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2021, 04-27 Formal MeetingAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT Tuesday, April 27, 2021 6:00 p.m. Remotely via ZOOM Meeting 10210 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: In response to Governor Inslee's March 24, 2020 Proclamation concerning the COVID-19 Emergency, which waives and suspends the requirement to hold in -person meetings and provides options for the public to attend remotely, physical public attendance at Spokane Valley Council meetings are suspended until the Governor's order has been rescinded or amended. Therefore, until further notice, a live feed of the meeting will be available on our website and on Comcast channel 14. Public comments will only be accepted for those items noted on the agenda as "public comment opportunity," will be accepted via the following links, and must be received by 4:00 pm the day of the meeting. • Sign up to Provide Oral Public Comment at the Meeting via Calling -In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD, LIAISON SUMMARY REPORTS MAYOR'S REPORT PROCLAMATION GENERAL PUBLIC COMMENT OPPORTUNITY 111: Use the link above to sign up for oral public comments and indicate if you want to speak at General Public Comment Opportunity [1] or [2]. Citizens may only speak at one or the other, but not both. If there is no indication of which comment opportunity, you will be placed in the first. The link will guide you to directions to sign up for oral public comments. This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep the remarks civil. Remarks will be limited to three minutes per person. NEW BUSINESS: 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 April 27, 2021, Request for Council Action Form: $889,341.29 b. Approval of Payroll for Pay Period Ending April 15, 2021: $402,622.79 c. Approval of April 6, 2021 Council meeting minutes, study session d. Approval of April 13, 2021 Council meeting minutes, formal format 2. Motion Consideration: Potential Grant Opportunity, Spokane Transit Authority — Adam Jackson [public comment opportunity] Council Agenda April 27, 2021 Page 1 of 2 GENERAL PUBLIC COMMENT OPPORTUNITY 121: Use the link above to sign up for oral public comments and indicate if you want to speak at General Public Comment Opportunity [1] or [2]. Citizens may only speak at one or the other, but not both. If there is no indication of which comment opportunity, you will be placed in the first. The link will guide you to directions to sign up for oral public comments. This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep the remarks civil. Remarks will be limited to three minutes per person. ADMINISTRATIVE REPORTS: 3. Spokane Regional Law & Justice Committee Update — Cary Driskell, Sheriff Knezovich 4. Title 24 Code Text Amendment (CTA 2020-0004) — Jenny Nickerson 5. Energy Code Update — Jenny Nickerson 6. Law Enforcement Contract Amendment — Morgan Koudelka, Police Chief Ellis 7. Sullivan Park Waterline Project — Bill Helbig 8. Advance Agenda — Mayor Wick INFORMATION ONLY (will not be reported or discussed): 9. Department Reports CITY MANAGER COMMENTS 10. EXECUTIVE SESSION: [RCW 42.30.110(1)(i] Pending Litigation ADJOURNMENT Council Agenda April 27, 2021 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 27, 2021 Department Director Approval: i1 Check all that apply: consent ❑ old business ❑ new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST 4/06/2021 4/07/2021 4/08/2021 4/13/2021 4/14/2021 4/15/2021 4/16/2021 4/09/2021 VOUCHER NUMBERS 53361-53392 53393-53413 53414 53415-53445 53446-53452 (-53446) 53453-53459 53460-53474 7417-18, 7476-77, 7480, 7482, 7488-91, 7493-94, 7500-04 GRAND TOTAL: TOTAL AMOUNT 167,154.30 40,724.71 1,784.82 138,130.32 14,271.06 7,450.48 80,841.72 438,983.88 $889,34L29 Explanation of Fund #O01- General Fund 001.011.000.511. City Council 001.013.000.513. City Manager 001.013.015.515. Legal 001.016.000. Public Safety 001.018.013.513. Deputy City Manager 001.018.014.514. Finance 001.018.016.518. Human Resources 001.040.041. Engineering 001.040.042. Economic Development 001.040.043. Building 001.076.000.576. Parks & Rec—Administration 001.076.300.576. Parks & Rec-Maintenance 001.076.301.571. Parks & Rec-Recreation 001.076.302.576. Parks & Rec- Aquatics 001.076.304.575. Parks & Rec- Senior Center 001.076.305.571. Parks & Rec-CenterPlace 001.090.000.511. General Gov't- Council related 001.090.000.514. General Gov't -Finance related 001.090.000.517. General Gov't -Employee supply 001.090.000.518. General Gov't- Centralized Serv. 001.090.000.519. General Gov't -Other Services 001.090.000.540. General Gov't -Transportation 001.090.000.550. General Gov't -Natural & Eco. 001.090.000.560. General Gov't -Social Services 001.090.000.595. General Gov't -Pavement Preser. Numbers found on Voucher Lists 001.090.000.594 General Gov't -Capital Outlay Other Funds: 101 — Street Fund 103 — Paths & Trails 105 — Hotel/Motel Tax 106 — Solid Waste 107 —PEG Fund 108 — Affordable & Supplemental Housing Sales Tax 120 — CenterPlace Operating Reserve 121 — Service Level Stabilization Reserve 122 — Winter Weather Reserve 204 —Debt Service 301 — REET 1 Capital Projects 302 —REET 2 Capital Projects 303 — Street Capital Projects 309 — Parks Capital Grants 310 ---- Civic Bldg. Capital Projects 311 — Pavement Preservation 312 — Capital Reserve 314 — Railroad Grade Separation Projects 402 — Stormwater Management 403 — Aquifer Protection Area 501 — Equipment Rental & RepIacement 502 — Risk Management RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Voucher Lists vchlist 04/06/2021 2:10:27PM Voucher List Spokane Valley Page: 1 Bank code : apbank Voucher Date Vendor Invoice FundlDept 53361 4/6/2021 002603 B&H PHOTO VIDEO 53362 4/6/2021 003229 BARGREEN ELLINGSON 53363 4/6/2021 000918 BLUE RIBBON LINEN SUPPLY INC 53364 4/6/2021 004813 FIRST CHOICE COFFEE SERVICES 53365 4/6/2021 001944 LANCER LTD 53366 4/6/2021 001860 PLATT ELECTRIC SUPPLY 53367 4/6/2021 002592 PURE FILTRATION PRODUCTS 53368 4/6/2021 007741 REFRIGERATION SUPPLIES DIST 53369 4/6/2021 000709 SENSKE LAWN & TREE CARE INC. 53370 4/6/2021 003231 SHERWIN WILLIAMS COMPANY 53371 4/6/2021 000652 OFFICE DEPOT INC. 186279581 001.076.305.575 009764719 009777642 S0261127 802104 0479682 1J71514 66125 16266509-00 10623913 1131-8 1132-6 8935-3 164810846001 164811109001 164889838001 164892156001 001.076.305.575 001.076.305,575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.300.576 001.076.305.575 001.076.305.575 001.076.305.575 001.040.041.543 001.040.041.543 001.040.041.543 001.040.041,543 Description/Account Arnount PAAMP/TUNER/CD PLAYER FOR CP LC 564.79 Total: 564.79 BROILER GRATE - EVENTS AT CENTEF BROILER GRATE - EVENTS AT CENTEF Total: LINEN SERVICE AND SUPPLY AT CENT Total: COFFEE SUPPLIES FOR CENTERPLAC Total: Total: Total: Total : Total: Total : RACK CARD SUPPLIES FOR CENTERPLACE SUPPLIES FOR CENTERPLACE SUPPLIES: CENTERPLACE 895 CONTRACT MAINTENANCE SUPPLIES FOR PARKS SUPPLIES FOR PARKS SUPPLIES FOR PARKS OFFICE SUPPLIES — OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES Total : 261.36 87.12 348.48 188.44 188,44 138.38 138.38 118.71 118.71 192.19 192.19 98.55 98.55 100.06 100.06 64,898.17 64,898.17 258.53 22.20 131.77 412.50 35.74 11.09 34.35 4.89 Page: 1 vchfist 04/06/2021 2:10:27PM Voucher List Spokane Valley Page: 2 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 53371 4/6/2021 000652 000652 OFFICE DEPOT INC. 53372 4/6/2021 008044 ECO-COUNTER INC 53373 4/6/2021 000277 AWC 53374 4/6/2021 003337 ARROW CONSTRUCTION SUPPLY INC 53375 4/6/2021 001880 CROWN WEST REALTY LLC 53376 4/6/2021 003255 DAY WIRELESS SYSTEMS 53377 4/6/2021 008024 FEENAUGHTY MACHINERY COMPANY 53378 4/6/2021 005474 FREIGHTLINER NORTHWEST 53379 4/6/2021 007947 INTERSTATE BATTERIES OF E WASH 53380 4/6/2021 007881 LIVELYS FIRE EXTINGUISHER SERV 53381 4/6/2021 002203 NAPA AUTO PARTS (Continued) 120183 86661 295759 00000030 INV670599 P51143 PC001507404:02 PC001509568:01 PC001510232:01 20166799 0085 0538-036197 0538-036462 0538-036515 0538-036547 0538-037048 0538-037850 001.040.041.543 001.011.000.511 101.042.000.542 101.042.000.543 101.042.000.543 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 001.040.043.558 101.042.000.542 001.040.043.558 101.042.000.542 101.000.000.542 101.042.000.542 101.000.000.542 001.040.041.558 Description/Account Amount GSM RENEWAL 2021 AWC CITY MEMBERSHIP CRACK SEAL Total: Total: Total : Total : COMMON AREA CHARGES MAINTENA( Total : TOWER RENT PACKAGING & FREIGHT Total : Total : VEHICLE REPAIR & MAINT. SUPPLIES VEHICLE REPAIR & MAINT. SUPPLIES VEHICLE REPAIR & MAINT. SUPPLIES Total : VEHICLE REPAIR & MAINT. SUPPLIES - Total : FIRE EXTINGUISHER SERVICE Total : VEHICLE REPAIR & MAINT. SUPPLIES VEHICLE REPAIR & MAINT. SUPPLIES VEHICLE REPAIR & MAINT. SUPPLIES VEHICLE REPAIR & MAINT SUPPLIES VEHICLE REPAIR & MAINT. SUPPLIES VEHICLE REPAIR & MAINT SUPPLIES- 86.07 1,220.00 1,220.00 68,367.00 68,367.00 15,550.92 15,550.92 994.23 994.23 216.57 216.57 330.48 330.48 1.63 68.39 342.01 412.03 277.59 277.59 60.98 60.98 176.60 61.99 57.48 3.92 10.68 80.44 Page: 2 vchlist Voucher List Page: 3 04/06/2021 2:10:27PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice FundlDept Description/Account Amount 53381 4/6/2021 002203 002203 NAPA AUTO PARTS (Continued) Total : 391.11 53382 4/6/2021 004621 OREILLY AUTOMOTIVE STORES INC 2862-480475 101.000.000.542 VEHICLE REPAIR & MA1NT. SUPPLIES 130.65 Total : 130.65 53383 4/6/2021 000709 SENSKE LAWN & TREE CARE INC. 10623939 101.042.000.542 895 CONTRACT MAINTENANCE 531.43 Total : 531.43 53384 4/6/2021 006822 SNAP -ON INC ARV147388749 101.042.000.542 SMALL TOOLS/MINOR EQUIPMENT 83.85 ARV/47483548 101.042.000.542 SMALLTOOLSIMINOR EQUIPMENT 119.87 Total : 203.72 53385 4/6/2021 004099 SPOKANE VALLEY ACE HARDWARE 28146 101.042.000.542 SUPPLIES 471.21 Total : 471.21 53386 4/6/2021 003318 TACOMA SCREW PRODUCTS INC 24185211 101.042.000.542 VEHICLE REPAIR & MA1NT. SUPPLIES 65.29 Total : 65.29 53387 4/6/2021 007685 VALLEY LANDSCAPE SPOKANE INC 12644 101.000.000.542 SNOW REMOVAL 3,085.28 Total : 3,085.28 53388 4/6/2021 004741 ZUMAR INDUSTRIES INC 35579 101.042.000.542 MEGA MARKERS & BASE PLATES 3,544.15 Total : 3,544.15 53389 4/6/2021 000197 ACRANET 16631 001.018.016.518 EMPLOYEE BACKGROUND CHECKS 107.50 Total: 107.50 53390 4/6/2021 006863 EMPLOYMENT SECURITY DEPT, FAMILY & ME 000-217156-00-2 502.502.000.517 PAID FMLY & MED LEAVE: PAYMENT 1,784.82 Total : 1,784.82 53391 4/6/2021 004850 NAVIA BENEFIT SOLUTIONS, HRA PLAN 10342215 001,018,016.518 FLEX SPENDING ADMINISTRATION 388.00 Total : 388.00 53392 4/6/2021 003013 INLAND NORTHWESTAGC 97724 402.402.000.531 2-DAY CECSLTRAINING -JEREMIAH S 1,875.00 Total : 1,875.00 32 Vouchers for hank code : apbank Bank total : 167,154.30 Page: 3 vchlist Voucher List Page: 1 04/07/2021 11:49:25AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 53393 4/7/2021 004231 BELSBY ENGINEERING 60607 403.000.317.595 0317- APPLEWAY ROWAQUISITIONS 1,650.00 Total : 1,650.00 53394 4/7/2021 000683 DAVID EVANS & ASSOCIATES 484609 303.000.300.595 0300-TRAFFIC ENGINEERING 279.13 Total: 279.13 53395 4/7/2021 003274 EXCHANGE PUBLISHING LLC 597347 309.000.316.594 ADVERTISING 76.63 Total : 76.63 53396 4/7/2021 000854 SPVV LANDSCAPE ARCHITECTS 2036.02 403.000.317.595 317- LANDSCAPE ARCHITECTURAL SE 2,475.00 Total : 2,475.00 53397 4/7/2021 002306 TERRELL LANDSCAPE ARCHITECT, MICHAEL 4266 309.000.315.594 20-233 MTLA BROWNS PARK CIP 315 776.25 Total : 776.25 53398 4/7/2021 000734 DEPT OF TRANSPORTATION RE 46 JG6453 L006 314.000.223.595 CIP 0223 & CIP 0311 DESIGN REVIEW t 2,847.36 Total : 2,847.36 53399 4/7/2021 003274 EXCHANGE PUBLISHING LLC 597348 303.000.310.595 ADVERTISING 75.05 Total: 75.05 53400 4/712021 003238 KPFF CONSULTING ENGINEERS 366243 403.000.308.589 0308-ENG1NEERING &ARCHITECTURE 4,090.32 Total : 4,090.32 53401 4/7/2021 007136 AMAZON CAPITAL SERVICES INC 16WL-XT7T-YGYJ 001.090.000.518 SMALL TOOLS/MINOR EQUIPMENT 36.80 Total: 36.80 53402 4/7/2021 003122 CALHOUN, MARK April 2021 001.013.000.513 MONTHLY AUTO ALLOWANCE FOR 4/2 400.00 Total: 400.00 53403 4/7/2021 000322 CENTURYLINK MARCH-APRIL 2021 001.090.000.518 CITY HALL PHONES 321.50 Total : 321.50 53404 4/7/2021 000326 CONSOLIDATED IRRIGATION #19 Mar 2021 001.076.305.575 UTILITIES: MAR 2021 PARKS & CP 60.50 Total: 60.50 53405 4/7/2021 002604 DELL. FINANCIAL SERVICES LLC 80813638 001.090.000.548 COMPUTER LEASE: 001-8922117-019 52.66 Page: N. Lj vchlist Voucher List Page: 2 04/07/2021 11:49:25AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 53405 4/7/2021 002604 DELL FINANCIAL SERVICES LLC (Continued) 80813825 001.090.000.548 COMPUTER LEASE: 001-8922117-013 986.55 80813826 001.090.000.548 COMPUTER LEASE: 001-8922117-014 142.27 80813827 001.090.000.548 COMPUTER LEASE: 001-8922117-015 176.38 80813828 001.090.000.548 COMPUTER LEASE: 001-8922117-016 409.18 80813829 001.090.000.548 COMPUTER LEASE: 001-8922117-017 487.31 Total: 2,254,35 53406 4/7/2021 002604 DELL FINANCIAL SERVICES LLC 80813819 001.090.000.548 COMPUTER LEASE: 001-8922117-007 139.58 80813820 001.090.000.548 COMPUTER LEASE: 001-8922117-008 658.51 80813821 001.090.000.548 COMPUTER LEASE: 001-8922117-009 368.09 80813822 001.090.000.548 COMPUTER LEASE: 001-8922117-010 187.76 80813823 001.090.000.548 COMPUTER LEASE: 001-8922117-011 806.78 80813824 001.090.000.548 COMPUTER LEASE: 001-8922117-012 266.18 Total : 2,426.90 53407 4/7/2021 000246 EAST SPOKANE WATER DIST #1 53408 4/7/2021 000070 INLAND POWER & LIGHT CO 53409 417/2021 000132 MODERN ELECTRIC WATER CO 53410 4/7/2021 000652 OFFICE DEPOT INC. March 2021 402.402.000.531 WATER CHARGES FOR MARCH 2021 Total : March 2021 101.042.000.542 UTILITIES: PARKS AND CPW MARCH 2 Total: March 2021 March 2021 101.042.000.542 001.076.302.576 UTILITIES: MARCH 2021 CPW UTILITIES: MARCH 2021 PARKS Total 241.78 241.78 449.96 449.96 12,701.26 1,641.52 14,342.78 156036516001 001.018.014.514 OFFICE SUPPLIES: FINANCE 104.74 156042506001 001.018.014.514 OFFICE SUPPLIES: FINANCE 104.74 Total : 209.48 53411 4/7/2021 007730 ROYAL BUSINESS SYSTEMS IN143134 001.040.043.558 MARCH 2021 COPIER COSTS 526.66 Total : 526.66 53412 4/712021 000167 VERA WATER & POWER MARCH 2021 101.042.000.542 UTILITIES: MARCH 2021 4,565.19 Total : 4,565.19 53413 4/7/2021 000087 VERIZON WIRELESS 9875791145 001.076.302.576 MARCH 2021 CELL PHONE/DEVICE CH 2,619.07 Page: �2. vchlist Voucher List Page: 3 04/07/2021 11:49:25AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice FundlDept Description/Account Amount 53413 4/7/2021 000087 000087 VERIZON WIRELESS (Continued) Total : 2,619.07 21 Vouchers for bank code : apbank Bank total : 40,724.71 21 Vouchers in this report Total vouchers : 40,724.71 1, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the rabor performed as described herein and that the ctaim is just, due and en unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Page: -^- vchlist Voucher List Page: 1 04/08/2021 8:52:47AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 53414 4/8/2021 000746 EMPLOYMENT SECURITY DEPT 000-217156-00-2 502.502.000.517 FEB 2021 UI TAX 1,784.82 Total: 1 Vouchers for bank code : apbank Bank total : 1 Vouchers in this report Total vouchers : 1, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date 1,784.62 1,784.62 1,784.82 Page: vchlist Voucher List Page: 1 04/13/2021 3:04:57PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Des criptionlAccount Amount 53415 4/13/2021 000277 AWC 87368 001.018.016.518 2021 DRUG & ALCOHOL CONSORTIUM 970.00 Total : 970.00 53416 4/13/2021 003775 AM HARDWARE 46619 001.033.000.518 SUPPLIES FOR CITY HALL— 174.24 Total : 174.24 53417 4/13/2021 007136 AMAZON CAPITAL SERVICES INC 1PFJ-9NTP-34QC 001.033.000.518 SMALL TOOLS/MINOR EQUIPMENT 23.60 Total : 23.60 53418 4113/2021 002594 ARC ELECTRIC & LIGHTING CORP 21000 001.033.000.518 SERVICE: BREAKER TRIPP/N 196.02 Total : 196.02 53419 4/13/2021 000823 DEPT OF LABOR & INDUSTRIES 275749 001.033.000.518 PENALTY INVOICE 114.10 Total : 114.10 53420 4/13/2021 007673 DIBBLE ENGINEERS INC 30890 001.000.322.518 CITY HALL STRUCTURAL REVIEW 2,800.35 Total : 2,800.35 53421 4/13/2021 002157 ELJAY OIL COMPANY 0897604 001.033.000.518 FUEL 569.56 Total: 569.56 53422 4/13/2021 007871 EMPIRE SPRAY SERVICE INC 535 001.033.000.518 SPRING SPRAY SERVICES 598.95 SM040102 001.016.016.521 SPRING SPRAY SERVICES 223.25 Total : 822.20 53423 4/13/2021 008029 MCKINSTRY CO LLC 10141061 001.000.322.518 HVAC REPAIRS 17,272.45 Total: 17,272.45 53424 4/13/2021 007159 THE HOME DEPOT PRO 606771053 001.033.000.518 SUPPLIES FOR CITY HALL 85.07 Total : 85.07 53425 4/13/2021 000711 WMCA TREASURER 03751 001.013.000.513 C KOUDELKA: MAY 2021-MAY 2022 75.00 03753 001.013.000.513 C BAINBRIDGE: MAY 2021-MAY 2022 75.00 Total : 150.00 53426 4/13/2021 001253 GORDON THOMAS HONEYWELL March 2021 1042 001.011.000.511 GOVERNMENTALAFFAIRS SERVICES 5,150.00 Page: vchlist Voucher List Page: 2 0411312021 3:04:57PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice 53426 4/13/2021 001253 001253 GORDON THOMAS HONEYWELL (Continued) 53427 4/13/2021 000065 STAPLES ADVANTAGE 3474056503 3474056507 3474056509 3474056510 3474056511 3474056512 53428 4/1312021 004740 THOMSON REUTERS-WEST 843780278 844103862 Fund/Dept 001.013.000.513 001.013.000.565 001.013.000.565 001.013.000.565 001.013.000.565 001.013.000.565 001.013.015.515 001,013,015.515 Description/Account Amount OFFICE SUPPLIES — OFFICE SUPPLIES — OFFICE SUPPLIES — OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES Total : 5,150.00 Total: WEST INFORMATION CHARGES WEST INFORMATION CHARGES Total : 86.55 91.65 13.18 20.46 9.98 154.63 376.45 855.19 855.20 1,710.39 53429 4/13/2021 000038 WASTE MANAGEMENT OF SPOKANE 0073725-1518-4 402.402.000.531 WASTE MGMT: VACTORING WASTE M! 7,285.17 Total : 7,285.17 53430 4/13/2021 006328 KREM-TV 03-2021 SUMMARY BILL 001.040.042.558 ADVERTISING 4,750.00 Total : 4,750.00 53431 4/13/2021 007941 THE WATERSHED COMPANY 2021-0497 001.040.324.558 0324 SMP REVIEW 5,047.50 Total : 5,047.50 53432 4/13/2021 000734 DEPT OF TRANSPORTATION RE-313-ATB10315045 101.042.000.542 REIMBURSE TRAFFIC SVCS 2209.89 RE-313-ATB10315053 101.000.000.542 REIMBURSE SNOW & ICE/TRAFFIC SV 32,591.03 Total : 34,800.92 53433 4/13/2021 000001 SPOKANE CO TREASURER 110100298 101.042.000.542 SPOKANE COUNTY SERVICES 43,736.17 Total : 43,736.17 53434 4/13/2021 007136 AMAZON CAPITAL SERVICES INC 1MT4-GN9V-43JY 001.076.305.575 OFFICE SUPPLIES 20.57 1MT4-GN9V-6L39 001.076.305.575 OFFICE SUPPLIES 100.37 Total : 120.94 53435 4/13/2021 007718 APPLETREE 000020-689-511 001.076.305.575 ANSWERING SERVICE FOR CENTERP 97.98 Total: 97.98 53436 4/13/2021 000795 EARTHWORKS RECYCLING INC. 366105 001.076.305.575 RECYCLING COLLECTION AT CENTER 10.00 Page: vchlist Voucher List Page: 3 04/1312021 3:04:57PNI Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 53436 4/13/2021 000795 000795 EARTHWORKS RECYCLING INC. (Continued) Total : 10.00 53437 4/13/2021 004152 EVENT RENTS, LLC 47163-7 001.076.305.575 LINEN RENTALS FOR CENTERPLACE E 89.07 Total : 89.07 53438 4/1312021 001983 GLOBAL EQUIP COMPANY 117450685 001.076.305.575 WASTE RECEPTACLES FOR OUTSIDE 1,381.44 Total: 1,381.44 53439 4/13/2021 001635 ISS FACILITY EVENT SERVICES 1528421 001.076.305.575 MARCH 2021 MONTHLY CLEANING AT 8,085.09 Total : 8,086.09 53440 4/13/2021 001944 LANCER LTD 0479706 001.076.305.575 REUSABLE BAGS FOR MARKETING 1,715.85 Total : 1,715.85 53441 4/13/2021 000652 OFFICE DEPOT INC. 163455667001 001.076.305.575 OFFICE SUPPLIES 58.39 163534991001 001.076.000.576 OFFICE SUPPLIES 49.45 163534999001 001.076.305.575 OFFICE SUPPLIES 8.54 Total: 116.38 53442 4/13/2021 001860 PLATT ELECTRIC SUPPLY 1K32293 001.076.305.575 SUPPLIES FOR CENTERPLACE 96.13 Total : 96.13 53443 4/13/2021 000415 ROSAUERS FOOD & DRUG CENTER 01-2405391 001.076.305.575 SUPPLIES FOR CENTERPLACE 31.55 Total : 31.55 53444 4/13/2021 000709 SENSKE LAWN & TREE CARE INC. 10628962 001.076.300.576 TREE/SHRUB REMOVAL 326.70 Total : 326.70 53445 4/13/2021 007120 TSHIMAKAIN CREEK LABORATORY 2108961 001.076.300.576 ENVIRONMENTAL TESTING AT PARKS 25.00 Total : 25.00 31 Vouchers for bank code : apbank Bank total : 138,130.32 31 Vouchers in this report Total vouchers : 138,130.32 Page: /0 vchlist Voucher List Page: 1 04/14/2021 11:19:38AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 5,3446 411 202121 CIP 0143 311.000.143.505 C4' 0113: TEMPORARY CROSSING PEI 60040 Check voided at request of CIP Admin. Vendor requires payment with credit card via online portal . KWhite 411512021 Total : 53447 4/14/2021 001877 DOBBINS, CHRIS EXPENSES 001.076.305.575 EXPENSE REIMBURSEMENT 800.00 217.78 Total : 217.78 53448 4/14/2021 003297 HIGGINS, LEWIS ROD EXPENSES 001.011.000.511 EXPENSE REIMBURSEMENT 15,79 Total : 15.79 53449 4/14/2021 005931 LOCHMILLER, ROBERT EXPENSES 001.040.041.543 EXPENSE REIMBURSEMENT 134.01 Total : 134.01 53450 4/14/2021 008045 TAYLORD SYSTEMS LLC 210401JR-1 101.042.000.594 STORAGE CONTAINER 8,865.40 Total : 8,865.40 53451 4/14/2021 000780 UNION PACIFIC RR CO Folder 03263-92 303.000.313.595 C1P 0313: WIRELINE CROSSING AGREI 5,000.00 Total : 5,000.00 53452 4/14/2021 002651 WOODARD,ARNE EXPENSES 001.011.000.511 EXPENSE REIMBURSEMENT 17.92 EXPENSES 001.011.000.511 EXPENSE REIMBURSEMENT 20.16 Total : 38.08 7 Vouchers for bank code : apbank Bank total : 15,071.06 7 Vouchers in this report Total vouchers : 15,071.06 14,271.06 Page: 11 vchlist Voucher List Page: 1 04/15/2021 1:17:10PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 53453 4/15/2021 001169 CITY OF SPOKANE VALLEY FEB 2021 001.040.043.558 PETTY CASH: 19847 0.50 JAN 2021 001.040.093.558 PETTY CASH: 19845, 19846 1.50 MAR 2021 001.040.043.558 PETTY CASH: 19848, 19849 1.25 Total: 3.25 53454 4/15/2021 000278 DRISKELL, CARY EXPENSES 001.013.015.515 EXPENSE REIMBURSEMENT 37.20 Total : 37.20 53455 4/15/2021 007498 FOSTER, AZIZA EXPENSES 401.013.015.515 EXPENSE REIMBURSEMENT 22.90 Total : 22.90 53456 4/15/2021 008051 IMPERIAL BUILDING BLD-2021-0856 001.040.043.322 PERMIT REFUND: BLD-2021-0856 212.10 Total : 212.10 53457 4/15/2021 008052 KNIGHT, JOHN BLD-2021-1044 001.040.043.322 PERMIT REFUND: BLD-2021-1044 166.56 Total: 166.56 53458 4/15/2021 007133 PRUNTY, CAITLIN EXPENSES 001.013.015.515 EXPENSE REIMBURSEMENT 33.60 Total: 33.60 53459 4/15/2021 000001 SPOKANE CO TREASURER 14801670 001.090.000.566 1ST QTR 2020 LIQUOR/EXCISE TAX 6,974.87 Total : 6,974.87 7 Vouchers for bank code : apbank Bank total : 7,450.48 7 Vouchers in this report Total vouchers : 7,450.48 Page: vchlist Voucher List Page: 1 04/16/2021 11:14:39AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description(Account Amount 53460 4/16/2021 000030 AVISTA March 2021 001.076.302.576 UTILITIES: PARK MASTER AVISTA MAR 6,867.45 March 2021 101.042.000.542 UTILITIES: CPW MASTER AVISTA MARC 25,497.24 Total : 32,364.69 53461 4/16/2021 002326 BATTERIES PLUS BULBS P38432063 001.090.000.518 SMALLTOOLS/MINOR EQUIPMENT 95.61 Total : 95.61 53462 4/16/2021 004735 CITIES DIGITAL INC 51314 001.090.000.518 LASERFICHE WORKFLOW+ADVANCE 259.58 Total : 259.58 53463 4/16/2021 000508 CONOCOPHILLIPS FLEET 70996301 001.040.043.558 MARCH 2021 FLEET FUEL BILL 1,183.41 Total : 1,183.41 53464 4/16/2021 000002 H & H BUSINESS SYSTEMS INC. AR189328 001.011.000.511 COPIER COSTS: WEST WING/COUNCIL 117.66 AR189329 001.018.014.514 COPIER COSTS: IT 5.75 AR189330 001.018.016.518 COPIER COSTS: HR 41.04 AR189331 001.013.000.513 COPIER COSTS: OPS/ADM1N 116.77 AR189332 001.013.015.515 COPIER COSTS: LEGAL 153.04 AR189333 001.040.043.558 COPIER COSTS: PERMITCTR 46.78 AR189334 001.040.041.543 COPIER COSTS: ENGINEERING 348.65 AR189335 402.402.000.531 COPIER COSTS: MAINTENANCE SHOF 12.78 AR189336 001.076.000.576 COPIER COSTS: PARKS 157.41 Total: 999.88 53465 4/16/2021 000388 IRVIN WATER DIST. #6 March 2021 001.076.300.576 UTILITIES: PARKS AND CPW MARCH 2. 209.74 Total : 209.74 53466 4/16/2021 007157 MASTERGRAPHICS AEC, LLC 008494 001.040.043.558 NEW BLUEBEAM SUBSCRIPTION 679.36 Total : 679.36 53467 4/16/2021 001035 NDM TECHNOLOGIES INC 30436 001.090.000.518 WATCHGUARD LIVESECURITY FOR T.•• 126.11 Total : 126.11 53468 4/16/2021 008032 PDQ.COM CORPORATION 0548XUG 001.090.000.518 PDQ DEPLOY AND INVENTORY 2,940.30 Total : 2,940.30 53469 4/16/2021 002193 QSCEND TECHNOLOGIES INC INV210032 001.076.305.575 SOFTWARE MAINTENANCE 250.00 Page: V !3 vchlist 04/1612021 11:14:39AM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept 53469 4/16/2021 002193 002193 ASCEND TECHNOLOGIES INC 53470 4/16/2021 004535 SHRED -IT USA LLC 53471 4/16/2021 000405 SPOKANE VALLEY PARTNERS 53472 4/16/2021 000202 SRCAA 53473 4116/2021 000065 STAPLES ADVANTAGE 53474 4116/2021 001885 ZAYO GROUP LLC 15 Vouchers for bank code : apbank 15 Vouchers in this report (Continued) 8181753238 2021 #3 16305 3474056516 3474056521 3474056523 3474056524 3474056526 3474056529 2021040003578 2021040005522 2021040025710 Description/Account Amount 001.090.000.518 001.090.000.560 001.090.000.553 001.090.000.519 001.090.000.519 001.090.000.519 001.090.000.519 001.090.000.519 001.090.000.519 001.090.000.518 001.090.000.518 001.090.000.518 DOCUMENT DESTRUCTION Total: 250.00 Total : 2021 SOC SER/ECO DEV GRANT REIM Total : 2ND QTR 2021 ASSESSMENT KITCHEN SUPPLIES KITCHEN SUPPLIES KITCHEN SUPPLIES KITCHEN SUPPLIES KITCHEN SUPPLIES KITCHEN SUPPLIES INTERNET SERVICES INTERNET INTERNET SERVICES Total : Total : Total : Bank total : Total vouchers : 171.00 171.00 2,331.60 2,331.60 37,707.50 37,707.50 132.06 16.14 6.28 23.42 25,85 157.94 361.69 287.22 626.70 247.33 1,161.25 80,841.72 80,841.72 vchlist Voucher List Page: 1 04/09/2021 9:45:32AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 7417 4/5/2021 006863 EMPLOYMENT SECURITY DEPT, FAMILY & ME Ben98743 001.231.22.00 PA1D FMLY & MED LEAVE: PAYMENT 7,970.20 Total: 7,970.20 7418 4/5/2021 000164 LABOR & INDUSTRIES Ben98745 001.231.17.00 LABOR & INDUSTRIES: PAYMENT 24,290.55 Total : 24,290.55 7476 4/5/2021 000120 AWC Ben98747 001.231.16.00 DENTAL PLAN: PAYMENT 156,801.00 Total : 156,801.00 7477 4/5/2021 000165 DEPT OF RETIREMENT SYSTEMS Ben98749 314.231.15.00 PERS: PAYMENT 136,053.04 Total: 136,053.04 7480 4/5/2021 000699 WACOUNCIL CO/C1TY EMPLOYEES Ben98751 001.231.21.00 UNION DUES: PAYMENT 2,868.70 Total : 2,868.70 7482 4/5/2021 007657 WA STATE SUPPORT REGISTRY Ben98753 101.231.20.00 DIVISION OF CHILD SUPPORT PAYMEI 458.00 Total : 458.00 7488 4/5/2021 000048 VANTAGE TRANSFER AGENTS, 401A PLAN Ben98755 001.231.14.00 401A: PAYMENT 40,494.14 Total : 40,494.14 7489 4/5/2021 000682 EFTPS Ben98757 101.231.12.00 FEDERAL TAXES: PAYMENT 42,322.20 Total : 42,322.20 7490 4/5/2021 007303 VANTAGEPOINT TRANSFER AGENTS, 457 RO Ben98759 001.231.23.00 457 ROTH OPTION; PAYMENT 3,100.86 Total : 3,100.86 7491 4/5/2021 000145 VANTAGEPOINT TRANSFER AGENTS, 457 PL./ Ben98761 402.231.18.00 457 DEFERRED COMPENSATION: PAYI 9,308.53 Total : 9,308.53 7493 4/5/2021 000162 VANTAGE TRANSFER AGENTS, 401A EXEC PL Ben98763 001.231.14.00 401 EXEC PLAN: PAYMENT 703.31 Total : 703.31 7494 4/5/2021 006345 1DAHD CHILD SUPPORT RECEIPTING Ben98765 001.231.20.00 IDAHO CHILD SUPPORT RECEIPTING: 81.67 Total: 81.67 7500 4/5/2021 000120 AWC Ben98770 001.231.16.00 DENTAL PLAN (COUNCIL): PAYMENT 11,874.32 Page: /3 vchlist Voucher List Page: 2 04/09/2021 9:45:32AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 7500 4/5/2021 000120 000120 AWC (Continued) Total : 11,874.32 7501 4/5/2021 000164 LABOR & INDUSTRIES Ben98772 001.231.17.00 LABOR & INDUSTRIES: PAYMENT 260.24 Total : 260.24 7502 4/5/2021 000682 EFTPS Ben98774 001.231.11.00 FEDERAL TAXES: PAYMENT 2,061.35 Total : 2,061.35 7503 4/5/2021 006863 EMPLOYMENT SECURITY DEPT, FAMILY & ME Ben98776 001.231.22.00 PAID FMLY & MED LEAVE: PAYMENT 40.45 Total : 40.45 7504 4/5/2021 000165 DEPT OF RETIREMENT SYSTEMS Ben98778 001.231.15.00 PERS ELECTED OFFICIAL: PAYMENT 295.32 Total : 295.32 17 Vouchers for bank code : apbank Bank total : 438,983.88 17 Vouchers in this report Total vouchers : 438,983.88 Page: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 27, 2021 Department Director Approval: 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 April 15, 2021 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: BUDGET/FINANCIAL IMPACTS: Employees Council Total Gross: $ 330,112.65 $ - $ 330,112.65 Benefits: $ 72,510.14 $ - $ 72,510.14 Total payroll $ 402,622.79 $ $ 402,622.79 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 Study Session Meeting Tuesday, April 6, 2021 Mayor Wick called the meeting to order at 6:00 p.m. The meeting was held remotely via Zoom meeting. Attendance: Councilmembers Ben Wick, Mayor Brandi Peetz, Deputy Mayor Pam Haley, Councilmember Tim Hattenburg Councilmember Rod Higgins, Councilmember Linda Thompson, Councilmember Absent: Arne Woodard, Councilmember Staff Mark Calhoun, City Manager John Hohman, Deputy City Manager Erik Lamb, Deputy City Attorney Bill Helbig, City Engineer Dave Ellis, Police Chief Morgan Koudelka, Sr. Admin. Analyst Arielle Anderson, Housing/Homeless Coord. Chad Knodel, IT Manager Christine Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmember Woodard. It was moved by Councilmember Higgins, seconded and unanimously agreed to excuse Councilmember Woodard from tonight's meeting. APPROVAL OF AGENDA: It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the agenda. PROCLAMATION: Mayor Wick read the National Public Health Week proclamation, which was received with thanks from Interim Health Officer Dr. Frank Velazquez. ACTION ITEMS: 1. First Reading Ordinance 21-004 Amending Camping Regulations — Erik Lamb, Morgan Koudelka, Arielle Anderson After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to advance Ordinance No. 21-004, adopting amendments to chapter 7.50 SVMC, to a second reading. After Deputy City Attorney Lamb went over the highlights and background of the proposed changes, he introduced Ms. Anderson, newly hired Homeless and Housing Coordinator. Mr. Lamb noted that a change Council will see in the second reading will be in 7.50.030A which will include clarifying language that the City may remove personal belongings, garbage and other items without advance notice when the items or camp presents a significant risk of harm. Senior Administrative Analyst Koudelka stressed that the intent of these regulations is not to punish those living unsheltered; but this provides a safer environment for everyone and provides the City tools to encourage those camping in public spaces to engage with outreach services to start moving in the direction of existing homelessness. Ms. Anderson mentioned what our homelessness issues look like including the wait time for housing; she also mentioned the criticalness of the Community Management Information System (CMIS) database of service providers and organizations addressing the social service needs of the homeless. Mayor Wick asked if there were any public comments. City Clerk Bainbridge said that one person signed up to speak. Ms. Jennifer Wilcox, Spokane Valley: expressed her support of the motion to bring this ordinance forward to a second reading; said she has worked with nonprofits who work with homelessness issues, and she is encouraged by the City working to ensure the rights of the homeless while protecting other members of the public's rights to safety; said she likes the definitions and the ordinance provides clear guidance, and she expressed thanks for the hard work and time that went into this ordinance. Council Meeting Minutes, Study Session: 04-06-2021 Page 1 of 3 Approved by Council: DRAFT Councilmember Haley asked about enforcement, and Mr. Lamb said if a criminal penalty would be imposed, this would be enforced by the police; said staff is still working on implementing a procedure for the removal of storage items, and that Senske has also helped with garbage removal in parks. