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2020, 07-14 Regular Formal Meeting AGENDA SPOKANE VALLEYCITY COUNCIL REGULARMEETING FORMAL FORMAT Tuesday,July 14,20206:00 p.m. Remotely via ZOOM Meeting 10210E Sprague Avenue Council Requests Please Silence Your Cell Phones DuringCouncil Meeting NOTE: In response to Governor Inslee's March 24, 2020 Proclamation concerning our recent State of Emergency, which waives and suspends the requirement to hold in-person meetings and provides options for the public to attend remotely, all meeting guidelines contained in the Governance Manual are hereby superseded until the Governor's order has been rescinded or amended. Therefore, effective immediately and until further notice, a live feed of the meeting Public comments will only be accepted for those will be available on our website and on Comcast channel 14. items noted on the agenda as “public comment opportunity,” will be accepted via the following links, must be received by 4:00pm the day of the meeting and . Sign up to Provide Oral Public Commentat the Meeting via Calling-In Submit Written Public Comment Prior to the Meeting Join the Zoom Meeting ------------------------------------------------------------------------------------------------------------------------------- CALL TO ORDER ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: MAYOR’S REPORT : PROCLAMATION: Parks & Recreation Month 1.CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of claim vouchers on July 14,2020,Request for Council Action Form Total:$2,723,455.89 b.Approval of Payroll for Pay Period Ending June 30, 2020: $541,509.64 c. Approval of Council Meeting Minutes of June 16, 2020 Study Session Format d. Approval of Council Meeting Minutes of June 23, 2020 Regular Formal Format e. Approval of Council Meeting Minutes of June 30, 2020 Special Meeting f. Approval of Council Meeting Minutes of June 30, 2020 Study Session NEW BUSINESS: 2. Resolution 20-010Amending Governance Manual –Chris Bainbridge, Cary Driskell \[public commentopportunity\] 3. Motion Consideration: Potential Transportation Improvement Board (TIB) Grant –Adam Jackson \[public commentopportunity\] 4. Motion Consideration: Barker Road Widening Bid Award –Bill Helbig \[public comment opportunity\] 12 Council Agenda July 14, 2020 Page of GENERAL PUBLIC COMMENT OPPORTUNITY: Use the link above to sign up for oral public comments. The link will direct you to directions to sign up for oral public comments. This is an opportunity for the public to speak on any subject except those action items above, as public comments will be taken on those items where indicated. This is not an opportunity for questions or discussion. Remarks will be limited to three minutes per person. ADMINISTRATIVE REPORTS: 5. Council Goals & Priorities for Use of Lodging Taxes –Chelsie Taylor 6. Wa. StateDept.of Commerce CARES Act Relief Funds –Chelsie Taylor, Erik Lamb 7. Advance Agenda –Mayor Wick INFORMATION ONLY n/a CITY MANAGER COMMENTS ADJOURNMENT 22 Council Agenda July 14, 2020 Page of Proclamation City of Spokane Valley, Washington Parks and Recreation Month WHEREAS, Parks and recreation activities provide opportunities for citizens of all ages to grow and develop into contributing members of their communities; and WHEREAS, Parks and recreation programs strengthen the community, foster individual growth, and increase cultural diversity; and WHEREAS, Parks and recreation programs provide outlets for physical activities, socialization and stress reducing experiences; and WHEREAS, Parks, playgrounds, nature trails, open spaces, aquatic facilities, senior and event centers make our community an attractive and desirable place to live, work, play and visit which contributes to our economic vitality; and WHEREAS, Parks, greenways and open spaces provide a welcome respite from our fast- paced, high-tech lifestyles while protecting and preserving our natural environment; and WHEREAS , Thousands of Spokane Valley children, adults and seniors benefit from the wide range of services, facilities, and programs provided by the Spokane Valley Parks and Recreation Department. NOW, THEREFORE , I, Ben Wick, Mayor of the City of Spokane Valley, on behalf of the Spokane Valley City Council and the citizens of the City of Spokane Valley, do hereby proclaim the month of July, 2020 as Parks and Recreation Month and I encourage all citizens to participate in and support the many recreational programs and facilities provided by public and private agencies, but to do so carefully and with social distancing. th Dated this 14 day of July, 2020. Ben Wick, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:Department Director Approval July 14, 2020 : Item: Check all that apply : consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE: Payroll for Pay Period Ending June 30, 2020 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Budget/Financial impacts: Employees Council Total Gross: $ 323,084.84 $ 10,265.00 $ 333,349.84 Benefits: $ 195,909.89 $ 12,249.91 $ 208,159.80 $ 518,994.73 $ 22,514.91 $ 541,509.64 Total payroll RECOMMENDED ACTION OR MOTION: . Move to Approve above payroll \[Approved as part of the Consent Agenda, or may be removed and discussed separately.\] STAFF CONTACT : Raba Nimri DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Study Session Format Tuesday, June 16, 2020 Mayor Wick called the meeting to order at 6 pm. The meeting was held in City Hall with Council and staff participating via ZOOM. Ben Wick, Mayor Mark Calhoun, City Manager Brandi Peetz, Deputy Mayor John Hohman, Deputy City Manager Pam Haley, Councilmember Cary Driskell, City Attorney Tim Hattenburg, Councilmember Mike Stone, Parks & Rec Director Rod Higgins, Councilmember Chelsie Taylor, Finance Director Linda Thompson, Councilmember Morgan Koudelka, Sr. Admin. Analyst Arne Woodard, Councilmember John Pietro, Administrative Analyst Tina Gregerson, Recreation Coordinator Others in Attendance Christine Bainbridge, City Clerk Spokane Co. Commissioner Mary Kuney Spokane City Mayor Nadine Woodward Spokane Housing Authority Exe. Director Pamela Tietz; also serving as Chair, Continuum of Care Board Spokane City Community, Housing & Human Services Program Director Tija Danzig Spokane City, Regional Project Manager Ariane Schmidt ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA : It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the agenda. 1. Regional Bridge Housing Proposal Mayor Wick, Mayor Woodward, Commissioner Kuney Mayor Wick welcomed everyone to the meeting and explained that tonight is an opportunity to hear an update on the topic of homelessness. Ms. Tietz explained that the Continuum of Care Strategic Plan was developed last year with anticipated effective dates of 2020 to 2025; said this is a regional approach to the work and that the Plan is b HUD and the Spokane City/County Continuum of Care Board and sub-committees; said they are required to put together a five-year plan to address those objectives, and that they used the Continuum of Care sub- committees to address what work needed to be done; said those sub-committees were formed based on specific populations such as homeless youth, homeless veterans, and homeless singles and they include many factors; said having people on those sub-committees catering to the unique needs of each population, s different set of priorities; she also mentioned the focus on other key groups such as LGBTQ, couples, seniors, and victims/survivors of domestic violence. Ms. Tietz mentioned the importance of stakeholder engagement from local businesses, and said they have had outreach to other Spokane County partners as well; said draft versions of the Plan were posted for public comment and feedback; said they also want to make sure there is regional support and they met with the Board of County Commissioners in November to share the plan and get feedback, and have shared this with the City of Spokane for their feedback as well; said the plan was approved in November by the Board of Commissioners, and was submitted to the Department of Commerce in December. There was some general discussion about the Plan and the process and Councilmember Haley said it would be great for someone from the Continuum of Care to give our Council an annual report. Council Meeting Minutes: 06-16-2020 Page 1 of 5 Approved by Council: DRAFT Deputy Mayor Peetz asked about the difference of the three types of facilities, the resource center, stabilization center, and this possible facility as there appears to be duplications of resources. Ms. Danzig replied that the distinguishers between the Spokane Resource Center and the Bridge Housing Center is really the connection to shelter; said that the idea of the Spokane Resource Center is homeless prevention for people who are under-resourced or under employed, to connect with them before they become homeless; the Bridge Housing model -is targeted to people who are experiencing homelessness and give them a shelter where they can wake up every day and spend their day at a 24/7 base; she said that all helps people to continue to move forward toward ending the cycle of homelessness. Mayor Woodward spoke about the Bridge Housing project, which she said aligns with the Continuum of -barrier facility and serves as a warming center, is more for emergencies; said they want to offer a life readiness facility that is a Bridge housing center, which would be a regional, continuous stay with targeted capacity with intensive support services for single adults to help them move to living independently; said there is currently a gap in our community for this type of center; said the Bridge project would include a thirty, sixty, or ninety day option with individuals being referred by caseworkers, or stressed it would not be a drop-in facility. Mayor Woodward mentioned that the Salvation Army was selected last year as the operator of the facility; that currently staff from the County, the City of Spokane, City of Spokane Valley, and the Salvation Army are touring potential facilities for this Bridging Housing Project; said some locations are in Spokane, and some in Spokane Valley; she said the region has secured operational dollars for five years through a three-way funding partnership with the City of Spokane, the County, and Avista Utilities, with each party contributing $500,000 annually; said they are still seeking capital investment from the County in the form of a (Community Development Block Grant) funds; she emphasized that this facility will not be an emergency shelter but rather a short-term housing opportunity to help people move out of homelessness and get the life skills training necessary for independent living. Ms. Danzig mentioned that the needed facility size would be between 10,000 and 30,000 square feet. Councilmember Woodard asked about the Havana property which had been a previous possibility, and Ms. Danzig explained that the Bridge housing component was imbedded in there, but there were also discussions about having the drop-in space to meet some of the emergency shelter needs; but this proposal now is the second phase of what that property had intended to be. Councilmember Woodard added that so the idea for that property was abandoned; and Commissioner Kuney reminded everyone that for this Bridge project, it would not be an overnight stay and people would have to be referred in order to stay. Mayor Woodward stated that the City of Spokane would continue to operate the Cannon Shelter, but the proposed Bridge facility is the next step to move people out of homelessness. There was some discussion about the RFP (request for proposal) process for selecting an operator of the facility. Ms. Danzig explained that the review team consisted of Councilmember Woodard, a representative from Spokane County, from Spokane City, and others; that they realized they needed the City of Spokane Valley involved in this process including choosing the site for the facility; she also noted there is a small committee including a representative from the City of Spokane Valley, City of Spokane, Spokane County, code enforcement and a Salvation Army representative to review the list of sites which were provided by a realtor; and that half of those sites are in Spokane and half in Spokane Valley, with some of the Spokane Valley sites near or on the borders, and some in the industrial area. In response to a question about who would own the facility, Commissioner Kuney said it would be purchased with funds from the City and County, and depending on where the property is will make a difference on the owner; adding that those Council Meeting Minutes: 06-16-2020 Page 2 of 5 Approved by Council: DRAFT details need to be determined and included in an MOU (Memorandum of Understanding); but that they are working on those details among all jurisdictions. Further discussion included timelines and dealing with COVID-19; needed additional capacity; targeted timeframes of 30, 60 or 90 days based on other working models in the United States; and that the City of Spokane Valley does not need to make a decision now or even within the next few days as some had thought; there was more emphasis on this model not being a drop-in facility; and further discussion about capital construction funding. Council expressed appreciation in receiving this information and in being brought up-to-date. It was also mentioned that many unknown factors remain, including the appropriate zone this type of facility. City Attorney Driskell said the discussion on zoning will be included in this n added that Council is interested in more details in order to better contemplate the project and the level of involvement of this City, in particular the location; and stated that he feels it would also be necessary to get a great deal of public input. 2. Aging & Long Term Care of Eastern Washington Update Lynn Kimball functions of her agency; what services they provide and to what counties; she mentioned that the COVID- 19 pandemic has increased their demand for services, and that while all services continue to operate, they are adding new services and expanding existing services to meet community need; she also mentioned the many partners of the agency, including SNAP, Frontier Behavior Health, and Greater Spokane County Meals on Wheels. Council thanked Ms. Kimball for her presentation. 3. COVID-19 Impact on Parks & Recreation Summer Programs Mike Stone, Tina Gregerson After Parks & Recreation Director Stone introduced Recreation Coordinator Ms. Tina Gregerson, Ms. Gregerson explained some of the challenges facing the summer recreation programs, including the aquatic program, as we continue through the COVID-19 pandemic. Ms. Gregerson discussed some of the proposed scenarios for opening the public pools and of the restrictions due to COVID-19; mentioned that swim lessons have been canceled and some of the features of the pools such as the Lazy River will not open; she also mentioned that to open the pools, we must have dedicated staff for screening swimmers as they enter, for monitoring physical distancing, and to sanitize high contact areas such as locker rooms; and that the open swims will only be done by registration so staff will know how many swimmers to expect based on how many can be in the pool at any one time. Council expressed consensus with moving forward with the revised aquatic and recreation programs. City Manager Calhoun said a four, six or eight week program would depend on when we go to phase 3, as well as moving to phase 4. Mayor Wick called for a recess at 7:40 p.m.; he reconvened the meeting at 7:45 p.m. 4. Spokane Valley Police Department Behavior Health Unit Undersheriff Dave Ellis, Morgan Koudelka new Police Chief effective July 1. Mr. Koudelka explained that Spokane Regional Project Manager Ms. Ariane Schmidt gave a presentation several weeks ago, which prompted Council to ask for additional information. He explained that this Behavioral Health team consists of a specially trained deputy and a mental health professional as a unit; and the purpose of the team is to increase safety, divert individuals from the criminal justice system and emergency resources, and connect individuals to community resources to support the vulnerable in our community; he said the unit responds to crisis calls, stabilizes individuals, creates a safety plan, and provides follow-up visits to help individuals maintain stability. Undersheriff Ellis went through the PowerPoint presentation explaining the mission of the unit, grant funding overview, and a response from a regular patrol officer; he mentioned training; and that the program is data driven and response proven; and ended with a sample success story. Deputy Sheriff Ellis mentioned the team data, including that 88% of contacts had an outcome Council Meeting Minutes: 06-16-2020 Page 3 of 5 Approved by Council: DRAFT other than jail or hospital; with 1.7% arrested, 7.7% emergently detained, 0% force beyond handcuffing; 12% diverted from an arrestable offense and diverted from hospital; and that there were 299 total calls relieved from the regular patrol. Mr. Koudelka stated that this is a more active approach in managing homelessness; he said they have created their own huddle team consisting of law enforcement, fire, code enforcement, and Outreach, and stated that these behavior health teams are valuable as they help individuals struggling with various issues; said this team is especially trained and the goal is to move people off the streets and into housing, which he said is not always easy as individuals are not efforts. Mr. Koudelka added that Council had set aside the funding for this year of $100,000 and at that were notified that the grant was renewed. 5. Spokane Valley Municipal Code 3.65 Cable Code Cary Driskell, Morgan Koudelka, John Pietro After City Attorney Driskell went over the background and basic philosophy of our approach on franchise ordinances, he explained that staff has been negotiating recently with TDC Metrocom, a cable television provider that recently entered the Spokane market as a competitor to Comcast; that in reviewing the proposed draft franchise, he looked closely at chapter 3.65 Spokane Valley Municipal Code; and after analyzing several of those sections in the Code, determined that clarification was needed in several areas; and he went over the list of proposed revisions as shown on page 2 of his Request for Council Action. Mr. Pietro then went over the pros and cons and the rationale of some of the more significant changes for consideration. Mr. Koudelka added that since we are listed as the franchise authority on the Comcast bills, discussion about build out and FCC regulations; what it means to have liquidated damages, and that staff is proposing to eliminate that section. Councilmember Higgins stated that as we are a business friendly city, he thinks the elimination of the maximum of regulations is best. Mr. Driskell also commented that Comcast objections from Council to leave out the section about the build out. Discussion moved to the PEG (Public, Educational and Governmental) channels, and whether to keep it in or eliminate or clarify that section. City Manager Calhoun expressed concern about giving up any revenue, said we have not heard anything from the educational providers about them needing PEG funding, but he does realize that CMTV (the channel broadcasting our Council meetings) would like to continue as they have. Mr. Koudelka said staff could also explore other avenues to broadcast council meetings. There was discussion about reducing to one PEG channel with an option for a second; and Mr. Driskell said the Metrocom know this will be coming to Council for further discussion, and get TDS a copy of the draft provisions for feedback. Mayor Wick said he would like to reduce the PEG channels but not eliminate them; and Councilmember Woodard mentioned he likes the flexibility and the way Mr. Driskell suggested getting feedback from the suppliers. Mr. Driskell said he will provide a draft to TDS for their comments. 6. Advance Agenda Mayor Wick Although Councilmember Woodard asked about having staff gather information on landscaping codes and permit fees and compare those to the County and City of Spokane and that he thinks it is time to examine that and is hearing that our fees are too high, there was no consensus to add this to the Advance Agenda. Councilmember Thompson asked how our ZOOM system can be better as many times the sound is garbled; said as a member of the NLC (National League of Cities) Safety and Crime Prevention committee, they have discussed use of force policies from police departments and said she would like information on our policy regarding use of force, as well as training opportunities. There was no consensus to add that to the Advance Agenda. Councilmember Higgins asked to have a resolution expressing support for our Police Department, and there was unanimous consensus to place that on the advance agenda. Council Meeting Minutes: 06-16-2020 Page 4 of 5 Approved by Council: DRAFT At 9:00 p.m., it was moved by Deputy Mayor Peetz, seconded and unanimously agreed to extend the meeting an additional five minutes. Mayor Wick said he would like to invite service providers of food, housing, etc., to give us an update on where they see there are needs in the community. There were no objections. 7. Council Check-in Mayor Wick Councilmember Haley stated that STA (Spokane Transit Authority) will start charging fares again July 1 st; and that patrons will continue boarding and unboarding from the back of the bus. Mayor Wick said that the Central Valley School District is trying to figure out summer meal programs and they approached the County for CARES funding to help in their promotion; said he has asked City Manager Calhoun to contact the Central Valley School District to ask if they need some assistance in keeping their meals going. Mr. Calhoun said we also have an agreement with Spokane Valley Partners for an initial $25,000 to help with food security, and that he anticipates distributing a second $25,000; and that we have an agreement with Meals on Wheels for $8,000 to help them in their influx of participants; said he will contact Superintendent Small to see if their meal funding is COVID-19 related, and that he will report those findings back to Council. 8. City Manager Comments Mark Calhoun City Manager Calhoun had no additional comments. It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:02 p.m. ___________________________________ ATTEST: Ben Wick, Mayor _________________________________ Christine Bainbridge, City Clerk Council Meeting Minutes: 06-16-2020 Page 5 of 5 Approved by Council: DRAFT MINUTES SPOKANE VALLEY COUNCIL REGULAR MEETING FORMAL FORMAT Spokane Valley City Hall Spokane Valley, Washington June 23, 2020 Mayor Wick called the meeting to order at 6:00 p.m. The meeting was held remotely via ZOOM meeting. Attendance: Councilmembers Staff Ben Wick, Mayor Mark Calhoun, City Manager Brandi Peetz, Deputy Mayor John Hohman, Deputy City Manager Pam Haley, Councilmember Cary Driskell, City Attorney Rod Higgins, Councilmember Mike Stone, Parks & Recreation Director Linda Thompson, Councilmember Christine Bainbridge, City Clerk Absent: Tim Hattenburg, Councilmember Arne Woodard, Councilmember ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmembers Hattenburg and Woodard. It was moved by Councilmember Higgins, seconded and unanimously agreed to excuse Councilmembers Hattenburg and ing. APPROVAL OF AGENDA: It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Mayor Wick explained that as there are several guest speakers tonight, he asked Councilmembers to please keep their reports brief. Councilmember Thompson: said she attended the AWC (Association of Washington Cities) Board meeting -line. Councilmember Higgins: mentioned that there is a quarterly report from the Spokane Regional Clean Air Agency regarding to read the newsletter as it is very informative. Councilmember Haley: reported that as part of the AWC Nominating Committee, she attended a ZOOM meeting today where they pect a large reduction in revenue; said as of July 1 st masks will be offered to people riding the bus and there will also be barriers between the riders and the driver. Deputy Mayor Peetz committee meeting; said they sent a regional request to the Board of County Commissioners for $2.5 million to do outbound marketing but they have not yet heard a response from the Commissioners; said they are looking to put in a zip line in the new section close to the library; said the zip line would start at the plaza under the Maple Street Bridge, cross over the river and go to a park in Peaceful Valley; said she attended the AWC legislative priority committee meeting and said they are in the process of drafting a legislative agenda. : everyone in public must wear a mask, effective this Friday, and that a main part of enforcement will be through the businesses as they are encouraged to require masks for people to come into their establishments; said our COVID-19 case numbers are increasing with another 50+ today; said that Spokane County Health Regular Formal Council Meeting: 06-23-2020 Page 1 of 5 Approved by Council: DRAFT Officer Dr. Lutz, along with Chief Executive Officers of the two hospitals are not supporting a move to phase 3 at this time; and said we also support people from other counties in our hospitals. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of claim vouchers on June 23, 2020, Request for Council Action Form Total: $3,812,589.61 b. Approval of Payroll for Pay Period Ending June 15, 2020: $396,959.71 c. Approval of Council Meeting Minutes of June 2, 2020 Study Session Format d. Approval of Council Meeting Minutes of June 9, 2020 Regular Formal Format It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: n/a PUBLIC COMMENTS: Ms. Barb Howard, Spokane Valley: concerning agencies needing funds, said she said debates on elections; she mentioned Project ID as a great cause to support, as well as Teen Closet to help with money for bus passes; added that spouses of Councilmembers around threatening citizens. There were no other public comments. ADMINISTRATIVE REPORTS: 2. Local Agency Presentations Addressing Needs Resulting from the COVID-19 Pandemic Mark Calhoun City Manager Calhoun explained that this agenda item was included to give a sense of community needs arising from the pandemic; said there are now over 2.3 million cases of COVID-19 in the U.S., and about 29,000 cases in Washington state, and over 1,000 cases in Spokane County; said there is an effort to address the economic damage as well as the pandemic; mentioned that Congress approved a $2 trillion CARES act; that Washington State got $2.95 billion, and $2.9 million have been allocated to our City. Mr. Calhoun further explained that the proceeds of this can only be used for COVID related programs and expenditures and not used for money already appropriated for particular programs; said we will use some of the funds to reimburse us for such things as additional costs of cleaning park restrooms, PPE (personal protective equipment), and other expenses that fit the criteria, which he said is a small portion of that $2.9 million; adding that staff is researching other things that those funds could be used for and will report on that topic at the July 7 Council meeting. Mr. Calhoun said prior to that July 7 meeting, Council wanted to hear from other organizations on the front line working to address their effort in meeting needs; and we have asked several people to report to us what they see as unfilled needs, and what they can do to help us spend a portion of the money, for such things as housing needs like rent and mortgage, utility expenses, food security, etc. Mr. Calhoun said the funds must be spent by October 31 and that although our goal is to leave no money on the table, funds can only be spent on eligible programs as if forced to repay any funds. Mr. Calhoun said each organization tonight has been allotted fifteen minutes, which includes time for questions and answers. SHA (Spokane Housing Authority) Executive Director Tietz said they own several rental units and that most of their needs is for rental assistance; said she thought it would be difficult for people to pay rents for April, May and June, but that for April and May, they actually collected about 98% of rents; said June is on track with about 97-98% collection rate with about 11-12% total households delinquent on rent; she said that the private market is different and there are more people having trouble managing their rents; said some are those with nowhere to go and no options; said it is her understanding that some households actually put their rent on credit cards which will ultimately be a problem; she noted the additional $600 unemployment will run out so all this will hit about mid-December; said she was hoping for some way to put some away some funds for use later. Ms. Tietz also mentioned that once the eviction moratorium ends there will be an influx of households needing assistance, which she anticipates will hit about August. explore some way to help support the smaller food banks and food pantries; said she sat in on the funding Regular Formal Council Meeting: 06-23-2020 Page 2 of 5 Approved by Council: DRAFT for Innovia and they distributed about $600,000 in emergency funding but only funded about 70 out of the 200 applicants, and most were not fully funded; said Meals on Wheels got some funding, as did NAOMI, St. , Campfire, Spokane reach those Ms. Tietz also mentioned that childcare is an issue care; said she feels that will be an ongoing issue. Ms. Tietz also remarked that she would like SHA to help the City spend some of its funds; said her expertise is in rental assistance but usually not the short term; that perhaps SNAP or Partners could help in some way too, as there are low income homeowners with mortgage payments due. January of 2016 and there are still about 900 households on that list waiting for rental assistance; she added that SHA covers six counties but the majority of those households are in Spokane County, and clearly the need outweighs the funding ability. SNAP (Spokane Neighborhood Action Partners) Chief Executive Officer Ms. Honekamp explained that SNAP is a 501c3 nonprofit, has been around for 54 years, and served over 44,000 people in the Spokane Region last year; said they administer all types of government funding and work to keep a close eye on leven offices with people answering phones, and from mid-March to mid-June there were 9,500 calls for needs; said the top calls included 4,624 energy and utility related requests, which includes water, sewer, garbage and emergency shut offs; 3,149 for housing, homeless, rental and mortgage assistance and housing counseling requests, said rental assistance is always the top need and between 10 and 12% are behind on their payments of those who rent from SNAP; 424 requests for food assistance; 320 for small business and financial education for such things as helping a small business start, or getting some temporary help; said others are really struggling now and they are very worried about the small businesses. Ms. Honekamp stated that the second highest need is mortgage assistance; said about 50% of the homeowners have a government backed mortgage, and when that protection goes away, people will be failing in their bills. Deputy Mayor Peetz asked about people needing firewood and able to do that now; but other deliverables will be needed such as oil or propane, which can all be lumped under utility assistance; she also noted that the Salvation Army has been helping with water, sewer and garbage but funding assistance only to those residents in the City of Spokane. Spokane Valley Partners, Mr. Coblentz explained that there has been a tremendous outpouring of support in various levels for people in need, but feels the big impact from the pandemic is yet to come; said now there is a lot of outside support but feels the time is coming where Spokane Valley will have to take care of the various unmet needs; suggested finding creative ways to put funds in reserve so they can be used through the winter; said he feels many households will need an unsurmountable amount of help later; said there is an expectation people will become homeless and the question is, what can we do to keep that from happening. Mr. Coblentz noted that food has been flooding into the community, but people will still be left with the problem of having to choose which bills to pay as everything becomes overdue. Mr. Coblentz also spoke about a stigma attached to going to a big food bank as many would rather go to a familiar church; said somehow going to a big food bank tends to make people feel they are worse off than they are. Mr. Coblentz suggested having funds in reserve for later would be good if possible; or maybe give funds to the utility companies and they could hold onto them; he asked staff to see if any loopholes can be found as he thinks people will be desperate to use funds after October 31. Other ideas he offered included help with insurance and/or car payments; said sometimes people need a stove; adding we need to determine some way to expand the normal ways of doing business; said food security is an issue so maybe a collaborative effort to supply vehicles and have our own mobile food delivery to make sure no one will go hungry; he also suggested coupons to restaurants or maybe even Uber Eats to deliver restaurant meals and groceries, or coupons for hot meals; or give homeless teenagers punch cards for hot meals; said we also need to stock up not just on food, but on other supplies like diapers; said once the moratorium ends on bus fare, transportation will be an issue. Deputy Mayor Peetz asked about the WIC Program (Women, Infants & Regular Formal Council Meeting: 06-23-2020 Page 3 of 5 Approved by Council: DRAFT Children) and whether they are having problems. Mr. Coblentz said unfortunately, we stock up on formula as it expires; and that perhaps a coupon would work better for that. Greater Spokane County Meals on Wheels, Executive Director Edwards said he appreciates the opportunity program; he noted that Meals on Wheels stopped delivering meals at designated sites, but explained that they give away a coupon for a takeout meal; said he does have access to dedicated CARES funding so they -dip or spend twice on a project; he also spoke of the idea of coming up with a way to stock up for future use; he mentioned some of his partners such as Partners and Feed Spokane and that perhaps some of this funding could be used for those organizations; mentioned the idea of investing in a vehicle or vehicles, over and the need will continue to grow. Mayor Wick asked Mr. Edwards about vehicles and Mr. Edwards explained they have about five vehicles they use for deliveries, and most of those have between 200,000 is particular funding or whether it would be acceptable to use the funds on vehicles, but said it would be a way to lend support to the community. Feed Spokane Executive Director Mr. Brashears said that Feed Spokane is eleven years old; that the idea came about as he and others wondered what happens to excess food; said he found out that the majority was being thrown away; said Feed Spokane safely rescues excess from restaurants, hotels, hospitals, and food supplies and distributes that to thousands of underserved community members; said they have been Spokane has grown from rescuing about 5700 pounds of food to rescuing about 260,000 pounds of food that normally would have ended up in the dump; said he has developed a coalition of about twenty non- profits, all faith-based in the region; and that they rescue food all during the week; said they distribute an average of 6,000 to 8,000 of pounds of food outgoing; mentioned they had to remodel their distribution area; said they put the food in boxes, weigh it and hand it out to groups; said there has been about a 45% increase in homelessness; said the training they do includes how to safely handle and store food; they have refrigerated vans; and do not use government funds, but rather individuals, churches, and fundraising; said he is not sure if they will be able to do their normal fundraising due to the pandemic; also mentioned that Little Caesars, KFC and the Grocery Outlet are among his big supporters. Deputy Mayor Peetz mentioned that this group also rescues dog food and Mr. Brashears said that has had a large impact. When Councilmember Thompson asked about the use of funding for his organization, Mr. Brashears explained that they could use some assistance in the purchase of containers. Chamber of Commerce Chief Executive Officer Mr. Beck said