections 2018.xlsx CITY OF SPOKANE VALLEY, WA Telephone Utility Tax Collections - August For the years 2009 through 2018 January February March April May June July August 2009 1 2010 1 2011 2012 1 2013 1 2014 2015 2016 1 2017 1 2018 128,354 234,622 282,773 266,041 230,721 264,175 275,775 254,984 242,115 255,056 239,334 251,880 269,631 250,593 260,408 246,261 241,357 230,366 245,539 238,561 236,985 239,013 244,191 349,669 193,818 261,074 234,113 229,565 227,469 234,542 226,118 228,789 217,478 216,552 223,884 214,618 129,270 293,668 213,078 211,929 210,777 205,953 208,206 206,038 210,010 210,289 205,651 205,645 177,948 212,845 174,738 214,431 187,856 187,412 190,984 185,172 182,167 173,971 177,209 171,770 174,512 170,450 174,405 171,909 162,734 163,300 162,536 157,285 161,506 156,023 157,502 150,644 130,196 164,060 158,416 146,519 149,434 150,780 147,281 148,158 10/17/2018 2018 to 2017 Difference (32,538) (19.99%) 760 0.47% (4,120) (2.53%) (10,766) (6.84%) (12,072) (7.47%) (5,243) (3.36%) (10,221) (6.49%) (2,486) (1.65%) Collected to date 1,929,111 2,023,612 2,025,681 1,835,488 1,720,477 1,662,569 1,531,386 1,396,393 1,271,530 1,194,844 (76,686) (6.03%) September 249,380 240,111 241,476 227,042 210,602 199,193 183,351 170,476 155,977 0 October 252,388 238,500 237,111 225,735 205,559 183,767 183,739 166,784 153,075 0 November 254,819 247,848 240,246 225,319 212,947 213,454 175,235 166,823 151,208 0 December 368,775 236,065 236,449 221,883 213,097 202,077 183,472 168,832 161,115 0 Total Collections 3,054,473 2,986,136 2,980,963 2,735,467 2,562,682 2,461,060 2,257,183 2,069,308 1,892,905 1,194,844 Budget Estimate 2,500,000 2,800,000 3,000,000 3,000,000 2,900,000 2,750,000 2,565,100 2,340,000 2,000,000 1,900,000 Actual over (under) budg 554,473 186,136 (19,037) (264,533) (337,318) (288,940) (307,917) (270,692) (107,095) (705,156) Total actual collections as a % of total budget 122.18% 106.65% 99.37% 91.18% 88.37% 89.49% 88.00% 88.43% 94.65% n/a % change in annual total collected n/a (2.24%) (0.17%) (8.24%) (6.32%) (3.97%) (8.28%) (8.32%) (8.52%) n/a % of budget collected through August 77.16% 72.27% 67.52% 61.18% 59.33% 60.46% 59.70% 59.67% 63.58% 62.89% % of actual total collected through August 63.16% 67.77% 67.95% 67.10% 67.14% 67.55% 67.85% 67.48% 67.17% n/a Chart Reflecting History of Collections through the Month of August 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 1 August 1 1 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 August July _June • May • April • March • February • January Page 25