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 2. Motion Consideration: Bid Award, Park Road Sidewalk Project — Bill Helbig It was moved by Deputy Mayor Peetz and seconded to award the Park Road Sidewalk Project CIP#0301 construction contract to Wm. Winkler Co. in the amount of $350, 667 and authorize the City Manager to finalize and execute the construction contract pending TIB approval. City Engineer Helbig went over the background of the bid, and that we received three bids with Wm. Winkler submitting the lowest total bid. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 3. Motion Consideration: Potential Grant Opportunity, SRTC Preservation Call for Projects — Bill Helbig It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager or designee to finalize and submit applications to SRTC for the three projects identified in Table 1 [i.e. (1) Broadway Road at I- 90, Fancher to Park; (2) Sprague Avenue, Havana to Fancher; and (3) Evergreen Road, Broadway to Mission]. City Engineer Helbig explained the background of this call for projects, and that the three listed projects meet the grant criteria. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 4. Motion Consideration: Purchase of Police Body Worn Cameras — Chief Ellis, Morgan Koudelka It was moved by Deputy Mayor Peetz and seconded to authorize Spokane County and the Sheriff to purchase body worn cameras for all uniformed Spokane Valley dedicated police officers and bill the City for 40% of all associated Sheriff's Office costs at the time they are incurred. Senior Administrative Analyst Koudelka explained that these body worn cameras would be for all uniformed personnel in County and shared units; and that the Sheriff and Police Chief are asking Council to consider the purchase for officers in Spokane Valley dedicated units; that the Board of County Commissioners prefer that Council authorize the upfront payment of purchase and implementation costs rather than paying for the deprecated costs over the useful life of the equipment; and that if we agree, the County will cover 60% of the costs for the first five years, and our share would be $410,000 for the first year and $318,000 for each subsequent year. Mr. Koudelka noted if Council agrees with this purchase, our finance director would come back with a budget amendment. Police Chief Ellis added that these cameras are good insurance for officers to be able to show and highlight the good work of the officers, and for the public as well. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. NON -ACTION ITEMS: 5. Abandoned Shopping Carts — Erik Lamb Deputy City Attorney Lamb went through his PowerPoint explaining about abandoned shopping carts and that the City has received reports about carts on private property and in City rights -of -way which creates a health and safety issue, and that many carts are filled with trash. He noted our authority to regulate issues such as this; that he researched how other cities are handling this issue; said he would be looking to Council to determine whether to include a fee deferral for a limited number of carts if security measures are implemented; mentioned the outcome of his contact with several local retailers concerning any security measures they might have implemented; went over some other considerations for our City such as fines and/or fees; and said our goal is to have this as a cost neutral process; that we do not have staff resources to pick up carts, but we could issue a Request for Proposal for an independent contractor to handle the removal of the carts. Several Councilmembers mentioned that they favor the idea of fee deferrals and incentives, and Mr. Lamb added that the issue is taking shopping carts illegally and that this is not a problem solely related to homelessness. Councilmember Higgins suggested looking into the idea of a subscription service, where they pay a fee and we pick up the carts. Mr. Lamb also mentioned that if we implement this, it would be city-wide; said he has not talked about who might provide impoundment and pick up services, but wanted to see if Council is interested in pursuing this before he continued with further research. Mayor Council Meeting Minutes, Study Session: 04-06-2021 Page 2 of 3 Approved by Council: DRAFT Wick said he also likes the idea of not having the City involved; and there was Council consensus to move forward. 6. In -person Council Meetings — Mark Calhoun, Erik Lamb City Manager Calhoun began by explaining that he has received some comments about the desire to move back to in -person Council meetings, in that we have not had in -person meetings for over a year. He noted that Deputy City Attorney Lamb and IT Manager Knodel have put some information together about how we might be able to have in -person Council meetings, and that there are several steps to take to accomplish that. Mr. Lamb went over the background leading up to our remote meetings, and of the current Open Public Meetings Act (OPMA) rules; and what it would take to have in -person meetings, all as shown on his Request for Council Action form. Mr. Knodel then discussed the zoom component and how IT might be running the meeting, with a camera view of the full room in chambers instead of individual members; and that we would still be required to conduct a zoom meeting for those who want to join remotely; for in - person meetings, all would be required to correctly wear face coverings which at times makes it difficult to hear over the microphones. There was Council discussion about the pros and cons of in -person meetings; that it would require more staff to sanitize the podium and microphones after each citizen spoke, as well as monitor citizens to ensure masks were worn correctly. Several Councilmember expressed their opinion that they are surprised at the limitations, and feel it is not worth trying to conduct both in -person and remote meetings at his time. There was Council consensus to remain with the status quo of only conducting the remote meetings, until or unless further guidance changes. 7. Advance Agenda — Mayor Wick Mayor Wick mentioned the draft AWC (Association of Washington Cities) letter to legislative budget leaders, which letter was distributed earlier to Councilmembers, and there were no objections to the Mayor signing the letter on behalf of our City. The Spokane Regional Law & Justice Council was also discussed pertaining to the inclusion of community voices, and to learn more about what is happening with this committee. Mr. Calhoun added that we are considered a small city and City Attorney Driskell is the small city representative; said staff will work on an administrative report about the history, mission, and proposal. There was a consensus to add this to the advance agenda. 8. Finance Department Report The Finance Department report was for information only and was not discussed or reported. 9. Council Comments — Mayor Wick Mayor Wick and Council extended congratulations and kudos to several area athletic teams. 10. City Manager Comments — Mark Calhoun City Manager Calhoun reported that we received notice from AWC, which handles our employee benefit trust, that we received a Well City Award for 2021, which recognition also provides us with a 2% discount on health insurance premiums, and he extended thanks to our Human Resources staff who encouraged participation in the programs. A video was then shown of the Barker Road Grade Separation Project. 11. Executive Session: Review the performance of a public employee It was moved by Deputy Mayor Peetz and seconded to adjourn into executive session for approximately sixty minutes to review the performance of a public employee, and that no action will be taken upon return to open session. Council adjourned into executive session at 7:54 p.m. At 9:18 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. ATTEST: Ben Wick, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes, Study Session: 04-06-2021 Page 3 of 3 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Formal Meeting Tuesday, April 13, 2021 Mayor Wick called the meeting to order at 6:00 p.m. The meeting was held in City Hall with Council, staff and the public participating remotely via Zoom meeting. Attendance: Councilmembers Ben Wick, Mayor Brandi Peetz, Deputy Mayor Pam Haley, Councilmember Tim Hattenburg Councilmember Rod Higgins, Councilmember Linda Thompson, Councilmember Arne Woodard, Councilmember Staff Mark Calhoun, City Manager John Hohman, Deputy City Manager Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Dave Ellis, Police Chief John Bottelli, Parks and Recreation Director Chelsie Taylor, Finance Director Morgan Koudelka, Sr. Administrative Analyst Bill Helbig, City Engineer Christine Bainbridge, City Clerk 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. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Haley: mentioned her attendance at the STA (Spokane Transit Authority) Board Operations Committee meeting where they voted to recommend the board purchase some WSDOT (Washington State Department of Transportation) land they didn't need for the North/South Freeway; said she attended the Continuum of Care meeting where it was noted they are having trouble spending their allocation of funds for the rapid re -housing, said people can't find homes and the apartments are full; that Catholic Charities gave up about $200,000 to Volunteers of America because they couldn't spend it on rapid re -housing since they can't find housing; said the eviction moratorium has a lot to do with that as people move out of a rental unit without the knowledge of the landlord so housing might be available but that information isn't known as people remain on a lease even though they are not still physically occupying the apartment or house; mentioned that college students suffer from food insecurity even though the colleges have food and clothing banks and access to food stamps, said the colleges are trying to get the word out but it is more difficult this year since the students are taking on-line classes. Councilmember Higgins: said he viewed the new quarters for the Spokane Clean Air Agency located in the West Plains area, that the new facility is a substantial upgrade from their current location, and that it appears the occupancy date for the new facility is June 1. Councilmember Woodard: no report Councilmember Thompson: spoke of the NLC (National League of Cities) re -imaging public safety task force about how to engage and involve citizens in public safety; said housing is occurring across the nation but some people can't get into that housing as people have vacated without the rental agency's knowledge; said she met with Lutheran Community Services and spoke about domestic violence; said she discovered that a problem is getting people to actually believe and understand domestic violence and how someone can get trapped in a situation; said as other members of Council did, she also received a letter from the Girl Scouts about elected officials giving badges to girl scouts who sell cookies to elected officials. Council Meeting Minutes, Formal: 04-13-2021 Page 1 of 4 Approved by Council: DRAFT Councilmember Hattenburg: said he also visited Lutheran Community Services and lauded the outstanding job they do; said he participated in the STA Planning and Development meeting and that they are expecting double the amounts in grants to purchase buses, if the legislation gets passed. Deputy Mayor Peetz: said she took a tour of the new Amazon facility and that it is very exciting to see people coming in from all across the nation; that they hope to open in August and expect 300+ employees on the job site a day; said she also attended the Chamber's Government Action Committee meeting where they had a presentation from the U.S. Chamber about restaurant revitalization and the $25B grant program; she then gave some updates on some of the proposed bills; mentioned the Center for Law and Justice will meet tomorrow and that they might be willing to make a compromise on the current proposal; and said the Washington Traffic Safety Commission met and will be working on their highway safety plan. MAYOR'S REPORT: Mayor Wick reported that he testified before the house and senate transportation committee trying to advance the Pines Grade Separation Project, but is not sure if anything has come through yet on that; extended thanks to Senator Padden on the condo reform bill that passed both houses; said he met with the City of Millwood, Spokane and Liberty Lake to discuss the utility situation where the City of Spokane is talking about implementing a utility tax on the County's wastewater facility; said that 80-90% of that facility is Spokane Valley residents and that he expressed our strong conviction that we do not want them to pass that tax; said that Spokane City feels it is an excise tax rather than a utility tax; also part of the Events and Venues for the Health District that has a committee to support and coordinate all the events and venues; said they had a speaker from the Washington State Arts Commission and he is hoping for future guidance for fairs, festivals, and parades; said he toured the new Spokane Conservation District which is now in our city limits; and mentioned the Freight Mobility Strategic Investment Board (FMSIB) where he serves as a city representative for the state — talking about project selection, that the Senate version has funds for FMSIB but the House version does not, but if they do later, said he has stepped up to be the project selection chair; said the Spokane Regional Transportation Council discussed how do we identify regional priority projects and trying to get a habit of how we support projects and be more strategic and more successful in putting our projects forward for grants; said the HCDAC (Housing and Community Development Advisory Committee) sent us a letter that according to population figures, we have surpassed the 100,000 population figure which means we can have another person on that board; and that he listened to the Kiwanis Club meeting where the Ridgeland High School principal gave a talk about the process and work involved in starting a new high school. PROCLAMATION: The Welcome and Inclusive Community Proclamation was read by Mayor Wick. GENERAL PUBLIC COMMENT OPPORTUNITY 11l: There were no public comments. NEW BUSINESS: 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 April 13, 2021, Request for Council Action Form: $3,432,583.58 b. Approval of Payroll for Pay Period Ending March 31, 2021: $573,251.01 c. Approval of City Council meeting Minutes of 3-16-2021 Study Session Meeting d. Approval of City Council meeting Minutes of 3-23-2021 Formal Meeting Format It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the Consent Agenda. 2. Second Reading Ordinance 21-004 Amending Camping Regulations — Erik Lamb, Morgan Koudelka, Arielle Anderson After City Clerk Bainbridge read the ordinance title it was moved by Deputy Mayor Peetz and seconded to approve ordinance 21-004, adopting amendments to chapter 7.50 SVMC. Mr. Lamb noted the only change since the first reading is as he mentioned at that previous Council meeting, and which is highlighted in Council Meeting Minutes, Formal: 04-13-2021 Page 2 of 4 Approved by Council: DRAFT yellow on page 4 of the draft ordinance. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. GENERAL PUBLIC COMMENT OPPORTUNITY [21: There were no public comments. ADMINISTRATIVE REPORTS: 3. Visit Spokane Update — Meg Winchester, Jamie Rand Visit Spokane President and CEO Meg Winchester gave a presentation on their 2020-2021 Leisure Campaign, which is the hospitality business recovery campaign; she mentioned the primary goals; creative strategy and direction; showed the Room to Roam video; talked about the importance of local influence and the creative partners, media partners and key outcomes for occupancy rates comparing our city to Spokane County, Seattle, and other municipalities; and mentioned the various awards Visit Spokane has received. Council extended thanks to Ms. Winchester for her presentation. 4. Fairchild AFB Training Center Partnership — Chief Ellis, Morgan Koudelka Mr. Koudelka stated that this is an opportunity to discuss the new training center and small arms range, and that the Sheriff's Office is currently using, and has used since 2015, the former Mountain View Middle School as the County Sheriff's Office training center, which building is the property of the East Valley School District; he also noted that firearms training and emergency vehicle driving training are held at different sites. Mr. Koudelka explained that the Sheriff's Office was successful in negotiating with Fairchild for an arrangement to safely meet the needs of the Sheriff's Office and Fairchild Air Force Base and this new facility will consolidate all functions in one area. Mr. Koudelka also explained the financial impact and that our split is less than 1% of the annual law enforcement budget. Chief Ellis then went through his PowerPoint explaining the history, training center functions, Air Force Firearms Range Partnership, project costs, and timelines with a projected grand opening date of October 2022. 5. Law Enforcement Update — Morgan Koudelka, Chief Ellis, Assistant Chief Richey Mr. Koudelka explained that the latest Law Enforcement version started in 2018, and was for a five-year term; explained that previously Council expressed they wanted the opportunity to evaluate how the contract was going instead of having the contract simply auto -renew; so the five-year contract runs through December 31, 2022, and will automatically renew for an additional five-year term but only with Council authorization; that the twenty-four month termination notice must be given after the first three years have been completed if that is the desire; he said tonight's presentation is the first step in the review of the contact, which is a review of the first there years and that staff will return to Council toward the end of 2022 to ask for Council authorization for the renewal. Mr. Koudelka then went over the negotiated law enforcement goals, followed by an explanation of the police department staff breakdown and other data from the SVPD Business Plan, the SVPD Annual Report, and finally the 2020 SVPD Statistical Reports. It was clarified that the information he explained tonight is just a recounting of what we did and of what is included in the current five-year contract. Mr. Koudelka mentioned that the intent is to bring forth a quarterly report in the future. Brief discussion included the idea from Mayor Wick about showing a percentage of shift filled with Mr. Koudelka adding that we can compare quarters as we move through it and show the average staffing level per shift. Mr. Koudelka also stated that there are multiple variables that affect crime statistics, but if we see trends, we can come up with an action plan to monitor that to see if what we are doing has the desired impact. Councilmember Thompson noted that page 3 of the 2020 Annual Report shows `reportable' and 'non reportable' accidents and that she prefers the term `crashes' which will keep the document consistent. Mr. Koudelka briefly went over the format of the quarterly report; and said staff is planning to come back to Council April 27 for an additional update on the law enforcement contract amendment, with a motion for Council to consider May 4, and said that will be mostly housekeeping items; he stated that there is no intent to have a motion regarding the contract for the next five-year term, as that will come back later for Council Meeting Minutes, Formal: 04-13-2021 Page 3 of 4 Approved by Council: DRAFT an opportunity to further evaluate the performance and determine if we want the contract to roll over or to look at other options. 6. Parking Update — Bill Helbig, Cary Driskell City Attorney Driskell explained that regarding no -parking zones, staff was asked to determine what would and would not be permitted, and who makes such determination; he said that staff input is important but the ultimate decision will be Council's; and he asked and Council concurred that staff work on some code provisions for making an analysis as to whether an area qualifies as a no -parking zone. Mr. Driskell said a master non -parking resolution would be a companion piece to that much as we have done with the master speed limit resolution; he said staff has some data from a previous company that did street scanning which included all the signs, but that it is not easily ascertainable data and he is recommending that we have information on GSI layers for all signs as to what kind of sign and where it is located; said there is a cost to that but he feels it is money well spent; he said it will take a few months to gather the data and draft the resolution, and again, Council concurred. City Engineer Helbig agreed with Mr. Driskell's assessment of the time it will take to gather the data, and said money was put in the 2021 budget for this work. Mr. Helbig also explained that the data will include the inventory of all signs, but parking assessments is something that is done by parking engineers. 7. Advance Agenda — Mayor Wick There were no suggested changes to the Advance Agenda. CITY MANAGER COMMENTS: Mr. Calhoun extended congratulations to Deputy City Attorney Lamb on receiving WSAMA's (Washington State Association of Municipal Attorneys) Outstanding Service Award; and said that Browns Park should be completed before June 30. 8. EXECUTIVE SESSION [RCW 42.30.110(1)(b); RCW 42.30.110(1)(i); and RCW 42.30.110(1)(g)]: Land Acquisition, Pending Litigation, and Review the Performance of a Public Employee It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn into executive session for approximately 60 minutes to discuss land acquisition, pending litigation and to review the performance of a public employee, and that no action will be taken upon return to open session. Council adjourned into executive session at 8:03 p.m. At 9:00 p.m. Councilmember Woodard returned to open session and announced the extension of the executive session to 9:30 p.m. At 9:30 p.m., Mayor Wick returned to open session and announced the extension of the executive session to 9:45 p.m. At 9:45 p.m., Councilmember Woodard returned to open session and announced the extension of the executive session to no later than 10:15 p.m. At 9:52 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. ATTEST: Ben Wick, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes, Formal: 04-13-2021 Page 4 of 4 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 27, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Potential Grant Opportunity — Spokane Transit Authority (STA) Federal Section 5310 Enhanced Mobility for Seniors and Individuals with Disabilities Program funding. GOVERNING LEGISLATION: RCW 35.77.010: Six Year Transportation Improvement Program PREVIOUS COUNCIL ACTION TAKEN: June 30, 2020, Motion Consideration for staff to apply for WSDOT's Pedestrian & Bicycle Program grant funding for the pedestrian crossing improvements on Sprague Ave. from City Hall to Balfour Park. BACKGROUND: On April 2, 2021, STA issued a call for projects that makes available $658,828 of Federal Section 5310 funding. The funds are available for capital and operating expenses that primarily benefit seniors and individuals with disabilities, and support strategies currently identified in the Spokane County Coordinated Public Transit -Human Services Transportation Plan. The due date for applications is May 3, 2021, at 5:00 PM. After evaluating the program requirements, staff identified one project that is expected to be competitive for funding. There is no matching requirement from applicants; however, due to the limited availability of program funds, staff recommends a grant request not to exceed $225,000, where the City would be responsible for covering any costs beyond that amount. Staff proposes the following application submittal: Project: Sprague Ave. Crossing (City Hall to Balfour Park) Description: The project would install a pedestrian hybrid beacon and associated accessibility improvements near, or just east of, Dartmouth Road. The location would be coordinated with City staff from Community & Public Works, Parks and Recreation, and also with staff from the Spokane County Library District. Total Cost: $475,000 Request $225,000 City match $250,000 OPTIONS: 1) Proceed with the motion as recommended, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or designee to finalize and submit an application to STA for the Sprague Ave. crossing improvement project. BUDGET/FINANCIAL IMPACTS: As proposed by staff, the City would be responsible for $250,000 of project costs. Upon review with the Finance Dept., it has been identified that the City has sufficient REET funds to satisfy this local match. STAFF CONTACT: Adam Jackson, Engineer— Planning & Grants ATTACHMENTS: None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 27, 2021 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Spokane Regional Law and Justice Council administrative report. GOVERNING LEGISLATION: RCW 72.09.300; Spokane County Resolution No. 18-0912. PREVIOUS COUNCIL ACTION TAKEN: On April 6, 2021, Council requested that staff provide an administrative report regarding a recent proposal to change the structure, makeup, and duties of the Spokane Regional Law and Justice Council (SRLJC), as well as to provide background on the SRLJC. City Manager Calhoun identified that the City Attorney's office could provide an update. A request was then made by a Councilmember to have someone from Spokane County provide information as well as to why a proposed County resolution from Spokane County Prosecutor Larry Haskell (attached) should be adopted. Spokane County Sheriff Ozzie Knezovich will provide that information. BACKGROUND: The SRLJC in its current form was started in 2014 at the recommendation of the Spokane County Criminal Justice Council (CJC), a three -person group of system professionals tasked with assessing the