that in checking with the business community, he has learned much and finds there are many areas where there is need; said this organization has been a partner with other economic development associations such as Visit Spokane, the West Plains Chamber, and GSI (Greater Spokane, Inc.); said one focus is within the small business emergency grant program, administered through GSI; said they played an active role in the application process and it ended in a fair and equitable process for those applying; that there were over 1800 qualified applications for the $10,000 grant program; that they ultimately sent 120 applications to the Department of Commerce for consideration, which were narrowed down to 62 awarded in the County; of the 62, nine were Spokane Valley based businesses; said they could establish their own Spokane Valley business recovery grant program and use the established framework they used before with some slight modifications, and make sure the funds go to the greatest need, and help facilitate a quick turnaround on those funds; he mentioned that OFM (Office of Financial Management) rules include that funding can be established on cash basis and not just on reimbursement,; said he realizes there is limited criteria businesses receiving funds through different programs, like the paycheck protection program; said there is a lot of demand for rent and utility assistance to keep businesses open as they are seeing businesses close daily; also noted that 90 days out might be too long to wait for relief. Mr. Beck said the Chamber or City staff or his organization can work on this, but he just wants to see the program established, and asks for help in funneling the applications; said he also wants to digitize the application process to help speed up Regular Formal Council Meeting: 06-23-2020 Page 4 of 5 Approved by Council: DRAFT processing. Councilmember Thompson asked if the Chamber received the grant, could they spend it by October 31, and Mr. Beck said on the cash basis grant, it could be spent through the year; and said he would have to work through the City finance team; said that OFM made the ruling last week about the cash basis, and that he and Deputy City Attorney Lamb and Finance Director Taylor have been discussing this; said the goal is for the City to establish the grant fund for businesses. Deputy Mayor Peetz said that according to AWC, 36% of cities and towns in Washington are doing some form of small business assistance, and that we should determine what other cities are doing; said the Chamber can administer the program, or City staff; but the focus is to get the program available and get funds back into the community. Central Valley School District Superintendent Mr. Small (also speaking on behalf of East Valley School District and West Valley School District) said that all those who spoke today are very deserving partners, so he is not here in competition with them; said as they are planning a process for opening the schools, he wants to be community-ready; issues include virtual or in place school or some modified form; said he realizes what is on the ground can change quickly; but use of CARES money would be investing in serving comply with PPE (personal protection equipment) regulations at school; said their main focus is on the elementary schedules to put as many back in school in person as possible, and the question is how to get K-6 kids in school daily for a full school day but follow the regulations; said there are many barriers to overcome before that can happen, like a needing six-foot space in classrooms which creates limitations on the number of kids in a standard classroom; and said they are looking for ways to mitigate that, adding that these are just being considered now and not being decided upon; he also mentioned side-to-side as well as front-to back shielding; said he is working with the County Health Department on possibilities and has asked for $75,000 in order to have the K-6 fully functioning; he also mentioned that they want to maximize the number of families being able to continue in the economy; and said that the Spokane Regional Health District will give the final approval; but he would want some help in investing in those options. Councilmember Thompson asked about bus drivers and whether they would be fitted with shields. Mr. Small said shields will have to be provided, and that school buses are highly regulated by the State Patrol, able to modify much without their approval. Mr. Small said all the schools have instructional needs, and he is sure there will be emergency needs they a 3. Advance Agenda Mayor Wick Although there were no suggested changes to the Advance Agenda, Deputy Mayor Peetz brought up the idea of having a time capsule; several Councilmembers said they would like to think about that idea. 4. Department Reports Department reports were for information only and were not reported or discussed. CITY MANAGER COMMENTS City Manager Calhoun had no additional comments. ADJOURNMENT It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:58 p.m. ________________________________ ATTEST: Ben Wick, Mayor ____________________________________ Christine Bainbridge, City Clerk Regular Formal Council Meeting: 06-23-2020 Page 5 of 5 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Special Meeting Tuesday, June 30, 2020 Attendance: Councilmembers: Staff: Ben Wick, Mayor Mark Calhoun City Manager Brandi Peetz, Deputy Mayor John Hohman, Deputy City Manager Pam Haley, Councilmember Cary Driskell, City Attorney Tim Hattenburg, Councilmember Rod Higgins, Councilmember Linda Thompson, Councilmember Arne Woodard, Councilmember Christine Bainbridge, City Clerk Mayor Wick called the meeting to order via ZOOM at 5:15 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. EXECUTIVE SESSION: It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn into executive session for approximately thirty minutes to discuss potential land acquisition and pending litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at 5:17 p.m. At 5:30 p.m. Mayor Wick declared Council out of executive session, at which time it was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. _______________________________________ Ben Wick, Mayor ATTEST: ___________________________ Christine Bainbridge, City Clerk Council Minutes: 06-30-2020 Page 1 of 1 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Study Session Format Tuesday, June 30, 2020 Mayor Wick called the meeting to order at 6 pm. The meeting was held in City Hall with Council and staff participating via ZOOM. Ben Wick, Mayor Mark Calhoun, City Manager Brandi Peetz, Deputy Mayor John Hohman, Deputy City Manager Pam Haley, Councilmember Cary Driskell, City Attorney Tim Hattenburg, Councilmember Mike Stone, Parks & Rec Director Rod Higgins, Councilmember Erik Lamb, Deputy City Attorney Linda Thompson, Councilmember Adam Jackson, Planning/Grants Engineer Arne Woodard, Councilmember Bill Helbig, City Engineer Carly Johnson, Legal Intern Chad Knodel, IT Manager Christine Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AMENDED AGENDA : It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the amended agenda. OATH OF OFFICE: City Clerk Bainbridge administered the oath of office to incoming Police Chief Dave Ellis. PROCLAMATION: Mayor Wick read the proclamation In Support of our Police Officers. ACTION ITEMS: 1. Motion Consideration: Potential Gant Opportunities, Pedestrian/Bike Safe Routes to School Adam Jackson It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager or designee to apply for the Pedestrian & Bicycle Program and Safe Routes to School Program grants for the three projects identified in Table 1 (i.e. PBP-1 Appleway Trail Crossing at Sprague Avenue: City Hall to Balfour Park; thth SRTS-1 Sidewalk Improvements: Bowdish Road from 12 to 16; and SRTS-2 Sidewalk & Crossing thnd Improvements Bowdish Road from 16 to 22.) Mr. Jackson briefly explained the projects for consideration. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 3. Motion Consideration: Department of Transportation Construction Contract, Barker Grade Separation Project Bill Helbig It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager to finalize and execute the Barker Road/BNSF Grade Separation Interlocal Agreement GCB 3305 between WSDOT and the City. City Engineer Helbig went over some of the details of the contract as noted in the Request for Council Action DOT (Washington State Department of Transportation) would be our partner; said we would have oversight and be able to watch the construction; he also noted that as Trent is a state highway, the roundabout would be theirs so they have a big say in how this project goes; he said this gives WSDOT the responsibility to make sure all the requirements of the federal program are followed. Councilmember Thompson asked about a public Council Meeting Minutes: 06-30-2020 Page 1 of 4 Approved by Council: DRAFT e community. Mr. Helbig agreed and stated that WSDOT will not be taking over any of that, and that this contract does not include that; he said this is just for construction administration. Mr. Helbig also mentioned that WSDOT cannot award the project without our concurrence. Mayor Wick asked if there were any public comments; City Clerk Bainbridge replied that there are none. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. NON-ACTION ITEMS: 3a. Memorandum of Understanding with Spokane County Regarding COVID-19 Cary Driskell Note: this was formally item #2 and was moved to a non-action item as part of the amended agenda. City Attorney Driskell explained that we received this several weeks ago with an indication that it needed to be approved within a short time period; he said we usually have more time to comment back, and that we did send the County our comments and edits, some of which were necessary for clarity and others to correct inaccuracies; said he sent the proposed changes to the County, but they approved the Memorandum of Understanding without including the changes. He further explained that when the pandemic hit in March, local leaders realized the importance of meeting regularly to discuss various impacts and how to address those; said that over time it was realized that there was a need to transition from the original group to a different group, which he said is reflected in the Memorandum of Understanding (MOU); he said to his knowledge, Spokane County is the only jurisdiction that has adopted the document, and that we are here tonight to gain input from Council on next steps. Mayor Wick said it appears this group vote on anything, and therefore he is not sure a formalized group is needed; that as we hear more information from different experts, the group can continue to share many meetings of the emergency operations center, and feels we have now evolved past this; that if we were to participate, he feels the necessary changes should be made, but also noted that in the future we need to continue to engage with the County and other agencies and he too speculated if the document is necessary. Councilmember Thompson also noted a typographical error in that the City of Spokane Valley is not abbreviated SOV, but rather it should be COSV. Several Councilmembers voiced their opinion to continue our participation, but if the County wants to entertain the changes, we would consider the document further, and Mayor Wick asked City Attorney Driskell to convey that to the Commissioners, and there were no objections. City Clerk Bainbridge noted that as this was originally an action item, we received written comment from Mr. Anderson, and that she e-mailed those comments to Councilmembers. 4. Technology of Remove Council Meetings Chad Knodel IT Manager Knodel explained that with the onset of COVID-Proclamations, we have been holding Council meetings via ZOOM technology, which allows for remote public participation while adhering to social distancing requirements. Mr. Knodel explained that Zoom is a third party, externally hosted service which connec connections; that as the meeting host, we manage the participants by controlling the mute/unmute feature, and of allowing participation to view the meeting without being able to comment except where permitted, as per the process for allowing public comment. He further noted that there have been moments when a voice is not audible but that most of the time that can be corrected by having that Councilmember leave the meeting and re-join. Mr. Knodel said an option to address sound clarity would be to equip each Councilmember with a headset with boom microphone; he noted there are other types of meeting products available, but we have already purchased Zoom Video Conferencing with an annual subscription ending April 2021. There was discussion about hard-wired versus wireless, and which is more stable. Mr. Knodel also noted that we provide a one-page document to remote participants as guidance for participating in the meeting. It Council Meeting Minutes: 06-30-2020 Page 2 of 4 Approved by Council: DRAFT was determined that staff will purchase and assign each Councilmember one headset to use during the pandemic and remote meetings. 5. Potential Grant Opportunity: Transportation Improvement Board (TIB) Adam Jackson Engineer Jackson went through his PowerPoint explaining about the Transportation Improvement Board; 2020 funding opportunities with applications due by August 14, 2020 and a 20% minimum required match; said the sidewalk program has been suspended but there are funds for the Urban Arterial Program; he noted the recommended projects of Argonne Corridor concrete reconstruction, and the Sullivan Road Preservation and Sidewalk; he spoke of preliminary cost estimates of $2 million for the Argonne project, and $1.5 to $2 million for the Sullivan Road project; he noted he will have more refined costs when he brings this matter back to Council July 14. Mr. Jackson again mentioned that applications are due in August, and said the awards should be determined at the mid-November TIB board meeting. After discussion about possible matching funds of 30% and available REET funds, it was noted that this item will come back to Council for a motion consideration at the July 14 Council meeting. 6. Motorized Foot Scooters Erik Lamb, Carly Johnson Deputy City Attorney Lamb introduced Ms. Carly Johnson, legal intern, who just finished her first year at Gonzaga. Ms. Johnson then went through the proposed changes for Spokane Valley Municipal Code 9.20 as noted in her Request for Council Action form, and went through the proposed changes as noted in the red-line version of the draft ordinance. There was some discussion about streets with speed limits greater than 25 mph and that it would be unlawful to have a motorized personal transportation device on those streets except within designated bike lanes. Mr. Lamb added that the rationale for adding that clause is if you can have bike lanes, why not include motorized bikes as an option. Mr. Lamb also mentioned that Lime Bike Company wanted to enter into an exclusive contract with us about a year ago, but we did not as we promote all businesses and favor one over another; and said there could be potential risks with us on a contract with motorized bikes. There was some discussion about limiting motorized bikes to 15 mph on trails. Councilmember Woodard asked about providing amending language to allow only motorized bikes on trails and not any gas-powered bikes. Mayor Wick asked about separated sidewalks or trails and Mr. Lamb said a separated sidewalk is not a trail, and sidewalk use would be prohibited; he said staff could look nes, sidewalks, etc., and come back with a map showing the areas where the bikes would be allowed. amount and would need to verify that; and that there are classes for civil infractions, but traffic citations are usually just a set amount. Councilmember Hattenburg asked how many infractions there have been and Mr. Lamb said he would try to get that information from the Police Department on how many penalties and infractions were issued over the last several years. Mr. Lamb asked Council if they would like to proceed to a first reading or want more information, and it was agreed to proceed to a first reading, and that changes could be made then if needed. 7. Vapor Product Retail Sales Erik Lamb Deputy City Attorney Lamb explained that Council authority to regulate the location of vapor retail shops, and if we could preclude such shops from being near schools. Mr. Lamb explained that some of the problem is not just vapor retail stores but other stores that sell it; said he checked and there are 57 stores listed that sell vapor products, including supermarkets and gas stations all those without having to adopt a new definition for vapor product retail sales and regulate that separately from other types of retail shops; and if we were to adopt is Request for Council Action form, to effectively limit vapor product sales near schools, he explained we would have to either directly regulate vapor product sales in all types of retail stores, which we are preempted from doing, or limit retail sales near schools, which would be impractical. Mr. Lamb stated that the State Board of Health Council Meeting Minutes: 06-30-2020 Page 3 of 4 Approved by Council: DRAFT passed an emergency rule last year prohibiting flavored vapor products, which rule expired in February but said the Legislature may address the issue again in the future; and said that the State also raised the minimum age to purchase vapor products from 18 to 21. Mayor Wick and Council thanked Mr. Lamb for the informative report. 8. Advance Agenda Mayor Wick Mayor Wick asked about having a presentation from representatives from the hospitals on the COVID impact to their hospitals. There were no objections. 9. Monthly Reports The Finance Department Monthly Report and Police Department Monthly Report were information only items and were not reported or discussed. 10. Council Check-in Mayor Wick Councilmember Haley reminded everyone that STA (Spokane Transit Authority) will resume fare collection starting tomorrow; said the paratransit will still work even without receiving a note from a doctor. Councilmember Thompson extended congratulations to Spokane Council Member Candice Munn who was elected as AWC (Association of Washington Cities) Secretary; adding that it is nice to have someone from our region. Councilmember Thompson also cautioned everyone to be safe on this long upcoming weekend, as this weekend is notorious for deadly crashes involving drugs and/or alcohol. 11. City Manager Comments Mark Calhoun City Manager Calhoun stated that with the oath of office administered to Undersheriff Dave Ellis, he officially takes on his duties tomorrow as Spokane Valley Police Chief. Mr. Calhoun extended thanks to retiring Police Chief Mark Werner, who served as our Police Chief for the last four years; Mr. Calhoun enforcement history, and said that he has served well the priorities of our community; and on behalf of the Directors, including the Administrative Analysts Morgan Koudelka and John Pietro, said that we have all enjoyed working with Mark Werner and are the better because of him. It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:50 p.m. ATTEST: __________________________________ Ben Wick, Mayor ___________________________ Christine Bainbridge, City Clerk Council Meeting Minutes: 06-30-2020 Page 4 of 4 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:Department Director Approval: July 14,2020 Check all that apply : consent old business new business public hearing information admin. reportpending legislation executive session AGENDA ITEM TITLE: Resolution 20-010 Amending Governance Manual PREVIOUS COUNCIL ACTION TAKEN :Administrative Report June 2, 2020, and July 7, 2020. BACKGROUND: The Governance Manual Committee consists of Councilmember Rod Higgins, Councilmember Tim Hattenburg, Councilmember Linda Thompson, City Manager Mark Calhoun, City Attorney Cary Driskell, and City Clerk Chris Bainbridge. The Committee met in March and Mayand discussed and reviewed proposed changes to the manual. As a result of the Committee meetings, several changes were proposed, which were thendiscussed at the June 2, 2020 Council meeting. At that meeting, it was determined to add in the second public comment opportunityon the formal agenda, and to move the first opportunity to just before the Consent Agenda. During the July 7 Council meeting, no further changes were proposed. Pleasealsonote that referenced page numbers below are those in the red-line versionof the Manual. Executive Summary: edits on page 6 to make tense consistent; removedunnecessary bullet points, or to make sentence more clear; and removeditems addressed elsewhere. Chapter 1: Page 3: clarified process for adding something to an agenda during aCouncil meeting. Page 10: under order of business: there are now twoopportunitiesfor public comments (see xi and xv). Page 13: clarified that the only employee this pertains to is the position of city manager. Page 14–15: added new sections clarifying when it is necessary to call a special meeting; please note ‘g’at the bottom of page 14 where it speaks to Councilmembers attending meetings of a City department. Page 16-17: moved the explanation of public comments here; divided into sections for verbal, written and electronic comments. Page 18-19: added new section to address remote council meetings; added language about other public safety emergency issues; added additional verbiage about the Mayor stating at the beginning of such meeting, that a particular Councilmember is attending via remote communication and the reason for remote attendance. Page 24: Added that abstentionsare not permitted. Chapter 2: Page 33: clarified there are no term limits for the office of Mayor or Deputy Mayor. Page 36: clarified process for Council travel allocation. Page 37: edits concerning allowable travel expense with note about tips. Page 37:identified some personal toiletry articles not reimbursableas travel expense. Page 37:corrected conflicting statement concerning expense reimbursement report and when it is due. Chapter 3: Minor edits Chapter 4: Minor edits Appendix B: Core Beliefs Although not a part of this revision, Councildiscussedupdatingthe core beliefs resolution, which the Office of the City Attorney will bring forward at a later date this year(last updated 2007). Appendix C: Statement of Ethics :Added state statute citation for not accepting gifts or gratuities. Appendix D: Acronyms: Added COVID-19; Added WHO. OPTIONS Move to approve the Resolution and accompanying Governance Manual, with or without amendments. RECOMMENDED ACTION OR MOTION: Move to Approve Resolution 20-010 Amending the Governance Manual. BUDGET/FINANCIAL IMPACTS :Not applicable. STAFF/COUNCIL CONTACT :City Clerk Chris Bainbridge; City Attorney Cary Driskell; City Manager Mark Calhoun; Councilmembers Hattenburg, Higgins and Thompson. ___________________________________________________________________________ ATTACHMENTS : Resolution 20-010 with Governance ManualProposed Changes(clean and redline format). DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 20-010 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING CITY OF SPOKANEVALLEY RESOLUTION 18-011WITH ATTACHED‘GOVERNANCE MANUAL’COMPRISING THECITY COUNCIL’S COMPREHENSIVE COLLECTION OF MEETING RULES AND PROCEDURES;AND OTHER MATTERS RELATING THERETO. WHEREAS, written rules of procedureregarding how the City Council conducts its policy-making business for the Citybest ensurean atmosphere conducive to efficiency,uniformity and consistency; and WHEREAS, the rules and procedures adopted by the Council forconductingthe policy-making business of the City need to be amended from time to time to reflect changes in the law and practice of the Council. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1 :On December 18, 2018, Council adoptedResolution 18-011repealing and replacing the previously adopted City of Spokane Valley Resolution 18-008with AttachedGovernance Manual. Section 2. The Council herebyrepeals Resolution 18-011with AttachedGovernance Manual, and replaces it with “City of Spokane Valley Governance Manual,” which contains Appendices to that Manual,.all of which is attached hereto and incorporated herein. Section 3. Effective Date. This Resolution shall be in full force and effective upon adoption. Adopted this14 th day of July, 2020 ATTEST: _________________________________Ben Wick,Mayor Christine Bainbridge, City Clerk Approved as to Form : ___________________________________ Office of the City Attorney Resolution 20-010Governance Manual Governance Manual Adopted by Resolution 20-010 A Comprehensive Collection of Rulesand Procedures AdoptedJuly 14, 2020 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 13-005adopted 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 18-008 adopted 11-13-2018, replaced by Resolution 18-011 adopted 12-18-2018, replaced by Resolution 20-010adopted 07-14-2020 162 Page of TABLE OF CONTENTS Introduction ……………………………..…………………………………………………………. 4 Executive Summary ………………………………..……………………………………………… 5 CHAPTER 1: Council Meetings …………………………..……………………………...………7 A. General………………………………………………………..…………………………..……8 1. Time and Location……………………………………………..……………………….…… 8 2. Open to the Public………………………………………………..…………………….…… 8 3.Presiding Officer………………………………………………..………………….…… … 8 B. Meetings……………………………………………………………………….………………. 8 1. Regular MeetingsFormal Format …………………………………………………………..8 2. Regular Meetings: Study Session Format…………………………..………………………..8 3. Regular Meetings: Executive Sessions ……………………………………………………..11 4. Special Meeting………………………………………………………………….…………. 12 5. EmergencyMeetings ………………………………………………………………..……… 14 6. Pre-AgendaMeeting ……………………………………………………………………..….14 7. Cancellation of Meetings ……………………………………………………………………. 14 C. Meeting Rules and Procedures …………………………………………………………………14 1. Public Comments …………………………………………………………………………….14 2. Council Rules of Order ……………………..………………………………………………..16 3. Quorum ………………………………………..…………………………………………….. 16 4. Seating Arrangement ……………………………………………….…………………...……16 5. Attendance ……………………………………………………………………...……………16 6. Respect and Decorum …………………………………………………………………..……17 7. Dissents and Protests ……………………………………………………………..…………..17 8. Councilmember Meeting RemoteParticipation ……………………………………………..17 9. Internet Use ……………………………………………………………….…………………17 10. Adjournment Due to Emergencyor Disruption ………………………………….…..…….18 11. Permission Required to Address the Council …………………………………….……..…..18 12. Approaching the Dais ……………………….…………………………………….….……..18 13. Out of Order (sequence) Requests ……………………………………………….….……...18 14. Photographs, etc. Requiring Artificial Illumination Prior Permission Required .……….….19 15. Placing Items on an Agenda ………………………………..…………….…………….….. 19 16. Motions and Discussion ……………………………………..………….…………….……. 19 Tableof Parliamentary Procedure at a Glance ……………..………….…………….……21 17. Voting…………………………………………………………..……….…………….…….22 18. Recusal from Discussion and Consideration ……….……………….….…………….…….22 19. Ordinances …………………………………………………………………………….……. 23 20. Resolutions …………………………………………………………………………………. 24 21. Community Recognition Program………………………………………………………….. 25 22. Proclamations ……………………………………………………………………………… 25 23. Taxes: Increasing or imposing new taxes ………………………………………..…………26 24. Hearings …………………………………………………………………….……………… 26 25. Reconsideration ……………………………………………………………………..……… 27 26. Council Materials/packets …………………………………………………………………..28 27. Three Touch Principle ………………………………….……………………………….….28 CHAPTER 2: Legislative Processes and Procedures ………………………………………….30 A. Election of CouncilOfficers………………………………….……………………………….31 B. Filling CouncilVacancies.............……………………………………………………….…….. 31 C. Legislative Agendas………………………………………………..……………………….….. 34 D.CouncilTravel Allocation ……………………………………..………….……………………. 34 E. Council Expense Reimbursement Policy ……………………………..………………………… 34 262 Page of F. Ballot Measures ………………………………………………………………………………… 36 CHAPTER 3: CouncilContacts ………………………………………………………………….38 A. Citizen Contacts and Interactions………………………………………………………..……..39 1. Mayor/Council Correspondence ………………………………………………………….….39 2. Citizen Concerns, Complaints and Suggestions to Council ……….…………………………39 3. Administrative Complaints to Individual Councilmembers …………..……………………..39 4. Social Media …………………………………………………………………………………39 5. Donations …………………………………………………………………………………….39 B. Staff Contacts and Interactions ………………………………………………………..………..40 1. Role of the City Manager……………………………….……………………………………40 2. City staff Attendance at Meetings ………………………….………………………………..40 3. City Clerk –Minutes ……..………………………………………..………………………….40 4. Administrative Interference by Councilmembers …………………………………………….40 5. Informal Communications Encouraged ………………………………...…………………….40 CHAPTER 4:Committees, Boards, Commissions ……………….…………………………… 42 A. RegionalCommittees, Commissions and Boards ……………………………..……………… 43 1. Committees …………………………………………………………………………………..43 2. Council Relations with Boards, Commissions, Advisory Bodies …..……………….……….43 B. In-houseCommittees, Boards, etc. …………………………………………….……………….43 1. Standing Committees …………………………………………………..…………………..…43 a. Planning Commission …………………………………………….……………………….. 44 b. Lodging Tax Advisory Committee ………………………………………………………....44 c. Finance Committee …….……………………………………………...…………………… 44 d. Governance Manual Committee …………………………………………………………… 45 e. Agenda Committee ………………………………………………………………………… 45 C. PrivateCommittees, Boards, Commissions ……………………………………………………45 Appendices: A. Public Hearings, Quasi-Judicial …………………………………….………………………….46 B. Resolution 07-019 Core Beliefs………………………………………….…………………….47 C. Statement of Ethics …………………………………………………………..…………………. 49 D. Frequently Used Acronyms ……………………………………………………….…………… 50 E. Application for City Council Member ………………………………………………………… 53 F. Request to Transfer Travel Allocation from One Councilmember to Another .……………….. 56 G. Definitions …………………………………………………………..………………….………58 Index……………………………………………………………………………………..…………59 Endnotes ………………………………………………………………………………..………….61 362 Page of 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, which can be found in full in Appendix B on page47. This Manual has undergone several changes since its inception, withsome sections remainingstatic over the years, such as Council meeting time and location, and other sections havingbeen modified to include Internet use, filling Council vacancies, the use of social media, and the option for Councilmembers to view their packet electronically. ThisManual 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 forany 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. 462 Page of 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 ofgovernment 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 providethe 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 individualrights are critically important in our society, and the City is committed to not 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 quorumof four or more in a non-public meeting. Unless as part of a duly noted Council meeting, aquorum of four or more Councilmembers shall 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: The City’s 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 annual 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 page47of 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 562 Page of Managershall 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 voteof 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. each Some of the duties, responsibilities, and limitations of Councilmember: Brings the experience, concerns and knowledge of a typical City resident to City government. Is cognizant of the needs, wants and concerns of City residents and businessesas a whole. Contacts residents and businesses to gather feedback and ideas. The resulting information may be shared with staff or other Councilmembersindividually, or with fewer than two simultaneously (but not serially), or with all Councilmembers at a Council meeting Studiesinternal and external written and documented information related tothe government and administration of the City. Is prohibited from giving City employees directives,or saying anything that could be taken as an attempt to influence the conduct of the employee’s job Givesfeedback and ideas regarding City government andadministration to the City Manager. Participates in assigned City and regional committees and all Council meetings. When acting in the capacity of Councilmember outside of Council meetings, communicatesthat 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. Administrative Branch: The City Managerand City Staff. The City Manageris the City’s chief executive officer and head of the administrative branch.The City Managerisan at-will positionandreports directly to the Council. . The City Manager is directly accountable to the City Council for the execution of the City Council’s policy directives, for the administration and management of all City departments, and for the supervision of all members of staff. (See Chapter 3(B) of this Manual and chapter 35A.13.RCW for adescription of the role of the City Manager.) Although this summary is provided as anoverview of the Governance Manual, reading the entire Manual is strongly encouraged. 662 Page of CHAPTER 1 CouncilMeetings 762 Page of A. General 1.CouncilMeetings-Time and Location Regular meetings of the City Councilshall be held at Spokane Valley City Hall CouncilChambers on Tuesdays beginning at 6:00 p.m.Pursuant to RCW 42.30.070: “Ifat 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 dayafter a holidaywould also be a regular meeting, as opposed to a special meeting.The Council always has the option of cancelling such meeting. 2.CouncilMeetings -Open to the Public All meetings of the City Counciland of committees thereofshall be open to the publicexcept as provided for in RCW 42.30.110 1(Executive Sessions), or RCW 42.30.140 2(Open Public Meetings Act). 3.Presiding Officer The Mayor shall preside at meetings of the Counciland be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive dutiesunless specifically set forth herein.In case of the Mayor's absenceor temporary disability, the Deputy Mayorshall 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 voteof the remaining members of the Council,shall act as 3 Mayor during the continuance of the absences\[RCW 35A.13.035\]. The Mayor, Deputy Mayor (in the Mayor’s absence) or Mayor Pro Tem are referred to as “Presiding Officer” from time to timein these Rules of Procedure. B. Meetings 1.Regular Meetings: Formal Format ndth a.Normally held 2and 4Tuesdays. The City Clerk, under the direction of the City Managerin 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 Councilmeeting, or at the close of business at least 24 hours preceding a special Councilmeeting, acopy 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. b. Requests for presentationsfrom outside entities or individuals to be placed on a future agenda, will only be permittedif they are considered theofficial business of the City. Such requests should be submitted to the City Clerk at least 10days prior to the appropriate Councilmeeting. The City Clerk shallconsult with the City Managerand the Mayorfor a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Councilagenda. 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 atleast ten days prior to the appropriate Councilmeeting. c.Forms of Address. The Mayor shall be addressed as “Mayor (surname).” The Deputy Mayor shall be addressed as “Deputy Mayor (surname).” Members of the Councilshall be addressed as “Councilmember (surname)” unless waivedby the Presiding Officer. . d.Order of BusinessThe business of all regular formal meetings of the Councilshall be transacted as follows, provided, however, that the Presiding Officer may, during a Councilmeeting, rearrangeitems on the agenda to conduct Councilbusiness 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 Councilto make a motion and vote onapproving the “amended agenda.” 862 Page of i.Call to Order by the Presiding Officer ii.Invocation iii.Pledge of Allegiance iv.Roll Call(See Chapter 1, C4b\[page 16\]for procedure to excuse an absence) v.Approval of Agenda/AmendedAgenda.In case of an emergencyor an extremely time-sensitive issue which neither the administration nor the entire Councilwas aware of prior to the distribution of the agenda and accompanying materials,anew item may be introduced by a Councilmember,and suggested as an amended agendaitem for the present meeting. If anewitem(s) is added, Councilshall then consider a motion to approve the amended agenda.