regional criminal justice system in order to make recommendations for improving the system. These initial recommendations were contained in the CJC's Blueprint for Reform in December 2013. A law and justice council is required by RCW 72.09.300 and has various identified responsibilities and tasks, with its minimum membership (13 mandatory members) set forth in statute. A general summary of those responsibilities as a committee is for it to act as a conduit of information for the interaction between the local jail and the state prison system. This is intended to facilitate a smooth transition of inmates between facilities for the two entities. Spokane County previously had a law and justice council, but it was discontinued at some point in the past. The language of RCW 72.09.300 uses the word "may" in identifying tasks and duties, which has been interpreted to mean a county could expand those during local implementation. The Spokane County Board of Commissioners took this approach in 2014, expanding the scope of duties, as well as adding to the statutory minimum number of committee members when it passed its enabling Resolution. In 2020, the CJC did an update on the Blueprint for Reform as a form of report card on the progress of the SRLJC relative to the CJC's original Blueprint for Reform. That update stated that while the SRLJC achieved a number of successes, the recent past several years have been less productive. Further, the CJC noted concern that the number of participants in the SRLJC was likely hurting its ability to be very functional, becoming a committee of more talk and less action. They also noted as concerns, internal disagreements over purpose and authority, as well as ongoing public scrutiny. In short, the SRLJC was not meeting the expectations of many people. The CJC recommended creating in some fashion a new entity consistent with recommendations from the National Institute of Corrections, which advises doing so through a negotiated interlocal agreement between the various parties. Prosecutor Haskell proposed a County Resolution to revise the SRLJC and released it for public discussion. Under this proposal, the new or revised committee would be created by the County Commissioners, and would be reduced in size to conform to the membership identified in RCW 72.09.300 (13 members, rather than the current 25 member body). The new committee's responsibilities would also align much more closely with the statute. The SRLJC, the County Commissioners, and many elected officials have received public comments about this proposal over the past month. The City of Spokane sent a letter (attached) signed by Mayor Woodward, Council President Breean Beggs, City Attorney Mike Ormsby, and City Prosecutor Justin Bingham in which the City identified concerns with Prosecutor Haskell's proposal, particularly the anticipated negative affect it would have on community input, and urging the BoCC to not adopt Prosecutor Haskell's proposed Resolution. Spokane Valley does not have a designated seat on the SRLJC, but is represented by Police Chief Dave Ellis, who serves as a representative of municipal police chiefs with the exception of Spokane, which has Chief Meidl holding a designated seat as Spokane's Police Chief. Additionally, City Attorney Cary Driskell acts as the representative of all municipal legislative bodies minus Spokane, which has its own legislative representative. Spokane also has a designated seat for its Mayor. Under the proposed Resolution, Spokane would share just one position with all other municipal entities in the County, currently held by City Attorney Driskell, which could be reassigned to Spokane so they would have a representative. Spokane Valley may have one other representative if Chief Ellis continues to fill his seat. At its April 2021 meeting, the SRLJC voted to send to its Strategic Planning Committee a task to analyze Prosecutor Haskell's proposed Resolution, and further try to identify whether there are other committee options for doing the work that the SRLJC has performed over the past seven years, but which could address some of the issues that have been experienced and identified by the CJC as limiting the success of the collective efforts. The CJC's Update to the Blueprint for Reform focused on the potential creation of a new committee modeled after a Criminal Justice Coordinating Committee, as recommended by the National Institute of Corrections. This would be formed by interlocal agreement, rather than a Resolution from the County Commissioner, and would feature members who were agreed upon and who wanted to attend, rather than including members mandated by statute. The Strategic Planning Committee is currently in the process of having several special meetings in order to provide a recommendation of options to the SRLJC. The SRLJC will then likely make a recommendation to the governing bodies for the regional entities at the May meeting. It is important to understand that this discussion and decision on the committee and structure is very likely not an "either/or" proposition. It seems clear that some form of committee as envisioned by Prosecutor Haskell must be maintained, as it is required by state statute. What is not clear at this point is whether that will be the only committee, with more limited functions and size, or whether there will be a second committee by interlocal agreement to address more of the systemic deficiencies identified by the CJC, the public, affected communities in the region, and others. Lastly, the Strategic Planning Committee may identify other potential options for consideration and recommendation. Presumably, this issue may come to Council for a discussion and decision on whether to take part in a new committee pursuant to an interlocal agreement, and what those terms may look like. It is not clear at this point what the timeframe would be if this occurs. Additional materials from Sheriff Knezovich will be distributed separately later. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: Unknown. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: (1) CJC Update to the Blueprint for Reform; (2) Prosecutor Haskell's proposed Resolution; and (3) April 13, 2021 letter from City of Spokane to BoCC regarding Prosecutor Haskell's proposed Resolution. OCTOBER 2020 BLUEPRINT FOR REFORM STATUS REPORT A review of the Region's progress towards creating an efficient, effective, and equitable criminal justice system .a 2 . • jP.y ' 4 • Ld .. f 1 - t f s 1 @'1 � L r .r - � . r THE BLUEPRINT FOR REFORM - STATUS REPORT By the Spokane Criminal Justice Commission The Honorable James Murphy (Ret.) James McDevitt, former U.S. Attorney for the Eastern District Phillip Wetzel, Esq. October 2020 BLUEPRINT FOR REFORM - STATUS REPORT INTRODUCTION In 2013 we were privileged to publish A Blueprint for Reform — Creating an Efficient and Effective Regional Criminal Justice System (the Blueprint). In that report we wrote that true effective reform would require no miracles, "just the intercession of a thousand small sanities." We are pleased that there is a continued commitment to reform and welcome the opportunity to report on whether the criminal justice community has succeeded in implementing those small sanities and improving the overall criminal justice system within the City of Spokane and Spokane County. We were tasked by the Spokane County Board of Commissioners to: "[P]ivvide aprogress report... to the Board on the recommendations set forth in the Blueprint for Reform' as well as efforts undertaken since the Blueprint for Reform's'publz'cation that were not included in the document's recommendations." Under this charge, we took the opportunity to interview many officials who play key roles in all aspects of the City/County criminal justice system and we appreciate their candor and willingness to honestly assess the "good, the bad and the ugly." We greatly benefited by our participation in a listening session with community stakeholders and received valuable input from a number of groups, including but not limited to: the Center for Justice, Disability Rights Washington, NAACP, the Native Project, the Northwest Justice Project, the Spokane Regional Law & Justice Council's Racial Equity committee, Spokane Community Against Racism, and the Spokane Regional Health District. We appreciate their concerns and sincere input. As we reviewed the slow, sometimes steady, and sometimes halting progress over the past seven years, current events shocked the system, resulting in seismic shifts that must be examined as a part of this report. In addition to issuing a progress report on the recommendations of the Blueprint, we were asked to report on efforts undertaken since the publication of the Blueprint that were not included in the document's recommendations. The COVID-19 crisis forced a quick, effective response from the entire system. The jail population at one point following the pandemic had been cut by roughly 40 percent. There were warnings of increased crime rates, but they have not been realized. Further study is necessary to determine whether the measures that have been undertaken in response to the pandemic should be permanent. Recent events have also spurred the Washington Supreme Court and the Spokane County Superior Court to publicly "...acknowledge shortcomings that have resulted in systemic racial injustice against Black Americans..." We abhor the crimes committed during otherwise peaceful protests and support full prosecution of those responsible. We fully support the brave and honorable police officers who perform their duties justly and equitably. We incorporate and attach the public statements of these courts and urge the entire system to "listen better, do better and be better, where and when we can, to eradicate racism and establish systemic reforms in our justice system."1 We provide this Report with the utmost respect for the many public servants who dedicate themselves to justice every day. As noted in the original Report, we do so mindful of the roles that each actor plays and not as an attack on judicial independence, prosecutorial discretion, or other forms of discretion exercised by those individuals whose job it is to maintain public safety, administer justice and uphold the Washington State and United States Constitutions. 2 TABLE OF CONTENTS The Status Report summarizes progress on the recommendations issued in the Blueprint for Reform. Recommendations, grouped in sections, pertain to specific departments and correspond with the sections in the original Report. Introduction 2 5.1 Governance and General Operations 6 5.1 (1) Create Spokane Regional Justice Commission (RJC) and Hire Support Staff 6 5.1 (2) Reestablish the Law & Justice Coordinating Committee & Supporting Workgroups 6 5.1 (3) Ensure there is a Role for Outside Agencies, Non -Profits and Public by Furthering Community Partnerships 7 5.1 (4) Adoption of Evidence -Based Portfolio & Risk/Needs Assessment Instrument for Criminal Justice System Management Across All Agencies 7 5.1 (5) Establish Semi -Annual Reporting — the Creation of "Report Cards" 8 5.2 Coordinated Information Systems 9 5.2 (1) Technological Improvements in Court and Jail 9 (A) Video Conferencing in Courtrooms 9 (B) Technological Solutions for Communicating between Public Defenders and Incarcerated Clients 9 (C) Reduction in Paper Use 10 5.2 (2) Create a Coordinated Case System Processing for IT Purposes 10 5.2 (3) Create Standard Program Performance Reports 11 5.3 Law Enforcement 12 5.3 (1) Establish a Law Enforcement Assisted Diversion (LEAD) Program 12 5.3 (2) Consideration of Ceasefire Program Efforts 12 5.3 (3) Renew Efforts and Expand Neighborhood Crime Prevention Programs 12 5.3 (4) Expand Crisis Intervention Teams Across All Local Law Enforcement Agencies 13 5.3 (5) Combine Various Law Enforcement Functions 13 5.4 Pre -Trial Services 14 5.4 (1) Use of Functional Risk/Needs Assessment Tool and Proper Intake Screening 14 5.4 (2) Create Twenty -Four Hour Intake Facility 14 5.4 (3) Expand Diversion and Alternative Programs for Low -Level and First -Time Arrests 14 5.5 Courts 16 5.5 (1) Emulate Reform Efforts Carried out by Spokane County Juvenile Court 16 5.5 (2) Collaborative Efforts Should be Undertaken to Avoid Unnecessary Court Hearings 16 5.5 (3) Individuals with Pending Criminal Cases in More than One Spokane County -Based Court Should Have All Pending Matters Handled by a Single Court and Prosecuting Attorney's Office 16 3 5.5 (4) The Court, Prosecution and Defense Should Collaborate to Eliminate Mandatory Court Appearances of Defendants for All Hearings Except for Trials and Sentencing Hearings 17 5.5 (5) Trial Courts Should Minimize Issuance of Warrants, Arrest, and Incarceration for Non -Payment of LFOs and Should Make Use of Alternative Sanctions to Substitute for Payment of LFOs as Deemed Appropriate 17 5.5 (6) Develop a Process by which Technical Probation Violations Are Resolved by Sanctions which Are Swift and Certain, but Not Lengthy 18 5.5 (7) All County and Municipal Courts, Prosecuting Attorney Offices, and Public Defense Agencies in the Region Should Use the Same Case Management System 18 5.5 (8) The Language and Spirit of Washington State Superior Court Rule 3.2 Should be the Basis of Pretrial Release Decisions 18 5.5 (9) Expand Adult Drug Court 19 5.5 (10) Conduct Independent Evaluation of All Therapeutic Court Models 20 5.5 (11) Explore Legislation that Removes Requirements and Have the Effect of Unfunded Mandates on Local Jurisdictions 20 5.6 Prosecution 21 5.6 (1) City and County Prosecuting Attorney's Offices Should Provide Disclosure to Defense Counsel Immediately Upon Receipt form Law Enforcement Agencies via Centrally -Based Secure Computer System and Appropriate Software 22 5.6 (2) Spokane County Should Develop a Driving While License Suspended Diversion and Relicensing Program 22 5.6 (3) Spokane County Should Commission an Independent Evaluation of the Spokane County Superior Court Early Case Resolution (ECR) Program 23 5.6 (4) Spokane County Should Make Specific Modifications to ECR Program Based on Differentiated Case Management Best Practices 23 5.6 (5) Adult Drug Court Prosecutor Should Review Program Admissibility Standards 23 5.7 Indigent Defense 24 5.7 (1) & 5.7 (2) Implementation of Efficient Communication Between Defense Lawyers and Jailed Clients 24 5.7 (3) Quick and Easy Meeting Area Access Should be Established for Use by Attorneys Visiting Client Inmates when a Face -to -Face Visit is Desired 24 5.8 Detention Services 25 5.8 (1) Create a Community Corrections Center 25 5.8 (2) Develop Alternative Sentencing Programs, and Expand Electronic Home Monitoring to All Courts 25 5.8 (3) Ensure Greater Coordination of Transportation and Scheduling 25 5.8 (4) Ensure Proper Classification and Identification of Specialized Populations 26 5.9 Probation Services 27 4 5.9 (1) Develop Inter -local Agreement to Combine City and District Court Probation Services to Remove Duplication 27 5.9 (2) Application and Use of Standardized Risk/Needs Case Management System & Use of Evidence - Based Practices 27 5.9 (3) Collaboration with Law Enforcement and Community Agencies 27 5.9 (4) Probation Caseloads Reduced to Workable Numbers 28 References 29 5 5.1 GOVERNANCE AND GENERAL OPERATIONS The Blueprint identified new government structures and partnerships to improve project development, management, and oversight. The CJC met with all County Commissioners and the Office of Law & Justice. 5.1 (1) Create Spokane Regional Justice Commission (RJC) and Hire Support Staff Any significant and structural change requires collaboration across multiple government actors, which is why the CJC outlined a governing structure to increase collaboration, coordination, accountability, and transparency. The recommended Regional Justice Commission (RJC) was never established, and the CJC recognizes that the proposed model was politically unrealistic since a five - member council does not have the authority to dictate policy decisions for other elected officials, who may or may not serve on the RJC. To their credit, however, the City and County collaboratively established the Office of Law & Justice, jointly funding the Regional Law & Justice Administrator and a Staff Assistant." This Office is responsible for managing the Spokane Regional Law & Justice Council and its three active committees, responding to requests for support from various elected and unelected officials at both the City and County and members of the public; managing relevant grants; developing and leading locally funded projects; and supporting efforts to increase data reporting capacity across the criminal justice system. At the time of publication, the Office of Law & Justice was managing two grants along with four projects funded by CARES Relief dollars (in partnership with other agencies/departments), including the Intake & Releasing Center, Cab Vouchers at Jail Release, a Remote Court Pilot, and Criminal Justice Information Hotline, plus other duties. Given the demands and scale of responsibility, it is critical that local jurisdictions continue to adequately staff this Office, which may include additional investments in the future for analysts, project managers, and/or other consultants. ► Bottom Line: Establishing the Office of Law & Justice is a significant achievement for the City and County. The region must ensure that the Office receives adequate resources and support that are not dependent on grant funds in order to sustain critical reform efforts. 5.1 (2) Reestablish the Law & Justice Coordinating Committee & Supporting Workgroups The Spokane Regional Law & Justice Council (SRLJC) and its committees were reestablished shortly after the Blueprint's publication. Since then, the Council has clarified that it is strictly an advisory body (consistent with RCW 72.09.300 and SRLJC bylaws) and cannot manage, direct, or implement initiatives. Although we commend the efforts of the SRLJC, the body has struggled to live up to its original charge due to the unwieldy number of participants, internal disagreement over the Council's purpose and authority, and ongoing public scrutiny. As a result, local jurisdictions have established and disbanded a slew of other committees, task forces, and working groups over the past several years in order to manage and move projects forward. In many cases, such committees have been productive, but in other cases, they have thwarted centralized communication, planning, and public transparency. 6 Moving forward, the CJC recommends shifting or replacing the SRLJC with a Criminal Justice Coordinating Committee, as endorsed by the National Institute of Corrections.'u ► Bottom Line: The SRLJC struggled to grow into an agile and effective working group necessary to catalyze change. County Commissioners and other officials should seriously consider replacing the SRLJC with a Criminal Justice Coordinating Committee. 5.1 (3) Ensure there is a Role for Outside Agencies, Non -Profits and Public by Furthering Community Partnerships Local government has made strides improving community -based partnerships and transparency. Related efforts include but are not limited to: public participation in relevant Request for Proposals, the creation of a community advisory board for the implementation of the Public Safety Assessment, the establishment of the Office of Law & Justice's five -member Community Advisory Board, and the appointment of four community representatives to serve on the SRLJC. Local leaders should continue to expand and deepen the role of outside partners by filling the vacant seats, increasing opportunities for public -private partnerships in reform efforts, and formalizing community engagement. ► Bottom Line: The region has made significant improvement in this arena and should focus on pursuing public -private partnerships to further reform efforts. 5.1 (4) Adoption of Evidence -Based Portfolio & Risk/Needs Assessment Instrument for Criminal Justice System Management Across All Agencies There have been some modest improvements under this recommendation. For instance, in April 2019, Spokane implemented the Public Safety Assessment, a pre-trial risk assessment tool.' The implementation team included a three -member community advisory board and stakeholders from across the system (including representation from prosecution, defense, the courts, law enforcement and the Office of Pre -Trial Services). The Implementation Team now meets on a quarterly basis to review relevant data and provide oversight. Additionally, the City Probation Department adopted the Ohio Risk Assessment System (ORAS), a risk/needs assessment to better develop case plans for individuals ordered to probation and tailor supervision accordingly. County probation is exploring the adoption of the tool as well; judges and probation officers have been trained on the tool. Neither the ORAS nor the PSA have been validated on local populations yet, which is a best practice when a risk assessment tool is in use. And neither jurisdiction has established a working group dedicated to evaluating, developing, and managing evidence -based practices unrelated to risk and needs assessments. We recognize the controversy around the use of risk/needs tools, specifically regarding the potential for worsening racial disparities. These tools should not determine decisions, but do provide additional information for consideration, which can be particularly helpful to judicial officers, public defenders, and prosecutors in fast paced, high -stakes environments. 7 In addition to risk/needs tools, local jurisdictions should pursue other evidence -based reforms starting with the portfolio of recommendations by the Justice Task Force.' The Task Force, which included representatives from local government, the criminal justice system, service providers, business leaders, and community members, met for nearly a year to study the local jail and justice system. The recommendations endorsed by the body include promising practices and evidence - based programs that create a strategic vision for the future of the region's criminal justice system. ► Bottom Line: Some modest improvements achieved. If the PSA and ORAS remain in use, jurisdictions should prioritize investments in validation. Jurisdictions should also evaluate and implement other evidence -based reforms where appropriate. 5.1 (5) Establish Semi -Annual Reporting — the Creation of "Report Cards" Overall, there has been little to no progress under this recommendation. Data and outcomes remain obscured from public view. And while we applaud the hire of a Criminal Justice Data Analyst and the recent publication of a criminal justice data dashboard,`' such efforts fall short of focusing on the outcomes achieved (or not achieved) by relevant agencies, departments and offices. At a minimum, the Office of Law & Justice should continue reviewing progress under the Blueprint annually. ► Bottom Line: The City and County failed to establish recurring performance reports. Both jurisdictions should take steps to identify performance measures and publish progress immediately. 8 5.2 COORDINATED INFORMATION SYSTEMS The Blueprint identified opportunities for improvements in technology, including court hearings, shared information and reduction in paper use. The CJC met with representatives from the County Information Technology (IT) Department and with Municipal Court Administrator Howard Delaney. 5.2 (1) Technological Improvements in Court and Jail We reported that efficiencies could be realized by a more robust use of video conferencing for court hearings, and for communication between defense lawyers and clients in jail. (A) Video Conferencing in Courtrooms The County IT Department reported that the Department has completed initial technology improvements. These are large monitors, and wireless connections, in all Superior Court and District Court courtrooms. The County IT Department intends to continue improving courtroom technology, adding Zoom Video conferencing and other technologies as they become available. Currently, the courts routinely use video conferencing for first appearances and bail hearings. The judge and court staff conduct the hearings from the Spokane County Courthouse and Public Safety Building. The defendant, prosecutor and defense lawyers participate via video and audio connections from a small room in the Spokane County Jail. The defendants are led into this room by jailers. This room is colloquially known as the "jail courtroom." It is typically overflowing with Deputy Prosecutors, Public Defenders and defendants. Courtroom decorum, privacy and formalities are compromised. Municipal and District Courts are using video conferencing for first appearances. Both courts are also exploring hearing other criminal proceedings remotely to support social distancing during the COVID-19 pandemic, increase access to courts, and facilitate efficient resolution. This includes participating in an effort to partner with shelters to facilitate residents' appearance via remote court platforms, funded through the end of the year with CARES Relief. Security and jail transport costs have improved. The COVID-19 crisis has introduced an urgency for improvement in this area, and further information is necessary to evaluate the emergency reforms implemented in response to the pandemic. ► Bottom Line: The IT departments have improved video and audio conferencing in the courtrooms. (B) Technological Solutions for Communicating between Public Defenders and Incarcerated Clients This may seem like a simple issue. But it is a significant issue. At present, Public Defenders report that the process of walking to the jail, checking in, waiting for an elevator, waiting for a client to be brought to the secure attorney's booth, waiting for the elevator when they are done with the client interview and walking back to their offices, consumes at least an hour, even for a very short meeting. Technology that facilitates more efficient communication with clients will increase attorney 9 productivity by decreasing the amount of time they spend at work waiting and traveling for meetings with clients. Currently, incarcerated individuals are allowed to make phone calls to lawyers during their time when they are out of their cells. This may be a short window of time depending on the fluctuating conditions of the jail. There are very few phones available on a floor and this can result in inmates having restricted access to the phones. Other jurisdictions have implemented effective email and Skype communications providing Public Defenders easy access to clients from their desks. Detention Services has entered into an agreement with a new service provider to achieve this goal. The current providers will not be replaced until 2021, due to contract obligations. While improvements are on the way, a delay will occur. ► Bottom Line: There are approximately 89 public defenders who visit clients in the jail. Any improvement in their ability to communicate with clients will yield substantial savings and efficiencies. Video conferencing and email communications should be implemented with all due haste. (C) Reduction in Paper Use The Spokane Municipal Court, Prosecutor and Public Defender significantly transformed to electronic records and reports. Superior and District Courts have not significantly transformed to electronic records and reports, although this is being discussed and this change is intended. ► Bottom Line: Superior and District Courts should move to electronic records with all haste. 5.2 (2) Create a Coordinated Case System Processing for IT Purposes In 2013, we reported that the criminal justice system used information from at least 12 different systems; Caseman, Supercal, Superman, Jail Management System, PD Man, Pretrial Services Application, JustWare, JIS, Juvenile Information Management Systems, AOC, Jail Transport Notification System, Jail Visit Application, and others. Astonishingly, these systems do not talk to each other. We recommended that all stakeholders collaborate to create or purchase a single system. In 2013, we learned that the implementation of the JustWare System for the Municipal Court, Probation, Prosecutor and Public Defender was transformative. The JustWare System allowed easy, comprehensive communications among all municipal agencies. The City is seeking to upgrade its Justware System to "E- Suite" which will result in even greater efficiencies. While there has been progress in quick delivery of police reports to Public Defenders, there has not been progress in the implementation of a comprehensive information system. ► Bottom Line: The County must implement a comprehensive information system with all due haste. And any new systems procured by the City and/or County should be programmed to interface across agencies and jurisdictions. 10 5.2 (3) Create Standard Program Performance Reports In 2013, we recognized that the implementation of needed reforms would be accomplished or frustrated primarily by elected officials — judges, prosecutors, and other policymakers. These officials are not accountable to other government agencies, but only to the voters. Thus, it is imperative that the performance of these officials be openly and fairly reported so that the often murky world of criminal justice can be fully illuminated. The Office of Law & Justice is working to expand a data dashboard to share relevant data with the public. Several agencies have already agreed to participate in this endeavor, however Municipal Court, and the Offices of the City Prosecutor and City Public Defender, along with the Office of the Spokane County Prosecuting Attorney have not vet agreed to share data. Thus, their work will remain concealed from public oversight. There has been no progress by any agency in the creation of program performance reports. ► Bottom Line: Performance reports are a central requirement of a transparent, accountable criminal justice system. Evidence -based policies have proven to guarantee greater community safety at reduced costs. All agencies must implement performance reports, supported by evidence, which measure outcomes and not merely output. Note: The County IT Department has been helpful and responsive to all agencies that have requested assistance in criminal justice reform. The Department has spent 2,398 hours collecting data for requests for the McArthur Grant. It has provided support to the Office of Pre-trial Services in the creation of a Public Safety Assessment. It has provided support to Public Defenders in creating the ability to text clients. It has provided support for Pre-trial Monitoring. It has assisted the Law & Justice Council in gathering data for further analysis. This responsiveness and competence must be viewed as highly encouraging in the ongoing search for facts and analysis. 11 5.3 LAW ENFORCEMENT The Blueprint made several recommendations related to law enforcement, informed in part by the Death of Otto Zehm in police custody. The Spokane Police Department (SPD) fulfilled all of the Use of Force Commission recommendations and successfully completed a collaborative reform process with the Department of Justice. Given increased national and local attention on law enforcement conduct, training, and resulting racial disparities, the CJC strongly encourages law enforcement across the region to redouble efforts to ensure community safety and ensure racial equality in local policies and practices. The CJC met separately with Chief Craig Meidl and Assistant Chief Justin Lundgren, and Sheriff Ozzie Knezovich. 5.3 (1) Establish a Law Enforcement Assisted Diversion (LEAD) Program Local law enforcement has not established a LEAD program as in Seattle, Washington, however, both SPD and the Spokane County Sheriff's Office (SCSO) launched a regional behavioral health unit in partnership with Frontier Behavioral Health that sends co -deployed teams (law enforcement and mental health clinicians) to respond to behavioral health related calls. The program began in 2016 with separate units within the respective departments (SPD had 4 clinicians, and SCSO had 1 clinician). Both programs achieved impressive diversion rates. For instance, between 2018 and 2019, SPD only brought 63 out of 696 contacts (9%) to jail." In roughly the same period, only 1.8% of contacts were arrested by the SCSO co -deployed team, and an estimated 19,610 minutes of time saved for the co -deployed unit for patrol officers. In addition to the co -deployed teams, SPD continues to partner with Community Court, which shares some similarities with LEAD. Moreover, both the SPD and SCSO support the creation of a Mental Health Crisis Stabilization Facility for misdemeanor charges. The facility will provide patrol officers with an opportunity to take individuals in crisis to treatment rather than jail booking. Pioneer Human Services will operate the facility, which is anticipated to come online in June 2021. Individuals who successfully engage with treatment will avoid criminal charges. ► Bottom Line: Much progress in this area. Efforts for pre -arrest diversion opportunities need to expand and continue. 5.3 (2) Consideration of Ceasefire Program Efforts Local law enforcement has not pursued the implementation of the Ceasefire model, however, the Safe Streets Taskforce focuses on gangs and human trafficking. ► Bottom Line: Advised that the Ceasefire Program is not suitable for this area. 5.3 (3) Renew Efforts and Expand Neighborhood Crime Prevention Programs Law enforcement agencies have pursued and implemented additional programs, including but not limited to newly opened Sheriff Community Oriented Policing Effort (S.C.O.P.E.) and SPD's 12 Community Oriented Policing Services (C.O.P.S.) offices. SPD also operates several community - based programs such as: Paws on Patrol, Youth and Police Initiative, Police Activities League, Neighborhood Resource Officers, Coffee with a Cop Event, attending community meetings and presenting community safety strategies. ► Bottom Line: Excellent community outreach programs in place and should be continued. 5.3 (4) Expand Crisis Intervention Teams Across All Local Law Enforcement Agencies SPD requires all officers to complete the basic Crisis Intervention Team (CIT) training. Currently, every SPD officer has completed the mandatory 40 hours of training. New hires complete training within first 18 months on the job (during a probationary period). SPD also created a specialty team of 22 officers who complete Enhanced CIT training (ECIT) The SCSO provides 8 hours of CIT training, plus two hours of annual in-service training. The SCSO is currently implementing new software that will provide for additional online learning opportunities, including additional CIT material. Finally, the SCSO proposed a 26-week academy for all new hires that would include 40 hours of CIT training. The State's Criminal Justice Training Commission, however, recently denied the request. The SCSO is seeking reconsideration. ► Bottom Line: Excellent progress by SPD regarding CIT and ECIT training. County needs to obtain funds for more CIT and ECIT training. 5.3 (5) Combine Various Law Enforcement Functions We recognize that collaboration among law enforcement agencies and jurisdictions will leverage existing resources and potentially improve investigative capabilities. After initial resistance, various jurisdictions are working together to consolidate dispatch operations (SREC — Spokane Regional Emergency Communications), including the City, although the City was not initially committed to joining over labor concerns. In addition to the newly established regional behavioral health unit (see 5.3.1), law enforcement combines training opportunities for new recruits, shares records through a joint software system (New World), and participates in joint task forces including Safe Streets, Family Justice Center, and the Auto Theft Prevention Authority. The SCSO also points to collaboration with federal law enforcement agencies through training and surveillance functions. The SCSO is open to further collaboration with the SPD, but reports resistance when attempting to create a regional forensic lab and training efforts. ► Bottom Line: Significant progress in this area. Some resistance to combination of some programs and advised by agencies that legal barriers prevent some joint purchase efforts. 13 5.4 PRE-TRIAL SERVICES The Blueprint identified new opportunities for investments in Pre -Trial Justice. The CJC met with Cheryl Tofsrud, Director of the Office of Pre -Trial Services (OPTS). Since our meeting with Ms. Tofsrud, we have learned the OPTS is facing a significant budget shortfall in the coming year due to a loss of grant funding. Although there are opportunities for improvement within the Office, we strongly encourage the Board of County Commissioners to fund OPTS so that they may continue to collect and provide information to the courts, public defenders, and prosecutors that is critical to release decisions. Without this support, operations across the courts and parties could be stalled, damaged, or tossed into disarray. 5.4 (1) Use of Functional Risk/Needs Assessment Tool and Proper Intake Screening In addition to interviewing everyone booked into the jail for a felony, DUI or DV charge, the Office of Pre - Trial Services completes the Public Safety Assessment, a pre-trial risk assessment tool for all jail admissions v' This tool measures risk of failure to appear, risk of committing new crimes and risk of committing new violent crimes (see 5.1.4). The tool, however, is not a needs tool. This, coupled with fact that the staff are not trained to develop and implement case management plans, indicates there is still work to do before the Office is able to develop and provide viable release plans as originally recommended. ► Bottom Line: Moderate progress has been made through the implementation of the Public Safety Assessment. 5.4 (2) Create Twenty -Four Hour Intake Facility The Board of County Commissioners recently approved just over 1 million dollars in CARES Relief funding for the creation and operation of an Intake and Releasing Facility. The proposed facility would ultimately run nearly 24-hours a day and handle all misdemeanor jail admissions, including booking and First Appearances. The program is still in development with plans for a soft launch before December 30, 2020. If successfully implemented, the model would alleviate stress on jail booking, reduce the wait time of patrol officers (meaning they will spend more time on the streets than waiting at the jail), and ensure that individuals who are going to be released home by a judicial officer do not needlessly spend a night in jail, which is costly not only for the arrested individual but for taxpayers as well. The success of this project will rely upon the coordination and collaboration across various jurisdictions, law enforcement, public defender's offices, prosecutor's offices, and the lower courts. It is critical that all relevant parties take the necessary and difficult measures to alter business practices in order gain the program's full benefits. Furthermore, the model must account for transportation and appropriate referrals if it is to meaningfully interrupt cycles of recidivism. Finally, sustainable funding must be secured for the project beyond December 30, 2020, when CARES Relief funding is set to expire. ► Bottom Line: The County is beginning to make progress under this recommendation, however sustainable funding and robust support and coordination is required across jurisdictions and agencies to ensure the project's success. 5.4 (3) Expand Diversion and Alternative Programs for Low -Level and First -Time Arrests The Office of Pre -Trial Services operates a Felony Diversion Program that has capacity for up to 150 individuals. Detention Services Mental Health Staff and the Department of Community Services and Housing 14 operates a state funded diversion program (5177 Diversion) for behavioral health patients specifically. Both programs are reportedly well respected and operating smoothly, however, they are not always at capacity. This has little to do with Pre -Trial Services and much to do with the role of the prosecutor in approving and referring individuals to diversion. However, if OPTS loses funding, the Felony Diversion Program will likely fold, forcing prosecution to return completely to traditional practices, which are more resource intensive and do not incorporate many strengths of the Felony Diversion program. We applaud the efforts of relevant stakeholders including but not limited to law enforcement, Detention Services, and prosecution to create a Mental Health Crisis Stabilization Facility. Moving forward, we encourage the expansion of diversion programs, including pre -filing diversion. Moreover, we encourage that current and future diversion programs expand eligibility criteria, rather than creating more options solely for low-level, first-time arrests. Bottom Line: Only slight progress under this recommendation. The County Prosecutor should work quickly to implement a pre -filing diversion program. The County and City should invest in OPTS as they manage relevant programming. The City Prosecutor should likewise explore additional opportunities for expanded diversion. 15 5.5 COURTS The Blueprint laid out recommendations regarding innovative, more efficient, and more effective judicial operations. The CJC met will Judge Harold Clarke, Judge Jeffrey Smith, Judge Matthew Antush, Commissioner John Stine, and Juvenile Court Administrator Tori Peterson. 5.5 (1) Emulate Reform Efforts Carried out by Spokane County Juvenile Court Juvenile Court continues to set the bar for meaningful reforms at the local level, including gender -specific programming, therapeutic interventions, and trauma -informed responses. Yet the adult system has not emulated any of Juvenile Court's progress. Often, actors in the adult system dismiss potential lessons from the juvenile system because of differences in population, age, brain development, etc. However, the juvenile system recognizes that instability in young lives can result in law enforcement contact. Such instability, caused by a myriad of underlying factors, can also play a significant role in the adult population. As a result, local government officials should examine the success enjoyed by the juvenile system and import relevant practices to the adult system. ► Bottom Line: No progress has been made in this area. 5.5 (2) Collaborative Efforts Should be Undertaken to Avoid Unnecessary Court Hearings In July 2020, Municipal Court implemented Differentiated Case Management across their court rooms in an effort to ensure cases move efficiently and fairly through the system. It is too early to draw conclusions about the impact of the program, but it should be studied closely for lessons that can be applied to the other courts. ► Bottom Line: Very little progress has been made in this area. All courts and parties should urgently review and update policies to eliminate unnecessary court hearings and appearances. 5.5 (3) Individuals with Pending Criminal Cases in More than One Spokane County -Based Court Should Have All Pending Matters Handled by a Single Court and Prosecuting Attorney's Office Efforts to consolidate across the courts are sorely lacking. Individuals facing multiple charges are still required to appear in multiple courts, typically on different days and at different times, and frequently resulting in confusion for individuals navigating the system, plus the multiplied burden of missing work, treatment, and/or paying for transportation for bifurcated court hearings. Such consequences could be avoided by consolidating cases. We understand that consolidation may only affect a fraction of individuals moving through the courts. We also understand that consolidation would likely elicit logistical headaches during planning. Still, we reiterate our strong support for consolidating operations to improve both the system's navigability and efficiency. Bottom Line: No progress. All relevant parties must reengage with relevant planning. 16 5.5 (4) The Court, Prosecution and Defense Should Collaborate to Eliminate Mandatory Court Appearances of Defendants for All Hearings Except for Trials and Sentencing Hearings All three courts have instituted measures in an attempt to improve case processing. Better case processing would reduce the number of continuances. It would also reduce the number of hearings a defendant is required to attend. Each hearing is another opportunity for a missed court appearance, so such efforts are an important measure in reducing missed court dates and related consequences and inefficiencies. Eliminating mandatory court appearances for all hearings (excepting trials and sentencing) would go even further. Currently, Municipal Court does not require defendants to appear for hearings other than First Appearances, Trials and Sentencing. In response to COVID-19, District Court has waived mandatory appearances for continuances and some pre-trial hearings and anticipates making this policy permanent in the future. Veteran's Court, which operates in District Court, is also waiving nearly all mandatory appearances, with the exception of contested show cause hearings, graduations, and pleas. Finally, Superior Court also has waived several court appearances for the defendant in response to the pandemic, while other efforts related to efficient case management have been placed on pause due to emergent circumstances. We encourage the courts to formalize appearance waivers beyond the pandemic for the reasons explained here and in the Blueprint. ► Bottom Line: Limited Progress. Courts should eliminate mandatory appearances for hearings, except for First Appearances, Trials, and Sentencing. 5.5 (5) Trial Courts Should Minimize Issuance of Warrants, Arrest, and Incarceration for Non -Payment of LFOs and Should Make Use of Alternative Sanctions to Substitute for Payment of LFOs as Deemed Appropriate Since the Blueprint was published, new legislation eliminated several mandatory fees. Today, only CVAP and restitution are mandatory costs imposed by the Court. In 2016, Superior Court established a new legal financial obligation (LFO) policy, dictating that Superior Court will work with individuals who make payments so they are not charged an annual fee for service. As a result, Superior Court reduced LFO files from 32,000 to 9,000. Prior to COVID-19, all three courts and the Court Clerk were working with community organizations to organize an LFO assistance event. In addition to joint LFO efforts, all three courts are now participating in Warrant Fest in order to resolve as many warrants as possible in a short amount of time ► Bottom Line: Significant progress under this initiative but little in the way of alternative sanctions. 17 5.5 (6) Develop a Process by which Technical Probation Violations Are Resolved by Sanctions which Are Swift and Certain, but Not Lengthy Municipal and District Courts agree that that "swift and certain sanctions" are not working as efficiently, and therefore not as effectively, as they should. With the exception of the Department of Corrections, these sanctions are only found in therapeutic courts, and Municipal Court states that swift sanction of a quick trip for an overnight in jail is difficult due to limited jail space. Attention should be paid to other programs such as the Louisiana Department of Corrections' Incentivized Probation. They have seen a significant decrease in total supervised population and average caseload of probation officers by using new incentives that allow people to earn time off supervision based upon compliance with supervision conditions'x ► Bottom Line: Little progress in the area of effective "swift and certain sanctions." 5.5 (7) All County and Municipal Courts, Prosecuting Attorney Offices, and Public Defense Agencies in the Region Should Use the Same Case Management System Case management is currently a hot topic. All three courts have worked with the National Center for State Courts to improve case processing, but have yet to fully implement all relevant recommendations. The three courts currently use three different case management systems. Superior Court Clerk's Office is mandated by the State Administrative Office of the Courts to implement Odyssey and did so in 2019. Superior Court Administration continues to use a locally developed case management tool. In Washington State, 37 of 39 counties use the same case management system, but it is not integrated with Municipal and District Courts. The City is attempting to implement Esuite Software in Municipal Court and later across the Prosecutor and Public Defender's Offices. District Court continues to use JIS but is exploring opportunities to implement Ecourt (one component of Esuite). ► Bottom Line: Limited progress. 5.5 (8) The Language and Spirit of Washington State Superior Court Rule 3.2 Should be the Basis of Pretrial Release Decisions The language and spirit of Washington State Criminal Rule 3.2 should serve as the basis of pre-trial release decisions. Roughly 75% of the Average Daily Jail Population is comprised of those awaiting trial. The determining factor on who is detained in jail is Criminal Rule 3.2. The proper administration of the rule is the most important issue on jail population and our ability to manage it. Criminal Rule 3.2 is a carefully drafted directive which implements the constitutional imperative of the presumption of innocence and provides courts with effective, constitutional, tailored methods to ensure future appearance and community safety. It provides for decisions based upon public hearings giving parties the opportunity to present evidence of flight risk and danger. We have found that the administration of the rule has been uneven. There are 26 judicial officers involved in criminal cases in Spokane County. There are individual judges who are clearly outliers in their persistent refusal to follow the rule. Prosecutors who make bail recommendations outside the framework of CrR 3.2 18 only serve to expose judges to unjust criticism for making difficult, legally correct decisions. Similarly, law enforcement officers who criticize judges for difficult, legally correct decisions who have failed to alert courts to flight risk or dangerousness must accept their own responsibility rather than criticize the judge who was not provided relevant evidence. All participants, including law enforcement and the public, are reminded that setting a high bail only to ensure the confinement of an accused person is a violation of the Constitution judges are sworn to uphold. We have found several practices in the administration of Criminal Rule 3.2 that are improper. 1. A judge who has issued a warrant for the arrest of an accused requires that upon arrest, that person will not be released at the First Appearance - and may not be afforded a hearing on the issue - but must be brought before the issuing judge, sometimes up to two weeks later. 2. A judge who has an unwritten rule of requiring a high bail amount for every domestic violence case. 3. Judges who routinely neglect to consider the financial circumstances of the defendant when setting bail. (CrR 3.2(d)(6)). 4. Pre-trial release officers fall to report on the factors outlined in Criminal Rule 3.2. 5. Judges fail to follow Criminal Rule 3.2 upon arrest for pre-trial release violations. See CrR 3.2(L). In the Blueprint, we identified pockets of excellence. We do so again. Superior Court Commissioner John Stine has been commended by several parties. He is responsible for the administration of Criminal Rule 3.2 for felony cases in Superior Court. He has been called upon to steer the pre-trial release decisions through the COVID-19 crisis. His decisions have been faithful to the rule. The jail population has been reduced by 40% in April and the crime rate decreased. There is no evidence that the persons released have contributed to a crime increase as had been predicted by critics. Similarly, Judge Jeffrey Smith of the Spokane County District Court has been aggressive in his role as presiding judge in implementing the spirit of CrR 3.2. He has insured that probation arrestees are promptly brought to court - typically within 24 hours - and given a proper hearing. He has insisted on giving hearings for first appearances - as required by law - even where a previous issuing judge has ordered that an arrestee be held without a hearing. He has installed his own early case resolution procedure, by routinely inquiring the status of detainees and getting them into court expeditiously. ► Bottom Line: Twenty-six different judges, as well as prosecutors, law enforcement, defense lawyers and pretrial release officers play significant roles in implementing the rule. For the first few years after the release of the Blueprint, there was simply too much lip service to the rule without a commitment to its spirit. The Courts' response to the COVID-19 crisis (including an increased use of summons and citations) has demonstrated that more faithful attention to Criminal Rule 3.2 will result in less pretrial confinement, continued community safety and effective appearance rates. The Courts bear the ultimate responsibility to enforce the Rule and should strive to follow its letter and spirit. 5.5 (9) Expand Adult Drug Court Drug Court continues to enjoy support from Superior Court. Only one Drug Court docket currently exists, with a cap of 125 participants at any given time. The Office of the Spokane County Prosecuting Attorney is interested in a post -conviction Drug Court, but there is limited capacity/resources to establish this docket. If Drug Court is to expand, another docket would need to be established with another judge and additional staff. Expansion is not currently pressing, however, since admissibility standards are still limited and funding 19 has slowed efforts to expand Drug Court. Aside from expanding Drug Court, participation has largely remained racially homogenous. Moving forward, the program should implement an equity screen to ensure that Drug Court (and all therapeutic court) participants properly represent the population of individuals facing charges/held in jail.x ► Bottom Line: Nearly no progress made under this recommendation. Efforts and investments should be made immediately to expand participation and ensure equitable referrals across various demographic factors. 5.5 (10) Conduct Independent Evaluation of All Therapeutic Court Models The City commissioned an evaluation of Community Court, which was completed by Washington State University in 2019.xi Drug Court's most recent independent evaluation was completed in 2017. ' ► Bottom Line: Relevant courts should swiftly pursue evaluations of therapeutic courts, including but not limited to Veteran's Court, Mental Health Court, ISTC Court, DUI Court. 5.5 (11) Explore Legislation that Removes Requirements and Have the Effect of Unfunded Mandates on Local Jurisdictions No progress has been made under this recommendation. ► Bottom Line: No progress. 20 5.6 PROSECUTION The Blueprint recommended investments in software, programs, alternatives to incarceration and therapeutic courts to prioritize resources and improve outcomes. The CJC met separately with City Prosecutor Justin Bingham and County Prosecutor Larry Haskell. Several agencies reported to us that the number of felony filings has strained the system. The ECR Courts, Therapeutic Courts, trial courts, jail, and public defenders have been overwhelmed by the number of filings. Spokane County files more felony cases than King County. Prosecutor Haskell has reported to us that he has no choice but to file felony cases when the probable cause is presented. We disagree. The passage of the Sentencing Reform Act (SRA) shifted substantial sentencing power to the prosecutor, since the charge of conviction became the primary determining factor in the sentence imposed. As Professor Boerner, an author of the SRA, points out: "[I]t is well established in Washington, as elsewhere, that "[p]rosecutors are vested with wide discretion in determining whether to charge suspects with criminal offenses." Boerner, Sentencing in Washington (section 12.2) Mr. Boerner further explains: As the Supreme Court has said, "We have consistently held that it is within the prosecuting attorney's discretion to file charges or refuse to charge for reasons other than the mere ability to establish guilt. He may consider a wide range of factors in addition to the strength of the state's case in deciding whether prosecution would be in the public interest." We recommend that this policy be reviewed, and that the SRA be followed on the decision to prosecute and the selection of charges. Minority view, Jim McDevitt: On this point I must disagree with my learned colleagues. As a former federal prosecutor, I am mindful of the importance of prosecutorial discretion and was never known to be "soft on crime." We have been told that felony filings have "strained the system." I submit that this is not the fault of the Prosecuting Attorney. In our introduction to the original Blueprint (1.2) we acknowledged the important role of the Prosecuting Attorney "in deciding when criminal charges should be filed ..." As well at 2.2 of the Blueprint we stated that it was our hope that our recommendations would "address reduction of crime." These are felony filings, not misdemeanors. We do not "address reduction of crime" by ignoring it. Likewise, the Prosecuting Attorney is elected to prosecute crime, not overlook it. Nor is King County any jurisdiction that we should try to emulate. The remedy here is either with the Legislature to change the criteria for certain felonies or the ballot box if the public does not like what it sees. If legitimate, provable felony filings are straining the system, supplement the system but do not give a free pass to felony criminal activity. 