(“Three-TouchPrinciple” 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 mightneed to be made at other times during the meeting. vi.Introduction of Special Guests and Presentations. vii.Councilmember Reports.Councilor government-related activities (e.g. synopsis of committee, commission, task forceor other board meetings). These verbalreports are intended to be brief, City work-related reports of significance in keeping the Councilinformed of pertinent policy issues or events stemming from their representation of the City on a regional board,committee,task forceor 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. viii.Mayor’sReport. Same as ‘vii’ above except given by the Mayor ix. Proclamation.The Mayor will announce the proclamation, announce who has requested this proclamation and after the Mayor or Councilmember 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. x.Public Hearings(See Chapter 4 for procedural details) xi. Public Comments: See Section “C Meeting Rules and Procedures” xii.Consent Agenda.Items which may be placedon the Consent Agenda are those which have been previously discussed by the Council; can be reviewed by a Councilmember without further explanation; are so routine, technical or nonsubstantivein nature that passage without discussion is likely; or are otherwise deemed in the best interest of the City.The proper Councilmotion on the Consent Agenda is: “I move approval of the Consent Agenda.” This motion hasthe 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 itemson the Consent Agenda. xiii.UnfinishedBusiness.\[includes matters that were pending when aprevious meeting adjourned, or matters specifically postponed to the present meeting\] xiv.New Business\[Action items are designated as New Business\]Any member of the public who wishes to verbally address the Councilon an action item on the current agenda,shall proceed to the podiumat the time when comments from the public are invited during the agenda item discussion. The Councilmay hear such comments before or after initial Councildiscussion. The Presiding Officer may also invoke a sign-in procedure. If necessary the Presiding Officer in consultation with the City Managerand/or City Attorney shall rule on the appropriateness ofverbalpublic commentsas the agenda item is reached. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. xv.Public Comments. See Section “C Meeting Rules and Procedures” xvi.Administrative Reportsor tracking of an administrative issue or topic. xvii.Information Only ItemsThese items aregenerally not discussed or reported. xviii.City ManagerComments xvix.Executive Session (as required)(See Chapter 1, section B1c below) 962 Page of xx.Adjournment. No Councilmeeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of theCouncilmemberspresent. A new time limit shallbe established before taking a Councilvote to extend the meeting.When amotion 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, noadditionalmotion 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 Councilas herein specified, the items not acted on shall be deferred to the next regular Councilmeeting, unless the Councilby a majority voteof members presentdetermines otherwise. 2.Regular Meetings: Study Session Format strdth a. Normally held 1, 3and 5Tuesdays. 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 will be times when due to deadlines or other pressing or time sensitiveissues, action items must be included.Study sessions shall be in a less formal setting than regular formal meetings. Councilmay be seated other than at the dais, but shall not discourage public observation. Unless there are designated action items which permit public comment, there shallbe no public comment atstudy sessions although the Councilmay request staff or other participation in the same manner as a regular formal Councilmeeting. The City Clerk, under the direction of the City Manager, shall arrange a Councilstudy 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 close of business on a Friday preceding a Tuesday Councilmeeting. Councilmembers have the option of accessing their Councilpacket via the City’s website. Unless notified otherwise, the City Clerk shallprepare a hard copy agenda packet for individual Councilmembers. b.Action Items. Although action itemsmaybe 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. Asin the formal format meetings, public comment will be allowed on action items. c.Unexpected Motions.Because study sessions are usually understood by the public and media as referring to meetings at which Council considers anddiscusses items and does not take final action or vote, it could be misleadingto 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 specialcircumstance. 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 surprisesto the public and media, the practice is discouraged. d.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 ofthe 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. e.Outside Requests. Outside requests to be included on a Council agenda will only be permittedif they are consideredthe official business of the City. Such requests should be submitted to the City Clerk at least 10 days prior to the appropriate Councilmeeting. The City Clerk shallconsult with the City Managerand the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Councilagenda. Playing of videos, DVD’s, PowerPoints, or other electronic presentations shall be pre-screened and pre-approved by the City Manageror designee, who shall determine the appropriateness of the material.In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, shallbe submitted to the City Clerk atleast 10days prior to the appropriate Councilmeeting. 1062 Page of . f.Forms ofAddressCouncilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. . g.Order of BusinessThe business of all study sessionmeetings of the Councilshall be transacted as follows, provided, however, that the Presiding Officer may, during a Councilmeeting, rearrangeitems on the agenda to conduct Councilbusiness 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.” i. Call to Order ii. Roll Call. The City Clerk shall conduct a roll call of Councilmembers (See Chapter 1, C4 page 16 for procedure to excuse an absence.) iii.Approval of Agenda/Amended Agenda. In case of an emergencyor an extremely time-sensitive issue which neither the administration nor the entire Council was aware of priorto the distribution of the agenda and accompanying materials, a new item may be introduced by a Councilmember, and suggested as an amended agendaitem for the present meeting. If anew item(s) is added, Councilshall then consider amotion to approve the amended agenda.(“Three-TouchPrinciple” 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. iv. Presenter’s Role. During the Councilstudy session, the presentershould 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. v. Advance Agenda vi.Information Only ItemsThese items aregenerally not discussed or reported. vii. 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 in connection with theirrole as a Councilmember,that transpired since the last Council meeting. It is also an opportunity for Councilmembersto bring up topics for clarification or to address other upcoming concerns. viii. 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 thenext Council meeting. ix.Adjourn. No Councilmeeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of theCouncilmembers present. A new time limit shallbe established before taking a Councilvote to extend the meeting. 3.Regular Meetings: Executive Sessions a.Executive sessionsshallbe held pursuant tothe Open Public Meetings Act,chapter 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 Counciltopublicly announce the purpose for adjourning into executive session; when the executive session will be concluded;and thelikelihood of Counciltaking action at the close of the executive session and return to open session. i. At the close of the executive sessionand upon Council’s return to chambers, the Presiding Officer declaresCouncilout of executive session, and asksfor the appropriate motion (i.e. an action motion or a motion to adjourn). ii. Toprotect the best interests of the City, Councilmembers shallkeep confidential all verbaland written information provided during executive sessions.Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt 4 from disclosure under the Code of Ethics for Municipal Officers (RCW 42.52) and/or the Public 5 Records Act (RCW 42.56). 1162 Page of b. RCW 42.30.110explainsthe purpose for holding an executive session, some of which include: i.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). ii.RCW42.30.110(1)(g).To evaluate the qualificationsof an applicant for public employment or to review the performance of a public employee. \[The only employee subject to this evaluation is the position of City Manager.\] 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. \[Note:stating that an executive session’s purposeis todiscuss a “personnel matter” is not sufficient because only certain types of personnelmattersare appropriate for discussionin an executive session.\] (review qualifications of a public employee) iii.RCW 42.30.110(1)(h).To evaluate the qualificationsof a candidatefor 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 qualificationsof an elected official). iv.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 counselrepresenting 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 (1)(i), “potential/pending litigation”means matters protected by Rules of Professional Conduct (RPC)1.6 or RCW 5.60.060(2)(a) concerning: (a)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; (b)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 (c)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. c.Councilmay adjourn into executive sessioneven if it is not listed on the meeting agenda. There is a 6 requirement in RCW 35A.12.160that 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 thematter would not be taken at the executive session, it would not violate any provision in state law to holdan executive session at a regular Councilmeeting 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. d.Attendance at Executive Sessions.The City Attorneyor Deputy City Attorney shallattend executive sessionswhich address litigation or potential litigation. The question of who may attend an executive session other than the Council,is determinedby the City Manager. 4.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 Councilworkshops or retreats. 1262 Page of b.A special meetingmay be called by the Mayor or any three members of the Council. (RCW 35A.13.170 7, 8 35A.12.110).Written noticeof 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 transactedand shallbe posted on the City’s website and displayed at the main entrance of the meeting location (RCW 42.30.080 9 ). The notice shall be delivered toeach member of Councilat least 24hours before the time specified for the 10 proposed meeting (RCW 35A.12.110).The noticing regarding such decision to hold a special meeting (made by the Mayor or any three Councilmembers), shallbe handled by the City Clerk’s Officethrough the City Manager. c.The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080 11, 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 meetingis called to deal with an emergencyinvolving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impracticaland 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 toregular 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 Councilto allow time for the publicto comment on action items and the “public comment” should be so noted on the agenda. Once the Special Meeting Agenda has been published and distributed,the agendamay be amended provided the amended agendais distributedto Councilmembers and to the media, and posted on the City’s websiteand at the meeting doorway, at least 24 hours in advance of the special meeting. Final disposition shall notbe taken onany 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 12 taken(RCW 42.30.080(3))Council may not pass a franchise ordinance at a special meeting \[RCW 35A.47.040\]. f. There have been questions about whether it is necessary to call a special meeting in situations where Councilmembers are invited to attend a publicmeeting not called by the City as an official Council meeting, and whether it is legal for a quorum of Councilmembers to be present without violating the Open Meeting Act. According to the Washington State Attorney General Opinion 2006, No. 6, the “presence of a quorum of members of a city or county council does not, of itself, cause the Open Public Meetings Act to apply if councilmembers attend a public meeting called by a third party. The gathering of councilmembers would be a ‘meeting’ for purposes of the Act only if the councilmembers take ‘action’ as defined in the Act, such as voting, deliberating, or other official business of the council.” g. There are times when several Councilmembers desire to attend a meeting of a City Department, such as a meeting scheduled by the City Engineers to discuss a construction project, or a meeting scheduled through the Finance Department to hear a report from the State Auditors, or a meeting scheduled by the Parks & Recreation Department to discuss parks or other City business. Because these meetings can at times present questionable concern when it comes to the Open Public Meeting Act, Councilmembers who desire to attend such meetings shall notify the City staff at least two working days prior to the meeting, of their intent to attend, and only the first three Councilmembers who indicate they will be attending any particular meeting, may attend. This is necessary in order not to violate, or perceive to violate the Open Public Meetings Act. h. RCW 42.30.070 statesin part: “It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular or special meeting provided that they take no action as defined in this chapter.” \[MRSC Research News –Summer, 2016\] A quorum of Councilmembers traveling together for a scheduled tour would not be in violation of the Open Public Meetings Act provided they do not discuss City business. However, comments and discussion as a result 1362 Page of of the tour, shall be done at a regular Council meeting and not during the tour or outside of a regular or special Council meeting. 5. EmergencyMeetings :EmergencyCouncil meetings may be called by the Mayor or any two Councilmembers, consistent with the provisions of chapter 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 meetingis called to deal with an emergency involving injury or damage topersons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impracticaland 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.” \[RCW 42.14.075\] 6. Pre-AgendaMeetings : The City Manager, City Clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to review the Councilagenda of the upcoming meeting,which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impendingmeeting. 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 Agenda Committee under Chapter 4 internal committees) 7. 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 isgiven for a special meeting. The decision to cancel a meeting will be made by the City Manager in consultation with the Mayor and/or Agenda Committee and time permitting, will be 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. Public Comments This is an opportunity for public commentson subjects not on the agenda for action. Speakers may sign in to speak, but it is not required. Speakers are limited to three minuteseach 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 theopportunity 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.The desired total time for public comments shall not exceed 45 minutes; however, that time limit may change at the Mayor’s discretion. 1462 Page of a. Verbal Comments: i. Comments shall only be made from the podiummicrophone, first giving name, city of residenceand 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 questionsand answers, but public comment. When appropriate, staff shallresearch issues and report back to those making the comment as well as to Council.Public commentsare opportunities for speakers to briefly address Council, and those speaking are to address members of Counciland 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 theinterest of time and keeping in mind all documents submitted during Councilmeetings become the property of the City, graphs, charts, posterboards, PowerPoint presentations, or other display materials are not permitted, although written commentsand written materials including photographs and petitions may be submitted to Councilvia the City Clerk. ii. Demonstration,applauseor other audience participationbefore, during or at the conclusion of anyone's public commentsis prohibited. Any disruptiveconduct, as determined by the Presiding Officer, shall be cause for removal from the meeting room. Any ruling by the Presiding Officer relative to thesesubsections on public commentsmay be overruled by a vote of a majority of Councilmembers present. iii. Councilshall not permit public commentsif they relate to any matter upon which a quasi-judicialhearing has been required, scheduled, or held. (See page 26for 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 ballotissue. (Seepage 36,Chapter 2, FBallot Measures.) iv. Disruptive public conduct: a. Conduct in any form that interferes with Council’s ability to timely conduct the business of the City will not be allowed. If a situation arises where a speaker exceeds the three minutes (unless permitted to continue by the presiding officer), the City Clerk will turn off the microphone, and the Mayor will ask the speaker to please stop talking and step away from the podium. b. If the speaker continues after the first request, the Mayor will ask the speaker once again to stop talking, and will warn the speaker that failure to stop will result in a suspension of their privilege to speak at public comment for 90 days. If the speaker continues, the Mayor will gavel in a five-minute recess. c. Upon return from recess, public comment will start again with a caution from the Mayor that if any other speaker refuses to stop talking after being asked to do so after the three minutes, the remainder of the public comment for the night will be terminated. d. If necessary in the discretion of the Presiding Officer, and in an attempt to reasonably calm a situation or resolve a conflict, the City Attorney or Deputy City Attorney shall act as a staff liaison with a member of the public who refuses to stop talking and refuses to move away from the podium. b.WrittenComments: Citizens have the option of submitting written views, opinions, comments, data and arguments to Councilon any topic and at any time, not just prior to or during public Councilmeetings. Unless the Mayor asks the Clerk to read written mailed or e-mailed comments, or the citizen reads their own prepared written comments, such comments shallnot be read aloud during regular or special Councilmeetingsalthough 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 Councilvia the City Clerkshallbe distributed to Councilby placing copies at each Councilmember’s workstation or City desk; or in the case of e-mailed or other electronic comments, shallbe forwarded to Councilvia e-mail, unless such e-mail has already been supplied to members of Council. If individual Councilmembers receive written (including electronic) public commentsor materials for the purpose of reading/sharing those materials during Councilmeetings, those materials should be submitted to 1562 Page of the City Clerk prior to the Councilmeeting so the Clerk can make copies for later distribution to members of Council. c. Electronic Comments: Councilmembers shall avoid accessing any electronic messageduring Council meetings. Accessing such communication could be construed as receiving public comment without the benefit of having the citizen in person toaddress their concerns to the entire Council at once. (Seealso page 17,C8 InternetUse) 2.CouncilRules of Order The City Clerk shallserve as the official parliamentarianfor all Councilmeetings, and shallkeep a copy of the most current “Robert’s Rules of Order”(RONR) in CouncilChambers during Councilmeetings. 3.Quorum At allregular and special meetingsof the Council, a majority of the Councilmembers who hold office shall constitute a quorumfor the transaction of business. A lesser number may adjourn from timetotime, provided that written noticeof said adjournment isposted on the exterior CouncilChamber doors pursuant toRCW 42.30.090 13.Councilmeetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170 1415 , 35A.12.120) 4.Seating Arrangement Councilmembers shall occupy the respective seatsin the CouncilChamber assigned to them by the Mayor. 5.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 16 35A.12.060“acouncil positionshall 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 absenceif 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 Managerprior to the meeting, and by stating the reason for the inability to attend. Acceptable absencesmay include death of a family member, family or personal illness, inclement weather, accident, scheduled vacations, family or personal emergency, City related business, or unusual or unforeseen circumstances. Following or prior to roll call, the PresidingOfficer 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: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 absenceunder the following conditions: i. Such serious health or physical condition must be certified in writing by a medical physician. ii. The request for a leave of absenceshall be in writing, and hand-delivered or mailed to the Mayor, City Clerk, or City Managerat least one week prior to the date when such leave would commence. iii. The request for a leave of absencemust state the anticipated date the Councilmember will resume their duties. iv. By majority voteof the whole Council, a leave of absenceshall be granted as follows: (a)The absence shall not exceed 90 days from the date the motion is passed by Council (b)The absent Councilmember shall retain pay and medical benefits during the leave of absence (c)At the end of the 90-day leave of absence, the absent Councilmember shall either: i.Return to normal Council duties commencing with the first Tuesday following the end of the 90-day leave; or 1662 Page of ii.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 absencemay 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. 6.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 Councilis 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 anyCouncilmember while speaking. Councilmembers and the public shall comply withthe directivesof the Presiding Officer.Any Councilmembermaking 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#10below. 7.Dissents and Protests , Any Councilmember shall have the right to express dissent from or protest verbally or in writingagainst any motion, ordinance or resolution of the Counciland have the reason therefore entered in the minutes. 8.Councilmember Meeting RemoteParticipation a. RemoteCouncil Meetings:In the event of unusual circumstances such as a pandemic or other health or safety emergency where Council meetings would need to be held in such a manner as to protect the health, safetyand welfare of Council, staff and citizens, participation in such meetings shall be done remotely provided an option is available for the public to attend through internet or other electronic means. Council, staff and the public must be able to see and hear the meeting proceedings. At least a quorum of councilmembers must be able to participate. b. Telephone or electronic Participation: On occasion, a Councilmember may be unable to physically attend a meeting, but wish to attend via telephone conference call. Provided there is technical availability for the Councilmember to hear the proceedings, be heard by those present, and be able to participate in Council discussion, a Councilmember may request suchparticipation. Requests to participate in a Council meeting via telephone conference call must be made at least one week in advance, and shall be approved by Council by motion. The Councilmember making the request, may also vote on the motion. More thanone Councilmember may request participation via telephonefor the same meeting, provided 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; and provided that a quorum of Councilmembers would physically attend the meeting.During any meeting that a Councilmember is attending via remote communicaiton, the Mayor or presiding officer shall state for the record at the beginning of such meeting, that a particular Councilmember is attending via remote communication and the reason(s) for such attendance. 9. InternetUse a. 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 1762 Page of use, conserve and protect electronic information and information technology resourcesand to preserve and enhance the integrity of those resources which belong to the citizens of Spokane Valley. b.As noted on page 16,Councilmembers shallavoid accessing any electronic messageduring Council meetingswhether by e-mail, text, or other means,.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 shallavoid browsing the Internetduring Council meetings in order that Council’s full attentioncan be given to the topic at hand. c.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 useisprohibitedunless it has been determined by the City Attorney, Washington State Attorney General, or Washington Public Disclosure 17 Commission, that such use is not a violation of RCW 42.17A.555or is otherwise authorized by law. d.Confidential materialshallnot be sent via e-mailor text. e.All letters, memoranda, and interactive computer communication (e-mail, text, tweet, etc.) involving Councilmembers, the subject of which relates to the conduct of government or the performance of any governmental function, with specific exceptions stated inthe 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 the member of the public or news media filing a public recordrequest with the City Clerk.With this in mind, textingand tweetingconcerning City business is strongly discouraged. f. E-mail communications that are intended to be distributedamong all Councilmembers, whether concurrently or serially, shallbe considered in light of the Open Public Meetings Act. If the intended purpose of ane-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. 10.AdjournmentDue to Emergencyor Disruption In the event of an emergencysuch as a fireor 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 Councilas well as everyone in the roomshall immediately leave the meeting roomand if necessary, leave the building.The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 11.Permission Required to Address the Council Persons other than Councilmembers and staff shallbe permitted to address the Councilupon recognition and/or introduction by the Presiding Officer or City Manager. 12.Approaching the Daisby Members of the Public Once a Councilmeeting has been called to order, members of the public are prohibited from stepping between the speaker's podiumand 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. Councilreserves the right to invite anyone forward to the podium to be addressed by Council. 13.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 orderrequest.Alternatively, the memberof the public could also discuss their request with the Mayor prior to the meeting. 1862 Page of 14.Photographs, Motion Pictures or VideosRequiring Artificial Illumination –Prior Permission Required No overhead projection, photographs, motion pictures, or videosthat require the use of floodlights, or similar artificial illumination shall be used by the public at City Councilmeetings without the prior consent of the Presiding Officer or the City Manager. 15. Placing Items on an Agenda: a.New Item Council Business: During the Advance Agenda portion of a council agenda, aCouncilmember may request to have items placed on a future agenda. Each request shall be treated separately. The City Manageris most familiar with staff’s workload and shall determine when the item can be prepared and brought forward to Council,unlessthe Council wants to discuss the item prior to staff’s involvement. The following process shall be used to propose an item forafuture Council meeting: i. A Councilmember may propose an item and give abrief explanationof the issue and its importance to the City. ii. Councilmembers may ask clarifying questions. iii. By a show of hands,a consensus of fouror more Councilmembers maymove 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 Manageror come directly from the City Manager as part of the normal course of business. 16.Motions and Discussion a.Order of Procedure: I move . i. Memberof Councilmakes a motion by stating: “. .”After the motion is seconded,staff makes their presentation, then the Mayor will ask Council if there are any questions of staff. Once all questions have been addressed, the staff member shall step away from the podium to allow for any public comment. ii.The Mayor will invite publiccomments. Public comments should be limited to one comment per person per topic and limited to three minutes.The Mayor can remind the public this is time for comments and not discussion; and if the public has questions, those questions shallbe addressed by staff at another time outside the meeting. iii.The Mayor will open the floor to Councilfor discussion.The maker of themotionnormally 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 Councilremarks should be addressed through the Mayor. iv.When discussion has ended, theMayor will re-state the motion or ask the Clerk to re-state the motion. Once the motion is re-stated, the Mayor will call for the vote, which is normally taken by voice. The Mayor or the Clerk will then state whether the motion passed or failed. b. In General: i.Except in rare circumstances,Councilmotions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent “approval by default” of a failed negative motion. ii.Agenda items scheduled for Councilaction shall require a motion by a Councilmember before discussion unless by majority votethe Councilsuspendsthe requirement. If a motionfails, the agenda item shall be considered concluded. However, said itemcould bereconsidered if done during the same meeting, or through Council majority voteit 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.) iii.Councilmembers should direct questions to the City Manageror the designated presenter. iv.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. 1962 Page of 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. v.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 motionmayvote against the motion but cannot speak against their own motion. vi. No one should be permitted to speak twiceto the same issue until everyone else wishing to speak has spoken. All remarks shallbe directed to the Presiding Officer and shallbe 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 measurethat is the subject of debate. vii.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. viii.Motions shouldbe reserved for items marked on the agenda for action, so as to avoid any surprises forCouncil,staff and the public. 2062 Page of Parliamentary Procedure at a Glance Roberts IF YOU YOU SAYINTERRUPTNEED Can be Can be VOTE ND Rulesof WANT TO2DebatedAmended Order § 11PostponeI move to postpone . . . NoYesYesNoMajority indefinitely (the . (an affirmative vote purpose is to can be reconsidered; a prevent action negative vote cannot.) or kill an issue.)indefinitely 12Modify wording I move to amend the NoYesYesYes**Majority of motionmotion by . . . 14Postponeto a Ex: I move to postpone NoYesYesYesMajority certain timethemotion to thenext Councilmeeting. 16Close debateI move the previous NoYesNoNoMajority* question, or I call for the question*** 17To TableaI move to lay on the NoYesNoNoMajority motiontable, the motion to 19Complain about Point of PrivilegeYesYesYesYesChair noise, room decision temperaturesetc 20Take breakI move to recess for . . NoYesNoYesMajority 21AdjournI move to adjournNoYesNoNoMajority meeting 23Object to Point of OrderYesNoNoNoChair procedure or decision personal affront 25Suspend rulesI move to suspend the NoYesNoNoMajority* rules and . . . 34Take matter Imove to take from NoYesNoNoMajority from tablethe tablethe motion to 35Reconsider I move we reconsider NoYesYesYesMajority something action on . . . already disposed of the purpose of tabling a motion It should be noted that isnot 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 motionto simply withdraw the motion.The withdrawalof a motion should be done with the consent of the seconder is not needed to withdraw a motion, however, 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. Themotion to table enables the assembly tolay the pending questionaside temporarily when something else of immediate urgency has arisen. The motion to “Lay on the Table”is out of orderif the evident intent is to kill or avoid dealing with a measure. (Robert’s Rules of Order Newly th Revised, 10Edition) *(Robert’s Rules of Order Newly Revisedstates 2/3 vote required. Councildirection is to base vote on majority except on matters where 2/3 (or majority plus one) is required by state statute. ** Ifthe mainmotion to amend can be amended. ***Call for the Question: if it is felt that debate on a motion on the floor has continuedlonger 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. 2162 Page of 17.Voting The votes during all meetings of the Councilshall 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 voiceor a show of hands. Atthe request of any Councilmemberor 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 tievote on a motion, the motion shall be considered lost. c.Every member who was presentwhen 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 Councilmemberhas recused themself due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand.Abstentions are not permitted as abstentions are equivalent to not voting, and the members of the public expect their elected officials to vote on issues. 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 Managershallrequire the 18 affirmative vote of at least a majority of the wholemembership of theCouncil(RCW 35A.12.120).Except as provided in “e” below, all other motions or resolutions shall require an affirmative vote of at least a majority of the quorumpresent. e. Majority Plus One:The passage of any public emergencyordinance (an ordinance that takes effect immediately),expenditures for any calamity,violence of nature,riot,insurrection,or war;and provisions for 19 a lesser emergency, such as a budget amendment(RCW 35A.33.090),shall require the affirmative vote of at 20 least a majority plus one of the whole membership of the Council. (RCW 35A.13.190). 18.Recusal From Discussion and Consideration . a. Situations may arise when a Councilmember should consider whether to recusethemselves 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 biasin some fashion regarding an issue before the Council. For additional discussion and explanation, please see Appendix C–Spokane Valley Councilmembers’ Statement of Ethics. The overarchinggoal 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).\[Self-dealing is defined as a situation in which a fiduciary acts in his own best interest in a transaction rather than in the best interest of his clients. A fiduciary is legally obligated to act in the best interest of his clients. A fiduciary is a person to whom property or power is entrusted for the benefit of another.\] b.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: i.Using “his or her position to secure special privileges or exemptions for himself, herself, or others.” ii.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.” iii.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.” iv.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.” c.Conflict of interest–contracts. In contractual matters, Councilmembers are required to avoid directly benefittingfrom contracts entered into by the City. When a Councilmember is aware that they may benefit from such a contractual relationship, they are required to recusethemselves. Other situations may arise where a Councilmember may indirectly benefit. In these circumstances, the determination of whether a conflict of 2262 Page 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. d.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 biasto 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 recusethemselves 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. e.