21 5.6 (1) City and County Prosecuting Attorney's Offices Should Provide Disclosure to Defense Counsel Immediately Upon Receipt form Law Enforcement Agencies via Centrally -Based Secure Computer System and Appropriate Software Beginning in 2015, prosecutor offices began receiving police reports electronically. The City Prosecutor can provide electronic disclosure through Justware, although the process of discovery still takes time and does not happen consistently across all cases. Private counsel receives an email with a link to discovery, which is all electronic. The County Prosecutor's Office has also moved discovery electronically. ► Bottom Line: Much improvement in this area. 5.6 (2) Spokane County Should Develop a Driving While License Suspended Diversion and Relicensing Program At the time we began to gather information for this Status Report the City and the County were jointly running a Driving While License Suspended (DWLS) Relicensing Program by means of an agreement between the two entities. That relationship is about to change for a number of reasons: First, the number of enrollees in the joint program has drastically dropped. In 2016 the joint program had 1,145 enrollees. In 2019 that number fell to 721 and in 2020 to date that number is 292. In 2020 the program was closed for 2.5 months, but even taking that into account, it can be seen that the 2020 number of enrollees will only be around one-third of the 2016 number. The drop in enrollees is due in part to diversion of DWLS 3rd criminal cases as well as an easing of the law as to which violations will result in a license suspension. Second, it appears that due to increases in domestic violence felony filings and office turnover, the County must make some tough prioritization decisions regarding programs and staffing. As a result, the County is terminating its participation with the City on December 31, 2020. The Office of the Spokane County Prosecuting Attorney indicates that it will have a form of a Relicensing Program in the future, but details are unknown at this time. Meanwhile, the City indicates that it isn't in a position to take on the full expense of running the program. This presents an unfortunate situation, since joint collaboration is the key to a successful program in this region. Even with decreased participation, the regional Relicensing Program has been very successful. Duplication of effort or programs has been the bane of criminal justice efforts in the City and County, something we criticized quite often in our original Blueprint. ► Bottom Line: A successful Relicensing Program may be severely impacted by the City and County going their separate ways. We recommend that the legislative authorities of both the County and City establish the funding that will allow the City and County to continue joint participate in a region -wide Relicensing Program. 22 5.6 (3) Spokane County Should Commission an Independent Evaluation of the Spokane County Superior Court Early Case Resolution (ECR) Program There has never been an evaluation of the ECR program. Before determining its impact, or making changes, the evaluation should be conducted. ► Bottom Line: No progress in this area. 5.6 (4) Spokane County Should Make Specific Modifications to ECR Program Based on Differentiated Case Management Best Practices There are more cases in ECR in 2019 than in 2018 — 1,124 in 2018 and 2,064 in 2019. However, there has not been any quantitative analysis of the impact and outcomes produced by this program. Simply referring more individuals into ECR, does not necessarily mean that these cases are been adjudicated more efficiently. An objective, third -party evaluation (recommended above) is needed to adequately determine the progress under this recommendation. ► Bottom Line: No progress in this area. 5.6 (5) Adult Drug Court Prosecutor Should Review Program Admissibility Standards The County Prosecutor reports that Drug Court eligibility criteria have expanded, however, it still excludes individuals charged with violent offenses and sex crimes, gang membership, and drug delivery. Prosecutors can waive individuals into the program, which may raise issues regarding arbitrary or inequitable referrals. The County Prosecutor recently tried to establish a post -conviction Drug Court, but the proposal stalled due to limited interest and/or resources across the parties. The County Prosecutor must ensure that Drug Court eligibility criteria are informed by national best practices. Additionally, the Drug Court should implement an equity screen to ensure that Drug Court (and all therapeutic court) participants are properly represent the population of individuals facing charges/held in jail.x' ► Bottom Line: Some improvement but should revisit admissibility criteria. 23 5.7 INDIGENT DEFENSE The Blueprint emphasized the need for improved access to clients in order to enhance public defense. The CJC met with Interim Director of the City Public Defender's Office Nick Antush, Director of Counsel for Defense Scott Mason, Director of the County Public Defender's Office Tom Krzyminski, Deputy Director of the County Public Defender's Office Matt Harget, and Therapeutic Court Attorney Robert Anderson. 5.7 (1) & 5.7 (2) Implementation of Efficient Communication Between Defense Lawyers and Jailed Clients In 2013 we recommended that the Indigent Defense Offices work with Detention Services to implement a video conferencing system in which counsel could meet with clients from their desks. This recommendation has not been implemented, but plans are in place for a system in which incarcerated individuals would have access to tablet computers to contact their lawyers by email and video. The defense agencies are enthused about the promise of this system. They report that the system is to be implemented in 2021. The delay is due to a contractual obligation to the current telephone provider. ► Bottom Line: The plans are promising and should be implemented with all due haste. 5.7 (3) Quick and Easy Meeting Area Access Should be Established for Use by Attorneys Visiting Client Inmates when a Face -to -Face Visit is Desired We recommended implementation of a quick and easy meeting area for use by attorneys when a face—to-face meeting with an inmate is desired. This recommendation has not been implemented. ► Bottom Line: Space for regular face-to-face meetings between lawyers and clients should be provided with all due haste. 24 5.8 DETENTION SERVICES The Blueprint identified several innovations to create a more efficient, humane, and effective system of incarceration. The CJC met with Detention Services' Director Mike Sparber. 5.8 (1) Create a Community Corrections Center This remains an excellent idea but little to no progress to date (in spite of support from a broad cross-section of leadership and community members). At present, there appears to be too much outside interference. Such a facility must be designed correctly, staffed adequately and be a good mix of safety and security, as well as the appropriate programs designed to reduce recidivism. Such design is a job is not for special interest groups, but for the experts, which can include specialists outside of local of government. Similarly, design for a new jail is for the experts, both as to size and function. We look to the Intake and Releasing project (see 5.4.2), however, as a promising first step toward establishing a Community Corrections Center. ► Bottom line: Slight progress under this initiative in light of Intake and Releasing efforts, but much work still to do. 5.8 (2) Develop Alternative Sentencing Programs, and Expand Electronic Home Monitoring to All Courts The development of alternate sentencing programs are not necessarily within the purview of Detention Services but requires input/action from courts and policymakers. Detention Services is significantly involved in managing Electronic Home Monitoring (EHM), which can serve as a great alternative, especially for a sentenced and compliant population. It is therefore important that EHM does not inadvertently exclude individuals from participating if they are unable to pay for the initiation and daily fees.`' The County and Detention Services should examine how to facilitate increased participation without shifting the cost of the alternative on its participants. Work crew can also provide an alternative to incarceration but is not used to its capacity. There are several other alternatives to incarceration implemented across the country that should be evaluated and adopted locally wherever possible.' Again, there is too much outside interference standing in the way of full use of EHM, work crew, and other alternatives. ► Bottom line: Some action on this initiative, but Detention Services has limited authority regarding referrals into EHM, work crew and alternative sentencing programs. 5.8 (3) Ensure Greater Coordination of Transportation and Scheduling Transportation remains a problem. There is a lack of coordination between Detention Services and the Courts. High volume criminal courts (Municipal, District and Superior) should be collocated and proximate to easy exits. If achieved, Detention Services management states that they could "fly 25 through the docket" in much less time than it takes now. In order to identify opportunities for increased efficiencies, the City and County should consider hiring a business analyst or other consultant to develop alternative schedules that will decrease wait times in court and increase response time by transport. ► Bottom line: No action on this initiative. Still a problem, but out of the hands of Detention Services. 5.8 (4) Ensure Proper Classification and Identification of Specialized Populations No changes or new efforts have been instituted under this recommendation. The jail continues to use the Objective Jail Classification. We recommend the jail apply a professionally recognized behavioral health screen at booking or classification to ensure individuals with behavioral health issues are swiftly identified and connected to appropriate treatment.' Although not directly responsive, it is worth noting that the Detention Services has made significant changes in response to COVID-19 to create a quarantine process for individuals booked into jail. We applaud these efforts and staffs success at preventing an outbreak in the jail to date. ► Bottom Line: No progress has been made. The jail should take swift action to ensure the behavioral health population is properly and timely identified at booking for proper housing and treatment. 26 5.9 PROBATION SERVICES The Blueprint recommended changes to probation offices at both the City and County in order to improve case management and reduce duplication of services. The CJC met with the directors of probation at the City, Michael Diamond, and the County, Shannon Koutecky. 5.9 (1) Develop Inter -local Agreement to Combine City and District Court Probation Services to Remove Duplication Both City and County opined that consolidation was possible but not probable under present conditions. There is still overlap, i.e., both City and County dealing with the same individual on different criminal matters. Current barriers to any form of consolidation include: • Large pay disparity between City and County. City Probation Officers (POs) receive over $20,000 more than County POs, thus County regularly loses POs to City increasing turnover; • Union resistance to consolidation; and • Probation Offices ultimately answer to judges and judges do not want to lose control of Probation Services. As well, implementation of new procedures and probation policies are slowed down by having to work through (satisfy) eight District Court judges and three Municipal Court judges. ► Bottom line: No action has been taken to further this initiative. 5.9 (2) Application and Use of Standardized Risk/Needs Case Management System & Use of Evidence -Based Practices Ohio Risk Assessment System (ORAS) has been fully implemented by City Probation. It is "offender centered" and seems to be working well. Training on ORAS has been conducted by County Probation and District Court aims to pilot the ORAS in early 2021. Both City and County would like to use more "swift and certain" options (i.e. jail or community service) as soon as possible. There has been some resistance to this by public defenders. ► Bottom line: Action has been taken by City on this initiative and County is catching up. 5.9 (3) Collaboration with Law Enforcement and Community Agencies This is an area that is constantly improving, especially in the Domestic Violence Task Force, GPS monitoring, etc. There is some concern that Prosecutors' Offices won't regularly call Probation Officers (POs) as witnesses in contested hearings. ► Bottom line: Much improvement in this area, but more needs to be done. 27 5.9 (4) Probation Caseloads Reduced to Workable Numbers There is a constant attempt by both City and County to reduce caseloads to workable numbers and determine appropriate levels of supervision. By using ORAS and other tools Probation attempts to determine the barriers to an outcome of changing the individual's behavior. This is done, in part, by shifting cases to administrative supervision, if possible. The City states that it is down to roughly 220 cases per PO and the County states that it is down to roughly 250 to 300 cases per PO. There exists no real program to work out situation where a defendant has cases in both Municipal and District Court and is being supervised by both City and County Probation Services. It is noted that there is some informal collaboration between individual POs if such circumstances exist. Other models, like the incentivized release model implemented by the State of Louisiana should be examined and potentially applied in Spokane. This model allows for a reduction in probation sentence when individuals are successful, allowing probation staff to reallocate resources to individuals who are in the most need of supervision, while decreasing caseloads.' ► Bottom line: Much improvement in this area. As above, it appears that consolidation is key. 28 REFERENCES For the Washington State Supreme Court's statement, see Statement from the Washington State Supreme Court, June 4, 2020, http.//www.courts.wa.gov/content/publicUpload/ Supreme%20Court%20News/Judi.ciary%20Lega1%20Community%20SIGNED%20060420.pdf. For Spokane County's Superior Court statement, see Statement from the Spokane Superior Court, 2020, https. //www.spokanecounty.org/ 4625 /Superior -Court. " Spokane Regional Law & Justice, Spokane County, https.//www.spokanecounty.org/4620/Spokane-Regional-Law- Justice. "' Criminal Justice Coordinating Committees, Nat'l Inst. of Corr., https://nicic.gov/criminal-justice-coordinating committees#:—:text=Justice%20Coordinating%20Committees- ,Criminal%20Justice%20Coordinating%20Committeessystem%20and%20its%20constituent%20agencies. The PSA is a non-proprietary risk tool validated on a national population. You can learn more about the tool here. About the Public Safety Assessment, Advancing Pre-trial Policy & Research, https://advancingpretrial.org/psa/about/. Justice Task Force, Spokane County, https.//www.spokanecounty.org/4470/Justice-Task-Force. The dashboard can be viewed at Criminal Justice Data, Spokane County, https.//www.spokanecounty.org/4248/Criminal Justice -Data. v" Community Diversion Unit, Frontier Behavioral Health, https. //www. spokanecounty.org/DocumentCenter/View/24311 /Trueblo od-ppt-pres entation-fo r-SRJLC-dis tribution- 021919. ""' About the Public Safety Assessment, Advancing Pre-trial Policy & Research, https://advancingpretrial.org/psa/about/. 'x ANNUAL REPORT, LA. DEP'T OF CORR. (2019), https://s32082.pcdn.co/wp-content/uploads/2020/01 /Fiscal-Year- 201 9-Annual-Report-FINAL-1.1 7.20.pdf. x For additional information regarding relevant screenings, please see: EQUITY & INCLUSION, NAT'L DRUG COURT INST., https://www.ndci.org/resource/training/equity/; and EQUITY & INCLUSION, NAT'L Assoc. OF DRUG COURT PROFESSIONALS https.//www.ndci.org/wp-content/uploads/2019/02/Equity-and-Inclusion-Toolkit.pdf. x' HAMILTON, ZACHARY K. ET AL, CITY OF SPOKANE MUNICIPAL COMMUNITY COURT: PROCESS AND OUTCOME EVALUATION, WASH. STATE UNIV., (AUG. 2019), https: //static.spokanecity.org/documents /municipalcourt/therapeutic/smcc-evaluation-report-2019.pdf. x" HAMILTON, ZACHARY K. ET AL, SPOKANE COUNTY BEHAVIORAL ADULT FELONY THERAPEUTIC DRUG COURT: PROCESS AND OUTCOME EVALUATION, DEC. 16. See supra, note ix. x' Prior to COVID-19 the EHM initiation fee was $25, plus $4/day paid by the individual for the duration of their monitoring. Following the pandemic, the fees were often waived to increase participation. The County should permanently waive EHM fees for indigent participants. 29 "' See Brief Jail Mental Health Screen, Policy Research Associates, https. //www.prainc.com/?product=brief-jail-mental- health-screen. X"II S ra, note viii. 30 APPENDIX tsll�tp 1Tki i tHie L tIUTt June d. 2020 Dear Members of the Judiciary and the Legal Community: We are compelled by recent events to join other state supreme courts around the nation in addressing our legal community. Thc devaluation and degradation of black lives is not a recent event. It is a persistent and systemic injustice that predates this nation's founding. But recent events have brought to the forefront of our collect'. a consciousness a painful fact that is, for too many of our citizens, common knowledge: the injustice faced by black Americans are not relics of the past. We continue to see racializcd policing and the 0.errcprescntation of black Americans in every stage of our criminal and juvenile justice systemsOur institutions remain affected by the ► cstiges of slavery: Jim Crow laws that were never dismantled and racist court decisions that ..ere never disavowed. The legal community must recognize that we all bear responsibility for this on -going injustice. and that we are capable of taking steps to address it, if only we have the courage and thc will. Thc injustice still plaguing our country has its roots in the individual and collective actions of many, and it cannot be addressed without the individual and collective actions of us all. As judges, we must recognize the role we have played in dc\ .d u L n g black I i. a.•s. This very court once held that a cemeter► could lawfully deny grieving black parents the right to bury their infant. We cannot undo ill:, ‘►tong -but we can recognize our ability to do better in the future. We can develop a greater of our own conscious and unconscious biases in order to make just decisions in indi► idual and we can administer justice and support court niles in a way that brings greater racial )u,ticc to our system as a ►thole. As lawyer and member of the bar. we must recoenirc the hairs that are caused when meritorious claims go unaddressed due to systemic inequities or the lack of financial. personal, or N► stern,, support. And we must also recognize that this is not how a justice system must operate. Too often in thc legal profession, ►► feel bound by tradition and the way things have "always" been. We must remember that even thc most venerable precedent must be struck down ►t Eicn it is incorrect and harmful. The systemic oppression of black. Americans is not merely ins t t and harmful; it is shameful and deadly. 31 Ntentbers of the Judiciary and the Legal Community -- June 4. 2020 Page 2 Finally, as individuals, we must recognize that systemic racial injustice against black Americans is not an omnipresent specter that will inevitably persist. 11 is the collective product of each of our individual actions —every action, every day. it is only by carefully reflecting on our actions, taking individual responsibility for them, and constantly striving for better that we can address the shameful legacy we inherit. We call on every member of our legal community to reflect on this moment and ask ourselves how we may work together to eradicate racism. As we lean in to do this hard and necessary work, may we also remember to support our black colleagues by lifting their voices. Listening to and acknowledging their experiences will enrich and inform our shared cause of dismantling systemic racism. We go by the title of "Justice" and we reaffirm our deepest level of commitment to achieving justice by ending racism. We urge you to join us in these efforts. This is our moral imperative. Sincerely, LT. Debra L. Stephens. Chief Justice Susan Owens, Jt Charles W. Johnson, Justice vt-Za t Steven C. Gonzalez, Justice Barbara A. Madsen. Justice (a Sheryl Gordon McCloud, Justice Aii4147/4•/W5(e k �. Mz l%Yu. Jos' Raquel Montoya- Le►.i , G. Helen Whitener, Justice Justice 32 Dear Members of the Spokane County Community, The judicial officers of Spokane County Superior Court each swear an oath to support the Constitution of the United States and of the State of Washington. We are charged to faithfully and impartially discharge the duties of office to the best of our ability. Our Code of Conduct recognizes that the judiciary plays a central role in preserving the principles of justice and the rule of law that is the basis of our United States legal system. This code also requires that we avoid comment in -order to maintain the neutrality demanded of us and to avoid the appearance of endorsing a position on an issue that might come before us. In the face of recent reminders of the persistent devaluation and degradation of Black lives in America, we believe in the importance of not maintaining our silence in this instance. There can be no debate that the constitutions we are sworn to uphold are intended to make all of us equal in the eyes of the law. It is with painful awareness that we acknowledge shortcomings that have resulted in systemic racial injustice against Black Americans and Black citizens of our state and county. It is with candid honesty that we recognize the role that the courts have played in these injustices. We must be better about recognizing shortcomings in ourselves, in our systems and in our leaders. It is only then. that we can roil up our collective sleeves and begin the hard work of instituting and institutionalizing real change. We do not claim to possess immediate answers to longstanding questions. We do, however, pledge to listen better, do better, and be better, when and where we can. to eradicate racism and establish systemic reforms in our justice system. Sincerely, Spokane County Superior Court 33 NO. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF MODIFYING SPOKANE COUNTY RESOLUTION NOS. 14-0392, 15-0849, 17-0259, 18-0209 and 18-0912 WHICH RE-ESTABLISHED THE SPOKANE COUNTY LAW AND JUSTICE COUNCIL RESOLUTION WHEREAS, pursuant to the provisions of the RCW 36.32.120(6), the Board of County Commissioners of Spokane County, Washington (sometimes hereinafter referred to as the "Board" or "Board of County Commissioners") has the care of County property and the management of County funds and business; and WHEREAS, pursuant to RCW 72.09.300, every county legislative authority shall by resolution or ordinance establish a local law and justice council; and WHEREAS, pursuant to RCW 72.09.300(1), the county legislative authority shall determine the size and composition of the law and justice council, which shall include certain individuals in identified positions; and WHEREAS, in 2013 the Spokane Regional Criminal Justice Commission, consisting of the Honorable James Murphy (Retired), James McDevitt, and Phillip Wetzel, authored a document entitled "A BLUEPRINT FOR REFORM" which document was structured to allow an overview of the current criminal justice system operations, acknowledgment of work to date, followed by a set of recommendations for governance, reform and research; and WHEREAS, Recommendation 5.1(2) of A BLUEPRINT FOR REFORM provided as follows: ; and Recommendation 5.1(2) Re-establish the Law and Justice Coordinating Committee and supporting workgroups WHEREAS, pursuant to the provisions of RCW 36.32.120(6), RCW 72.09.300 and Recommendation 5.1(2) of A BLUEPRINT FOR REFORM, the Board of County Commissioners re-established the Law and Justice Council under Spokane County Resolution No. 14-0392 and further modified the composition/provisions of Resolution No. 14-0392 under Resolution Nos. 15- 0849, 17-0259, 18-0209 and 18-0912; and WHEREAS, pursuant to the provisions of Resolution No. 19-1347, the Board of County Commissioners reconvened the Spokane Regional Criminal Justice Commission to provide a Page 1 of 8 status report on the recommendations set forth in A BLUEPRINT FOR REFORM; and WHEREAS, consistent with Resolution No. 19-1347, the Spokane Regional Criminal Justice Commission authored a document entitled "THE BLUEPRINT FOR REFORM — STATUS REPORT (October 2020)". The STATUS REPORT document addressed Recommendation 5.1(2) of A BLUEPRINT FOR REFORM as follows: ; and 5.1(2) Re-establish the Law and Justice Coordinating Committee & Supporting Workgroups. The Spokane Regional Law & Justice Council (SRLJC) and its committees were reestablished shortly after the Blueprint's publication. Since then, the Council has clarified that it is strictly an advisory body (consistent with RCW 72.09,300 and SRLJC bylaws) and cannot manage, direct, or implement initiatives. Although we commend the efforts of the SRLJC, the body has struggled to live up to its original charge due to the unwieldy number of participants, internal disagreement over the Council's purpose and authority, and ongoing public scrutiny. As a result, local jurisdictions have established and disbanded a slew of other committees, task forces, and working groups over the past several years in order to manage and move projects forward. In many cases, such committees have been productive, but in other cases, they have thwarted centralized communication, planning, and public transparency. Moving forward, the CJC recommends shifting or replacing the SRLJC with a Criminal Justice Coordinating Committee, as endorsed by the National Institute of Corrections. ➢ Bottom Line: The SRLJC struggled to grow into an agile and effective working group necessary to catalyze change. County Commissioners and other officials should seriously consider replacing the SRLJC with a Criminal Justice Coordinating Committee. WHEREAS, the Board of County Commissioners has considered the recommendation of the Spokane Regional Criminal Justice Commission with respect to replacing the SRLJC with a Criminal Justice Coordinating Committee as endorsed by the National Institute of Corrections. The Board recognizes that if they establishment of a Criminal Justice Coordinating Committee as endorsed by the National Institute of Corrections under a code county, such as Spokane County, such Coordinating Committee would only be able to provide recommendations to elected officials or political subdivisions involved in the criminal justice system. As such, instead of duplicating the efforts of the SRLJC by the creation of a Criminal Justice Coordinating Committee, the Board of County Commissioners believes that it is more appropriate to address the Regional Criminal Justice Commission's recommendation regarding the "unwieldy number of participants" in the SRLJC by reducing membership is the SRLJC thus fostering a stronger approach to addressing the charge of the SRLJC. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Spokane County, Washington, pursuant to the provisions of: Page 2 of 8 (1) RCW 36.32.120(6), (2) RCW 72.09.300, and (3) "THE BLUEPRINT FOR REFORM — STATUS REPORT (October 2020)"-"5.1(2) Re-establish the Law and Justice Coordinating Committee & Supporting Workgroups" that the Board of County Commissioners does hereby modify Spokane County Resolution No. 14- 0392, as modified by Resolution Nos. 15-0849, 17-0259, 18-0209 and 18-0912 as more particularly set forth in Attachment "A", attached hereto and incorporated herein by reference. The provisions of this Resolution shall supersede and replace Spokane County Resolution No. 14-0392 as modified by Resolution Nos. 15-0849, 17-0259, 18-0209 and 18-0912. All Committees and Workgroups established under the superseded and replaced Resolutions shall cease unless reestablished by the Board of County Commissioners upon its own action or the request of the Committee as provided for in Section 8 of Attachment "A". BE IT FURTHER RESOLVED by the Board of County Commissioners of Spokane County, Washington, that this Resolution shall be effective as of the date passed and adopted by the Board of County Commissioners. PASSED AND ADOPTED this day of , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON JOSH KERNS, Chair MARY L. KUNEY, Vice -Chair Ginna Vasquez AL FRENCH, Commissioner Clerk of the Board Page 3 of 8 ATTACHMENT "A" (Underlined highlighted language added, lined out highlighted language deleted.) Section 1: ESTABLISHMENT OF THE SPOKANE COUNTY LAW AND JUSTICE COUNCIL AND ADMINISTRATIVE COMMITTEE CRIMINAL JUSTICE COORDINATING COMMITTEE There is created a board local law and justice council, to be known as the Spokane County Regional Law and Justice Council, Criminal Justice Coordinating Committee hereinafter referred to as the "Council" "Committee", which shall supersede and repeal all prior measures regarding bodies established pursuant to RCW 72.09.300. The Council Committee shall have the following composition as (the 13 italicized members are required by RCW 72.09.300): a. Three (3) mcmbcrs of the Spokane County Board of County Commissioners scicctcd by the Board of County Commissioners; b. Spokane County Sheriff; c. A representative of Municipal Police Departments to be selected by the Municipal Police Departments; d. Spokane County Prosecutor; e. A representative of Municipal Prosecutors to be selected by the Municipal Prosecutors; f. City of Spokane Council Member to be scicctcd by the Spokane City Council; g. A representative of the City Legislative Authorities, other than the City of Spokane, to be selected by the City Legislative Authorities; h. A representative of Spokane County Superior Court to be selected by the Spokane County Superior Court; i. A representative of Spokane County Juvenile Court to be selected by the Spokane County Superior Court; j. A representative of Spokane County District Court to be selected by the Spokane County District Court; k. A representative of Municipal Courts to be selected by the Municipal Courts; 1. Spokane County Jail Administrator (Detention Services Director); m. Spokane County Superior Court Clerk; n. Spokane County Risk Manager; and o. Secretary of Corrections_; p. Spokane County Public Defender; q. City of Spokane Mayor; r. Spokane County Prc Trial Services Director; Page 4 of 8 s. A representative of the Spokane Municipal Court to be scicctcd by the Spokane Municipal Court t. City of Spokane Chief of Police; u. Four (4) at large mcmbcrs representing the general population, to be scicctcd by the Board of County Commissioners. The Council Strategic Planning Workgroup will be responsible for generating an updated list of regional criminal justice reform priorities every time a vacancy occurs in anyone of the four (4) at large mcmbcrs. This updated list will be shared with the Board of County Commissioners prior to posting any vacancies in any one of the four (4) at large member positions; and v. Such other member(s) as the Board of County Commissioners may hereinafter determine to be beneficial. Any elected member of the Committee who is a representative of his/her body shall be rotated on an annual basis within its membership. Provided, any representative may waive his/her right to be a member of the Committee in any rotation without waiving his/her right to be a member of the Committee in any future rotation. Any member of the Council Committee may in writing appoint a designee. A designee from a representative body shall be from the representative body. All designees shall be speaking representatives on behalf of the member and a voting member on any matter coming before the Council Committee. There is also created a Spokane Regional Law and Justice Administrative Committcc, herein after referred to as the "Administrative Committed", which will have up to a maximum of seven (7) mcmbcrs. The Administrative Committcc shall be mcmbcrs of the Council and have the following composition: The two (2) mcmbcrs of the Spokane County Board of County Commissioner; b City of Spokane Mayor; City of Spokane Council Member to be scicctcd by the Spokane City Council; 4, A representative of Spokane County Superior Court; and Up to two (2) additional mcmbcrs. The role of the Administrative Committcc is to (1) receive the process, policy, administrative and budgetary recommendations of the Council, (2) analyze, authorize and implement resource allocations in alignment with those priorities and (3) advocate for priority reforms recommended by the Council mcmbcrs and the community at large. Section 2: PURPOSE The purpose of the Council Committee is to provide a permanent on -going forum and structure to coordinate and enhance the administration of justice in Spokane County. Page 5 of 8 Section 3: TERMS The terms of the members of the Council and Administrative Committee who are by a selecting authority, elected shall run as long as such individual retains the prerequisite elected position. The terms of members of the Council and Administrative Committee who are designated by a selecting authority shall be rotated as provided for in Section 1 above. renewed by the selecting authority every four (4) years_ Provided, further, the terms of the (4) four at large members, except as provided for herein after, shall be (4) four years and staggered so that a new at large member is appointed every year. The initial terms of at large mcmbcrs shall be as follows; at large mcmbcr Position No.1, (4) four years terminating in October 2019; at large mcmbcr Position No. 2, (4) four years terminating in October 2020; at large member Position No. 3, (4) four years terminating October 2021, at large mcmbcr Position No.4, (5) years terminating in October 2022. The clerk of the Board of County Commissioners shall by lot determine which not designated selecting authority has the ability to designate a different representative provided that the underlying qualifications for the position arc satisfied. Members may be removed by their selecting authority. Except in the case of removal, each member shall continue to serve until a successor has been appointed. Any non -elected official member shall have a four-year term. Section 4: COMPENSATION Members of the Council and Administrative Committee shall serve without compensation and/or per diem of any kind or nature whatsoever, including compensation for travel to and from the usual places of business to the place of a regular or special meeting of the Council or Administrative Committee. Section 5: MEETINGS, RULES AND REGULATIONS The Council and Administrative Committee shall hold meetings as deemed necessary by the Chairperson or a majority of the Council or Administrative Committee. respectively. Provided, however, the Committee shall meet at a minimum twice annually. The Council and Administrative Committee may adopt rules and regulations governing the transaction of business. The Council and Administrative Committee shall keep public records of all actions as may be required by applicable laws. All meetings of the Council and Administrative Committee shall be open and accessible to the public as provided by law. A quorum for doing business by the Council or Administrative Committee shall be established by the presence of at least 50% of the members or their authorized designees either in person or telephonically. Section 6: OFFICERS The chairperson of the Council Committee shall be selected a Spokane County Board of County Commissioner mcmbcr as designated by the Board of County Commissioners Committee on an Page 6 of 8 annual basis in January by a simple majority vote of a quorum of voting members. The vice chairperson of the Council Committee shall be selected by the Council Committee on an annual basis in January by a simple majority vote of the a quorum of the voting members. The chairperson and vice chairperson of the Administrative Committcc shall be selected by the Administrative Committcc on an annual basis in January by a simple majority vote of a quorum of the voting members. The chairpersons) shall preside over all meetings, and in the absence of such chairperson, the vice -chairperson shall preside. Section 7: MISSION STATEMENT The mission of the Council Committee is to create and sustain a cost-effective regional criminal justice system that builds a healthy and strong community by fostering the best possible outcomes for the community which are consistent with the law and community objectives of public safety, accountability, just punishment, appropriate treatment and increase public awareness so as to reducing reduce recidivism and increasing increase system collaboration. Section 8: POWERS AND DUTIES The Council Committee, in conjunction with carrying out the above mission statement, shall make recommendations to the appropriate elected officials and the Administrative Committcc on the following issues: (a) Maximizing local resources including personnel and facilities, reducing duplication of services, and sharing resources between local and state government in order to accomplish local efficiencies without diminishing effectiveness; (b) Reviewing data and reports with a goal of ensuring that departments arc reducing recidivism, increasing program completion, engaged in more efficient practices, generating cost savings, expediting cases when appropriate, and contributing to a reduction in crime; (c) Jail management; (d) Mechanisms for communication of information about offenders, including the feasibility of shared access to databases; and (e) Partnerships between the department and local community policing and supervision programs to facilitate supervision of offenders under the respective jurisdictions of each and timely responding to an offender's failure to comply with the terms of supervision and (4) Developing a Local Law and Justice Plan for Spokane County. The Council shall design the elements and scope of the Plan, subject to final approval by the Spokane County Board of County Commissioners. The general intent of the Plan shall include seeking means to maximize local resources, reduce duplication of services, and share resources between local and state government. Page 7 of 8 The Council Board of County Commissioners on request of the Committee, or on its own action may establish temporary advisory work groups and/or subcommittees to assist the Committee in carrying out its powers and duties as outlined above. The Council Committee has no authority to appropriate / expend any moneys or execute any agreements. Section 9: STAFF SUPPORT Spokane County shall provide staff support for the Council and Administrative Committee as is deemed necessary. Page 8 of 8 April 13, 2021 Honorable Josh Kerns, Chair Board of County Commissioners 1116 W Broadway Avenue Spokane, WA 99260 Honorable Al French, Commissioner Board of County Commissioners 1116 W Broadway Avenue Spokane, WA 99260 SPOKANE CriY of SPOKANE 808 NV. SperK NE RAr.is i3r.vn. SpoKANE. WAstuvc;r.an 99201-3327 509.625.6250 Honorable Mary L. Kuney, Vice Chair Board of County Commissioners 1116 W Broadway Avenue Spokane, WA 99260 Re: Spokane Regional Law and Justice Counsel Dear Commissioners: We are writing to you regarding proposed changes to the structure of the Spokane Regional Law and Justice Council (SRLJC). These proposed changes would dramatically alter the composition of the SRLJC and lead to the exclusion of nearly all current City of Spokane representatives. The proposal would also remove all community representatives and important system actors, such as the County Public Defender and Director of Pre -Trial Services. "These are important voices as we work to evolve the system to meet current community needs and the magnitude of the impact of these changes concerns us greatly. We would respectfully request the Board not adopt the proposal as currently drafted. For many years, our community has been actively engaged in a process of reforming the criminal justice system. These efforts started in earnest upon the publication of the Blueprint for Reform in 2013. One of the key ways we have coordinated these reform efforts is through the SRLJC. Actual reform that results in lower costs, reduced crime and better outcomes requires everyone to work beyond jurisdictional lines and institutional silos. The SRLJC has created a structure that allows collaboration to flourish. One of the unique qualities of the current SRLJC is the inclusion of a variety of community voices. Identifying, proposing and implementing effective strategies to achieve better outcomes is best achieved by gaining broad community perspective as we develop solutions that address community needs. The inclusive nature of the SRLJC provides the ability for multiple voices to be heard. One of the strongest criticisms of the SRLJC is the lack of progress on key initiatives in the last few months. While the challenges of the COVID-19 crisis are no excuse for inaction, the pandemic has laid bare the limits of a large body to act and react in certain situations. The solution to charting a way forward is not through wholesale changes to the composition of the council, but through careful and deliberate recalibration of its organization and governance. The Spokane County Commissioners April 13, 2021 Page 2 SRLJC has brought together an exceptional group of subject matter experts and community representatives. We should use their skills and expertise by empowering small committees to design and flesh out proposals, which can then be presented to the full council for analysis, review and ultimate implementation. By using smaller, focused committees, the SRLJC will be a stronger and more efficient body. Ultimately, the decision on changes to the composition and structure of the SRLJC lies solely with the County Commission. Since the SRLJC was revived in 2014, the County Commission has shown tremendous support to the mission of the SRLJC. In order to continue the important work of reforming our regional criminal justice system, it is important to continue to collaborate across jurisdictional boundaries. With changes to the organizational and governance structures of the SRLJC, the current membership of the council can be maintained while allowing for more ability to deliver positive changes to everyone engaged in the criminal justice system. Thank you for taking the time to consider our perspective. As always. we would be happy to talk further with you about this issue if you would like. Very truly yours, Nadine Woodward, Mayor Breean Beggs, City Council President Michael C. Ormsby, City Attorney Justin H. Bingham, City Prosecutor C: The Honorable Larry Haskell, Spokane County Prosecuting Attorney Maggie Yates, Spokane Regional. Law and Justice Administrator The Honorable Ozzie Knezovich, Spokane County Sheriff CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 27, 2021 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Title 24 Building Code Regulations Code Text Amendment— CTA-2020- 0004. GOVERNING LEGISLATION: SVMC 17.80.150, SVMC 19.30.040, SVMC 24.40, SVMC 24.50, RCW 19.27.031, RCW 19.27.040, and RCW 36.70A.106. PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: CTA-2020-0004 is a City -initiated code text amendment (CTA) to modify Chapters 24.40 and 24.50 of the Spokane Valley Municipal Code (SVMC) to update relevant code references and add clarifying language for consistency throughout the SVMC and other adopted codes. Title 24 adopts the Washington State Building Codes and amendments to such code per Revised Code of Washington (RCW) 19.27.031 and 19.27.040. The 2018 editions of the International Building Code, International Residential Code, International Mechanical Code, International Fire Code, Uniform Plumbing Code, Washington State Energy Code, and portions of the International Wildland Urban Interface Code, including amendments, became effective throughout Washington State on February 1, 2021. The amendment will align the language of Title 24 SVMC with the State adoption of the Codes discussed above, to implement local amendments including the adoption of portions of the 2018 International Property Maintenance Code and International Fire Code Appendix Chapters B, C, and D, and to implement clarifying language related to permit expiration and land disturbance permits. Staff will discuss the regulations as they exist and discuss the proposed code changes presented for consideration. The Planning Commission (Commission) conducted a study session on the proposed CTA at the March 11, 2021 meeting. On March 25, 2021, the Commission conducted a public hearing and deliberations. At that meeting, the Commission voted 5-2 to recommend to the City Council that CTA-2020-0004 be approved. On April 8, 2021 the Commission adopted Findings and Recommendation. OPTIONS: Consensus to proceed with an ordinance first reading to amend Title 24 as proposed by the Planning Commission or further modified, or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Council consensus to proceed with an ordinance first reading to amend Title 24 as proposed by the Planning Commission or further modified. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Jenny Nickerson, Building Official, Community and Public Works Dept. ATTACHMENTS: PowerPoint Presentation; 1. Draft CTA-2020-0004 code text language 2. Planning Commission's Findings of Fact and Recommendation 3. Planning Commission Meeting Minutes: 3/11/2021, 3/25/2021 and 4/8/2021 4. Staff Report CTA-2020-0004 Title 24 Updates Code Text Amendment CTA-2020-0004 City Council Administrative Report April 27, 2021 Jenny Nickerson, Building Official Spokane Valley° Application Processing . <SG' <‘ 4Z% o ezt •44. ,a�, ;�, ,��, ,�4` Study �C�O�O qSC` ti Ci '� Session q I., le, s1/4 NN, icy C) N 0 k(-I .40 e NOI2.'C di e •cs.',% a v* &el �w ib � q Public Hearing (0SL Ordinance Findings of 0%6 Reading Fact Ordinance Reading Background ➢ 2018 editions of International Codes effective throughout Washington State on February 1, 2021. 2018 editions, with amendments, are now the Washington State Building Code pursuant to RCW 19.27.031. 2015 editions became effective in Washington on July 1, 2016. Cities and counties may amend the state building code but may not reduce minimum performance standards (RCW 19.27.031 and 19.27.060(1)). Code Text Amendment details Proposed changes predominantly `housekeeping'. Current SVMC is reasonably consistent with RCW 19.27 but includes outdated WAC references. Proposed amendment also intended to align SVMC 24.40 (building) and SVMC 24.50 (land disturbance) language for permit processing consistency. Discussion ➢ Consensus to move the CTA forward to Ordinance 1st Reading; As recommended by Planning Commission; Modify the request; or Take other action deemed appropriate Questions Attachment 1 Chapter 24.40 CODES ADOPTED Sections: 24.40.010 General. 24.40.020 Specific. 24.40.030 Local administrative provisions. 24.40.040 Local amendments to the adopted codes. 24.40.010 General. A. The adopted codes shall se re_ lations apply to any structure, equipment, or activity as provided re elated by the herein adopted code;,. All referenced codes are available for viewing- at the City permit center. B. All projects submitted for review and approval must conform to the requirements of this title. 24.40.020 Specific. A. Pursuant to chapter 19.27 RCW, 19.27A RCW, and chapter 51-50 WAC, there is adopted and in effect within the City the Washington State Building Code, as presently constituted or subsequently amended, together with all amendments and additions provided in this Title 24 SVMC. The adopted code includes: 1. The International Building Code, current adopted Edition, as published by the International Code Council, Inc., including Washington State Amendments (chapter 51-50 WAC); 2. International Residential Code, current adopted Edition, as published by the International Code Council, Inc., including Washington State Amendments (chapter 51-51 WAC); 3. International Energy Conservation Code, current adopted Edition, as published by the International Code Council, Inc., including Washington State Amendments (chapters 51-11C and 51-11R WAC); 4. International Mechanical Code and the International Fuel Gas Code, NFPA 58 and NFPA 54, current adopted Editions, as published by the International Code Council, Inc., including Washington State Amendments (chapter 51-52 WAC); 5. International Fire Code, current adopted Edition, as published by the International Code Council, Inc., including Washington State Amendments (chapter 51-54A WAC); and 6. Uniform Plumbing Code and Uniform Plumbing Code Standards, current adopted Edition, as published by the International Association of Plumbing and Mechanical Officials, including Washington State Amendments (chapter 51-56 WAC). The following- codes, as presently constituted or subsequently amended by the state of Washington, all as amended, added to, or excluded in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the City: A. Chapter 51 11 WAC Washington State Energy Code. B. Chapter 51 19 WAC Washington State Historic Building -Code. C. Chapter 51 50 WAC State Building -Code Adoption and Amendment of the International Building Code;_ including Appendix Chapters E, F, G, I, and J and ICC ANSI A 117.1 and the International Existing -Building -Code. D. Chapter 51 51 WAC State Building -Code Adoption and Amendment of the International Residential Code, ; including Appendix Chapters F, G, H, and J. E. Chapter 51 52 WAC State Building -Code Adoption and Amendment of the International Mechanical Code, the International Fuel Gas Code, NFPA 58 and NFPA 51. CTA-2020-0004 (Title 24 updates) Page 1 of 14 March 3, 2021 draft final vl F. Chapter 51 51A WAC State Building- Code Adoption and Amendment of the International Fire Code, G. Chapter 51 56 WAC State Building- Code Adoption and Amendment of the Uniform Plumbing- Code. H. Chapter 51 57 WAC State Building- Code Adoption and Amendment of Appendices A, B and I of the Uniform Plumbing- Code. I. The 2009 International Plumbing Code; in the event of conflicts with the State Plumbing Codc adoption of the Uniform Plumbing- Code, the state code will prevail. Such conflicts will be reviewed and a determination issued by the building -official or their desig-nee. 41314. The City hereby adopts the 208189 Edition of the International Property Maintenance Code, current adopted Edition, as published by the International Code Council, Inc., except Sections 106, 111, 302.3, 302.4, 302.8,48,3; 304.2, 304.8, 304.13 through 304.149, 305.3, 305.6, 308, 309.2 through 309.5, 404.1, 506.3, 507, and 606 are not adopted. The adopted International Property Maintenance Code is further hereby amended as provided in this Title 24 SVMC. The adopted International Property Maintenance Code is in addition and supplemental to any and all other adopted codes and regulations, and applies to any and all existing structures and premises; equipment, facilities and fixtures; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators, and occupants; and occupancy of existing premises and structures; and such other matters as contained therein. 24.40.030 Local -administrative provisions. A. The administrative provisions contained in the codes adopted in SVMC 24.40.020 shall apply unless specifically amended by this section or SVMC 21.10.010Title 24 SVMC. B. The following provisions amend all codes adopted by SVMC 24.40.020. Any provisions related to fees, time limitation of application and permit expiration in any of the codes adopted in SVMC 24.40.020 are not adopted, including but not limited to International Building Code subsections 105.3.2 and 105.5 as adopted by Chapter 51-50 WAC, and International Residential Code subsections R105.3.2 and R105.5 as adopted by Chapter 51-51 WAC. C. Projects subject to regulation under this chapter vest to the state code edition under which a complete application was accepted. 1. Time Limitation of Application. Applications are valid for a minimum of one year. One or more extensions of time may be granted for a term of not more than at least 180 days but shall not exceed the time remaining in the code cycle to which the application is vested. Any request for extension shall be made in writing. All permit applications regulated by this title shall be deemed to be abandoned and become null and void if a permit is not issued within the time limitsatieas described herein. a. Applications that have expired subject to this section have no vested right to review under the state code or Spokane Valley Municipal Code in effect at the time of original complete application. b. For review to continue on a project for which the application has expired, a new permit application must be submitted and a new fee paid. The application is subject to the processes and requirements of the Spokane Valley Municipal Code as constituted at the time of the new application. The scope of application submittal requirements and review process shall be determined by the city manager or designee. 2. Expiration of Permits. Every permit issued subject to this section shall expire and become invalid unless the work authorized by such permit is commenced within two years of issuance. One or more extensions of time may be granted for a term of at leastnot more than 180 days but shall not exceed the time remaining in the first full code cycle after the code cycle to which the permit is vested. Any such extension shall be requested in writing. A permit issued subject to this section shall expire and become invalid if the work authorized by the permit is not completed within two years after the first required inspection has been made. CTA-2020-0004 (Title 24 updates) Page 2 of 14 March 3, 2021 draft final vl a. Permits that have expired subject to this section have no vested right to review under the Spokane Valley Municipal Code in effect at the time of original complete application acceptance. b. When a permit expires and the work authorized by the expired permit is not completed, the remaining work may continue only after a new permit application for the remaining work has been submitted, approved, and new fees paid. The scope of permit review and fee amount shall be determined by the eCity mManager or designee. The fees shall be set to cover actual City costs for services. c. Compliance Actions. If a permit issued to resolve a code violation expires subject to this section, the property owner may be subject to the immediate imposition of penalties and remedies authorized by the Spokane Valley Municipal Code. 3. Permit Ownership. Ownership of a permit issued pursuant to this title inures to the property owner. If the permit applicant is not the property owner, the applicant shall be held to be an agent of, and acting on behalf of, the property owner. 4. Fees and Fee Refunds. Application and permit fees shall be collected or refunded subject to the provisions of the currently adopted Spokane Valley master fee schedule. A permit shall not be valid until the fees prescribed by the Spokane Valley master fee schedule have been paid in full. The building official may authorize the refunding of fees in the manner and for the amounts set forth in the currently adopted Spokane Valley master fee schedule. 5. Work Commencing Before Permit Issuance. Any person who commences any work on a building structure, electrical, gas, mechanical or plumbing system, before obtaining necessary permits, shall be subject to an investigation fee in accordance with the current City of Spokane Valley master fee sschedule— established by the poverninauthority for such work. The investigation fee shall be equal to and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish any right to a permit. 24.40.040 Local amendments to the adopted codes. The City hereby amends the adopted State Building Code as follows: A. The International Building Code. 1. Amend Section 105, Permits, as follows: a. Section 105.2, Work exempt from permit, Building: 1. to read as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses provided the floor area does not exceed 200 square feet (11.15 m2). b. Section 105.2, Work exempt from permit, Building: Item 6. to read as follows: Item 6. Decks, sidewalks and driveways not more than 30 inches (762 mm) above the lowest adjacent ground level within six feet horizontally of the edge of the deck, sidewalk or driveway and where a guardrail is not required by other sections of this code, and not over any basement or story below and are not part of an accessible route. 