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 recusethemselves, 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. f.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 recusemyself 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 recusemyself 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. g.The following is an example of appropriate language where the Councilmember determines that he/she does notneed to recusethemselves 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 recusemyself, and will participate with the rest of the Council in the discussion and decision. 19Ordinances a. Except for unusual circumstancesor emergencies, ordinancesand resolutions shallcustomarily be prepared, introduced and proceed in accordance with the “Three TouchPrinciple.”Prior to final passage of all ordinancesorresolutions,such documents shall be designated as drafts. b.ACouncilmember may, in open session, request of the Presiding Officer that the Councilconsider enacting an ordinancefor a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration, a committee,or the Councilfor consideration. The committee or administration shall report its 21 findings to the Council. The City Managermay propose the drafting of ordinances (RCW 35A.13). Citizens, Boardsand Commissions may also propose consideration of ordinances and resolutions. c. 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. 2362 Page of d. Ordinancesshall normally have two separate readings at separate Councilmeetings. Unless waivedby the City Councilat each reading, the title of an ordinance shall be read by the City Clerkprior to its passage. However, if aCouncilmember requeststhat the entire ordinance or certain sections be read, such request shall be granted. Printed copiesshall be available upon request to any person attending a Councilmeeting. e. Theprovision requiring two separate readings of an ordinance may be waivedat any meeting of the Council by a majority voteof all members present.This would require a successful motion to suspend the rules and pass the ordinance on a first reading. f. Ifa 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 afirstreading. g. Anyordinance 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. not h. Council may pass a franchise ordinanceat a special meeting\[RCW 35A.47.040 22\]. passage of any ordinance i.The , grant or revocation of franchise or license shall require the affirmative vote least a majority of the wholemembership 23 of at of theCouncil. \[RCW 35A.13.170 j.The passage of any public emergencyordinance (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.33.090 24), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190 25). k. 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 shallnot 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. 20.Resolutions a. A resolution may be approvedon the same day it is introduced.While it is not necessary to have the title of aresolution read aloud, Councilmay invoke the two reading procedures described above to facilitate public understanding and/or comment on the resolution. If Councilinvokes the two reading procedures, a Councilmembermay request that the entire resolution or certain sections be read, and such request shall be grantedand the City Clerk shall read as requested. Printed copies shall be made available upon request to any person attending a Councilmeeting. b.The passage of any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Managershall require the affirmative vote of at least a majority of the whole membership of theCouncil. c. 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 shallnot 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 specificissue is held before the Planning Commission, which would result in a resolution for Council consideration. 2462 Page of 21. Community Recognition Program: a. In an effort to acknowledgeoutstanding 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 onemay 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. 22. Proclamations: a. Ceremonial proclamations not associated with the Community Recognition Program. i. 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 issueproclamations, and requests for a proclamation should be directed to the Mayor or the City Clerk. ii. 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. iii. Proclamations can be issued at the discretion of the Mayor, and may be for organizations, individuals, or businesseswithin or outside Spokane Valley’s jurisdiction. b. Procedure for proclamations to be read at a Council Meeting: i. The person making the request need not be a Spokane Valley resident ii. Requests should be made at least four weeks in advance of the scheduled Council meeting iii. The person asking for the proclamation should agree to be in attendance or have someone attend in their stead iv. The City Clerk will inform therequestor whether the proclamation request is approved v. The person making the request shall draft the proclamation and send it to the City Clerk once approval is given vi. The City retains the right to modify and/or edit the proposed proclamation as it sees fit vii. It is the Council’s preference to have proclamations read at formal meetings, which are generally ndth held the 2and 4Tuesdays; 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. 2562 Page of 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. The Council strongly believes in fiscal restraint, and 23. Taxes: Increasing or Imposing New Taxes that increasing the taxburden on its property owners and citizens by increasing or imposing new taxes shouldbe avoided except as a last resort. In addition to complying with all applicable statutory requirements, increasing or imposing new taxesshould only be done as follows: a. As requested by the City Council, the City Managerin 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 aweek for two consecutive weeks in the official newspaper of the City, stating i. the date, time and place of Council’s public hearing ii.the purpose of the hearing: that a taxincrease or new tax has been proposed iii. that a copy of the proposed draft ordinance shall be furnished to any City taxpayer who requests it; and iv. 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, theproposed draft ordinance shall proceed asfollows: i. Proceed with a first reading of the proposed draft ordinance(same or different meeting as the public hearing) ii. Second reading of the proposed draft ordinanceat a subsequent meeting. d. Approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the whole Council. \[note: See Appendix A for quasi-judicial hearings\] 24. Hearings: a.Purpose i.Held to obtain public input on legislative decisions on matters of policy ii.Are required by state law in such matters as comprehensive plan use plans, or annual budget iii. Do not involve legal rights of specific private parties in a contested setting iv. Affect a wide range of citizens or perhaps the entire jurisdiction v.Decisionsreached 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 i. Statestatutes 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 shallbe limited toa 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 Officerat the beginning of the hearing: a. All public commentsshall 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 maybe asked to spell their last namebecause an official recorded transcript of the public hearing is being made. 2662 Page of 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 minutesper speakerand members of the public are not permitted to give any of their own speaking timeto 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. eThere shallbe no demonstrations, applauseor other audience participation, before, during or at the conclusion of anyone’s presentation. Such expressions are disruptiveand 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 commentsshallbe 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 commentsbecome 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. ii.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. iii.Afterstaff presentations, the Presiding Officer calls for public comments. iv.The Presiding Officer asks if any members of Councilhave questions of any of the speakers or staff. If any Councilmember has questions, the appropriate individual shallbe recalled to the podium. v.The Presiding Officer declares the public hearing closed and notes the time for such closing. 25.Reconsideration a.The purpose of reconsidering a vote is to permit change or correction ofanerroneous 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 applicationsfor legislative changes in land use status, shall be subject to a motion to reconsider except: i. anyaction previously reconsidered; ii. motions to adjourn or motions to suspend the rules; iii. an affirmative vote to lay an item on, or take an item from, the table; iv.previously passed motion to suspend the rules; or v. a vote electing to office one who is present and does not decline. b.Such motion for reconsideration: i. shallbe reconsidered during the same Councilmeeting; ii. shallbe called up when no business is pending (no action is pending); iii. if action is pending, the Mayor asks the Clerk to note that the motion to reconsider has been made and shallbe taken up when a member calls the motion to reconsider the vote whenno other business (action ) is pending; iv. shallbe made by a member who voted on the prevailing sideon the original motion. This means a reconsiderationcan 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 whovoted on the prevailing side, to make such a motion. v. a member who makes this motion should state that he or she voted on the prevailing side; vi. needs a second, and can be seconded by any member; 2762 Page of vii. is debatable if the type of motion it reconsiders is debatable;and viii. is not amendable and requires a majority voteto adopt. c.Step 1: A member of Council who voted on the prevailing sidemakes the motion, such as "I move to reconsider the vote on the resolution relating to holidays. I votedfor \[or against\] the resolution." This motion needs a second, which can be seconded by any Councilmember. d.Step 2:If the motion for reconsiderationis adopted, the original motion is then placed before Councilas if thatmotion had not been voted onpreviously; and Councilagain takes thatmotion under discussion, followed by anewvote. e.Any motion for reconsiderationof a matter which was the subject of a required public hearing or which is a quasi-judicialmatter,may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least fivedays advance noticeof such discussion and/or action. 26.CouncilMaterials a. CouncilMaterial:Councilmembers and staff should read the agenda material and ask clarifyingquestions of the City Manageror other appropriate staff prior to the Councilmeeting when possible.Councilrecognizes 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 Counciland staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Councilmeeting, or if distributed during a meeting, Councilmembers should indicate they would like thematerials considered for afuture meeting, since except in an emergency,Councilmembers would normally not take time at the daisto read material just received. Pre-scheduled materials Councilwishes to share as part of the Councilpacket could also be included on study session agendas under “CouncilComments.” b.CouncilPackets:Councilmembers shall personally pick up their agenda packets from their Citydesk, unless otherwise arranged by the Councilmember or further directed by Council.Councilmembers have the option of accessing their Councilpacket via the City’s website. Unless notified otherwise, the City Clerk shallprepare a hard copy agenda packet for individual Councilmembers. c.Packet Materials: Request for CouncilActionform (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 Councilaction taken, and background on the topic. Options for Councilconsideration 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 Councilin making a motion or taking action, but should not be thought of as obligatory, as Councilalways 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, Councilhas already read, heard, and/or discussed the item at least three times (such as aninformational 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. 27.“Three TouchPrinciple” Decision makers and citizens at all levels of theCity should have adequate time to thoroughlyconsider the issues prior to final decisions.It is the intent of the Councilthat the Counciland administration shall abide by the “Three TouchPrinciple” whenever possible. Theseprocedural 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 Councildirectives which require a decision of the City Council or administration, should “touch” thedecision makers threeseparate times. This includes verbalor 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 sessionsare excluded from application of the “Three TouchPrinciple.” 2862 Page of It is recognized that unexpected circumstances may arise wherein observance of the “Three TouchPrinciple” is impractical. However, when unusual circumstancesarise 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 Councildecision. 2962 Page of CHAPTER 2 Legislative Process 3062 Page of 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 vacancyoccurs in the office of Mayor, the members of the Councilat their next regular meeting shall select a Mayor from their number for the unexpired term. Following the electionof the Mayor, election ofa Deputy Mayorshall be conducted in the same manner. The term of the Deputy Mayor shall run 26 concurrently with that of the Mayor. (RCW 35A.13.030)There are no term limits for the office of Mayor or Deputy Mayor. 2.The electionfor Mayor shall be conducted by the City Clerk. The City Clerk shall call for nominations. Each member of the City Councilshall be permitted to nominate one person, andanominationshall 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.Exceptwhen there is only one nominee, electionshall 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 voteof 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 voteof 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, Councilis 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 exercisesuch authority as is described in RCW 35A.13 27 until the members of the Councilagree 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 shallonly vote on the Councilmembers who received the highest number of votes. If after three voting attempts, there is still no majority voteof 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 tieof Councilmembers receiving the most votes, the tie shallbe broken based on the flip of a coin.The City Managershall flip the coin. If there are more than two Councilmembers tying with the most votes, that tieshallbe determined by another means of chance to narrow the Councilmembers down to two, at which time the outcome shallbe determined by written ballot. B.Filling Council Vacancies : 1.General Process (Note that public comment shall notbe taken during thisentire process.) If a vacancy 28 occurs on the CityCouncil, the Councilshallfollow the procedures outlined in RCW 35A.13.020and Council’s adopted procedure in compliance with RCW 35A.13.020,as well as RCW 42.12.070.29 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 30 person must be \[RCW 42.04.020\] 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 candidacyand at the time of filing the declaration of 3162 Page of candidacyif 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 vacancyas 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 26 th 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 vacancyannouncement invitingcitizens 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 EDefinitions for description of immediate family.)If possible, the vacancy announcement shall be published for three consecutive weeks. b.The City Clerk shall establish the deadlineto 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 meetingwith an executive sessionbeginning at 5:00 p.m. Council shallmeet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, Council shallreturn to Council Chambers and the Special Meeting shallbe adjourned. d. Hold a regular 6:00 p.m. meeting, same evening as above special meeting. Pursuant toRCW 42.30.110(1)(h), Council shallmeet inopen session and part of this agenda shallinclude selection of applicants to interview. Selection shallbe by nominationand second. A vote shallbe taken and candidates receiving a majority vote of those councilmembers present, shallbe interviewed. Immediately after this Council meeting or as soon as practicable, the Clerk shallsend a list of potential questions to all those to be interviewed. e. Schedule the conducting of the interviews for an upcoming Council meeting. Pursuant toRCW 42.30.110(1)(h), the interviews shallbe conducted during an open Council meeting. Each interview shallbe a maximum of 30 minutes. f. Schedule a special 5:00 p.m. meeting with an executive session. Pursuant toRCW 42.30.110(1)(h), Council shallmeet and adjourn toexecutive session (closed session) to discuss applicants. After the discussion, the Special Meeting shallbe adjourned as usual. g. Hold a regular 6:00 p.m. meeting, same evening as “f”above special meeting. Pursuant toRCW 42.30.110(1)(h), Council shallmeetin 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 shallbe sworn in by the City Clerk, and take their seat at the dais. 2.Nomination Options for Conducting Interviews: a. After holding an executive sessionto review applications, during a subsequent open session, any Councilmember may i. nominate an applicant tobe interviewed ii. the nominationmust be seconded iii. Councilmembers may make more than one nomination, but only one at a time iv. the Mayor shall ask if there are further nominations v. if no furthernominations, the Mayor shall close the nominations vi. votes shall be taken on each applicant in the order of nomination vii. votes shall be by raised hand 3262 Page of viii. applicants receiving a majority of votes of those Councilmembers present, shall be interviewed ix. 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 or possible interview questions; x.Instead of the above nominationprocess, after holding an executive sessionto review applications, Council may choose to interview all applicants b. The length of the interview shall be determined based upon the number of applicantsand interviews shall be done in last-name alphabetical order. The City Clerk shall notify all applicants of the date, time and procedure for their interview. 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 Chambersand away from viewing or hearing the meeting’s proceedings. c. 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 : During the interview, each Councilmember may ask each candidatea maximum of three questions, which includes any follow-up questions.Candidates shallbe interviewed in alphabetical order of last name. 4.Nomination and Voting Processto Select Applicant: a. Nomination Process: Councilmembersmay 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 notmake more than one nominationunless the nominee declines the nominationand unless there is no second to the nomination; in which case the Councilmember make another nomination.Once the nominations are given, the Mayor shallclose the nominations and Council shallproceed 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 ofthis policy,Council has chosen the following process formaking such appointment: i. Except when there is only one nominee, avote for an applicant shall be by written ballot.Eachballot shall contain the name of the Councilmember who cast it. ii. The vacancymayonly be filled when a majority of the remainingCity Council (whether present or not) affirmatively votes for theapplicant, i.e. if five City Councilmembers are present, this would require at least fourCouncilmembers voting for an applicant. If subsequent rounds of voting are needed, each round of voting follows the same process. The Mayormay ask for Council discussion between voting rounds. iii. Round One Vote:The City Clerk shall publicly announce the results of the election.The applicant receiving the majority of votes shallbe 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. iv. 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 tievotes, a third round shallbe taken.Councilmembers maychange their vote between rounds. v. Round Three Vote:Round Three proceeds thesame 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 Councilshall 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 3362 Page of both applicants' last name begins with the same letter of the alphabet, the applicant whose entirelast name is closest to the letter A shallbe 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 shallbe 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 ofCities Conferences held in Washington, D.C. D. Council Travel Allocation Council is allocated a budgetto handle certainCity business-related travelexpenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year shallbe apportioned equally among six Councilmembers, and the Mayor may receive additional funding based on the extra travel demands of the office. 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 shallbe provided to each Councilmember by the Finance Department.Should a Councilmember exhaust their apportionment of funds, that personshallbe personally responsible for payment of any travel and related expensesunlessthey have requested and received written affirmationfrom another Councilmemberof their voluntary allocation to grant the travel related expenses from that granting Councilmember’s travel apportionment.Such granting of travel allocations shall be documented with the appropriate completed form (see Appendix F). During the last six months of a Councilmember’s current term of office, incurring City business-related travel expenditures outside a 50 mile radius, requiresthe 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 1.Travel Approvaland Expense. a. General Travel: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 would not be considered official City business. The City shallnot reimburse an expense if that expense is reimbursable by another agency.Each Councilmember shall be permitted to travel withinthe constraints of each Councilmember’s allotted budget, which may also include donated allocation(s) from another Councilmember(s). (See Appendix F for RequestForm.) b. Allowable Travel Expense. Allowed travel expenses include transportation, lodging, meals, and otherrelated expenditures lawfully incurred by Councilmembers in the course and scope of their Councilmember duties. i.Meals and lodging are reimbursed at a cost deemed customary and reasonable. Meal receipts shall be itemized to receive reimbursement. ii.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,or the tip is already included in the expenditure.Please carefully examine your bill and be aware of statements such as “A service charge of __%/$ will be added to your bill.” Reimbursement for tips is limited to food service, valet services, and taxi/ride share transportation. 3462 Page of iii. When staff is making and paying for air travel arrangements, airline trip insurance may be purchased on a case-by-case basis at the discretion of the City Manager. Times when such trip insurance may be purchased include necessary travel when the weather is questionable. iv. Mileage shall be reimbursed according to the current IRS mileage rates for traveled miles as determined by such websites as google maps, or other internet apps or mileage distance calculators. c. Non-Reimbursement or Prohibition of Travel Expense. Unauthorized travel expenses include but are not limited to the following items, for which no reimbursement shallbe allowed: i.Liquor ii.Expense of a spouse or other persons not authorized to receive reimbursement under this policy iii.Personal entertainment/movies iv.Theft, loss, or damage to personal property v.Barber or beauty parlor vi.Airline or other trip insurance(see c above) vii.Personal postage viii.Reading material except for that associated with official City business ix.Personal telephone calls x.Personal toiletry articles, including toothpaste, toothbrush, comb, brush, candy, gum, tissues, and other miscellaneous items xi. Dry cleaning/laundry service xii.Prohibited expenses charged to the City in error shall be immediately reimbursed. d.Conferences/Meetings/Seminars. i.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. ii.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). iii.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 Financewithin 45 days after completing travel 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. Councilmemberswho use their personal car for City business shallcarry,at a minimum, the Washington state required insurance coverage. Councilmembers shall beresponsible for maintaining this coverage at their own cost. 3562 Page of 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. ACouncilmembershall 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 Councilmemberand the Finance Committee shall be informed, and those expenses shall be repaid to the City within fourteencalendar daysof the cancellation. F. Ballot Measures : 1. State Law RCW 42.17A 555. State lawhas enacted statutory prohibitions (with limited exceptions) against the use of public facilities to support or oppose ballotpropositions: “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 ballotproposition. 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 legislativebody 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 ballotproposition so long as (a) any required noticeof 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 ballotproposition 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 or individuals for Council to support or oppose ballot measures; nor shallCouncil 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 Councilmembersvia the United States Postal Office. Because even the use of e-mailfor ballotpurposes 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. 3662 Page of 4. Public Comment. Council has chosen not to support or oppose ballotissues as those are leftto 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 shallnot be permitted. 3762 Page of CHAPTER 3 Council Contacts 3862 Page of 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 shallwork with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding City business. This provision shallnot 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 broughttoany, some, or all Councilmembers, the Mayor shall, when deemed appropriate and/or necessary,consult with the City Managerto, first determine whether the issue is legislative or administrative in nature and then: i.If legislative, and a concern or complaintis 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 Managermay refer the matter to a future Council agenda for Council’s recommendation in forwarding the matter to a committee,administration, or to the Councilfor study and recommendation. ii.If administrative, and a concern or complaintregards administrative staff performance, execution of legislative policy or administrative policy within the authorityof 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 Councilmay direct that the City Manager brief the Councilwhen the City Manager's response is made. 3.Administrative Complaints Made Directly to Individual Councilmembers a. When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shall then refer the matter directly to the City Managerfor 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 shallnot be required to divulge information he/she deems confidential, in conformity with applicable statutes, ordinances, regulations, policies or practices. b.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 occurredin the past. In that case, refer to the paragraph above. 4.Social Media Councilmembers shall not use social mediaas 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 telephoneand 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.for policy on donations. 3962 Page of B. Staff Contacts and Interactions 1.Role of the City Manager The City Manageris the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Councilfor 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 Councilfor policy implementation is the need for the Councilto allow the City Manager to perform legallydefinedduties and responsibilities without interference by the City Councilin the management decisions of the City Manager. 2.City Staff Attendance at Meetings a. The City Manageror 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 Councilfor the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Councilsuch measures as he/she may deem necessary or expedient; prepare and submit to the Councilsuch reports as may be required by the body or as the City Manager deems advisable to submit; keep the Councilfully advised as to the business of the City; and shall take part in the Council’s discussion on all matters concerning the welfare 31 of the City. (RCW 35A.13.080) b.It is Council’s intentthat the City Managerschedule adequate administrative supportduring Council meetingsfor the business at hand, keeping in mind that the City Manager must also protect the productive capability of department headsand of all staff. Required attendanceat 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 Clerkshall 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 Clerkand theDeputyCity Clerk, the City Clerkshall appoint a replacement to act as Clerkduring the Council meeting. The Clerk shall keep minutes which identifiesthe general discussion of the issue and complete detail of the official action or agreementreached, 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 shallnot 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 Councilnor 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 Manageror any of his/her subordinates. Except for the purpose of inquiry, the Councilandits members shall deal with the administrative branch solely through the City Manager and neither the Councilnor 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. (RCW35A.13.120 32.) 5.Informal Communications Encouraged RCW 35A.13.120 shouldnot 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, 4062 Page of obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contactscan 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 shallinform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. 4162 Page of CHAPTER 4 COMMITTEES, BOARDS, COMMISSIONS 4262 Page of A. Regional Committees, Commissions and Boards 1.Committees a. Spokane Valley Councilmembers and/or residents who seek representation on any standing committee, board, orcommission required by state law, shall beappointed 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 voteof 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. RemovalProcessof 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 when possible and practical, will be noted on the Advance Agendaat 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. Asliaisonsand representativesof the City,it is the duty ofCouncilmembers to remember that their sole purpose in attending these meetings and participating as an appointed board/committee member is to representthe 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 Councilwhich seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Councilmay also bring such communication to the Presiding Officer’s attention under the agenda item “Committee, Board and Liaison Reports.” If any member of the Councilrequests that any such communication be officially answered by the Council, the Presiding Officer may place the matter on an agenda underNew Business, Information, Council Comments (study session format), or other appropriate place, for a specific Councilmeeting, or take other appropriate action. B. In-House Committees, Boards, etc. 1. Standing committees or commissions required by lawshall 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 andconfirmed by Council. Such appointments are generally made at the first or second meeting in January. Following are established in- house committees: 4362 Page of 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 voteof 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 Citylimits. 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 CityCouncil, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absencefrom three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the CityCouncilregarding 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 CityCouncilregulating 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 taxadvisory committee. The City Council shall establish a lodging taxadvisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The City shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council. Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the nominees. Nominations shall state the term of committee membership. Appointments shall be for one-and two- year terms.” c. Finance Committee --3 members. The Finance Committeegenerally 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: i.authorizingon short notice, approval of change orders that are in excess of the amounts authorized in SVMC3.35.010(C), in circumstances where such a change order is necessary to avoid a 4462 Page of 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. ii. during the last six months of a Councilmember’s current term of office, incurring City business-related travel expenditures requiresthe 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. iii.a Councilmembershall 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 thepersonal 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. Governance Manual Committee d.–5-6members This committee usually consists of two or three Councilmembers, the City Manager, the City Attorney, and the City Clerk. The purpose of this Committeeis to periodically review the Governance Manual for edits needed for clarity or correction, or to add or edit specific sections by Councilconsensus, or by request of staff as the need arises. After discussion as a committee, the matter may bescheduled as an administrativereport on a future Council agenda. The finalized Governance Manual shall be approved via Resolution. Agenda Committee e. –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 discussingmatters which would qualify for an executive sessionif 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 committeesshall 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 vacancyor soliciting membership or participation in a task force or other committee shallbe placed on the City’s website, and inthe City’s official newspaper. 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 those committees and/or boards. As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. 4562 Page of 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-judicialhearings 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.SpecificStatutory Provisions a.Candidates for the City Councilmay express their opinions about pending or proposed quasi-judicialactions while campaigning, pursuant toRCW 42.36.040 33, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b.Ex-partecommunications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex partecommunications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1) places on the record the substance of such verbalor 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 CouncilAppeal Hearing Procedures. 4662 Page of 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 COUNCILAND 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 Councilof 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 Councildesires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifying Resolution 03-027 as set forth belowby adding new section 7. The remainder of the resolution 03-027 is unchanged: NOW, THEREFORE , the City Councilof the City of Spokane Valley does hereby affirm and resolve that core beliefs the following shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public’s legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City Councilas 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-judicialor other public hearings and the statutory duties of the City Manageras set forth in RCW 35A.13.020. Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Section 5. 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. 