2. Amend Section 1613, Earthquake loads, as follows: a. Add a sentence to subsection 1613.1, Scope, as follows: The minimum seismic design category shall be C. CTA-2020-0004 (Title 24 updates) Page 3 of 14 March 3, 2021 draft final vl B. The International Residential Code. 1-Replace Table R301.2(1), Climatic and Geographic Design Criteria, with the following: GROUND WIND DESIGN SEISM! SUBJECT TO DAMAGE WIN TER DESI GN TEM P. ICE BARRIER FLOG AIR FREEZ MEA N ANN UAL TEMP SNOW C DESIG FROM D HAZA LOAD * Weathe Frost Termit UNDERLA ING INDE X Ultima Topogr Spec Windb N CATEG YMENT RDS to aphic ial orne 1. line depth e REQUIRED Design effects wind debris ORY Speed regio region m h n * 39 Ibs/ft2 110 *Nomi No No No C Severe 24" Slight 10°F Yes 2010 1232 47.2° F *Roof to Moder FIRM Snow Load: nal Design min. 30 ate Ibs/ft2 Speed: 85 MANUALJ DESIGN CRITERIA' Elevation Latitude Winter Summer Altitude Indoor design Design Heating heating cooling correction temperature temperature temperature factor cooling difference 2001 47°N 7°F 89°F 0.94 72°F 75°F 65°F Cooling Wind velocity Wind velocity Coincident wet Daily range Winter Summer temperature heating cooling bulb humidity humidity difference 14°F 15 MPH 7.5 MPH 61 High 30% 50% 'Manual J Design Criteria may be based on site -specific data in accordance with the Washington State Energy Code. 24. Addmend a subsection to Section R310.2.5, Emergency escape and rescue openings, as follows: R310.2_54 Replacement of emergency escape and rescue openings except for replacement of glazing only in such windows shall be of the size required by this section. 34. Amend Section R322, Flood -resistant construction, as follows: a. Modify R322.1, General, to add municipal code reference and read as follows: All development in whole or in part within a designated floodplain shall comply with SVMC chapter 21.30 SVMC and be designed and constructed in accordance with the provisions contained in this section. b. Add a sentence to subsection R322.1.4, Establishing the design flood elevation, such that the section reads as follows: The design flood elevation is equal to base flood elevation plus one (1) foot. The design flood elevation shall be used to define areas prone to flooding, and shall describe, at a minimum, the base flood elevation at the depth of peak elevation of flooding (including wave height) which has a 1 percent (100-year flood) or greater chance of being equaled or exceeded in any given year. c. Delete item 1 in subsection R322.2.1, Elevation requirements, as amended by Washington State, and replace with a new item 1 to read as follows: CTA-2020-0004 (Title 24 updates) Page 4 of 14 March 3, 2021 draft final vl Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above base flood elevation plus one foot. d. Delete item 43 in subsection R322.2.1, Elevation requirements, as amended by Washington State, and replace with a new item 43 to read as follows: 4Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus one foot. e. Add a second paragraph to Section R322.3.96, Construction documents, to read as follows: The documents shall include a verification of foundation elevation prior to footing inspection approval and a verification of lowest floor elevation to be base flood elevation plus one foot prior to framing inspection approval. C. The International Mechanical Code and the International Fuel Gas Code. Reserved. D. The International Fire Code. 1. Adopt Appendix B Fire Flow Requirements for Buildings. 2. Adopt Appendix C Fire Hydrant Locations and Distribution. 1. Amend Appendix C to add an exception after the last paragraph in Section C105.1, Hydrant spacing as follows: Exception: The fire chief is authorized to reduce the number of required hydrants by up to 50% when the building- is equipped with an approved, automatic fire sprinkler system and the fire chief has approved the location of those required fire hydrants. 32 Adopt Amend Appendix D Fire Apparatus Access Roads;; amend Section D101.1, to read as follows: D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code including the provisions of Section 503 Fire Apparatus Access Roads. E. The Uniform Plumbing Code. Reserved. F. The 2009 International Plumbing Code. Reserved. GF. The International Existing- Building- Code. Reserved. GI4. The 200918 2018-International Property Maintenance Code. 1. Amend Section 202, General definitions, by adding the following definitions: identified by the Chief of Police, wherein or upon which the manufacture, distribution, production or storage of inept drubs or the precursors to create illebal drubs has taken place in a manner which could endanger the public. i. Blighted property. A property, dwelling, building, or structure which constitutes blight on the surrounding neighborhood. "Blight on the surrounding neighborhood" is any property, dwelling, building, or structure that meets any two of the following factors: i. A dwelling, building, or structure exists on the property that has not been lawfully occupied for a period of one year or more; CTA-2020-0004 (Title 24 updates) Page 5 of 14 March 3, 2021 draft final vl ii. The property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the executive authority of the CityCity manager or designee; iii. The property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. b. Drug properties and structures. Any building, structure and/or associated property, identified by the Chief of Police, wherein or upon which the manufacture, distribution, production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public. 2. Amend Section 202, General definitions, by deleting the following definitions: a. Garbage; b. Housekeeping unit; c. Inoperable motor vehicle. 3. Amend Section 108, Unsafe structures and equipment, as follows: a. Add a new subsection 108.8, Blighted properties, to read as follows: In conformance with RCW 35.80A.010, the City may acquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the surrounding neighborhood. Prior to such condemnation, the City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use. ub. Add a new subsection 108. 6 9 Drug properties and structures, to read as follows: Drug properties and/or structures are declared to be unsafe properties or structures and are a classification of property subject to the special procedures set forth in Section 108.68. The Building Official is authorized to abate such unsafe buildings, structures, and/or associated properties in accordance with the procedures set forth in this code and Washington statute, RCW 61.11.010chapter 64.44 RCW, with the following additional actions: i. Due to public safety hazard in drug production facilities, all public and private utilities shall be disconnected. ii. Building(s) and structures shall be inspected to determine compliance with all City ordinances and codes. iii. Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code. iv. Reconnection of utilities or occupancy of the building(s), structures or property shall not be allowed until all violations have been addressed, all dangerous conditions abated and a notice of release for re -occupancy has been received from the health department and sheriff's office. CTA-2020-0004 (Title 24 updates) Page 6 of 14 March 3, 2021 draft final vl v. If dangerous conditions cannot be abated, occupancy shall be prohibited and the structure and/or property may be subject to condemnation pursuant to RCW 35.80A.010, Condemnation of blighted property. b. Add a new subsection 108.7, Blighted properties, to read as follows: In conformance with RCW 35.80A.010, the City may acquire by condemnation, in accordance with the notice building or structure which constitutes a blight on the surrounding -neighborhood. Prior to such condemnation, the City Council shall adopt a resolution declaring- that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use 4. Replace the code reference, International Plumbing Code, in Sections 502.5 and 505.1, General, with the following: The State adoption of the Uniform Plumbing Code. 5. Delete the text of Section 602.2, Residential occupancies, and replace with the following: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. 6. Delete the text of Section 602.3, Heat supply, and replace with the following: Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to supply heat to occupants thereof shall provide heat to maintain a temperature of 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms. 7. Replace paragraph one of Section 602.4, Occupiable work spaces, with the following: Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of 65° F (18° C) during the period the spaces are occupied. 8. Replace the code reference, ICC Electrical Code, in Section 604.2, Service, with the following: The State adoption of the National Electrical ECode. CTA-2020-0004 (Title 24 updates) Page 7 of 14 March 3, 2021 draft final vl Chapter 24.50 LAND DISTURBING ACTIVITIES Sections: 24.50.010 General. 24.50.020 Grading permit — General exemptions. 24.50.030 Engineered grading permits. 24.50.040 Regular grading permit. 24.50.050 Grubbing and clearing permit. 24.50.060 Severability. Prior legislation: Ord. 07-010. 24.50.010 General. A. General Applicability. This chapter applies to all land disturbing activities, whether or not a permit is required. All land disturbing activities shall comply with this chapter and the requirements set forth by SVMC Title 21, Environmental Controls, and 22.130.040, Street Sstandards, and Spokane Regional Stormwater Manual.- B. Purpose. The purpose of this chapter is to regulate all land disturbing activities to protect and safeguard the general health, safety, and welfare of the public residing within the City of Spokane Valley by: 1. Establishing procedures for issuance of permits, plan approval, and inspection of grading construction; and 2. Controlling erosion and preventing sediment and other pollutants from leaving the project site during construction by implementing best management practices; and 3. Reducing stormwater runoff rates and volumes, soil erosion and non -point source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety; and 4. Protecting downstream properties and public infrastructure. C. Definitions. 1. "Applicant" is the private party or parties desiring to construct a public or private improvement within City right-of-way, easements, or private property, securing all required approvals and permits from the City, and assuming full and complete responsibility for the project. The applicant may be the owner or the individual designated by the owner to act on his behalf. 2. "Clearing and grubbing" includes, but it is not limited to, removing trees, stumps, roots, brush, structures, abandoned utilities, trash, debris, and all other material found on or near the surface of the ground in the construction area. 3. "Grading" is the physical manipulation of the earth's surface and/or surface drainage pattern which includes surcharging, preloading, contouring, cutting, and/or filling. Grading activities fall into two general categories: engineered grading and regular grading. 4. "Land disturbing activity" results in a change in existing soil cover (vegetative or nonvegetative) or site topography. Land disturbing activities include, but are not limited to, demolition, construction, clearing and grubbing, grading and logging. 5. "Site" includes all the parcels included in the project. D. Permit Required. A separate permit shall be obtained for each site. No land disturbing activity, unless specifically exempted, shall be performed without first having obtained a permit. The following are the types of permit: CTA-2020-0004 (Title 24 updates) Page 8 of 14 March 3, 2021 draft final vl 1. Engineered Grading. Refer to SVMC 24.50.020 for general exemptions. Refer to SVMC 24.50.030 for applicability, additional exemptions, and permit requirements. All engineered grading shall comply with the Washington State Environmental Policy Act. 2. Regular Grading. Regular grading is grading work that is not required to be engineered. Refer to SVMC 24.50.020 for general exemptions. Refer to SVMC 24.50.040 for applicability, additional exemptions, and permit requirements. 3. Clearing and Grubbing Permit. Refer to SVMC 24.50.050 for applicability, exemptions, and permit requirements. E. Time Limitation of Application. 1. Applications are valid for a minimum of one year. One or more extensions of time may be granted for a term of not more than180 days. Any request for extension shall be made in writing. All permit applications regulated by this title shall be deemed to be abandoned and become null and void if a permit is not issued within the time limitsations described herein. a. Applications that have expired subject to this section have no vested right to review under the Spokane Valley Municipal Code in effect at the time of original complete application. b. For review to continue on a project for which the application has expired, a new permit application must be submitted and a new fee paid. The application is subject to the processes and requirements of the Spokane Valley Municipal Code as constituted at the time of the new application. The scope of application submittal requirements and review process shall be determined by the city manager or designee. 2. Expiration of Permits. Every permit issued subject to this section shall expire and become invalid unless the work authorized by such permit is commenced within two years of issuance. One or more extension of time may be granted for a term not more than 180 days. Any such extension shall be requested in writing. A permit issued subject to this section shall expire and become invalid if the work authorized by the permit is not completed within two years after the first required inspection has been made. a. Permits that have expired subject to this section have no vested right to review under the Spokane Valley Municipal Code in effect at the time of original complete application acceptance. b. When a permit expires and the work authorized by the expired permit is not completed, the remaining work may continue only after a new permit application for the remaining work has been submitted, approved, and new fees paid. The scope of permit review and fee amount shall be determined by the city manager or designee. The fees shall be set to cover actual City costs for services. c. Compliance Actions. If a permit issued to resolve a code violation expires subject to this section, the property owner may be subject to the immediate imposition of penalties and remedies authorized by the Spokane Valley Municipal Code. 3. Permit Ownership. Ownership of a permit issued pursuant to this title inures to the property owner. If the permit applicant is not the property owner, the applicant shall be held to be an agent of, and acting on behalf of, the property owner. FE. Fees. Permit fees, including plan review, shall be assessed in accordance with the currently adopted Spokane Valley master fee schedule. GE. Surety. The applicant shall post a surety in an amount determined by the development services senior ennineerCity EngineefManager or designee. Acceptable surety instruments are cash savings assignments and letters of credit issued by a duly chartered financial institution. CTA-2020-0004 (Title 24 updates) Page 9 of 14 March 3, 2021 draft final vl HQ. Inspection. All land disturbing activities shall be subject to inspection by the development services senior ennineerCity EfigifieefManager or designee. -For all engineered grading permits, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Chapter 9 of SVMC 22.130.0407 and the current adopted Street sStandards and Chapter 22.150 SVMC and the current adopted Spokane Regional Stormwater Manual. If, during an inspection, site conditions and/or construction of permanent items are found to not be as shown in the permit application or approved plans, the permit may be deemed invalid. No land disturbing activity shall be undertaken, or continued, until revised plans have been submitted and approved. The dcvclopmcnt services scniorCi Mana er or desi nee shall be notified when work authorized by a permit issued subject to this chapter is ready for final inspection. Final approval shall not be granted until all work has been completed in accordance with the approved grading plans and any required reports have been submitted. III. Hazards. If the development services senior engineer dCity Manager or designee determines that any land disturbing activity has or may become a hazard to life and limb, endanger property, cause erosion, or adversely affect drainage, the safety, use, stability of a public way or drainage channel, the owner shall be notified in writing. The owner is responsible to mitigate the hazard within the time specified by the dcvclopmcnt services senior ennineerCity. If not corrected within the identified period, the land disturbing activity shall be deemed to be a violation pursuant to subsection II of this section. JI. Violations. Unless exempt, any land disturbing activity performed without a permit or in violation of any applicable code or permit condition shall be considered hazardous and a public nuisance, subject to all enforcement actions and penalties as found in SVMC Title 17 SVMC. In addition to any penalties, Athe City may assess an investigation fee may be assessed for any land disturbing work conducted without a permit. The investigation fee shall be equal to and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. pursuant to International Building- Code Section 108.A._ The fee is payable prior to the issuance of a permit and is in addition to any applicable permit fees for required permits. Payment of the investigation fee does not vest the illegal work with any legitimacy, nor does it establish any right to any permit for continued development of the project. Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to fines penalties as provided in SVMC Title 17 SVMC. 1(4. Construction Stormwater Permit. The applicant shall contact the Washington Department of Ecology (Ecology) to determine if a construction stormwater permit is required. The applicant shall comply with any Ecology requirements, including obtaining necessary Ecology stonnwater permits and the conditions of such permit. LIB Changes in the Field. Revised design information, including revised plans plan may be required when changes are made to the design contemplated in the approved grading plans. Except as otherwise provided in the Street Standards, —bland disturbing activities affected by such changes shall not continue until the revised plans are reviewed and approved by the development services senior engineerCity Engineer or designee. (Ord. 09-033 § 6, 2009). 24.50.020 Grading permit — General exemptions. A grading permit, either engineered grading or regular grading, is not required for the following land disturbing activities: A. Excavations which meet all of the following: 1. Are less than three feet in height; and 2. Have slopes flatter than 2:1 (H:V); and 3. Do not exceed 50 cubic yards on any one lot; CTA-2020-0004 (Title 24 updates) Page 10 of 14 March 3, 2021 draft final vl B. Fills which meet all of the following: 1. Are less than two feet in height; and 2. Have slopes flatter than 2:1 (H:V); and 3. Are not intended to support structures; and 4. Do not obstruct a drainage course; and 5. Do not exceed 50 cubic yards on any one lot; C. An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit; provided excavation having an unsupported height greater than four feet after the completion of such structure shall not be exempt. Use of, placement, and fill made with any material from any such excavation shall be subject to the requirements of this chapter and shall not be exempt except as otherwise provided herein; This shall not exempt any fill made with the material from such excavation nor exempt any excavation having- an unsupported height greater than four feet after the completion of such structure; D. Cemetery graves; E. Refuse disposal sites controlled by other regulations; F. Excavations to facilitate the septic tank elimination program; G. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay, provided only - where such uses are established, authorized, and provided for by law; and provided further such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. This exemption does not exempt such activities from any other applicable permit, including SEPA review; H. Exploratory excavations under the direction of a geotechnical engineer or engineering geologists. 24.50.030 Engineered grading permits. A. Applicability. All grading shall comply with the Washington State Environmental Policy Act, SVMC 22.130.040 and the current adopted Street Standards, Spokane Regional Stormwater Manual, and applicable stormwater permit requirements. An engineered grading permit is required for each of the following land disturbing activities: All grading shall comply with the Washington State Environmental Policy Act, SVMC 22.130.010, Street standards, and Spokane Regional Stormwater Manual.: 1. Grading in excess of 500 cubic yards; ate 2. Excavations with cut slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet; and 3. Excavations with cut slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet; and 4. Fill slopes equal to or steeper than 2:1 (H:V) and heights greater than two and one-half feet; ate 5. Fill slopes equal to or steeper than 10:1 (H:V) and heights greater than four feet; and 6. Grading in the floodplain; and 7. Grading in critical areas identified in SVMC Title 21; and 8. Grading in a drainage channel; and 9. Grading to support a building or structure of a permanent nature; and 10. Grading associated with subdivisions pursuant to SVMC Title 20; a 4 CTA-2020-0004 (Title 24 updates) Page 11 of 14 March 3, 2021 draft final vl 11. Grading for engineered driveways, regardless of the amount of excavation or fill required for construction; ad 12. Grading for all ponds, water features, and manmade lakes greater than 500 square feet in surface area; and 13. Major use permits and/or any other project likely to cause major land disturbances as determined by the City; and 143. Grading to support other engineering works such as, but not limited to, tanks, towers, machinery, retaining walls, and paving; orand 15-4. Projects deemed to be a potential hazard or likely to cause major land disturbances as determined by City Manager or designee. B. Exemptions. An engineered grading permit is not required for the following land disturbing activities: 1. Grading- work already included in a building -permit or land action application, but only to the extent shown on such permit application; gl. Grading work exempted per SVMC 24.50.020; 2. aGrading work not meeting the requirements of subsection A of this section, subject to meeting permitting requirements of SVMC 24.50.040 or SVMC 24.50.050. In this latter case, the trading- would be considered reg-ular grading. C. Engineered Grading Permit Submittal Requirements. The minimum documents required for permit application are as follows: 1. Completed permit application; 2. Two sets of all rRequired plans stamped by a civil engineer licensed in the state of Washington; 3. Two sets of all rRequired reports, specifications, and supporting information prepared and stamped by a civil engineer or geologist licensed in the state of Washington; 4. Plans shall demonstrate compliance with the provisions of this title, the Washington State Environmental Policy Act, SVMC 22.130.040 and the current adopted Street Standards, Spokane Regional Stormwater Manual, SVMC 22.130.010, Street standards, and all relevant laws, ordinances, rules, and regulations; 5. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan elements required in Chapter 4 of the current adopted Street Standards, and SVMC 22.130.040, Street standards, as applicable. The TESC plan may also be prepared by a certified erosion and sediment control technician. All erosion prevention and sediment control measures shall be maintained, including replacement and repair as needed. These minimum guidelines are not intended to resolve all project soil erosion conditions. The applicant is responsible for confining all soil on the project site and implementing additional measures as necessary to accommodate changing or unexpected site and weather conditions; 6. When required by SVMC 22.130.040, Street &Standards, Chapter 5, and/or the development services senior ennineerCity EfigifieefManager or designee, a geotechnical evaluation demonstrating compliance with SVMC 22.130.040, Street &Standards, Chapter 5; 7. As required by law, Ddrainage report submittal demonstrating compliance with Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapters 2 and 3; 8. When required by the development services senior entineerCity EfigifieefManager or designee, a geotechnical site characterization (GSC)n engineering- geology report including an adequate description of the geology of the site in accordance with the Spokane Regional Stonnwater Manual Chapter 4; and CTA-2020-0004 (Title 24 updates) Page 12 of 14 March 3, 2021 draft final vl 9. SEPA checklist, if required. D. Engineered Grading Permit Final Acceptance. The following items are required prior to final acceptance: 1. Inspection by a qualified professional hired by the applicant; and 2. As -graded grading plans; and 3. A letter from the inspector that certifies that grading was conducted in accordance with the grading plan. Certification requirements shall be in compliance with SVMC 22.130.040, Street sStandards. 24.50.040 Regular grading permit. A. Applicability. All grading shall comply with the Washington State Environmental Policy Act, SVMC 22.130.040 and the current adopted Street Standards, Spokane Regional Stormwater Manual, and applicable stormwater permit requirements. A grading -permit is required for all grading- operations unless exempted below. All grading- shall comply with the Washington State Environmental Policy Act and SVMC 22.130.010, Street standards. An engineered grading permit shall be required if the project meets the criteria specified in SVMC 24.50.030. B. Exemptions. A regular grading permit is not required for the following land disturbing activities: 1. Grading- work already included in a building -permit or land action application, but only to the extent shown on such permit application; 12. Work exempt under SVMC 24.50.020 or already included in an engineered grading permit. C. Regular Grading Permit Submittal Requirements. The minimum documents required for permit application are as follows: 1. Completed permit application; and 2. Plans demonstrating compliance with Chapters 4 and 5 of SVMC 22.130.040, Street Sstandards, Spokane Regional Stormwater Manual and all other applicable laws, ordinances, rules and regulations. The name of the owner and the name of the person who prepared the plan shall be included in all submitted plans and documents; and 3. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan elements required in Chapter 4 of SVMC 22.130.040, Street Sstandards, as applicable. The TESC plan may also be prepared by a certified erosion and sediment control technician. All erosion prevention and sediment control measures shall be maintained, including replacement and repair as needed. These minimum guidelines are not intended to resolve all project soil erosion conditions. The applicant is responsible for confining all soil on the project site and implementing additional measures as necessary to accommodate changing or unexpected site and weather conditions. 24.50.050 Grubbing and clearing permit. A. Applicability. A grubbing and clearing permit is required for each of the following land disturbing activities: 1. All grubbing and clearing activities disturbing 5,000 square feet or more of area; and 2. Any clearing on slopes, wetlands, erodible soils, critical areas, etc.; for 3. Any removal of trees and vegetation that does not trigger the grading permit requirements. B. Exemptions. The following land disturbing activities are not required to obtain a clearing and grubbing permit: 1. Commercial agriculture as regulated under RCW 84.34.020. Clearing associated with agricultural uses, excluding timber cutting not otherwise exempted; CTA-2020-0004 (Title 24 updates) Page 13 of 14 March 3, 2021 draft final vl 2. Forest practices regulated under WAC Title 222, except for Class IV general forest practices that are conversions from timberland to other uses; 3. Clearing and grubbing already included in a grading or building permit; 4. The removal of six trees or less per acre per parcel; 5. The removal of trees and ground cover by utility companies in emergency situations; or 6. Routine landscape maintenance and minor repair. C. Permit Submittal Requirements. The minimum documents required for permit application are as follows: 1. Completed permit application; and 2. Plans demonstrating compliance with Chapters 4 and 5 of SVMC 22.130.040, Street &Standards, and all other applicable laws, ordinances, rules and regulations; and 3. Temporary erosion and sediment control (TESC) plan. The TESC plan shall include all of the minimum elements specified in Chapter 22.150 SVMC, Spokane Regional Stormwater Manual Chapter 9, and plan elements required in Chapter 4 of SVMC 22.130.040, Street Sstandards, as applicable. The TESC plan may also be prepared by a certified erosion and sediment control technician. All erosion prevention and sediment control measures shall be maintained, including replacement and repair as needed. These minimum guidelines are not intended to resolve all project soil erosion conditions. The applicant is responsible for confining all soil on the project site and implementing additional measures as necessary to accommodate changing or unexpected site and weather conditions. (Ord. 09-033 § 6, 2009). 