4762 Page of 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 Councilby creating the organizational teamwork necessary for effective, responsive and open government. (b)Providing the City Counciland public reasonable advance noticewhen 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 11 th day of December, 2007. ATTEST:/s/ DIANA WILHITE______________________ Diana Wilhite, Mayor /s/ CHRISTINE BAINBRIDGE___________ Christine Bainbridge, City Clerk Approved as to form: /S/ MICHAEL F.CONNELLY___________ Office of the City Attorney 4862 Page of APPENDIX C: STATEMENT OF ETHICS SPOKANE VALLEY CITY COUNCILMEMBERS’ STATEMENT OF ETHICS By adoption of the Resolution which adopts thisGovernance 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 ethicalstandards 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 34 . 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: NoCouncilmember, 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 favorfrom 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 others, 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.\[RCW 42.23.070 35\] (b) Interest in Contracts, Exceptions: No Councilmembershall 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 asif 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 Councilmemberwho has a financial or other private or personal interest in any ordinance, resolution, contract, proceeding, or other action pending before the City Councilor 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 Councilproceedings. Any Councilmemberwho 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. 4962 Page of Appendix D: Frequently Used Acronyms AACE -AmericanAssociation 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 COVID-19 –CO=corona, VI=virus, &D=disease; 2019 novel coronavirus; infectious disease caused by severe acute respiratory syndrom coronavirus 2; WHO declared it a global pandemic March 2020 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 EmergencyManagement DNR -Department of Natural Resources DNS -Declaration of Non-Significance DOC –Department ofCommerce 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) 5062 Page of F & WS -Federal Fish & Wildlife Service FAA -Federal Aviation Administration FCC -Federal Communications Commission FEIS -Final Environmental Impact Statement FEMA -Federal EmergencyManagement 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 5162 Page of PW -Public Works QA -Quality Assurance 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 WHO – World Health Organization WSDOT -Washington State Department of Transportation WSP -Washington State Patrol WUTC -Washington Utilities & Transportation Commission WWTP -Wastewater Treatment Plant 5262 Page of 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 toserve in a vacated council positionuntil that vacated position can be filled as a result of the next general municipal election (held odd years) \[RCW 42.12.070\] applicants must use this form To be considered, . Applications shall be completed, signed, and received at no later than ________ p.m. on the City Clerk’s office, 10210 E. Sprague Avenue, _____________________ (late arriving applications will not be considered) . Applications may be hand- will not be accepted delivered or mailed. Faxed or e-mailed applications because the original application with the original signature must be received by the City. During the interview process, Current Councilmembers will ask applicantsseveral 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 AddressLength 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 5362 Page of 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 ofEmployment: _________________ 3. \[ \] present \[ \] previous Name of Employer: ____________________________________________________________________ Address: ________________________________________________________ Phone: ______________ Position held: ____________________________________ Dates of Employment: _________________ EDUCATION: Name of High School _____________________________ Address: _______________________________ Diploma or GED: \[ \] yes \[ \] no Trade School/College/University: Name of School _____________________________ Address: ___________________________________ Diploma: \[ \] yes \[ \] no Degree or Certification Earned: ___________________________ Trade School/College/University: Name of School _____________________________ Address: ___________________________________ Diploma: \[ \] yes \[ \] no Degree or Certification Earned: ___________________________ Other Certifications/Licenses:_____________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ 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 \[ \] 5462 Page of 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 aninterimmember of the Spokane Valley City Council. Yes \[ \] No \[ \] 5562 Page of 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 5662 Page of 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 to Transfer from Councilmember’s name Councilmember’s name Account numberAmount Account numberAmount SignatureDate SignatureDate ------------------------------------------------------------------------------ 5762 Page of AppendixG: Definitions Actionindividual's spouse or domestic partner and the : All transactions of a governing body’s spouse or the domestic partner of any such person business, including receipt of public testimony, deliberations, discussions, considerations, reviews, (RCW 42.17A.005(24)). and evaluations, as well as “final” action. \[RCW Motion: An enacted motionisa form of action 42.30.010, 42.30.020(3)\]. taken by the Councilto direct that a specific action Codified : The process of forming a legal code (i.e., be taken on behalf of the municipality. Once approved and entered into the record, is the a municipal codeor book of laws) by collecting and equivalent of a resolution in those instances where including the laws of a jurisdiction or municipality. a resolution is not required by law, and where such Consensus: A collective judgment or belief; motion is not in conflict with existing state or federal statutes, City ordinances or resolutions. solidarity ofopinion: “The consensus of the group was that they should meet twice a month.General Ordinance: agreement or harmony. \[Random House Webster’s An enacted ordinanceis a law passed \[enacted\] by a municipal organization legislatively College Dictionary, April 2001\] \[Wikipedia: prescribing specific rules of organization or explains it as agroup decision making process, or Does anyone object?\] It is not unanimity, but more conduct relating to the corporate affairs of the municipality and those citizens and businesses a process for deciding what is best overall. therein. Council action shall be taken by ordinance Members of the group reach a decision to which consent they because they know it is the best one when required by law, or where prescribed conduct overall. It differs from voting which is a procedure may be enforced by penalty. Special ordinances such as adopting the budget, vacating a street, for tallying preferences. It does not require each amending the Comprehensive Plan and/or Map, member of the group to justify their feelings. \[Taken from: Consensus Is Not Unanimity: Making and placing a matter on an electionballot, including general obligation bonds, are not Decisions Cooperatively, by Randy Schutt.”\] codified into the City’s municipal code. Similar to a type of verbal “show of hands” on who feels particularly strong on this?” Sometimes Resolution: thought of as preliminary approval without taking An enacted resolutionis an administrative act which is a formal statement of final “action.” A show of hands is not an action that has any legal effect. \[“Voting and Taking policy concerning matters of special or temporary Action in Closed Sessions” by Frayda Bulestein.\]character. Council action shall be taken by resolution when required by law and in those Ex-parte:instances where an expression of policy more from a one-sided or partisan point of view; on the application of one party alone. An ex-formal than a motion is desired. parte judicial proceeding is conducted for the Regular Meeting: Any Council meeting that benefit of only one party. Ex-parte may also describe contact with a person represented by an meets in the Spokane Valley City Council attorney, outside the presence of the attorney.Chambers on Tuesday at 6:00 p.m. shall be deemed a “regular meeting.” Immediate Family :includes aspouse or domestic Social Media: A term used to define the various partner, dependent children, and other dependent activities that integrate technology, social relatives, if living in the household. For the interaction and content creation. Through social purposes of the definition of "intermediary" in this media, individuals or collaborations of individuals section, "immediate family" means an individual's create on-line web content, organize content, edit spouse or domestic partner, child, stepchild, or comment on content, combine content, and share grandchild, parent, stepparent, grandparent, content. Includes many technologies and forms brother, half brother, sister, or half-sisterof the including syndicated web feeds, weblogs (blogs), individual and the spouse or the domestic partner of any such person and a child, stepchild, wiki, photo-sharing, video-sharing, podcasts, and grandchild, parent, stepparent, grandparent, social networking. (From MRSC, and Social Media and Web2.0 in Government, WebContent.gov) brother, half-brother, sister, or half-sisterof the 5862 Page of INDEX A F Absences · 16 Filling a Council Vacancy · 32 Acceptance of Gifts: · 49 Finance Committee · 44 ad hoc committees · 45 Finance Department · 34 Advance Agenda · 14, 19 fiscal restraint · 26 affirmative motion · 19 flip of a coin · 31 amended agenda · 8, 9, 11, 13 applause · 15, 27 H applications · 27, 32, 33 attendance · 40 hearings · 26 holiday · 8 B I ballot · 15, 31, 33, 36, 37, 58 bias · 22, 23 budget amendment · 22, 24 impractical · 13, 14, 29 informal contacts · 41 Internet · 16, 17, 18 C L Cancellation of Meetings: · 14 candidate · 12, 33 City Manager · 3, 6, 8, 9, 10, 12, 13, 14, 16, 18, 19, 22, 23, 24, leave of absence · 16, 17 26, 28, 31, 33, 39, 40, 45, 47, 48, 50 coin flip · 34 Community Recognition Program · 25 M complaint · 39 Confidential material · 18 majority of the whole · 22, 24 Conflict of interest · 22 Majority Plus One · 22, 24 Core Beliefs · 3, 4 majority vote · 6, 8, 10, 16, 19, 21, 24, 28, 31, 43, 44 maker of the motion · 19, 20, 21 misleading · 10 D dais · 10, 18, 28, 32 N deadline · 32 Demonstration · 15 nomination · 31, 32, 33 disruptive · 15, 17, 27 notice · 8, 13, 16, 28, 36, 48, 61 E O election · 31, 32, 33, 36, 58 Open Public Meetings Act · 5, 8, 10, 11, 18, 39, 53, 61 electronic message · 16, 18 out of order · 15, 18, 21, 27 e-mail · 15, 18, 36 Outside Requests · 10 emergency · 9, 11, 13, 18, 22, 24, 28, 61 Emergency · 2, 14, 18, 50, 51, 61 ethical · 49 P executive session · 11, 12, 32, 33, 45 executive sessions · 11, 12, 28 parliamentarian · 16 podium · 9, 15, 18, 26, 27 Pre-Agenda · 2, 14 presentations · 8, 10, 15, 27 prevailing side · 27, 28 5962 Page of Public Comment · 37 T public comments · 9, 14, 15, 19, 26, 27 Public Records Act: · 5 table · 21, 27 Table · 2, 21 tax · 26, 44 Q telephone · 17, 39 three minutes · 14, 19, 27 qualifications · 12, 32 Three Touch · 23, 28, 29 quasi-judicial · 15, 28, 46, 47 Three-Touch · 9, 11 quorum · 5, 6, 16, 22, 61 tie · 22, 31, 33 travel · 34 R U rearrange · 8, 11 recommended appointment · 43 unexcused absence · 16, 44 reconsideration · 27, 28 Unexpected Motions · 10 recuse · 22, 23 unusual circumstances · 23, 29 Remote · 2, 17 Removal · 43, 44 Request for Council Action · 28 V vacancy · 31, 32, 33, 45 S video · 17, 40, 58 vote to extend the meeting · 10, 11 seats · 16 social media · 39, 58 speak twice · 20 W special meeting · 11, 13, 14, 24, 32 surprise · 10 waived · 8, 22, 24 surprises · 10, 20, 28 withdraw the motion · 21 written comments · 15, 27 6062 Page of Endnotes: 1 RCW 42.30.110–Open Public Meeting Act, Executive Sessions 2 RCW 42.30.140-Open Public Meeting Act, 3 RCW 35A.13.035-Optional Municipal Code (35A) –Council-manager plan of government 4 RCW 42.52–Ethics in Public Service 5 RCW 42.56–Public Records Act 6 RCW 35A.12.160Optional Municipal Code (35A) –Council manager plan of government; public noticeof hearings and meeting agendas 7 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 10 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 gov't; meetings: quorum, rules, voting 15 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 –EmergencyExpenditures –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 ofthe entire legislative body. 23 RCW 35A.13.170 –passage of a franchise ordinance 24 RCW 35A.33.090 –EmergencyExpenditures –Other emergencies –Hearing. 6162 Page of 25 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. 26 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. 27 RCW 35A.13–Council-manager plan of government. 28 RCW 35A.13.020–Mayor –election, chair to be mayor, duties 29 RCW 42.12.070 –Filling nonpartisan vacancies 30 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 UnitedStates and state of Washington and an elector of such county, district, precinct, school district, municipality or other district or political subdivision. 31 RCW 35A.13.080 –City manager powers and duties 32 RCW 35A.13.120 –city manager –Interference by councilmembers 33 RCW 42.36.040 –Public discussion by candidate for public office 34 RCW 42.17A.005 –‘compensation’ includes payment in any form for real or personal property or services of any kind 35 RCW 42.23.070 –‘prohibited acts’ –no municipal officer may, directly or indirectly, give or receive or agree 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. 6262 Page of Governance Manual Adopted by Resolution 18-01120-010 A Comprehensive Collection of Rulesand Procedures AdoptedJuly 14, 2020December 18, 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 13-005adopted 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 18-008 adopted 11-13-2018, replaced by Resolution 18-011 adopted 12-18-2018, replaced by Resolution 20-010adopted 07-14-2020 164 Page of TABLE OF CONTENTS Introduction ……………………………..…………………………………………………………. 4 Executive Summary ………………………………..……………………………………………… 5 CHAPTER 1: CouncilMeetings …………………………..……………………………...………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.EmergencyMeetings ………………………………………………………………..………16 4. Pre-AgendaMeeting ……………………………………………………………………..….16 5. Cancellation of Meetings ……………………………………………………………………. 16 C. Meeting Rules and Procedures …………………………………………………………………17 1.CouncilRules 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 Remote Participation by Telephone/Video Conference …………………………………………..18 8. Internet Use, Texting……………………………………………………………….………18 9. Adjournment Due to Emergencyor 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.……….….19 14. Placing Items on an Agenda ………………………………..…………….…………….…..20 15.Motions and Discussion……………………………………..………….…………….……. 20 Tableof Parliamentary Procedure at a Glance……………..………….…………….……22 16. Voting…………………………………………………………..……….…………….…….23 17. Recusal from Discussionand Consideration ……….……………….….…………….…….23 18. Ordinances…………………………………………………………………………….…….24 19. Resolutions………………………………………………………………………………….25 20. Community Recognition Program………………………………………………………….26 21. Proclamations………………………………………………………………………………26 22. Taxes: Increasing or imposing new taxes ………………………………………..…………27 23.Hearings …………………………………………………………………….……………… 27 24. Reconsideration ……………………………………………………………………..………28 25.CouncilMaterials/packets…………………………………………………………………..29 26. Three Touch Principle………………………………….……………………………….….29 CHAPTER 2: Legislative Processes and Procedures ………………………………………….31 A. Election of CouncilOfficers………………………………….……………………………….32 B. Filling CouncilVacancies.............……………………………………………………….……..33 C. Legislative Agendas………………………………………………..……………………….…..35 D.CouncilTravel Allocation……………………………………..………….…………………….35 264 Page of E. Council Expense Reimbursement Policy ………………………………..………………………35 F. Ballot Measures……………………………………………………………………………..37 CHAPTER 3: CouncilContacts ………………………………………………………………….39 A. Citizen Contactsand Interactions………………………………………………………..……..40 1. Mayor/CouncilCorrespondence………………………………………………………….….40 2.Citizen Concerns, Complaints and Suggestions to Council……….…………………………40 3. Administrative Complaints to Individual Councilmembers…………..……………………..40 4. Social Media…………………………………………………………………………………40 5. Donations …………………………………………………………………………………….40 B. Staff Contacts and Interactions ………………………………………………………..………..41 1. Role of the City Manager……………………………….……………………………………41 2. City staff Attendance at Meetings………………………….………………………………..41 3. City Clerk –Minutes……..………………………………………..………………………….41 4. Administrative Interference by Councilmembers…………………………………………….41 5. Informal Communications Encouraged………………………………...…………………….41 CHAPTER 4:Committees, Boards, Commissions ……………….…………………………… 43 A. Regional ………………………………………………………………………………………..44 1. Committees…………………………………………………………………………………..44 2.CouncilRelations with Boards, Commissions, Advisory Bodies…..……………….……….44 B. In-house ……………………………………………………………………….……………….45 1. Standing Committees…………………………………………………..…………………..…45 a. Planning Commission…………………………………………….……………………….. 45 b. Lodging Tax Advisory Committee………………………………………………………....45 c. Finance Committee …….……………………………………………...…………………… 46 d. Governance Manual Committee …………………………………………………………… 46 e. Agenda Committee ………………………………………………………………………… 46 C. PrivateCommittees, Boards, Commissions……………………………………………………47 Appendices: A. Public Hearings, Quasi-Judicial…………………………………….………………………….48 B. Resolution 07-019Core Beliefs………………………………………….…………………….49 C. Statement of Ethics…………………………………………………………..………………….51 D.FrequentlyUsed Acronyms……………………………………………………….……………52 E. Application for City Council Member …………………………………………………………55 F. Request to Transfer Travel Allocation from One Councilmember to Another .……………….. 59 G.Definitions …………………………………………………………..………………….………60 Index……………………………………………………………………………………..…………61 Endnotes ………………………………………………………………………………..………….63 364 Page of 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 page49. Not unlike other guidance manuals, this This Manual too has undergone several changes since its inception, with. Whilesome sectionshaveremainingedstatic over the years, such as Council meeting time and location, and other sections havingebeen modified to include Internet use, filling Council vacancies, the use of social media, and the option for Councilmembers to view their packet electronically. ThiseManual 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, cCity 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. 464 Page of 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 ensurethat 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 to 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 quorumof four or more in a non-public meeting. Unless as part of a duly noted Council meeting, aAquorum 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 publicinterest 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: The City’s pPriorities are public safety, pavement preservation, transportationand 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 annual 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 page49of 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 564 Page of Managershall 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 voteof 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. each Some of the duties, responsibilities, and limitations of Councilmember: As a representative of City residents, Bbrings the experience, concernsand knowledge of a typical City resident to City government. As an elected representative, Is cognizant ofpays attention tothe needs, wants and concerns of all City residents and businessesas a whole. Contacts residents and businesses to gather feedback and ideas. The resulting information may be shared with staff or other Councilmembersindividually, or with fewer than two simultaneously (but not serially), or with all Councilmembers at a Council meeting. Studiesyinternal and external written and documented information related to the government and administration of the City., including internal and external written informationand information received from City employees. Develop a collegial relationship with Cityemployees, but aIs prohibited from voidgiving City employees directives,or saying anything that could be taken as an attempt to influence the conduct of the employee’s job. Givesfeedback 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. Participatesin 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, communicatesthat 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-publicmeetings. 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 quorumat a meeting, there is no meeting. Notice of Special Meetings should be distributed via the City Clerk. Administrative Branch: The City Managerand City Staff. The City Manageris the City’s chief executive officer and head of the administrative branch. The City Manageris,an at-will positionand,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, and for the supervision of all members of staff.”(See page 41 Chapter 664 Page of Ch.3(B)(1)of this Governance Manual,and chapter 35A.13.RCW for adescription of the role of the City ManagerAuthority.) This summary is not intended as a substitute for the material contained throughout the entire Governance Manual. Although this summary is provided as anquick and concise overview of the Governance Manual, reading of the entire Mmanual is strongly encouraged. The Tableof Contents,as well as the Index is intended to be beneficial in locating desired topicsof discussion. 764 Page of CHAPTER 1 CouncilMeetings 864 Page of A. General 1.CouncilMeetings-Time and Location Regular meetings of the City Councilshall be held at Spokane Valley City Hall CouncilChambers on Tuesdays beginning at 6:00 p.m.Pursuant to RCW 42.30.070: “Ifat 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 holidaywould also be a regular meeting, as opposed to a special meeting.The Council always has the option of cancelling such meeting. 2.CouncilMeetings -Open to the Public All meetings of the City Counciland of committees thereofshall be open to the publicexcept as provided for in RCW 42.30.110 1(Executive Sessions), or RCW 42.30.140 2(Open Public Meetings Act). 3.Presiding Officer The Mayor shall preside at meetings of the Counciland be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive dutiesunless specifically set forth herein.In case of the Mayor's absenceor 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 voteof the remaining members of the Council,shall act as 3 Mayor during the continuance of the absences\[RCW 35A.13.035\]. The Mayor, Deputy Mayor (in the Mayor’s absence) or Mayor Pro Tem are referred to as “Presiding Officer” from time to timein these Rules of Procedure. B. Meetings 1.Regular Meetings: Formal Format ndth a.Normally held 2and 4Tuesdays. The City Clerk, under the direction of the City Managerin 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 Councilmeeting, or at the close of business at least 24 hours preceding a special Councilmeeting, acopy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, appropriate staff, andthe media who have filed a notification request. b. Requests for presentationsfrom outside entities or individuals to be placed on a future agenda, will only be permittedif they are considered theofficial business of the City.Such requests should be submitted to the City Clerk at least 10days prior to the appropriate Councilmeeting. The City Clerk shallconsult with the City Managerand the Mayorfor a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Councilagenda. 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 atleast ten days prior to the appropriate Councilmeeting. c.Forms of Address. The Mayor shall be addressed as “Mayor (surname).” The Deputy Mayor shall be addressed as “Deputy Mayor (surname).” Members of the Councilshall be addressed as “Councilmember (surname)” unless waivedby the Presiding Officer. . d.Order of BusinessThe business of all regular formal meetings of the Councilshall be transacted as follows, provided, however, that the Presiding Officer may, during a Councilmeeting, rearrangeitems on the agenda to conduct Councilbusiness 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 Councilto make a motion and vote on approving the “amended agenda.” 964 Page of i.Call to Order by the Presiding Officer ii.Invocation iii.Pledge of Allegiance iv.Roll Call(See Chapter 1, C4b\[page 17\]for procedure to excuse an absence) v.Approval of Agenda/Amended Agenda.In case of an emergencyor an extremely time-sensitive issue which neither the administration nor the entire Councilwas aware of prior to the distribution of the agenda and accompanying materials,anew item may be introduced by a Councilmember,with concurrence of at least three other Councilmembers, or by the City Managerand suggested as an amended agendaitem for the present meeting. If anewitem(s) is added, Councilshallthen consider a motion toapprove the amended agenda.(“Three-TouchPrinciple” 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 mightneed to be made at other times during the meeting. vi.Introduction of Special Guests and Presentations. vii.Councilmember Reports.Councilor government-related activities (e.g. synopsis of committee, commission, task forceor other board meetings). These verbalreports are intended to be brief, City work-related reports of significance in keeping the Councilinformed of pertinent policy issues or events stemming from their representation of the City on a regional board,committee,task forceor 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. viii.Mayor’sReport. Same as ‘vii’ above except given by the Mayor ix. Proclamation.The Mayor will announce the proclamation,announce who has requested this proclamation and after the Mayor or Councilmemberreads 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. x.Public Hearings(See Chapter 4 for procedural details) xi. Public Comments: See Section “C Meeting Rules and Procedures” xii.Consent Agenda. Items which may be placedon the Consent Agenda are those which have been previously discussed by the Council; can be reviewed by a Councilmember without further explanation; are so routine, technical or nonsubstantivein nature that passage without discussion is likely; or are otherwise deemed in the best interest of the City.The proper Councilmotion on the Consent Agenda is: “I move approval of the Consent Agenda.” This motion hasthe 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 addressedimmediately after passage of the remaining items on the Consent Agenda. xiii.UnfinishedBusiness.\[includes matters that were pending when aprevious meeting adjourned, or matters specifically postponed to the present meeting\] xiv.New Business\[Action items are designated as New Business\] Any member of the public who wishes to verbally address theCouncilon an action item on the current agenda,shall proceed to the podiumat the time when comments from the public are invited during the agenda item discussion. The Councilmay 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 Managerand/or City Attorney shall rule on the appropriateness ofverbalpublic commentsas the agenda item is reached. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. xv.Public Comments. See Section “C Meeting Rules and Procedures” xvi.Administrative Reportsor tracking of an administrative issue or topic. xvii.Information Only ItemsThese items aregenerally not discussed or reported. xviii.City ManagerComments 1064 Page of xvix.Executive Session (as required)(See Chapter 1, section B1c below) xx.Adjournment. No Councilmeeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of theCouncilmembers present. A new time limit shallbe established before taking a Councilvote to extend the meeting.When amotion 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, noadditionalmotion 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 Councilas herein specified, the items not acted on shall be deferred to the next regular Councilmeeting, unless the Councilby a majority voteof members presentdetermines otherwise. 2.Regular Meetings: Study Session Format a. Normally held 1 st, 3 rd and 5 th 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 will be times when due to deadlines or other pressing or time sensitiveissues, action items must be included.Study sessions shall be in a less formal setting than regular formal meetings. Councilmay be seated other than at the dais, but shall not discourage public observation. Unless there are designated action items which permit public comment, there shallbe no public comment atstudy sessions although the Councilmay request staff or other participation in the same manner as a regular formal Councilmeeting. The City Clerk, under the direction of the City Manager, shall arrange a Councilstudy 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 close of business on a Friday preceding a Tuesday Councilmeeting4:30 p.m., one day before the meeting.Councilmembers have the option of accessing their Councilpacket via the City’s website. Unless notified otherwise, the City Clerk shallprepare a hard copy agenda packet for individual Councilmembers. b.Action Items. Although action itemsmayoccasionally 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. c.Unexpected Motions.Because study sessions are usually understood by the public and media as referring to meetings at which Council considers and discusses itemsand does not take final action or vote, it could be misleadingto 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 surprisesto the public and media, the practice is discouraged. d.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. e.Outside Requests. Outside requests to be included on a Council agenda will only be permittedif they are consideredthe official business of the City. Such requests should be submitted to the City Clerk at least10 days prior to the appropriate Councilmeeting. The City Clerk shallconsult with the City Managerand the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming Councilagenda. Playing of videos, DVD’s, PowerPoints, or other electronic presentations shall be pre-screened and pre-approved by the City Manageror designee, who shall determine the appropriateness of the material.In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All 1164 Page of written materials, including the written summary,shallbe submitted to the City Clerk atleast 10days prior to the appropriate Councilmeeting. . f.Forms of AddressCouncilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. . g.Order of BusinessThe business of all study sessionmeetings of the Councilshall be transacted as follows, provided, however, that the Presiding Officer may, during a Councilmeeting, rearrangeitems on the agenda to conduct Councilbusiness 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.” i. Call to Order ii. Roll Call. The City Clerk shall conduct a roll call of Councilmembers (See Chapter 1, C4 page 17 for procedure to excuse an absence.) iii.Approval of Agenda/Amended Agenda. In case of an emergencyor 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 Managerand suggested as an amended agendaitem for the present meeting. If anew item(s) is added, Councilshallthen consider a motion to approve the amended agenda.(“Three-TouchPrinciple” 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. iv. Presenter’s Role. During the Councilstudy session, the presentershould 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. v.Advance Agenda vi.Information Only ItemsThese items aregenerally not discussed or reported. vii. 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 in connection with their role as a Councilmember,that transpired since the last Council meeting. It is also an opportunity for Councilmembersto bring up topics for clarification or to address other upcoming concerns. viii. 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 Councilmeeting. ix.Adjourn. No Councilmeeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of theCouncilmembers present. A new time limit shallbe established before taking a Councilvote to extend the meeting. 3.Regular Meetings: Executive Sessions a.Executive sessionsshallbe held pursuant tothe Open Public Meetings Act,chapter 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 Counciltopublicly announce the purpose for adjourning into executive session; when the executive session will be concluded;and thelikelihood of Counciltaking action at the close of the executive session and return to open session. i. At the close of the executive sessionand upon Council’s return to chambers, the Presiding Officer declaresCouncilout of executive session, and asksfor the appropriate motion (i.e. an action motion or a motion to adjourn). 1264 Page of ii. Toprotect the best interests of the City, Councilmembers shallkeep confidential all verbaland 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 42.52 4 ) and/or the Public Records Act (RCW 42.56 5). b. RCW 42.30.110explainsthe purpose for holding an executive session, some of which include: i.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). ii.RCW42.30.110(1)(g).To evaluate the qualificationsof an applicant for public employment or to review the performance of a public employee. \[The only employee subject to this evaluation is the position of City Manager.\]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. \[Note:stating that an executive session’s purposeis to discuss a “personnel matter” is not sufficient because only certain types of personnelmattersare appropriate for discussionin an executive session.\] (review qualifications of a public employee) iii.RCW 42.30.110(1)(h).To evaluate the qualificationsof a candidatefor 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). iv.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 counselrepresenting 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 (1)(i), “potential/pending litigation”means matters protected by Rules of Professional Conduct (RPC)1.6 or RCW 5.60.060(2)(a) concerning: (a)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; (b)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 (c)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. c.Councilmay adjourn into executive sessioneven if it is not listed on the meeting agenda. There is a 6 requirement in RCW 35A.12.160that 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 thematter 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 Councilmeeting 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 executivesession, 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. d.Attendance at Executive Sessions.The City Attorneyor Deputy City Attorney shallattend executive sessionswhich address litigation or potential litigation. The question of who may attend an executive session other than the Council,is determinedby the City Manager. 1364 Page of 4.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 Councilworkshops or retreats. b.A special meetingmay be called by the Mayor or any three members of the Council. (RCW 35A.13.170 7, 8 35A.12.110).Written noticeof 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 transactedand shall be posted on the City’s website and displayed at the main entrance of the meeting location (RCW 42.30.080 9). The notice shall be delivered toeach member of Councilat least 24hours before the time specified for the 10 proposed meeting (RCW 35A.12.110).The noticing regarding such decision to hold a special meeting (made by the Mayor or any three Councilmembers), shallbe handled by the City Clerk’s Officethrough the City Manager. c.The notices provided in this section may be dispensed withinthe circumstances provided by RCW 42.30.080 11, 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 meetingis called to deal with an emergencyinvolving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impracticaland 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 toregular 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 Councilto allow time for the publicto comment on action items and the “public comment” 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 agendais distributedto Councilmembers and to the media, and posted on the City’s websiteand at the meeting doorway, at least 24 hours in advance of the specialmeeting. Final disposition shall notbe taken onany 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 12 taken(RCW 42.30.080(3))Council may not pass a franchise ordinance at a special meeting \[RCW 35A.47.040\]. f. There have been questions about whether it is necessary to call a special meeting in situations where Councilmembers are invited to attend a public meeting not called by the Cityas an official Council meeting, and whether it is legal for a quorum of Councilmembers to be present without violating the Open Meeting Act. According to the Washington State Attorney GeneralOpinion 2006, No. 6, the “presence of a quorum of members of a city or county council does not, of itself, cause the Open Public Meetings Act to apply if councilmembers attend a public meeting called by a third party. The gathering of councilmembers wouldbe a ‘meeting’ for purposes of the Act only if the councilmembers take ‘action’ as defined in the Act, such as voting, deliberating, or other official business of the council.” g. There are times when several Councilmembers desire to attend a meeting of a City Department, such as a meeting scheduled by the City Engineers to discuss a construction project, or a meeting scheduled through the Finance Department to hear a report from the State Auditors, or a meeting scheduled by the Parks & Recreation Department to discuss parks or other City business. Because these meetings can at times present questionable concernwhen it comes to the Open Public Meeting Act, Councilmembers who desire to attend such meetings shallnotify the City staffat least two working days prior to the meeting, of their intent to attend,and only the first three Councilmembers who indicate they will be attendingany particular meeting, may attend. This is necessary in order not to violate, or perceive to violatethe Open Public Meetings Act. 1464 Page of h.RCW 42.30.070 states in part: “It shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular or special meeting provided that they take no action as defined in this chapter.” \[MRSC Research News –Summer, 2016\] Aquorum of Councilmembers traveling together for a scheduled tour would not be in violation of the Open Public Meetings Actprovided they do not discuss City business.However, comments and discussion as a result of the tour, shallbe done at a regular Council meeting and not during the tour or outside of a regular or special Council meeting. 5. EmergencyMeetings :EmergencyCouncil meetings may be called by the Mayor or any two Councilmembers, consistent with the provisions of chapter 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 meetingis called to deal with anemergency 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 impracticaland 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 subdivisionsshall be lawfully conducted at such emergency temporary location or locations for the duration of the emergency.” \[RCW 42.14.075\] 6. Pre-AgendaMeetings : The City Manager, City Clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to review the Councilagenda of the upcoming meeting,which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impendingmeeting. 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 Agenda Committeeunder Chapter 4 internal committees) 7. 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 isgiven for a special meeting. The decision to cancel a meeting will be made by the City Manager in consultation with the Mayor and/or Agenda Committee and time permitting, will be 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. 1564 Page of C. Meeting Rules and Procedures 1. Public Comments This is an opportunity for public commentson subjects not on the agenda for action. Speakers may sign in to speak, but it is not required. Speakers are limited to three minuteseach unless modified by the Presiding Officer; however, members of the public shall be prohibited from allocating any of their own speakingtime, 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 theopportunity 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.The desired total time for public comments shall not exceed45 minutes; however, that time limit may change at the Mayor’s discretion. a. VerbalComments: i. Comments shall only be made from the podiummicrophone, first giving name, city of residenceand 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 questionsand answers, but public comment. When appropriate, staff shallresearch issues and report back to those making the comment as well as to Council.Public commentsare opportunitiesfor speakers to briefly address Council, and those speaking are to address members of Counciland 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 Councilmeetings become the property of the City, graphs,charts, posterboards, PowerPoint presentations, or other display materials are not permitted, although written commentsand written materials including photographs and petitions may be submitted to Councilvia the City Clerk. ii. Demonstration,applauseor other audience participationbefore, during or at the conclusion of anyone's public commentsis prohibited. Any disruptive conduct, as determined by the Presiding Officer, shall be cause for removal from the meeting room. Any ruling by the Presiding Officer relative to thesesubsections on public commentsmay be overruled by a vote of a majority of Councilmembers present. iii. Councilshall not permit public commentsif they relate to any matter upon which a quasi-judicialhearing has been required, scheduled, or held. (See page 27for 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 ballotissue. (Seepage 37, Chapter 2, FBallot Measures.) iv. Disruptive public conduct: a. Conduct in any form that interferes with Council’s ability to timely conduct the business of the City will not be allowed. If a situation arises where a speaker exceeds the three minutes (unless permitted to continue by the presiding officer), the City Clerk will turn off the microphone, and the Mayor will ask the speaker to please stop talking and step away from the podium. b. If the speaker continues after the first request, the Mayor will ask the speaker once again to stop talking, and will warn the speaker that failure to stop will result in a suspension of their privilege to speak at public comment for 90 days. If the speaker continues, the Mayor will gavel in a five-minute recess. c. Upon return from recess, public comment will start again with a caution from the Mayor that if any other speaker refuses to stop talking after being asked to do so after the three minutes, the remainder of the public comment for the night will be terminated. d. If necessary in the discretion of the Presiding Officer, and in an attempt to reasonably calm a situation or resolve a conflict, the City Attorney or Deputy City Attorney shall act as a staff liaison with a member of the public who refuses to stop talking and refuses to move away from the podium. 1664 Page of b.WrittenComments: Citizens have the option of submitting written views, opinions, comments, data and arguments to Councilon any topic and at any time, not just prior to or during public Councilmeetings. Unless the Mayor asks the Clerk to read written mailed or e-mailed comments, or the citizen reads their own prepared written comments, such comments shallnot be read aloud during regular or special Councilmeetingsalthough they shall be included as part of the public record on the topic andif appropriate, may be publicly acknowledged. Any written comments submitted to Councilvia the City Clerkshallbe distributed to Councilby placing copies at each Councilmember’s workstation or City desk; or in the case of e-mailed or other electronic comments, shallbe forwarded to Councilvia e-mail, unless such e-mail has already been supplied to members of Council. If individual Councilmembers receive written (including electronic) public commentsor materials for the purpose of reading/sharing those materials during Councilmeetings, those materials should be submitted to the City Clerk prior to the Councilmeeting so the Clerk can make copies for later distribution to members of Council. c. ElectronicComments: Councilmembers shall avoid accessing any electronic messageduring 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. (Seealso page 18, C8 InternetUse) 2.CouncilRules of Order The City Clerk shallserve as the official parliamentarianfor all Councilmeetings, and shallkeep a copy of the most current “Robert’s Rules of Order”(RONR) in CouncilChambers during Councilmeetings. 3.Quorum At allregular and special meetingsof the Council, a majority of the Councilmembers who hold office shall constitute a quorumfor the transaction of business. A lesser number may adjourn from timetotime, provided that written noticeof said adjournment isposted on the exterior CouncilChamber doors pursuant toRCW 42.30.090 13.Councilmeetings adjourned under the previous provision shall be considered regular meetings 1415 for all purposes. (RCW 35A.13.170, 35A.12.120) 4.Seating Arrangement Councilmembers shall occupy the respective seatsin the CouncilChamber assigned to them by the Mayor. 5.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.12.060 16“acouncil positionshall 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 absenceif 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 ofCouncil may be excused from meetings with prior notification to the Mayor, City Clerk, or City Managerprior to the meeting, and by stating the reason for the inability to attend. Acceptable absencesexcuses for missing meetingsmay include death of a family member, family or personal illness, inclement weather, accident, scheduled vacations, family or personal emergency, City related business, 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: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 absenceunder the following conditions: 1764 Page of i. Such serious health or physical condition must be certified in writing by a medical physician. ii. The request for a leave of absenceshall be in writing, and hand-delivered or mailed to the Mayor, City Clerk, or City Managerat least one week prior to the date when such leave would commence. iii. The request for a leave of absencemust state the anticipated date the Councilmember will resume their duties. iv. By majority voteof the whole Council, a leave of absenceshall be granted as follows: (a)The absence shall not exceed 90 days from the date the motion is passed by Council (b)The absent Councilmember shall retain pay and medical benefits during the leave of absence (c)At the end of the 90-day leave of absence, the absent Councilmember shall either: i.Return to normal Council duties commencing with the first Tuesday following the end of the 90-day leave; or ii.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.)Aleave of absencemay 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. 6.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 Councilis 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 anyCouncilmember while speaking. Councilmembers and the public shall comply withthe directivesof 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#109below. 7.Dissents and Protests , Any Councilmember shall have the right to express dissent from or protest verbally or in writingagainst any motion, ordinance or resolution of the Counciland have the reason therefore entered in the minutes. 8.Councilmember Meeting Remote Participation by Telephone/Video Conference a. Remote Council Meetings In the event of unusual circumstances such as a pandemic or other health or safety emergency where Council meetings would need to be held in such a manner as to protect the health, safetyand welfare of Council, staff and citizens, participation in such meetings shall be done remotely provided an option is available for the public to attend through internet or other electronic means. Council, staff and the public must be able to see and hear the meeting proceedings. At least a quorum of councilmembers must be able to participate. b. Telephone or electronic Participation On occasion, a Councilmember may be unable to physically attend a meeting, but wish to attend via telephone conference call. Provided there is technical availability for the Councilmember to hear the proceedings, be heard by those present, and be able to participate in Council discussion, a Councilmember may request such participation. Requests to participate in a Council meeting via telephone conference call must be made at least 1864 Page of one weekin advance, and shall be approved by Council by motion. The Councilmember making the request, may also vote on the motion. More than one Councilmember may request participation via telephonefor the same meeting, provided 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; and provided that a quorum of Councilmemberswould physically attend the meeting.During any meeting that a Councilmember is attending via remote communicaiton, the Mayor or presiding officer shall state for the record at the beginning of such meeting, that a particular Councilmember is attending via remote communication and the reason(s) for such attendance. Telephone/videoconference participation by Councilmembersmay be allowed provided that a quorumof 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 telephonefor the same meeting, provided thatthose 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/videoconference participation shall be approved by the Councilby motion. Such participating Councilmember(s) shallbe present and counted. So as not to disrupt the Council meeting, adequate noticeshallbe given to allow appropriate setupin time for the beginning of the meeting. b. Telephone/videoconference participation for voting purposes shall be allowed for public hearings or any quasi-judicialproceedings, 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. 9. InternetUse a. 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 resourcesand topreserve and enhance the integrity of those resources which belong to the citizens of Spokane Valley. b.As noted on page 11,Councilmembers shallavoid accessing any electronic messageduring Council meetingswhether by e-mail, text, or other means,. 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 shallavoid browsing the Internetof non-City business during Council meetings in order that Council’s full attentioncan be given to the topic at hand. c.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 useisprohibitedunless it has been determined by the City Attorney, Washington State Attorney General, or Washington Public Disclosure 17 Commission, that such use is not a violation of RCW 42.17A.555or is otherwise authorized by law. d.Confidential materialshallnot be sent via e-mailor text.. e.All letters, memoranda, and interactive computer communication (e-mail, text, tweet, etc.) involving Councilmembers, the subject of which relates to the conduct of government or the performance of any governmental function, with specific exceptions stated inthe 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 the member of the public or news mediafiling a public recordrequest with the City Clerk.With this in mind, textingand tweetingconcerning City business is strongly discouraged. f. E-mail communications that are intended to be distributedamong all Councilmembers, whether concurrently or serially, shallbe considered in light of the Open Public Meetings Act. If the intended purpose of ane-mail is to have a discussion that should be held at an open meeting, the electronic discussion should not occur, and 1964 Page of Council discussion should wait until everyone has had ample opportunity to view the message before including such topic(s) on an upcoming agenda. 10.AdjournmentDue to Emergencyor Disruption In the event of an emergencysuch as a fireor 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 Councilas well as everyone in the roomshall immediately leave the meeting roomand ifnecessary, leave the building.The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 11.Permission Required to Address the Council Persons other than Councilmembers and staff shallbe permitted to address the Councilupon recognition and/or introduction by the Presiding Officer or City Manager. 12.Approaching the Daisby Members of the Public Once a Councilmeeting has been called to order, members of the public are prohibited from stepping between the speaker's podiumand 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. Councilreservesthe right to invite anyone forward to the podium to be addressed by Council. 13.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 orderrequest.Alternatively, the member of the public could also discuss their request with the Mayor prior to the meeting. 14.Photographs, Motion Pictures or VideosRequiring Artificial Illumination –Prior Permission Required No overhead projection, photographs, motion pictures, or videosthat require the use of floodlights, or similar artificial illumination shall be used by the public at City Councilmeetings without the prior consent of the Presiding Officer or the City Manager. 15. Placing Items on an Agenda: a.New Item Council Business: During the Advance Agenda portion of a council agenda, At the appropriate time during a Council meeting (such as Council Comments, orAdvance Agenda),aCouncilmember may request to have items placed on a future agenda. Each request shall be treated separately. The City Manageris most familiar with staff’s workload and shall determine when the item can be prepared and brought forward to Council,unlessthe Council wants to discuss the item prior to staff’s involvement. The following process shall be used to propose an item fora future Council meeting: i. A Councilmember may propose an item and give abrief explanationory backgroundof the issue and its importance to the City. ii. Councilmembers may ask clarifying questions. iii. By a show of hands,a consensus of fouror more Councilmembers maymove 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 Manageror come directly from the City Manager as part of the normal course of business. 16.Motions and Discussion a.Order of Procedure: 2064 Page of I move . i. Memberof Councilmakes a motion by stating: “. .”After the motion is seconded,staff makestheir presentation, then the Mayor will askCouncil if there are any questions of staff. Once all questions have been addressed, thestaff member shall step away from the podium to allow for any public comment. 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. ii.The Mayor will invite public comments. Public comments should be limited to one comment per person per topic and limited to three minutes.The Mayor can remind the public this is time for comments and not discussion; and if the public has questions, those questions shallbe addressed by staff at another time outside the meeting. iii.The Mayor will open the floor to Councilfor discussion.The maker of the motionnormally 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 Councilremarks should be addressed through the Mayor. iv.When discussion has ended, theMayor will re-state the motion or ask the Clerk to re-state the motion. Once the motion is re-stated, the Mayor will call for the vote, which is normally taken by voice. The Mayor or the Clerk will then state whether the motion passed or failed. b. In General: i.Except in rare circumstances,Councilmotions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent “approval by default” of a failed negative motion. ii.Agenda items scheduled for Councilaction shall require a motion by a Councilmember before discussion unless by majority votethe Councilsuspendsthe requirement. If a motionfails, the agenda item shall be considered concluded. However, said itemcould bereconsidered if done during the same meeting, or through Council majority voteit 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.) iii.Councilmembers should direct questions to the City Manageror the designated presenter. iv.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 themotion does not “die for a lack of a second” but it merely does not progress. v.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 motionmayvote against the motion but cannot speak against their own motion. vi. No one should be permitted to speak twiceto the same issue until everyone else wishing to speak has spoken. All remarks shallbe directed to the Presiding Officer and shallbe 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. vii.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. 2164 Page of viii.Motions shouldbe reserved for items marked on the agenda for action, so as to avoid any surprises forCouncil, staff and the public. 2264 Page of Parliamentary Procedure at a Glance Roberts IF YOU YOU SAYINTERRUPTNEED Can be Can be VOTE ND Rulesof WANT TO2DebatedAmended Order § 11PostponeI move to postpone . . . NoYesYesNoMajority indefinitely (the . (an affirmative vote purpose is to can be reconsidered; a prevent action negative vote cannot.) or kill an issue.)indefinitely 12Modify wording I move to amend the NoYesYesYes**Majority of motionmotion by . . . 14Postponeto a Ex: I move to postpone NoYesYesYesMajority certain timethemotion to thenext Councilmeeting. 16Close debateI move the previous NoYesNoNoMajority* question, or I call for the question*** 17To TableaI move to lay on the NoYesNoNoMajority motiontable, the motion to 19Complain about Point of PrivilegeYesYesYesYesChair noise, room decision temperaturesetc 20Take breakI move to recess for . . NoYesNoYesMajority 21AdjournI move to adjournNoYesNoNoMajority meeting 23Object to Point of OrderYesNoNoNoChair procedure or decision personal affront 25Suspend rulesI move to suspend the NoYesNoNoMajority* rules and . . . 34Take matter Imove to take from NoYesNoNoMajority from tablethe tablethe motion to 35Reconsider I move we reconsider NoYesYesYesMajority something action on . . . already disposed of the purpose of tabling a motion It should be noted that isnot 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 motionto simply withdraw the motion.The withdrawalof a motion should be done with the consent of the seconder is not needed to withdraw a motion, however, 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. Themotion to table enables the assembly tolay the pending questionaside temporarily when something else of immediate urgency has arisen. The motion to “Lay on the Table”is out of orderif the evident intent is to kill or avoid dealing with a measure. (Robert’s Rules of Order Newly th Revised, 10Edition) *(Robert’s Rules of Order Newly Revisedstates 2/3 vote required. Councildirection is to base vote on majority except on matters where 2/3 (or majority plus one) is required by state statute. ** Ifthe mainmotion to amend can be amended. ***Call for the Question: if it is felt that debate on a motion on the floor has continuedlonger 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. 2364 Page of 17.Voting The votes during all meetings of the Councilshall 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 voiceor a show of hands. Atthe request of any Councilmemberor 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 tievote on a motion, the motion shall be considered lost. c.Every member who was presentwhen 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 Councilmemberhas recused themself due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand.Abstentions are not permitted as abstentions are equivalent to not voting, and the members of the public expect their elected officials to vote on issues. 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 Managershallrequire the 18 affirmative vote of at least a majority of the wholemembership of theCouncil(RCW 35A.12.120).Except as provided in “e” below, all other motions or resolutions shall require an affirmative vote of at least a majority of the quorumpresent. e. Majority Plus One:The passage of any public emergencyordinance (an ordinance that takes effect immediately),expenditures for any calamity,violence of nature,riot,insurrection,or war;and provisions for 19 a lesser emergency, such as a budget amendment(RCW 35A.33.090), shall require the affirmative vote of at 20 least a majority plus one of the whole membership of the Council. (RCW 35A.13.190). 18.Recusal From Discussion and Consideration . a. Situations may arise when a Councilmember should consider whether to recusethemselves 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 biasin some fashion regarding an issue before the Council. For additional discussion and explanation, please see Appendix C–Spokane Valley Councilmembers’ Statement of Ethics. The overarchinggoal 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).\[Self-dealing is defined as a situation in which a fiduciary acts in his own best interest in a transaction rather than in the best interest of his clients. A fiduciary is legally obligated to act in the best interest of his clients. A fiduciary is a person to whom property or power is entrusted for the benefit of another.\] b.Prohibited acts. There are some conflicts which cannot be waived, and some actions inwhich Councilmembers shall not engage. RCW 42.23.070 prohibits municipal officers from: i.Using “his or her position to secure special privileges or exemptions for himself, herself, or others.” ii.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.” iii.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.” iv.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.” c.Conflict of interest–contracts. In contractual matters, Councilmembers are required to avoid directly benefittingfrom contracts entered into by the City. When a Councilmember is aware that they may benefit from such a contractual relationship, they are required to recusethemselves. Other situations may arise where a Councilmember may indirectly benefit. In these circumstances, the determination of whether a conflict of 2464 Page 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. d.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 biasto 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 recusethemselves 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. e.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 recusethemselves, 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. f.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 recusemyself 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 recusemyself 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. g.The following is an example of appropriate language where the Councilmember determines that he/she does notneed to recusethemselves 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 recusemyself, and will participate with the rest of the Council in the discussion and decision. 19Ordinances a. Except for unusual circumstancesor emergencies, ordinancesand resolutions shallcustomarily be prepared, introduced and proceed in accordance with the “Three TouchPrinciple.”Prior to final passage of all ordinancesorresolutions,such documents shall be designated as drafts. b.ACouncilmember may, in open session, request of the Presiding Officer that the Councilconsider enacting an ordinancefor a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration, a committee,or the Councilfor consideration. The committee or administration shall report its 21 findings to the Council. The City Managermay propose the drafting of ordinances (RCW 35A.13). Citizens, Boardsand Commissions may also propose consideration of ordinances and resolutions. c. 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. 2564 Page of d. Ordinancesshall normally have two separate readings at separate Councilmeetings. Unless waivedby the City Councilat each reading, the title of an ordinance shall be read by the City Clerkprior to its passage. However, if aCouncilmember requeststhat the entire ordinance or certain sections be read, such request shall be granted. Printed copiesshall be available upon request to any person attending a Councilmeeting. e. Theprovision requiring two separate readings of an ordinance may be waivedat any meeting of the Council by a majority voteof all members present.This would require a successful motion to suspend the rules and pass the ordinance on a first reading. f. Ifa 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 afirstreading. g. Anyordinance 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. not h. Council may pass a franchise ordinanceat a special meeting\[RCW 35A.47.040 22\]. passage of any ordinance i.The , grant or revocation of franchise or license shall require the affirmative vote least a majority of the wholemembership 23 of at of theCouncil. \[RCW 35A.13.170 j.The passage of any public emergencyordinance (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.33.090 24), shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190 25). k. 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 shallnot 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. 20.Resolutions a. A resolution may be approvedon the same day it is introduced.While it is not necessary to have the title of aresolution read aloud, Councilmay invoke the two reading procedures described above to facilitate public understanding and/or comment on the resolution. If Councilinvokes the two reading procedures, a Councilmembermay request that the entire resolution or certain sections be read, and such request shall be grantedand the City Clerk shall read as requested. Printed copies shall be made available upon request to any person attending a Councilmeeting. b.The passage of any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Managershall require the affirmative vote of at least a majority of the whole membership of theCouncil. c. 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 shallnot 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 specificissue is held before the Planning Commission, which would result in a resolution for Council consideration. 2664 Page of 21. Community Recognition Program: a. In an effort to acknowledgeoutstanding 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 onemay 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. 22. Proclamations: a. Ceremonial proclamations not associated with the Community Recognition Program. i. 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 issueproclamations, and requests for a proclamation should be directed to the Mayor or the City Clerk. ii. 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. iii. Proclamations can be issued at the discretion of the Mayor, and may be for organizations, individuals, or businesseswithin or outside Spokane Valley’s jurisdiction. b. Procedure for proclamations to be read at a Council Meeting: i. The person making the request need not be a Spokane Valley resident ii. Requests should be made at least four weeks in advance of the scheduled Council meeting iii. The person asking for the proclamation should agree to be in attendance or have someone attend in their stead iv. The City Clerk will inform therequestor whether the proclamation request is approved v. The person making the request shall draft the proclamation and send it to the City Clerk once approval is given vi. The City retains the right to modify and/or edit the proposed proclamation as it sees fit vii. It is the Council’s preference to have proclamations read at formal meetings, which are generally ndth held the 2and 4Tuesdays; 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. 2764 Page of 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. The Council strongly believes in fiscal restraint, and 23. Taxes: Increasing or Imposing New Taxes that increasing the taxburden on its property owners and citizens by increasing or imposing new taxes shouldbe avoided except as a last resort. In addition to complying with all applicable statutory requirements, increasing or imposing new taxesshould only be done as follows: a. As requested by the City Council, the City Managerin 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 aweek for two consecutive weeks in the official newspaper of the City, stating i. the date, time and place of Council’s public hearing ii.the purpose of the hearing: that a taxincrease or new tax has been proposed iii. that a copy of the proposed draft ordinance shall be furnished to any City taxpayer who requests it; and iv. 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, theproposed draft ordinance shall proceed asfollows: i. Proceed with a first reading of the proposed draft ordinance(same or different meeting as the public hearing) ii. Second reading of the proposed draft ordinanceat a subsequent meeting. d. Approval of increasing or imposing new taxes requires an affirmative vote of a majority plus one of the whole Council. \[note: See Appendix A for quasi-judicial hearings\] 24. Hearings: a.Purpose i.Held to obtain public input on legislative decisions on matters of policy ii.Are required by state law in such matters as comprehensive plan use plans, or annual budget iii. Do not involve legal rights of specific private parties in a contested setting iv. Affect a wide range of citizens or perhaps the entire jurisdiction v.Decisionsreached 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 i. Statestatutes 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 shallbe limited toa 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 Officerat the beginning of the hearing: a. All public commentsshall 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 maybe asked to spell their last namebecause an official recorded transcript of the public hearing is being made. 2864 Page of 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 minutesper speakerand members of the public are not permitted to give any of their own speaking timeto 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. eThere shallbe no demonstrations, applauseor 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 commentsshallbe 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 commentsbecome 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. ii.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. iii.Afterstaff presentations, the Presiding Officer calls for public comments. iv.The Presiding Officer asks if any members of Councilhave questions of any of the speakers or staff. If any Councilmember has questions, the appropriate individual shallbe recalled to the podium. v.The Presiding Officer declares the public hearing closed and notes the time for such closing. 25.Reconsideration a.The purpose of reconsidering a vote is to permit change or correction ofanerroneous 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 applicationsfor legislative changes in land use status, shall be subject to a motion to reconsider except: i. anyaction previously reconsidered; ii. motions to adjourn or motions to suspend the rules; iii. an affirmative vote to lay an item on, or take an item from, the table; iv.previously passed motion to suspend the rules; or v. a vote electing to office one who is present and does not decline. b.Such motion for reconsideration: i. shallbe reconsidered during the same Councilmeeting; ii. shallbe called up when no business is pending (no action is pending); iii. if action is pending, the Mayor asks the Clerk to note that the motion to reconsider has been made and shallbe taken up when a member calls the motion to reconsider the votewhenno other business (action ) is pending; iv. shallbe made by a member who voted on the prevailing sideon the original motion. This means a reconsiderationcan 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. v. a member who makes this motion should state that he or she voted on the prevailing side; vi. needs a second, and can be seconded by any member; 2964 Page of vii. is debatable if the type of motion it reconsiders is debatable;and viii. is not amendable and requires a majority voteto adopt. c.Step 1: A member of Council who voted on the prevailing sidemakes the motion, such as "I move to reconsider the vote on the resolution relating to holidays. I votedfor \[or against\] the resolution." This motion needs a second, which can be seconded by any Councilmember. d.Step 2:If the motion for reconsiderationis adopted, the original motion is then placed before Councilas if thatmotion had not been voted onpreviously; and Councilagain takes thatmotion under discussion, followed by anewvote. e.Any motion for reconsiderationof a matter which was the subject of a required public hearing or which is a quasi-judicialmatter,may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least fivedays advance noticeof such discussion and/or action. 26.CouncilMaterials a. CouncilMaterial:Councilmembers and staff should read the agenda material and ask clarifyingquestions of the City Manageror other appropriate staff prior to the Councilmeeting when possible.Councilrecognizes 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 Counciland staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Councilmeeting, or if distributed during a meeting, Councilmembers should indicate they would like thematerials considered for afuture meeting, since except in an emergency,Councilmembers would normally not take time at thedaisto read material just received. Pre-scheduled materials Councilwishes to share as part of the Councilpacket could also be included on study session agendas under “CouncilComments.” b.CouncilPackets:Councilmembers shall personally pick up their agenda packets from their Citydesk, unless otherwise arranged by the Councilmember or further directed by Council.Councilmembers have the option of accessing their Councilpacket via the City’s website. Unless notified otherwise, the City Clerk shallprepare a hard copy agenda packet for individual Councilmembers. c.Packet Materials: Request for CouncilActionform (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 Councilaction taken, and background on the topic. Options for Councilconsideration 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 Councilin making a motion or taking action, but should not be thought of as obligatory, as Councilalways 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, Councilhas 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. 27.“Three TouchPrinciple” Decision makers and citizens at all levels of theCity should have adequate time to thoroughlyconsider the issues prior to final decisions.It is the intent of the Councilthat the Counciland administration shall abide by the “Three TouchPrinciple” whenever possible. Theseprocedural 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 Councildirectives which require a decision of the City Council or administration, should “touch” thedecision makers threeseparate times. This includes verbalor written reports, “information only” agenda items, or any combination thereof. To facilitate the Council’sstrategic 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 sessionsare excluded from application of the “Three TouchPrinciple.” 3064 Page of It is recognized that unexpected circumstances may arise wherein observance of the “Three TouchPrinciple” is impractical. However, when unusual circumstancesarise 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 Councildecision. 3164 Page of CHAPTER 2 Legislative Process 3264 Page of 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 theCouncil. If a permanent vacancyoccurs in the office of Mayor, the members of the Councilat their next regular meeting shall select a Mayor from their number for the unexpired term. Following the electionof the Mayor, election ofa Deputy Mayorshall be conducted in the same manner. The term of the Deputy Mayor shall run 26 concurrently with that of the Mayor. (RCW 35A.13.030)There are no term limits for the office of Mayor or Deputy Mayor. 2.The electionfor Mayor shall be conducted by the City Clerk. The City Clerk shall call for nominations. Each member of the City Councilshall be permitted to nominate one person, andanominationshall 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.Exceptwhen there is only one nominee, electionshall 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 voteof 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 voteof 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, Councilis 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 thatperson 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 exercisesuch authority as is described in RCW 35A.13 27 until the members of the Councilagree on a Mayor, which shall be determined at the next scheduled Council meeting, at which time the role ofActing 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 shallonly vote on the Councilmembers who received the highest number of votes. If after three voting attempts, there is still no majority voteof 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 tieof Councilmembers receiving the most votes, the tie shallbe broken based on the flip of a coin.The City Managershall flip the coin. If there are more than two Councilmembers tying with the most votes, that tie shallbe determined by another means of chance to narrow the Councilmembers down to two, at which time the outcome shallbe determined by written ballot. B.Filling Council Vacancies : 1.General Process (Note that public comment shall not be taken during thisentire process.) If a vacancy 28 occurs on the CityCouncil, the Councilshallfollow the procedures outlined in RCW 35A.13.020and Council’s adopted procedure in compliance with RCW 35A.13.020,as well as RCW 42.12.070.29 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 30 person must be \[RCW 42.04.020\] 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 candidacyand at the time of filing the declaration of 3364 Page of candidacyif 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 vacancyas 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 26 th 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 vacancyannouncement invitingcitizens 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 EDefinitions for description of immediate family.)If possible, the vacancy announcement shall be published for three consecutive weeks. b.The City Clerk shall establish the deadlineto 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 meetingwith an executive sessionbeginning at 5:00 p.m. Council shallmeet and adjourn to executive session to review and discuss all of the applications. After the review and discussion, Council shallreturn to Council Chambers and the Special Meeting shallbe adjourned. d. Hold a regular 6:00 p.m. meeting, same evening as above special meeting. Pursuant toRCW 42.30.110(1)(h), Council shallmeet inopen session and part of this agenda shallinclude selection of applicants to interview. Selection shallbe by nominationand second. A vote shallbe taken and candidates receiving a majority vote of those councilmembers present, shallbe interviewed. Immediately after this Council meeting or as soon as practicable, the Clerk shallsend a list of potential questions to all those to be interviewed. e. Schedule the conducting of the interviews for an upcoming Council meeting. Pursuant toRCW 42.30.110(1)(h), the interviews shallbe conducted during an open Council meeting. Each interview shallbe a maximum of 30 minutes. f. Schedule a special 5:00 p.m. meeting with an executive session. Pursuant toRCW 42.30.110(1)(h), Council shallmeet and adjourn to executive session (closed session) to discuss applicants. After the discussion, the Special Meeting shallbe adjourned as usual. g. Hold a regular 6:00 p.m. meeting, same evening as “f”above special meeting. Pursuant toRCW 42.30.110(1)(h), Council shallmeetin 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 shallbe sworn in by the City Clerk, and take their seat at the dais. 2.Nomination Options for Conducting Interviews: a. After holding an executive sessionto review applications, during a subsequent open session, any Councilmember may i. nominate an applicant tobe interviewed ii. the nominationmust be seconded iii. Councilmembers may make more than one nomination, but only one at a time iv. the Mayor shall ask if there are further nominations v. if no further nominations, the Mayor shall close the nominations vi. votes shall be taken on each applicant in the order of nomination vii. votes shall be by raised hand 3464 Page of viii. applicants receiving a majority of votes ofthose Councilmembers present, shall be interviewed ix. 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 or possible interview questions; x.Instead of the above nominationprocess, after holding an executive sessionto review applications, Council may choose to interview all applicants b. The length of the interview shall be determined based upon the number of applicantsand interviews shall be done in last-name alphabetical order. The City Clerk shall notify all applicants of the date, time and procedure for their interview. 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 Chambersand away from viewing or hearing the meeting’s proceedings. c. 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 : During the interview, each Councilmember may ask each candidatea maximum of three questions, which includes any follow-up questions.Candidates shallbe interviewed in alphabetical order of last name. 4.Nomination and Voting Processto Select Applicant: a. Nomination Process: Councilmembersmay 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 nominationunless the nominee declines the nominationand unless there is no second to the nomination; in which case the Councilmember make another nomination.Once the nominations are given, the Mayor shallclose the nominations and Council shallproceed 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 formaking such appointment: i. Except when there is only one nominee, avote for an applicant shall be by written ballot.Eachballot shall contain the name of the Councilmember who cast it. ii. The vacancymayonly be filled when a majority of the remainingCity Council (whether present or not) affirmatively votes for theapplicant, i.e. if five City Councilmembers are present, this would require at least fourCouncilmembers voting for an applicant. If subsequent rounds of voting are needed, each round of voting follows the same process. The Mayormay ask for Council discussion between voting rounds. iii. Round One Vote:The City Clerk shall publicly announce the results of the election.The applicant receiving the majority of votes shallbe 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. iv. 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 tievotes, a third round shallbe taken.Councilmembers maychange their vote between rounds. v. 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 Councilshall 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 3564 Page of both applicants' last name begins with the same letter of the alphabet, the applicant whose entire last name is closest to the letter A shallbe 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 shallbe 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 budgetto handle certainCity business-related travelexpenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year shallbe apportioned equally among six Councilmembers, and the Mayor may receive additional funding based on the extra travel demands of the office. 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 shallbe provided to each Councilmember by the Finance Department.Should a Councilmember exhaust their apportionment of funds, that personshallbe personally responsible for payment of any travel and related expensesunless,orthey have requested and received written affirmationmay request a voluntary allocationfrom another Councilmemberof theirvoluntary allocation who has a balance in to grant the travel related expenses from that granting Councilmember’s theirtravel apportionment.Such granting of travel allocations shallbe documented with the appropriate completed form (see Appendix F). During the last six months of a Councilmember’s current term of office, incurring City business-related travel expenditures outside a 50mile radius, requiresthe 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 Councilmembersare 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 considered official City business. The City shallnot reimburse an expense if that expense is reimbursable by another agency. 1.Travel Approvaland Expense. a. General Travel: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 would not be considered official City business. The City shallnot reimburse an expense if that expense is reimbursable by another agency.Each Councilmember shall be permitted to travel withinthe 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 otherrelated expenditures lawfully incurred by Councilmembers in the course and scope of their Councilmember duties. i.Meals and lodging are reimbursed at a cost deemed customary and reasonable. Meal receipts shall be itemized to receive reimbursement. 3664 Page of ii.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,or the tip is already included in the expenditure.Please carefully examine your bill and be aware of statements such as“A service charge of __%/$ will be added to your bill.”Reimbursement for tips is limited to food service, valet services, and taxi/ride share transportation. iii.When staff is making and paying for air travel arrangements, airline trip insurance maybe purchased on a case-by-casebasis at the discretion of the City Manager.Times when such trip insurance may be purchased include necessary travel when theweather is questionable. iv. Mileage shall be reimbursed according to the current IRS mileage ratesfor traveled miles as determined by such websites as google maps, or other internet apps or mileage distance calculators. c. Non-Reimbursement or Prohibition of Travel Expense. Unauthorized travel expenses include but are not limited to the following items, for which no reimbursement shallbe allowed: i.Liquor ii.Expense of a spouse or other persons not authorized to receive reimbursement under this policy iii.Personal entertainment/movies iv.Theft, loss, or damage to personal property v.Barber or beauty parlor vi.Airline or other trip insurance(see c above) vii.Personal postage viii.Reading material except for that associated with official City business ix.Personal telephone calls x.Personal toiletry articles, including toothpaste, toothbrush, comb, brush, candy, gum, tissues, and other miscellaneous items xi. Dry cleaning/laundry service xii.Prohibited expenses charged to the City in error shall be immediately reimbursed. d.Conferences/Meetings/Seminars. i.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. ii.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). iii.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 after completing travel of month end.Expense Reimbursement Forms submittedmore than 45 days after completing travel shall not be honored. 3. Use of Personal Vehicle. 3764 Page of 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.Councilmemberswho use their personal car for City business shallcarry,at a minimum, the Washington state required insurance coverage. Councilmembers shall beresponsible 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. ACouncilmembershall 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 Councilmemberand the Finance Committee shall be informed, and those expenses shall be repaid to the City within fourteencalendar daysof 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 ballotpropositions: “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 ballotproposition. 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 oragency, 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 ballotproposition so long as (a) any required noticeof the meeting includes the title and number ofthe 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 ballotproposition 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 or individuals for Council to support or oppose ballot measures; nor shallCouncil 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 Councilmembersvia the United States Postal Office. Because even the use of e-mailfor ballotpurposes 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 3864 Page of 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 ballotissues as those are left to the will of the people voting. The useof 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 shallnotbe permitted. 3964 Page of CHAPTER 3 Council Contacts 4064 Page of 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 shallwork with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding City business. This provision shallnot 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 broughttoany, some, or all Councilmembers, the Mayor shall, when deemed appropriate and/or necessary,consultationwith the City Managerto, first determine whether the issue is legislative or administrative in nature and then: i.If legislative, and a concern or complaintis 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 Managermay refer the matter to a future Council agenda for Council’s recommendation in forwarding the matter to a committee,administration, or to the Councilfor study and recommendation. ii.If administrative, and a concern or complaintregards 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 Councilmay direct that the City Manager brief the Councilwhen the City Manager's response is made. 3.Administrative Complaints Made Directly to Individual Councilmembers a. When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shall then refer the matter directly to the City Managerfor 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. b.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 occurredin the past. In that case, refer to the paragraph above. 4.Social Media Councilmembers shall not use social mediaas 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 telephoneand 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.for policy on donations. 4164 Page of B. Staff Contacts and Interactions 1.Role of the City Manager The City Manageris the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Councilfor 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 Councilfor policy implementation is the need for the Councilto allow the City Manager to perform legallydefinedduties and responsibilities without interference by the City Councilin the management decisions of the City Manager. 2.City Staff Attendance at Meetings a. The City Manageror 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 Councilfor the proper administration of all affairs of the City. The City Manager shallrecommend for adoption by the Councilsuch measures as he/she may deem necessary or expedient; prepare and submit to the Councilsuch reports as may be required by the body or as the City Manager deems advisable to submit; keep the Councilfully advised as to the business of the City; and shall take part in the Council’s discussion on all matters concerning the welfare 31 of the City. (RCW 35A.13.080) b.It is Council’s intentthat the City Managerschedule adequate administrative supportduring Council meetingsfor the business at hand, keeping in mind that the City Manager must also protect the productive capability of department headsand of all staff. Required attendanceat 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 Clerkshall 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 Clerkand theDeputyCity Clerk, the City Clerkshall appoint a replacement to act as Clerkduring the Council meeting. The Clerk shall keep minutes which identifiesthe general discussion of the issue and complete detail of the official action or agreementreached, 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 shallnot 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 Councilnor 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 Manageror any of his/her subordinates. Except for the purpose of inquiry, the Councilandits members shall deal with the administrative branch solely through the City Manager and neither the Councilnor 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. (RCW35A.13.120 32.) 5.Informal Communications Encouraged RCW 35A.13.120 shouldnot 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, 4264 Page of obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contactscan 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 shallinform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. 4364 Page of CHAPTER 4 COMMITTEES, BOARDS, COMMISSIONS 4464 Page of A. Regional Committees, Commissions and Boards 1.Committees a. Spokane Valley Councilmembers and/or residents who seek representation on any standing committee, board, orcommission required by state law, shall beappointed 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 voteof 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. RemovalProcessof 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 when possible and practical, will be noted on the Advance Agendaat 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. Asliaisonsand representativesof the City,it is the duty ofCouncilmembers to remember that their sole purpose in attending these meetings and participating as an appointed board/committee member is to representthe 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 Councilwhich seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Councilmay also bring such communication to the Presiding Officer’s attention under the agenda item “Committee, Board and Liaison Reports.” If any member of the Councilrequests 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 Councilmeeting, or take other appropriate action. B. In-House Committees, Boards, etc. 1. Standing committees or commissions required by lawshall 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 andconfirmed by Council. Such appointments are generally made at the first or second meeting in January. Following are established in- house committees: 4564 Page of 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 voteof 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 Citylimits. 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 CityCouncil, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absencefrom three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the CityCouncilregarding 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 CityCouncilregulating 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 taxadvisory committee. The City Council shall establish a lodging taxadvisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The City shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council. Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the nominees. Nominations shall state the term of committee membership. Appointments shall be for one-and two- year terms.” c. Finance Committee --3 members. The Finance Committeegenerally 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: i.authorizingon short notice, approval of change orders that are in excess of the amounts authorized in SVMC3.35.010(C), in circumstances where such a change order is necessary to avoid a 4664 Page of 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. ii. during the last six months of a Councilmember’s current term of office, incurring City business-related travel expenditures requiresthe 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. iii.a Councilmembershall 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 theCouncilmember and the Finance Committee shall be informed, and those expenses shall be repaid to the City within fourteen calendar days of the cancellation. Governance Manual Committee d.–5-6members This committee usually consists of two or three Councilmembers, the City Manager, the City Attorney, and the City Clerk. The purpose of this Committeeis to periodically review the Governance Manual for edits needed for clarity or correction, or to add or edit specific sections by Councilconsensus, or by request of staff as the need arises. After discussion as a committee, the matter may bescheduled as an administrativereport on a future Council agenda. The finalized Governance Manual shall be approved via Resolution. Agenda Committee e. –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 anopportunity 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 sessionif 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 committeesshall 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 vacancyor soliciting membership or participation in a task force or other committee shallbe placed on the City’s website, and inthe City’s official newspaper. 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 those committees and/or boards. As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. 4764 Page of 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 subjectto stricter procedural requirements than legislative hearings. Most quasi-judicialhearings 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 Councilmay express their opinions about pending or proposed quasi-judicialactions while campaigning, pursuant toRCW 42.36.040 33, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b.Ex-partecommunications 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 verbalor 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 orher 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 CouncilAppeal Hearing Procedures. 4864 Page of 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 COUNCILAND 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 Councilof 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 Councildesires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifying Resolution 03-027 as set forth belowby adding new section 7. The remainder of the resolution 03-027 is unchanged: NOW, THEREFORE ,the City Councilof the City of Spokane Valley does hereby affirm and resolve that core beliefs the following shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valleyshould be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public’s legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City Councilas 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-judicialor other public hearings and the statutory duties of the City Manageras set forth in RCW 35A.13.020. Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonablerules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Section 5. We believe that the City of Spokane Valley’s governance should be known as “user friendly,” and that governance practices and general operations should consider how citizens will be served in the most responsive, effective and courteous manner. 4964 Page of 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 theCity Councilby creating the organizational teamwork necessary for effective, responsive and open government. (b)Providing the City Counciland public reasonable advance noticewhen 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 11 th day of December, 2007. ATTEST:/s/ DIANA WILHITE______________________ Diana Wilhite, Mayor /s/ CHRISTINE BAINBRIDGE___________ Christine Bainbridge, City Clerk Approved as to form: /S/ MICHAEL F. CONNELLY___________ Office of the City Attorney 5064 Page of APPENDIX C: STATEMENT OF ETHICS SPOKANE VALLEY CITY COUNCILMEMBERS’ STATEMENT OF ETHICS By adoption of the Resolution which adopts thisGovernance 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 ethicalstandards 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, whichis 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 34 . 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: NoCouncilmember, 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 favorfrom 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 others, 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.\[RCW 42.23.070 35\] (b) Interest in Contracts, Exceptions: No Councilmembershall 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 asif 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 Councilmemberwho has a financial or other private or personal interest in any ordinance, resolution, contract, proceeding, or other action pending before the City Councilor 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 Councilproceedings. Any Councilmemberwho 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. 5164 Page of Appendix D: Frequently Used Acronyms AACE -AmericanAssociation 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 COVID-19 –CO=corona, VI=virus, &D=disease; 2019 novel coronavirus; infectious disease caused by severe acute respiratory syndrom coronavirus 2; WHO declared it a global pandemic March 2020 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 EmergencyManagement DNR -Department of Natural Resources DNS -Declaration of Non-Significance DOC –Department ofCommerce 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) 5264 Page of F & WS -Federal Fish & Wildlife Service FAA -Federal Aviation Administration FCC -Federal Communications Commission FEIS -Final Environmental Impact Statement FEMA -Federal EmergencyManagement 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 5364 Page of PW -Public Works QA -Quality Assurance 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 WHO – World Health Organization WSDOT -Washington State Department of Transportation WSP -Washington State Patrol WUTC -Washington Utilities & Transportation Commission WWTP -Wastewater Treatment Plant 5464 Page of 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 toserve in a vacated council positionuntil that vacated position can be filled as a result of the next general municipal election (held odd years) \[RCW 42.12.070\] applicants must use this form To be considered, . Applications shall be completed, signed, and received at no later than ________ p.m. on the City Clerk’s office, 10210 E. Sprague Avenue, _____________________ (late arriving applications will not be considered) . Applications may be hand- will not be accepted delivered or mailed. Faxed or e-mailed applications because the original application with the original signature must be received by the City. During the interview process, Current Councilmembers will ask applicantsseveral 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 thanone year, please list your previous addresses and state how long you lived at those residences: Complete Previous AddressLength 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 5564 Page of 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 ofEmployment: _________________ 3. \[ \] present \[ \] previous Name of Employer: ____________________________________________________________________ Address: ________________________________________________________ Phone: ______________ Position held: ____________________________________ Dates of Employment: _________________ EDUCATION: Name of High School _____________________________ Address: _______________________________ Diploma or GED: \[ \] yes \[ \] no Trade School/College/University: Name of School _____________________________ Address: ___________________________________ Diploma: \[ \] yes \[ \] no Degree or Certification Earned: ___________________________ Trade School/College/University: Name of School _____________________________ Address: ___________________________________ Diploma: \[ \] yes \[ \] no Degree or Certification Earned: ___________________________ Other Certifications/Licenses:_____________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ 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 \[ \] 5664 Page of 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 aninterimmember of the Spokane Valley City Council. Yes \[ \] No \[ \] 5764 Page of 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 5864 Page of 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 to Transfer from Councilmember’s name Councilmember’s name Account numberAmount Account numberAmount SignatureDate SignatureDate ------------------------------------------------------------------------------ 5964 Page of AppendixG: Definitions Actionindividual's spouse or domestic partner and the : All transactions of a governing body’s spouse or the domestic partner of any such person business, including receipt of public testimony, deliberations, discussions, considerations, reviews, (RCW 42.17A.005(24)). and evaluations, as well as “final” action. \[RCW Motion: An enacted motionisa form of action 42.30.010, 42.30.020(3)\]. taken by the Council to direct that a specific action Codified : The process of forming a legal code (i.e., be taken on behalf of the municipality. Once approved and entered intothe record, is the a municipal codeor book of laws) by collecting and equivalent of a resolution in those instances where including the laws of a jurisdiction or municipality. a resolution is not required by law, and where such Consensus: A collective judgment or belief; motion is not in conflict with existing state or federal statutes, City ordinances or resolutions. solidarity of opinion: “The consensus of the group was that they should meet twice a month.General Ordinance: agreement or harmony. \[Random House Webster’s An enacted ordinanceis a law passed \[enacted\] by a municipal organization legislatively College Dictionary, April 2001\] \[Wikipedia: prescribing specific rules of organization or explains it as agroup decision making process, or Does anyone object?\] It is not unanimity, but more conduct relating to the corporate affairs of the municipality and those citizens and businesses a process for deciding what is best overall. therein. Council action shall be taken by ordinance Members of the group reach a decision to which consent they because they know it is the best one when required by law, or where prescribed conduct overall. It differs from voting which is a procedure may be enforced by penalty. Special ordinances such as adopting the budget, vacating a street, for tallying preferences. It does not require each amending the Comprehensive Plan and/or Map, member of the group to justify their feelings. \[Taken from: Consensus Is Not Unanimity: Making and placing a matter on an electionballot, including general obligation bonds, are not Decisions Cooperatively, by Randy Schutt.”\] codified into the City’s municipal code. Similar to a type of verbal “show of hands” on who feels particularly strong on this?” Sometimes Resolution: thought of as preliminary approval without taking An enacted resolutionis an administrative act which is a formal statement of final “action.” A show of hands is not an action that has any legal effect. \[“Voting and Taking policy concerning matters of special or temporary Action in Closed Sessions” by Frayda Bulestein.\]character. Council action shall be taken by resolution when required by law and in those Ex-parte:instances where an expression of policy more from a one-sided or partisan point of view; on the application of one party alone. An ex-formal than a motion is desired. parte judicial proceeding is conducted for the Regular Meeting: Any Council meeting that benefit of only one party. Ex-parte may also describe contact with a person represented by an meets in the Spokane Valley City Council attorney, outside the presence of the attorney.Chambers on Tuesday at 6:00 p.m. shall be deemed a “regular meeting.” Immediate Family :includes aspouse or domestic Social Media: A term used to define the various partner, dependent children, and other dependent activities that integrate technology, social relatives, if living in the household. For the interaction and content creation. Through social purposes of the definition of "intermediary" in this media, individuals or collaborationsof individuals section, "immediate family" means an individual's create on-line web content, organize content, edit spouse or domestic partner, child, stepchild, or comment on content, combine content, and share grandchild, parent, stepparent, grandparent, content. Includes many technologies and forms brother, half brother, sister, or half-sisterof the including syndicated web feeds, weblogs (blogs), individual and the spouse or the domestic partner of any such person and a child, stepchild, wiki, photo-sharing, video-sharing, podcasts, and grandchild, parent, stepparent, grandparent, social networking. (From MRSC, and Social Media and Web2.0 in Government, WebContent.gov) brother, half-brother, sister, or half-sisterof the 6064 Page of INDEX Finance Committee · 47 Finance Department · 36 A fiscal restraint · 28 flip of a coin · 33 Absences · 18 Acceptance of Gifts: · 52 H ad hoc committees · 47 Advance Agenda · 16, 21 affirmative motion · 22 hearings · 28 amended agenda · 10, 13, 15 holiday · 9 applause · 17, 29 applications · 29, 34, 35 I attendance · 42 impractical · 15, 16, 31 B informal contacts · 43 Internet · 18, 20 ballot · 17, 33, 35, 38, 39, 61 bias · 24, 25 L budget amendment · 24, 26 leave of absence · 18, 19 C M Cancellation of Meetings: · 16 candidate · 14, 35 City Manager · 3, 6, 9, 10, 12, 15, 16, 18, 19, 20, 21, 22, 24, majority of the whole · 24, 26 25, 26, 28, 30, 33, 36, 41, 42, 47, 50, 51, 53 Majority Plus One · 24, 26 coin flip · 36 majority vote · 6, 9, 12, 19, 22, 23, 26, 29, 33, 45, 46 Community Recognition Program · 27 maker of the motion · 21, 22, 23 complaint · 41 misleading · 12 Confidential material · 20 Conflict of interest · 24 Core Beliefs · 3, 4 N nomination · 33, 34, 35 D notice · 9, 15, 18, 20, 30, 38, 51, 66 dais · 12, 20, 30, 35 deadline · 34 O Demonstration · 17 Open Public Meetings Act · 5, 9, 12, 13, 20, 41, 56, 66 out of order · 17, 21, 23, 28 E Outside Requests · 12 election · 33, 34, 36, 38, 61 electronic message · 18, 20 P e-mail · 18, 20, 39 emergency · 10, 13, 15, 20, 24, 26, 30, 66 parliamentarian · 18 Emergency · 2, 16, 20, 53, 54, 66 podium · 10, 17, 20, 28, 29 ethical · 52 Pre-Agenda · 2, 16 executive session · 13, 14, 15, 34, 35, 47 presentations · 9, 12, 17, 29 executive sessions · 14, 15, 31 prevailing side · 29, 30 Public Comment · 39 public comments · 10, 17, 18, 21, 28, 29 F Public Records Act: · 5 Filling a Council Vacancy · 34 6164 Page of Table · 2, 23 Q tax · 28, 46 telephone · 19, 20, 41 qualifications · 14, 34 three minutes · 17, 21, 28 quasi-judicial · 17, 20, 30, 49, 50 Three Touch · 25, 30, 31 quorum · 5, 6, 18, 19, 24, 66 Three-Touch · 10, 13 tie · 24, 33, 36 travel · 36 R U rearrange · 9, 13 recommended appointment · 45 reconsideration · 29, 30 unexcused absence · 18, 46 recuse · 24, 25 Unexpected Motions · 12 Removal · 45, 46 unusual circumstances · 25, 31 Request for Council Action · 30 V S vacancy · 33, 34, 35, 36, 47 seats · 18 video · 19, 20, 42, 61 social media · 41, 61 vote to extend the meeting · 12, 13 speak twice · 22 special meeting · 13, 15, 16, 26, 34, 35 surprise · 12 W surprises · 12, 22, 30 waived · 9, 24, 26 withdraw the motion · 23 T written comments · 17, 18, 29 table · 23, 29 6264 Page of Endnotes: 1 RCW 42.30.110–Open Public Meeting Act, Executive Sessions 2 RCW 42.30.140-Open Public Meeting Act, 3 RCW 35A.13.035-Optional Municipal Code (35A) –Council-manager plan of government 4 RCW 42.52–Ethics in Public Service 5 RCW 42.56–Public Records Act 6 RCW 35A.12.160Optional Municipal Code (35A) –Council manager plan of government; public noticeof hearings and meeting agendas 7 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 10 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 gov't; meetings: quorum, rules, voting 15 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 –EmergencyExpenditures –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.13.170 –passage of a franchise ordinance 24 RCW 35A.33.090 –EmergencyExpenditures –Other emergencies –Hearing. 6364 Page of 25 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. 26 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. 27 RCW 35A.13–Council-manager plan of government. 28 RCW 35A.13.020–Mayor –election, chair to be mayor, duties 29 RCW 42.12.070 –Filling nonpartisan vacancies 30 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. 31 RCW 35A.13.080 –City manager powers and duties 32 RCW 35A.13.120 –city manager –Interference by councilmembers 33 RCW 42.36.040 –Public discussion by candidate for public office 34 RCW 42.17A.005 –‘compensation’ includes payment in any form for real or personal property or services of any kind 35 RCW 42.23.070 –‘prohibited acts’ –no municipal officer may, directly or indirectly, give or receive or agree 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. 6464 Page of CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:Department Director Approval: July 14, 2020 Check all that apply : consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Motion Consideration: Potential Grant Opportunity Transportation Improvement Board (TIB) GOVERNING LEGISLATION : RCW 35.77.010: Six Year Transportation Improvement Program PREVIOUS COUNCIL ACTION TAKEN : July 22, 2014 City Council approval for staff to apply for project funding from TIB, including Sullivan Road Preservation and Sidewalk project July 25, 2017 City Council approval for staff to apply for project funding from TIB, including Mullan Road Preservation project March 27, 2018 City Council approval for staff to apply for project funding from SRTC, including Mullan Road Preservation and Argonne Reconstruction (which included the concrete reconstruction of the Argonne/Montgomery intersection with signal and channelization upgrades) July 2, 2019 City Council approval for staff to apply for project funding from TIB, including Mullan Road Preservation and Argonne & Montgomery Intersection Reconstruction (which covered only the north segment of the corridor reconstruction submitted in 2018 to SRTC). May 26, 2020 Adoption of Resolution 20-009 adopting the 2021-2026 Six-Year Transportation Improvement Plan (TIP) June 30, 2020 Administrative Report discussing potential projects for TIB. BACKGROUND : On May 29, 2020, the Washington State TIB issued a Call for Projects for the UAP (Urban Arterial Program). The UAP makes approximately $60M available statewide and Spokane Valley is eligible to apply for funds from the northeast r approximately $6.4M. TIB requires a minimum 20% match for any awarded grant funds and additional points can be scored for matching levels between 20% and 40%. Applications are due August 14, 2020. 1-2026 TIP, Comprehensive Plan, pavement condition analysis, crash history, the SRTC contingency project Based on the increased competitiveness for funding this year, staff has targeted funding requests and City match amounts that are expected to be the most competitive. City matching funds are to be funded by REET revenues. TIB scores up to 5 additional points for every 4% of local match provided above the 20% minimum, i.e. 24% match earns one point, 28% earns two points, and up to 40% match earns five points. Project match beyond 40% does not earn additional points. The proposed 2020 TIB application list is identified in Table 1. Table 1. Proposed TIB Application Requests and City Matching Amounts Project Name Total Estimated Cost Grant Request (%) City Match (%) Urban Arterial Program (UAP) 1. Argonne Corridor $1,440,000 $560,000 Reconstruction (Indiana $2,000,000 (72%) (28%) to Montgomery) $3,000,000 $2,160,000 $840,000 Preservation + Sidewalk + ITS (72%) (28%) 2. Sullivan Road $600,000 $0 $600,000 Preservation & Sidewalk Stormwater (0%) (100%) th (Sprague to 8 Ave) $3,600,000 $2,160,000 $1,440,000 Total Project Combined (60%) (40%) OPTIONS : 1) Proceed with the proposed project list and motion as written, 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or designee to apply for the TIB UAP projects identified in Table 1. BUDGET/FINANCIAL IMPACTS : Dependent upon the individual projects. It is most likely that the City would only receive one, if any, project awards. It would be highly unlikely that the City would be awarded 2 project awards. STAFF CONTACT : Adam Jackson, P.E. Engineer Planning & Grants ______________________________________________________________________ ATTACHMENTS : N/A CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:Department Director Approval: July 14, 2020 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 Barker Road Widening Project (Spokane River to Euclid) GOVERNING LEGISLATION : SVMC 3.35.10 Contract Authority PREVIOUS COUNCIL ACTION TAKEN : 3/13/2018: Council passed a motion authorizing staff to apply for the Washington State Freight Mobility Strategic Investment Board (FMSIB) 2018 call for projects. 3/27/2018: Council passed a motion authorizing staff to apply for the Washington State projects, including federal funds from Surface Transportation Block Grant (STBG). 6/5/2018: Council adopted the 2019-2024 Six Year Transportation Improvement Program (TIP) by Resolution #18-003. 1/29/2019: Council adopted Resolution 19-002, amending the 2019 TIP. 3/26/2019: Council adopted Ordinance 19-003 amending the 2019 Budget to include funds for this project. 8/13/2019: Council passed Resolution 19-012 amending the 2019 TIP, which included this project. 1/21/2020: Council passed Resolution 20-002 amending the 2020 TIP, which included this project BACKGROUND : In 2018, the City applied for FMSIB, STBG, and CSP grants to reconstruct the Barker Corridor and provide a multi-use path from the Spokane River to the limits of the Barker Road/BNSF Grade Separation Project and was successful with these grant applications. FMSIB will fund 20 percent of the total project cost up to $1.68 million. STBG and CSP will fund $2,050,000 and $231,000, respectively. The project will be constructed in three segments. The segment from Euclid (west) to the south limit of the grade separation project was constructed in 2019 with City funds. The segment from the Spokane River to Euclid (east) will be constructed in 2020 and 2021. The third segment, Euclid Rd (east) across the Union Pacific Railroad to Euclid Rd (west), along with the multi-use path for the entire length of the corridor will be constructed in 2021. The Barker Road Widening Project (Spokane River to Euclid) will improve Barker Road from the Spokane River to Euclid Road by changing Barker Road into a three-lane road. The project includes HMA (hot mix asphalt) paving, curb and gutter, stormwater facilities, channelization, and signing. roadway project and is partnering with the City to include the water main construction as part of ule C in the construction documents. To pay for the water main, a Memorandum of Understanding (MOU) will be executed between the City and the District. Spokane County intends to install a sewer and force main within project and is partnering with the City to include the sewer construction Their work is identified as Schedule D in the construction documents. To pay for the sewer main, a MOU will be executed between the City and the County. Project Costs Project Budget Preliminary Engineering $ 165,*000 City Fund 312 $ 371,146 Right-of-Way $ 195,000 *FMSIB State Funds$ 988,088 Roadway Construction $ 2,645,000 Federal Funds $ 1,830,766 Construction Engineering $ 185,000 Irrigation District $ 250,000 Water Construction $ 250,000 Spokane County $ 450,000 Sewer Construction $ 450,000 Total estimated costs $ 3,890,000 Total Budget $ 3,890,000 *For this project segment, FMSIB is funding 20% of the first segment (constructed in 2019) and 20% of the second segment to be constructed in 2020-2021. The roadway project was designed in-house, and Spokane County and the District designed their portions of the work. The project was advertised on June 12, 2020. City opened bids on July 10, 2020Estimate is $3,158,164.08. Due to the timing of the bid opening, the Bid Tabulation and recommended Contractor for award will be provided at the Council meeting on July 14, 2020. BUDGET/FINANCIAL IMPACTS : There are sufficient funds to cover the cost for this project. OPTIONS : 1) Move to award the contract to the lowest responsive and responsible bidder, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Barker Road Widening Project CIP# 0275 to ________ in the amount of $_______ plus applicable sales tax, and authorize the City Manager to finalize and execute the construction contract. STAFF CONTACT : Bill Helbig, PE, City Engineer ___________________________________________________________________________ ATTACHMENTS : None. Bid tabulation and recommended Contractor for award will be provided at the July 14 Council meeting. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:Department Director Approval: July 14, 2020 Check all that apply : consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: Council Goals and Priorities for Lodging Tax Advisory Committee (LTAC). GOVERNING LEGISLATION :Imposition of tax, set-up of LTAC and determination of qualified expenditures is governed by RCW 67.28, as amended by Engrossed Substitute House Bill 1253 in 2013; and Spokane Valley MunicipalCode 3.20. PREVIOUS COUNCIL ACTION TAKEN :No action on the 2020process leading to 2021 awards has been taken thus far. Council goals and priorities for using lodging tax revenues to benefit tourism in Spokane Valley were last reviewed by Council on July 30, 2019.Council discussed the 2020 awards and the impacts of COVID-19 on lodging tax revenues at the April 7 and May 5, 2020 Council meetings. BACKGROUND : The Tax Rate: In 2003, the City imposed an initial 2% lodging tax on all charges for furnishing lodging at hotels and motels pursuant to RCW 67.28.180. This tax is taken as a credit against the 6.5% state sales tax, so that the total tax a patron pays in retail sales tax and the hotel/motel tax combined is equal to the retail sales tax in the jurisdiction –which for Spokane Valley is 8.9%. The estimated revenues for the initial 2% lodging taxin the 2020Budget iscurrently $650,000. However, due to the effects of the COVID-19 pandemic and related economic shutdowns, staff is currently estimating2020 revenues to be $346,000, which is a decrease of $304,000 from the 2020 Budget.We are monitoring tax collections closely to refine the 2020 estimate and establish an estimate for 2021. There will be additional discussion of this topic at the 2021 Budget Workshop on August 4, 2020. On April 14, 2015, the City imposed an additional 1.3% lodging tax pursuant to RCW 67.28.181. This tax is in addition to the existing 8.9% sales tax imposed in Spokane Valley, and when combined with a 2.0% lodging tax imposed by the Spokane Public Facilities District causes the total lodging tax rate in Spokane Valley to equal 12.0%. This additional lodging tax went into effect July 1, 2015. We currently estimate the 1.3% lodging tax will generate approximately $213,000 in 2020 which is $207,000 less than the $420,000 currently included in the 2020 Budget. As discussed above with the 2% tax, this reduction is due to the effects of the COVID- 19 pandemic. 15 Page of The combined sales and lodging tax rates are shown in the table below: Tax Components RetailHotel Sales tax State of Washington6.50%4.50% City of Spokane Valley0.85%0.85% Spokane County0.15%0.15% Criminal Justice0.10%0.10% Spokane PFD0.10%0.10% Public Safety0.10%0.10% Juvenile Jail0.10%0.10% Mental Health0.10%0.10% Law Enforcement Communications0.10%0.10% Spokane Transit Authority0.80%0.60% Total sales tax8.90%6.70% Lodging tax City of Spokane Valley (initial 2.0% tax)0.00%2.00% City of Spokane Valley (additional 1.3% tax)0.00%1.30% Spokane PFD0.00%2.00% Total lodging tax0.00%5.30% Total tax8.90%12.00% Lodging Tax Advisory Committee (LTAC) The organizations to which the tax proceeds are distributed are ultimately determined by the City Council which receives a recommendation from the LTAC. The LTAC is comprised of five members who are appointed by the City Council, and by State law the Committee 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. State Rules Governing Use of the Initial 2% Lodging Tax In 2013 the Washington State Legislature approved Engrossed Substitute House Bill (ESHB) 1253 which amended the lodging tax revenue, application process, selection process, and reporting requirements. ESHB 1253 specifically retained the City’s authority to use lodging tax revenues to fund: Tourism marketing. The marketing and operations of special events and festivals. The operations and capital expenditures of tourism-related facilities owned or operated by a municipality or public facility district. The operations (but not capital expenditures) of tourism-related facilities owned or operated by non-profit organizations. 25 Page of ESHB 1253 also established application and reporting procedures for cities with a population greater than 5,000 that applicants must now submit their applications to the Lodging Tax Advisory Committee. The application is required to estimate how the grant award requested will result in increases in the number of people traveling to the City for business or pleasure in the following categories: Away from their place of residence or business and staying overnight in paid accommodations; To a place 50 miles or more one way from their place of residence or business for the day or staying overnight; or From another country or state outside their place of residence or their business. Through 2012, the City Council could, at its option, supersede the recommendation of the LTAC and award lodging tax funds to applicants in the amount the Council collectively determined was appropriate based upon their own goals and priorities for promoting conventions, festivals, special events, and tourist travel, regardless of the LTAC recommendation. However, ESHB 1253 altered this authority and 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. The Council used this process in 2017 for the 2018 awards to ensure transparency and the public confidence due to questions from the public that arose during the LTAC review and recommendation process. Council Goals and Priorities for Use of the Initial 2% Lodging Tax In August 2013 Council for the first time adopted goals and priorities that it encouraged the LTAC to consider when making award recommendations. Based upon subsequent discussions between Council and Staff in the years of 2014 through 2019, these have evolved asfollows: 1.Council desires to direct awards toward funding new and innovative projects, activities, events or festivals that will distinguish Spokane Valley as a tourism destination and result in increases to Spokane Valley tourism. As part of this goal,Council will use lodging taxes for the purposes allowed in State law, which include: a.Tourism marketing b.The marketing and operations of special events and festivals c.The operation and capital expenditures of tourism related facilities owned or operated by amunicipality or public facility district d.The operation (but not capital expenditures) of tourism related facilities owned or operated by non-profit organizations. 2.Council will emphasize the utilization of funds for capital expenditures to develop tourism destination facilities or venues within the City of Spokane Valley as a means of drawing additional visitors to the City (recognizing that this option is limited to facilities owned by a 35 Page of municipality or public facility district). Council would like to move in the direction of allocating a majority of lodging taxes toward this purpose. 3.Council recognizes that lodging nights are an important measure of a successful event or marketing program and will place higher consideration on events or programs with a demonstrable history of increasing overnight stays. Council may also take into consideration to a lesser degree the economic impact of all major components of our tourism-based economy including shopping, dining and overnight visits. 4.Council will take into consideration revenues derived from lodging sources within Spokane Valley received by applicants from other municipal entities and agencies such as the Spokane County Tourism Promotion Authority and Spokane Public Facilities District. 5.An award to any particular applicant cannot be greater than the dollar amount requested in that applicant’s application. 2020Timeline Leading to 2021Awards of the Initial 2.0% Lodging Tax The calendar we plan to follow in 2020for 2021lodging tax awards is as follows: Tues7/14/2020Admin Report - Review Council goals and priorities for use of lodging tax proceeds. Tues7/28/2020Motion seeking Council approval of goals and priorities for the use of lodging tax proceeds. Wed8/28/2020City runs notice in newspaper, places on web site, and sends letters to 2020 award recipients and others agencies that may have expressed interest. Fri10/2/2020Grant proposals are due to City by 4pm (no late submittals will be accepted). Fri10/9/2020Applications sent to Lodging Tax Advisory Committee for review. Thurs10/15/2020*8:30 am Applicant presentations to Committee. Tues11/24/2020Formal Council Meeting Admin Report: LTAC Recommendations to City Council Tues12/8/2020*Formal Council Meeting City Council Motion Consideration: Award Lodging Tax for 2020 RCW 67.28.1817 requires that the City wait for a period of at least 45 days after the LTAC meeting before action can be taken by the City Council. *12/8/2020Council Action *10/15/2020LTAC meeting 54days Additional 1.3% Lodging Tax The 1.3% additional lodging tax imposed by the City via Ordinance #15-008 went into effect July 1, 2015, and we received our first remittance from the State in September 2015. The total collected during 2019for this tax was $454,283, and we are estimating $213,000 in 2020 which is $207,000 less than the $420,000 currently included in the 2020 Budgetdue to the effects of COVID-19.We are monitoring tax collections closely to refine the 2020 estimate and establish an estimate for 2021. There will be additional discussion of this topic at the 2021 Budget 45 Page of Workshop on August 4, 2020.Proceeds of this tax are to be used solely for capital expenditures for acquiring, constructing, making improvements to or other related capital expenditures for large sporting venues, or venues for tourism-related facilities that generate overnight guests at lodging facilities. The ultimate commitment of these funds will follow an application and award process similar to that employed with the initial 2.0% lodging tax where the LTAC will consider an application and make a recommendation to the City Council which will have the final say on whether an award is made. The City will need to accumulate enough money prior to beginning such a project. Any project developed by the City will need to go through the LTAC review process and will take into account not just the cost of constructing a facility but also the cost of future operations. It is noteworthy that the proceeds of the additional 1.3% lodging taxmay only be used for the construction of a facility and may not be used for operations. OPTIONS :Discussion of Council goals and priorities for lodging taxes to be communicated to the LTAC and applicants. RECOMMENDED ACTION OR MOTION: This is a discussion item only but staff is: 1.Seeking consensus from the Council on the goals and priorities the LTAC should consider when evaluating applications, and 2.Communicating to Council that the 2021Budget is again being developed to set aside $30,000 of lodging taxrevenues to enhance CenterPlace advertising expenses resulting in an increase in that marketing budget from $30,000 to $60,000. The Council is able to make this decision independent of any input from the LTAC because this represents a historical use by the City that preceded the Legislature’s adoption of ESHB 1253. If the City desired the use of any additional lodging tax proceeds, it would be required to utilize the same application process noted above that is required of all other agencies seeking funding. BUDGET/FINANCIAL IMPACTS :In 2020 the 2% portion of the lodging tax is currently anticipated to generate approximately $346,000 and the 1.3% portion an additional $213,000, which is collectively $746,000 less that what is currently included in the 2020 Budget.We are monitoring tax collections closely to refine the 2020 estimate and establish an estimate for 2021. There will be additional discussion of this topic at the 2021 Budget Workshop on August 4, 2020. STAFF CONTACT :Chelsie Taylor, Finance Director ___________________________________________________________________________ ATTACHMENTS :Lodging Tax Award History –2003 through 2020 55 Page of CITY OF SPOKANE VALLEY Request for Council Action Meeting Date:Department Director Approval: July14, 2020 Check all that apply : consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: Allocation of Coronavirus Relief Fund Dollars GOVERNING LEGISLATION :Section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)(see 42 U.S.C. § 801) PREVIOUS COUNCIL ACTION TAKEN :At the June 23, 2020 Councilmeeting, Council heard from a variety of organizations within the City regarding the impacts they have seen from the COVID-19 pandemic.Council authorized the City Manager to finalize and execute the Department of Commerce Interagency Agreement for Coronavirus Relief Funds at the July 7, 2020 meeting. BACKGROUND : General Program Information: In response to the impacts of the COVID-19 Pandemic, the federal government passed stimulus funding through the Coronavirus Aid, Relief, and Economic Security (CARES) Act.The Coronavirus Relief Fund (CRF) was established through the CARES Act, and it appropriated $150 billion for making payments to States, Tribal governments, and units of local governments for fiscal year 2020. The CRF funds are administered through the U.S. Department of Treasury at the federal level. The allocation of the CRFfunds was developed by the Office of Financial Management (OFM), and allocations were based on 2019 population estimates for each jurisdiction. Funds were directly provided by the U.S. Treasury to Washington State and cities and counties within the State with populations over 500,000 per OFM’s allocation. These cities and counties included the City of Seattle, King County, Pierce County, Snohomish County, and Spokane County. On April 27, 2020, Governor Inslee announced the awardof nearly $300 million of the state’s allocation of CARES Act funding would go to cities and counties throughout the state that had not received a direct federal allocation. Allocations to these jurisdictions would also be based on population, and minimum distributions to each county and city would be $250,000 and $25,000, respectively. The City of Spokane Valley was awarded $2,901,600 under the CRF program passed through the state. In order to access the funds, the City must enter into a contract with the Washington State Department of Commerce, and the grant will be on a reimbursement basis, which means that the City must first expend the funds and request reimbursement after.The funds may only beused for costs incurred by local governments in response to the COVID-19 public health emergency during the period of March 1, 2020 thru October 31, 2020. Eligible Costs: Guidance provided by the U.S. Department of Treasury and the Washington State Department of Commerce statesthat the CRF program may only be used to cover costs that are necessary expenditures incurred due to the public health emergency with respect to COVID-19 and were not accounted for in the City’s budget most recently approved as of March 27, 2020. Guidance 14 Page of also states specifically that the CRF program may not be used to fill shortfalls in government revenues. Examples of eligible expenditures were given in six primary categories, and the City must request reimbursement from Commerce under one of these primary categories. The six categories include: 1.Medical expenses, 2.Public health expenses, 3.Payroll expenses, 4.Expenses of actions to facilitate compliance with COVID-19-related public health measures, 5.Expenses associated with the provisionof economic support, and 6.Other COVID-19-related expenses. Commerce also provided an Eligible Cost Test, which states that each of the following five statements must be true in order to be an eligible cost under the CARES Act: 1.The expense is connected tothe COVID-19 emergency. 2.The expense is “necessary.” 3.The expense is not filling a shortfall in government revenues. 4.The expense is not funded through another budget line item, allotment or allocation, as of March 27, 2020. 5.The expense would not exist without COVID-19 or would be for a “substantially different” purpose. Additionally, guidance states that the intent of the CRF program is to cover immediate impacts of COVID-19, and that this intent should be considered in determining eligibility. City Costs: Of the six primary categories listed above, the City currently has incurred COVID-19-related expenses under 2) public health expenses and 4) expenses of actions to facilitate compliance with COVID-19-related public health measures. Current costs include the following as of June 26, 2020: 24 Page of Potential/ CategoryExpendedExpectedTotal Public Health Expenses PPE for City Facilities$6,117$18,000$24,117 Additional Cleaning for Parks Restrooms$-$18,000$18,000 Additional Capital Contract Costs$-$20,000$20,000 Additional Precinct Costs over BOJ Grant$-$100,000$100,000 $6,117$156,000$162,117 Compliance Public Health Measures Grant to Spokane Valley Partners$25,000$25,000$50,000 Grant to Meals on Wheels$8,000$-$8,000 $33,000$25,000$58,000 Total$39,117$181,000$220,117 Total City CRF Allocation$2,901,600 Less City Operational Needs$(220,117) Remaining Balance of CRF Funds$2,681,483 The City has currently spent $39,117with additional potential/expected expenditures of $181,000 bringing the total expected City operational needs for CRF Funding to $220,117.This leaves a remaining balance of CRF funds of $2,681,483. There are a variety of waysthat the remaining balance may be used to provide support to the community as it deals with the COVID-19 pandemic and its effects. The areas that have been discussed by City staff and Council up to this point are: Food security/insecurity, Rental assistance, Mortgage assistance, Certain types of utility assistance, Assistance for schools in the City, Non-profit organization grants, and Small business grantsfor economic development. Afterthe July 7, 2020 meeting, Council was provided with a spreadsheet with the above seven areas so that each Councilmember could give a recommended allocation of the remaining $2,681,483 of CRF funds. The bottom portion of the spreadsheet has space for recommendations on dollar amounts for small business grants as well as how many employees constitutesa small business for eligibility purposes. This spreadsheet has formulas on the right- hand side to calculate the average of each of the Councilmember’s allocations. These averages are intended as a starting place for Council discussion on what programs Council would like to fund with the CRF dollars. There are still some gray areas in the guidance surrounding how money may be expended, including changing guidance on providing small business grants.For example, initial guidance suggested that any grant had to be reimbursement based, meaning that the small business had to have already incurred the expense. Recent guidance has suggested that “cash” grants may be possible, provided that the small business meets all eligibility requirements.Staff is in 34 Page of contact with our contract manager at the Department of Commerce as well as conducting research into the CARES Act and guidance released by the Treasury. The City would want to structure any application process for small business grants carefully in order to verify that eligibility criteria for the expenses are in line with our grant contract. This is critical because any expense that is determined as anineligible expense,must either be repaid (if we’ve received CARES funds) or will not be reimbursed from CARES funds, meaning it will come from the City’s general fund. OPTIONS :Discussion regarding the allocation of CRF funds to various programs/projects. RECOMMENDED ACTION OR MOTIONS: Council consensusonallocation of CRF funds to various programs. BUDGET/FINANCIAL IMPACTS :The City has been awarded $2,901,600 in CRF funds through the CARES Act that were passed down through Washington State. This grant is able to be used on a reimbursement basis to address the impacts of the COVID-19 pandemic in the City. The grant may not be used for expenditures already includedin the City’s 2020 Budget. STAFF CONTACT :Chelsie Taylor, Finance Director, and Erik Lamb, Deputy City Attorney ___________________________________________________________________________ ATTACHMENTS : CRF Allocation Spreadsheet CRF Program Guidelines Coronavirus Relief Fund Frequently Asked Questions –July8, 2020 Business Size by Employee Count within the City 44 Page of DRAFT ADVANCE AGENDA as of July 9, 2020; 8:30 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings July 21, 2020, Study Session, 6:00 p.m. \[due Tue July 14\] 1. Advance Agenda (5 minutes) July 28, 2020, Formal Meeting Format, 6:00 p.m. \[due Tue July 21\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Resolution Setting Street Vacation STV-2020-0001 Connor Lange (5 minutes) 3. Resolution Declaring Horse Arena Property Surplus Cary Driskell (10 minutes) 4. Motion Consideration: Council Goals & Priorities for Use of Lodging Taxes Chelsie Taylor (10 minutes) 5. Admin Report: Tourism Promotion Area Interlocal Agreement Erik Lamb (10 minutes) 6. Admin Report: Advance Agenda Mayor Wick (5 minutes) *estimated meeting: 45 mins\] 7. Info Only: Department Monthly Reports \[ August 4, 2020, Special Meeting: Budget Workshop 8:30 a.m. 2:30 p.m. \[due Tue July 28\] August 4, 2020, Study Session, 6:00 p.m. - Cancelled August 11, 2020, Formal Meeting Format, 6:00 p.m. \[due Tue Aug 4\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Admin Report: Code Text Amendment (CTA-2020-0001) Mike Basinger, Erik Lamb (10 minutes) 3. Admin Report: Comprehensive Plan Amendments Mike Basinger (10 minutes) 4. Admin Report: Advance Agenda Mayor Wick (5 minutes) August 18, 2020, Study Session, 6:00 p.m. \[due Tue Aug 11\] 1. Council 2021 Budget Goals Chelsie Taylor (20 minutes) 2. Advance Agenda Mayor Wick (5 minutes) August 25, 2020, Formal Meeting Format, 6:00 p.m. \[due Tue Aug 18\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. First Reading Ordinance Code Text Amendment (CTA-2020-0001) Mike Basinger, E. Lamb (10 minutes) 3. First Reading Ordinance Comprehensive Plan Amendments Mike Basinger (10 minutes) 4. First Reading Ordinance Comprehensive Plan Map Amendment Mike Basinger (5 minutes) 5. Admin Report: Advance Agenda Mayor Wick (5 minutes) *estimated meeting: 35 mins\] 6. Info Only: Department Monthly Reports \[ Sept 1, 2020, Study Session, 6:00 p.m. \[due Tue Aug 25\] 1. Advance Agenda Mayor Wick (5 minutes) Sept 8, 2020, Formal Meeting Format, 6:00 p.m. \[due Tue Sept 1\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Second Reading Ordinance Code Text Amendment (CTA-2020-0001) Mike Basinger, E. Lamb (10 min) 3. Second Reading Ordinance Comprehensive Plan Amendments Mike Basinger (10 minutes) 4. Second Reading Ordinance Comprehensive Plan Map Amendment Mike Basinger (10 minutes) 5. Admin Report: Estimated Revenues & Expenditures, 2021 Budget Chelsie Taylor (15 minutes) 6. Admin Report: Advance Agenda Mayor Wick (5 minutes) Sept 15, 2020, Study Session, 6:00 p.m. \[due Tue Sept 8\] 1. Outside Agency Presentation (max 5 minutes each) Chelsie Taylor (~ 60 mins) 2. Advance Agenda Mayor Wick (5 minutes) Draft Advance Agenda 7/9/2020 8:35:20 AM Page 1 of 2 Sept 22, 2020, Formal Meeting Format, 6:00 p.m. \[due Tue Sept 15\] 1. Public Hearing #1 2021Budget Revenues and Property Taxes Chelsie Taylor (15 minutes) 2. Consent Agenda (claims, payroll, minutes) (5 minutes) 3. Motion Consideration: Set 2021 Budget Hearing #2 for Oct 27 Chelsie Taylor (5 minutes) 4. Admin Report: Washington State Dept. of Trans Land Acquisition, Flora Road C. Driskell (10 minutes) 5. Admin Report: Advance Agenda Mayor Wick (5 minutes) *estimated meeting: 40 mins\] 6. Info Only: Department Monthly Reports \[ Sept 29, 2020, Study Session, 6:00 p.m. \[due Tue Sept 22\] 1. Proposed Ordinance Adopting 2021 Property Taxes Chelsie Taylor (10 minutes) 2. Advance Agenda Mayor Wick (5 minutes) Oct 6, 2020, Study Session, 6:00 p.m. \[due Tue Sept 29\] 1. Admin Report: City Manager Presents 2021 Preliminary Budget Mark Calhoun (60 minutes) 2. Advance Agenda Mayor Wick (5 minutes) Oct 13, 2020, Formal Meeting Format, 6:00 p.m. \[due Tue Oct 6\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Admin Report: Advance Agenda Mayor Wick (5 minutes) Oct 20, 2020, Study Session, 6:00 p.m. \[due Tue Oct 13\] 1. Advance Agenda Mayor Wick (5 minutes) Oct 27, 2020, Formal Meeting Format, 6:00 p.m. \[due Tue Oct 20\] 1. Public Hearing #2 2021 Budget Chelsie Taylor (15 minutes) 2. Consent Agenda (claims, payroll, minutes) (5 minutes) 3. First Reading Property Tax Ordinance Chelsie Taylor (10 minutes) 4. Admin Report: 2020 Budget Amendment Chelsie Taylor (10 minutes) 5. Admin Report: Advance Agenda Mayor Wick (5 minutes) *estimated meeting: 45 mins\] 6. Info Only: Department Monthly Reports \[ Nov 3, 2020, Study Session, 6:00 p.m. \[due Tue Oct 27\] Nov 10, 2020, Formal Meeting Format, 6:00 p.m. \[due Tue Nov 3\] 1. Public Hearing: 2020 Budget Amendment Chelsie Taylor (10 minutes) 2. Consent Agenda (claims, payroll, minutes) (5 minutes) 3. Second Reading Property Tax Ordinance Chelsie Taylor (10 minutes) 4. First Reading Ordinance 2020 Budget Amendment Chelsie Taylor (10 minutes) 5. First Reading Ordinance Adopting 2021 Budget Chelsie Taylor (10 minutes) 6. Motion Consideration: Allocation of Outside Agency Grants Chelsie Taylor (15 minutes) 7. Admin Report: Advance Agenda Mayor Wick (5 minutes) *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appleway Trail Amenities Naming City Facilities Protocol Arts Council Sculpture Presentations Park Lighting Art Sculptures Placements PFD Presentation Artwork & Metal Boxes SPEC Report/Update Comp Plan Amendments St. Illumination (owners, cost, location) Core Beliefs Resolution St. O&M Pavement Preservation COVID Impacts, Hospitals Tourism Venues (12/8/2020) Donation Recognition TPA Interlocal Agreement Fee Resolution Cost of Service Analysis Trunk or Treat Flashing Beacons/School Signage Utility Facilities in ROW Health District Stats Water Districts & Green Space Mirabeau Park Forestry Mgmt. Way Finding Signs Draft Advance Agenda 7/9/2020 8:35:20 AM Page 2 of 2