24.50.060 Severability. If any section, subsection, sentence, clause or phrase of this chapter is determined invalid for any reason in whole or in part by court, such decision shall not affect the validity of the remaining portions of this chapter. CTA-2020-0004 (Title 24 updates) Page 14 of 14 March 3, 2021 draft final vl Attachment 2 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION CTA-2020-0004 Proposed Amendment to Spokane Valley Municipal Code (SVMC) Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. Background: 1. Pursuant to RCW 36.70A.130, Spokane Valley adopted its 2016 Comprehensive Plan Update and updated development regulations on December 13, 2016, with December 28, 2016 as the effective date. 2. CTA-2020-0004 is a City -initiated code text amendment to modify Chapters 24.40 and 24.50 of the Spokane Valley Municipal Code (SVMC) to update relevant code references and add clarifying language for consistency throughout the SVMC and other adopted codes. 3. The Planning Commission held a properly noticed public hearing and conducted deliberations on March 25, 2021. The Commissioners voted 5-2 to recommend that the City Council adopt the amendment. Planning Commission Findings: 1. Compliance with SVMC 17.80.150(F) Approval Criteria a. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Findings: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following goals and policies: ED-G6 Maintain a positive business climate that strives for flexibility, predictability, and stability. LU-G4 Ensure that land use plans, regulations, review processes, and infrastructure improvements support economic growth and vitality. LU-P9 Provide supportive regulations for new and innovative development types on commercial, industrial, and mixed -use land. H-P2 Adopt development regulations that expand housing choices by allowing innovative housing types including tiny homes, accessory dwelling units, pre -fabricated homes, co -housing, cottage housing, and other housing types. Conclusion: The proposed text amendment is supported by the Comprehensive Plan and consistent with the goals and policies. b. The proposed amendment bears a substantial relation to public health, safety, welfare and protection of the environment. Findings and Recommendations of the Spokane Valley Planning Commission CTA-2020-0004 Page 1 of 2 Findings: The proposed amendment bears substantial relation to public health, safety, welfare and protection of the environment. The Washington State Building Code, per RCW 19.27.031 and 19.27.040 is integral to preserving public health, safety, welfare and protection of the environment. The State Building Code is comprised of model code editions with Washington State amendments and is the minimum construction requirement for the State of Washington. The 2018 editions of the model codes as adopted by the Washington State Building Code Council, are currently in effect and prevail for construction in all counties and cities of Washington State. Conclusion: The proposed text amendment is consistent with Comprehensive Plan and bears a substantial relation to public health, safety, welfare, and protection of the environment. 2. Recommendation: The Spokane Valley Planning Commission therefore recommends the City Council approve CTA-2020- 0004 as amended. Attachment: Exhibit 1 — Proposed Code Amendment CTA-2020-0004 Approved this 8th day of April, 2021 Planning Commission Chairman ATTEST Marianne Lemons, Office Assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA-2020-0004 Page 2 of 2 Attachment 3 Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall March 11, 2021 I. Planning Commission Chair Bob McKinley called the meeting to order at 6:01 p.m. The meeting was held remotely via ZOOM meeting. II. Administrative Assistant Taylor Dillard took roll and the following members and staff were present: Fred Beaulac Karl Granrath Walt Haneke Bob McKinley Nancy Miller Paul Rieckers Sherri Robinson Erik Lamb, City Attorney Jenny Nickerson, Building Official Chaz Bates, Senior Planner Taylor Dillard, Administrative Assistant Marianne Lemons, Office Assistant III. AGENDA: Commissioner Rieckers moved to approve the March 11, 2021 meeting agenda as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. IV. MINUTES: Commissioner Haneke moved to approve the February 25, 2021 minutes as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. V. COMMISSION REPORTS: There were no Commission Reports. VI. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson commented that City staff presented the "Accomplishments Report" for 2020 to the City Council. She stated that the report showed a good year for the City. Senior Planner Chaz Bates showed the Comprehensive Plan area of Spokane Valley on the City website. VII. PUBLIC COMMENT: There was no public comment. VIII. COMMISSION BUSINESS: a. Public Hearing: Shoreline Master Program — Legislative Update. The public hearing was opened at 6:13 p.m. Senior Planner Chaz Bates introduced Alex Capron with The Watershed Company, who was hired by the City to assist with the periodic update of the Shoreline Master Program (SMP). Mr. Bates explained that Washington state law requires that the SMP be reviewed and updated every eight years so that it remains consistent with local and state laws. The original SMP was adopted comprehensively in 1 03-11-2021 Planning Commission Minutes Page 2 of 3 2015 through an in-depth process. Due to that process, the current update includes just the items that are required by state law. The changes will have very little impact on development within the shoreline jurisdiction. Mr. Bates also mentioned that the section regarding gravel pits is not be being amended. Gravel pits are not regulated by the SMP. However, once those areas go through the reclamation process, they will become a part of the SMP. None of the City's gravel pits are currently in the reclamation process. Mr. Capron gave a presentation explaining the proposed changes to the SMP. He explained that an SMP is a set of policies and regulations required by state law to protect the environmental resources of state shorelines, promote public access and enjoyment opportunities, and give priority to uses that require a shoreline location. The SMP applies to "Shorelines of the State", which are waterbodies that meet certain criteria and size. In Spokane Valley, this includes the Spokane River, Shelley Lake, and associated wetlands. Mr. Capron explained that the state Department of Ecology requires all SMP's to be reviewed every eight years. This periodic review is intended to keep SMP's current with amendments to state law, changes in local plans and regulations, and new or improved data and information. The updated SMP must be adopted by June 30, 2021. Mr. Capron stated that during the review process they looked at the 27 legislative amendments, critical areas regulations, and the Comprehensive Plan and Municipal Code. The proposed state legislative amendments include updating definitions, exemptions, and exceptions to be consistent with those in state law. The proposed amendments to the SMP critical areas will incorporate required City-wide critical areas ordinance updates. These will update wetland buffers within shoreline jurisdiction. It will also provide updates to the Fish and Wildlife Habitat Conservation areas by adding standards for habitat management plan requirements and will include riparian management zone buffers. Previously, the SMP did not have regulations set up for streams that weren't shoreline. This amendment will establish those stream regulations. The City received public comment from the Department of Fish and Wildlife stating that they have published an updated Priority Habitats & Species document regarding riparian ecosystem. They request that the City work with them during any future updates to possibly include their recommendations. Mr. Capron explained that there is an additional "suggested" SMP amendment that the City has decided to add to their regulations that ensures the Accessory Dwelling Units (ADU) are permitted like single-family residences. This means that any ADU requests will have to apply for a shoreline exemption, just like a regular single-family home. Mr. Bates outlined the adoption timeline. The Planning Commission will make a recommendation on this matter at the March 25, 2021 meeting (after the public comment period which closes on March 12, 2021 at 5:00 p.m.). After the recommendation, the proposed amendment will be submitted to Ecology for initial determination. The initial determination response from Ecology should be received in April 2021. The Planning Commission will conduct the adoption of findings in May 2021. The City Council first and second reading will occur in June 2021 and local adoption of the SMP will occur in by June 30, 2021. Commissioner Haneke asked why ADU's are exempt from getting a permit. Mr. Bates answered that ADU's still have to meet all of the requirements and regulations of the SMP. The proposed amendment will just streamline the process. 2 03-11-2021 Planning Commission Minutes Page 3 of 3 Commissioner Haneke asked when the Planning Commission will receive the Ecology Report for review. He asked if it would be possible for the Commission to receive the report earlier than a week before the meeting to give additional time to review the documents. Deputy Attorney Lamb answered that staff will try to get those out as soon as possible but does want to make sure that staff has a chance to review and make their comments before sending it out. No requests to give public comment was received so the public hearing was closed at 6:54 p.m. However, written public comments can be received through March 12, 2021 at 5:00 p.m. b. Study Session: CTA-2020-0004: Title 24 Update Building Official Jenny Nickerson gave a presentation regarding the proposed update to Title 24 of the Spokane Valley Municipal Code (SVMC). The reason for the request is Title 24 adopts the Washington State Building Codes and the 2018 editions of all building codes replaced the 2015 editions as of February 1, 2021 in the state of Washington. The amendment will align the language of Title 24 SVMC with the state adoption of the codes. She explained that the proposed changes are predominantly housekeeping. The public hearing for this matter will be held on March 25, 2021. IX. GOOD OF THE ORDER: There was nothing for the good of the order. X. ADJOURNMENT: Commissioner Granrath moved to adjourn the meeting at 7:13 p.m. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. Bob McKinley, Chair Deanna Horton, Secretary 7,7,0/ Date signed 3 Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall March 25, 2021 I. Planning Commission Chair Bob McKinley called the meeting to order at 6:01 p.m. The meeting was held remotely via ZOOM meeting. II. Administrative Assistant Taylor Dillard took roll and the following members and staff were present: Fred Beaulac Karl Granrath Walt Haneke Bob McKinley Nancy Miller Paul Rieckers Sherri Robinson Erik Lamb, City Attorney Jenny Nickerson, Building Official Mike Basinger, Economic Development Manager Chaz Bates, Senior Planner Taylor Dillard, Administrative Assistant Marianne Lemons, Office Assistant III. AGENDA: Commissioner Beaulac moved to approve the March 25, 2021 meeting agenda as presented There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. IV. MINUTES: Commissioner Rieckers moved to approve the March 11, 2021 minutes as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. V. COMMISSION REPORTS: There were no Commission Reports. VI. ADMINISTRATIVE REPORT: There was no administrative report. VII. PUBLIC COMMENT: There was no public comment. VIII. COMMISSION BUSINESS: a. Deliberations: Shoreline Master Program — Legislative Update. Senior Planner Chaz Bates requested that the Planning Commission make a motion to recommend approval to the City Council of the Shoreline Master Program. He explained that the Department of Ecology did not start their public comment period as planned so the City is going to move forward with their standard approval process. It will be submitted to the Department of Ecology after adoption and they will run their own comment period. The City received two written public comments on this matter. One was received from the Department of Fish and Wildlife and one from a private resident. Mr. Bates stated that the purpose of the proposed amendment is to maintain consistency with state and local policies. 1 03-25-2021 Planning Commission Minutes Page 2 of 4 Commissioner Rieckers asked if the comments received from the private resident have been addressed. Mr. Bates answered that it is not typical to make a formal response to received comments. They are just included in the documentation for consideration by the Planning Commission when making their decision. Commissioner Haneke asked if there would be a way to exclude Accessory Dwelling Units (ADU) from the shoreline in the future. Deputy City Attorney Erik Lamb answered that a code text amendment could be done to exclude ADU's but it would have to go through the formal process. Commissioner Haneke stated that he is not in favor of ADU's along the shoreline and is concerned about making the process easier. Commissioner Robinson moved to recommend that the City Council approve the 2021 Shoreline Master Program update. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. b. Public Hearing: CTA-2020-0004: Title 24 Update The public hearing was opened at 6:22 pm. Building Official Jenny Nickerson gave a presentation regarding the proposed update to Title 24 of the Spokane Valley Municipal Code (SVMC). The reason for the request is Title 24 adopts the Washington State Building Codes and the 2018 editions of all building codes replaced the 2015 editions as of February 1, 2021 in the state of Washington. The amendment will align the language of Title 24 SVMC with the state adoption of the codes. She explained that the proposed changes are predominantly housekeeping. The current SVMC has some outdated Washington Administrative Code (WAC) references that need to be corrected and the language regarding land disturbance needs to be aligned to provide permit processing consistency. These changes include new language that outlines that a land disturbance permit may be required when more than 50 cubic yards of fill is removed or four feet of unsupported excavation occurs. Joel White, Executive Officer with the Spokane Home Builders Association (SHBA) stated that the adoption of the 2018 building codes has added a projected $20,000 to the cost to build a typical single-family home and there is a big concern of the SHBA regarding all of the new changes based on this adoption. He explained that he is working with other members to find out how much these proposed changes will affect builders in the area. The public hearing was closed at 6:50 p.m. Commissioner Haneke stated that he would like to know from Mr. White if the SHBA is still reviewing the repercussions of this adoption. The public hearing was reopened at 6:52 p.m. to receive additional comment from Mr. White. Mr. White responded that there are a few members of the SHBA looking into this matter. He doesn't feel that these changes are a huge issue but the SHBA is definitely concerned about the additional single-family home costs and these additional land disturbance permits could add even more cost. Commissioner Beaulac and Commissioner Haneke stated they would like to continue the public hearing to the next meeting to get additional information from the SHBA members 2 03-25-2021 Planning Commission Minutes Page 3 of 4 before making a recommendation. The remaining members expressed that they are ready to move forward with a recommendation The public hearing was closed again at 7:07 p.m. Commissioner Miller moved to recommend approval of CTA-2020-0004 to the City Council. Commissioner Granrath stated that there are some major housing issues that need to be addressed but this matter is mostly housekeeping and can be sent to City Council with a recommendation to approve. Commissioner McKinley stated that he is aware of unintended costs attributed to these types of changes but he agrees that it is a housekeeping item that does need to be passed along. The vote on the motion was five in favor, two against, with Commissioner Haneke and Commissioner Beaulac dissenting and the motion passed. A brief recess was called at 7:20 p.m. The meeting was called back to order at 7:32. c. Study Session: Housing Action Plan Chaz Bates gave a presentation on the Housing Action Plan (HAP). He explained that Washington legislation passed a bill (E2SHB 1923) in 2019 encouraging increased residential capacity through adoption of regulatory mechanisms or adoption of a HAP. The City decided to develop a HAP and was given a $100,000 grant from the Department of Commerce to hire the consulting firms to develop it. The HAP identifies strategies and implementing actions to promote housing for all income levels by providing housing diversity, housing affordability, and increased access to opportunity for housing. The plan is developed by the gathering of data and public input. However, the strategies and action are adopted at a later time. The HAP has four basic elements which includes a housing needs assessment, a housing policy review, proposed strategies and actions, and a proposed implementation plan. Mr. Bates explained that the housing needs assessment provides information on existing housing inventory, the projected housing needs, population trends, and employment trends. The assessment shows that the City is lacking diversity in housing stock and will need at least 6,660 new housing units by the year 2037 to handle new growth. However, 45% of these homes will be occupied by residents who make less than the Area Medium Income (AMI). This means that there is a growing need for affordable housing and the HAP is geared towards making sure that there are options for all residents. Mr. Bates stated that the housing policy review looks to see if the proposed strategies align with identified needs, align with community vision and engagement, identifies regulatory barriers, and evaluates available programs. The policy review identified that there is a need for housing for incomes below the AMI and housing that offer more affordable ownership options. Mr. Bates said that the housing strategies and actions outlined in the plan are based on five criteria. This includes zoning and other regulatory strategies, process improvements, affordable housing incentives, funding for affordable housing, and mitigating displacement. The three strategic goals outlined are to preserve affordable housing and mitigate displacement, increase both market -rate and affordable housing supply by creating focus zones that allow multifamily and missing -middle housing, and increase housing options and housing choice. Missing -middle housing includes duplexes, cottages 3 03-25-2021 Planning Commission Minutes Page 4 of 4 and townhomes because they provide a spectrum of affordability options. The implementation plan identifies steps to achieve strategies and a monitoring program. Commissioner Beaulac asked how the HAP will remain relevant and up-to-date as things change over time. Economic Development Manager Mike Basinger answered that staff has policies and goals outlined in the Comprehensive Plan and one of the goals could be that the HAP is reviewed annually to make sure that it remains consistent with trends. Also, the long-term strategies included in the HAP will be used to create code text amendments in the future to implement areas of the plan. This item will return to the Planning Commission for public hearing on April 8, 2021. IX. GOOD OF THE ORDER: There was nothing for the good of the order. X. ADJOURNMENT: Commissioner Robinson moved to adjourn the meeting at 8:42 p.m. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. Bob McKinley, Chair Deanna Horton, Secretary Date signed r/--/ 4 Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall April 8, 2021 I. Planning Commission Chair Bob McKinley called the meeting to order at 6:01 p.m. The meeting was held remotely via ZOOM meeting. II. Administrative Assistant Taylor Dillard took roll and the following members and staff were present: Fred Beaulac Karl Granrath Walt Haneke Bob McKinley Nancy Miller Paul Rieckers Sherri Robinson Erik Lamb, City Attorney Jenny Nickerson, Building Official Mike Basinger, Economic Development Manager Chaz Bates, Senior Planner Taylor Dillard, Administrative Assistant Marianne Lemons, Administrative Assistant III. AGENDA: Commissioner Rieckers moved to approve the April 8, 2021 meeting agenda as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. IV. MINUTES: Commissioner Miller moved to approve the March 25, 2021 minutes as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. V. COMMISSION REPORTS: Commissioner Robinson expressed concern about the fire access being padlocked for the Revere Ridge apartments on Union Road. VI. ADMINISTRATIVE REPORT: There was no administrative report. VII. PUBLIC COMMENT: Connie Jensen, Spokane Valley: Ms. Jensen stated that there is an apartment complex being constructed next to the cul-de-sac where she lives and she is concerned that the new owner/developer of the apartment complex will not adhere to the original conditions of approval. She wants to make sure that the cul-de-sac will still receive the promised fire gate and that Pines Road will be widened to accommodate the additional traffic. VIII. COMMISSION BUSINESS: a. Findings Of Fact: CTA-2020-0004 — Title 24 Update Economic Development Manager Mike Basinger presented the Findings of Fact for CTA-2020-0004, Title 24 Update for approval. He explained that the code text 1 04-08-2021 Planning Commission Minutes Page 2 of 4 amendment was modifying Chapters 24.40 and 24.50 of the Spokane Valley Municipal Code and was approved for recommendation by the Planning Commission at the March 25, 2021 meeting. Commissioner Beaulac moved to approve the Planning Commission Findings of Fact for CTA-2020-0004 as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. b. Public Hearing: Housing Action Plan The public hearing was opened at 6:21 pm. Senior Planner Chaz Bates gave a presentation on the Housing Action Plan (HAP). He explained that Washington legislation passed a bill (E2SHB 1923) in 2019 encouraging increased residential capacity through adoption of regulatory mechanisms or adoption of a HAP. The City decided to develop a HAP and was awarded a $100,000 grant from the Department of Commerce to hire the consulting firm to assist in developing it. The HAP identifies strategies and implementing actions to promote housing for all income levels by providing housing diversity, housing affordability, and increased access to opportunity for housing. The plan was developed by the gathering of data and public input. However, the strategies and action are adopted at a later time. The HAP has four basic elements which includes a housing needs assessment, a housing policy review, proposed strategies and actions, and a proposed implementation plan. Mr. Bates explained that the housing needs assessment provides information on existing housing inventory, the projected housing needs, population trends, and employment trends. The assessment shows that the City is lacking diversity in housing stock and will need at least 6,660 new housing units by the year 2037 to handle new growth. However, 45% of these homes will be occupied by residents who make less than the Area Medium Income (AMI). This means that there is a growing need for affordable housing and the HAP is geared towards making sure that there are options for all residents. Mr. Bates stated that the housing policy review looks to see if the proposed strategies align with identified needs, align with community vision and engagement, identifies regulatory barriers, and evaluates available programs. The policy review identified that there is a need for housing for incomes below the AMI and housing that offer more affordable ownership options. Mr. Bates said that the housing strategies and actions outlined in the plan are based on five criteria. This includes zoning and other regulatory strategies, process improvements, affordable housing incentives, funding for affordable housing, and mitigating displacement. The three strategic goals outlined are to preserve affordable housing and mitigate displacement, increase both market -rate and affordable housing supply by creating focus zones that allow multifamily and missing -middle housing, and increase housing options and housing choice. Missing -middle housing includes duplexes, cottages and townhomes because they provide a spectrum of affordability options. The goal in the HAP to preserve affordable housing and mitigate displacement includes monitoring regulated properties, retaining affordable market rate units, using caution when proposing land use changes in areas at risk for displacement, providing tenant support, and providing homeowner assistance. The HAP proposes to increase market -rate and 2 04-08-2021 Planning Commission Minutes Page 3 of 4 affordable housing supplies in zones that allow multifamily and missing -middle housing by modifying the Spokane Valley Municipal Code to encourage production of townhomes and cottages, adopt a multifamily tax exemption program, create incentives to produce additional affordable housing, and adopt a planned action ordinance that allows large, mixed use phased developments to occur. In order to increase housing options and housing choices, the HAP proposes updating regulations for Accessory Dwelling Units (ADU), allowing for tiny homes, planning for homeless shelters and transitional housing, and developing a housing fund program. The implementation plan identifies steps to achieve strategies and a monitoring program. Commissioner Miller asked how tiny homes will fit into the character of Spokane Valley and how the approval process will work. Mr. Bates answered that tiny homes are not currently allowed in the City limits so a code -text amendment would have to go through the public process of approval. Commissioner Miller also asked who monitors the Cities rent restricted properties. Mr. Bates answered that the City does not have anyone who monitors these properties so this proposal is to create a program or adopt an existing program. Commissioner Beaulac asked if the HAP is consistent with the other Cities in the area. He feels that they should be similar throughout the County. Mr. Bates answered that he has been in constant contact with the City of Spokane and the consulting agency that produced the HAP also created the one for the City of Spokane Commission Beaulac also asked about the tax exemption program. Mr. Bates answered that the exemption could exempt the improvements done on the property but will retain the base value of the property for taxes. The exemption would last for either eight or twelve years but if a property is granted a twelve-year exemption, it would have to have an affordable housing component. Commissioner Haneke asked if there is enough land available in the City limits to meet the housing requirements based on current zoning and density. Mr. Bates answered that the projections are based on the land capacity analysis that was done in 2016. However, changes will have to occur in order to allow for the additional housing types to be incorporated onto the available land. The matter was opened to the public for comment. Darin Watkins, Government Affairs Director for the Spokane Association of Realtors: Mr. Watkins stated that the Association is disappointed in the projections that were made in the HAP. He feels that the data is too old to provide adequate numbers and the information is already outdated. He stated that the Association developed an assessment of the Spokane region outlining the market -based needs throughout the area. It outlines a 94% reduction in housing availability since 2010, escalating home prices (70% increase in home prices over the last five years), and a lack of inventory that leads to more people renting. Currently, there are only 106 homes for sale in Spokane County and only five of those are under $250,000.00. He expressed that the solutions proposed are similar between the Association's assessment and the HAP but he would like to make sure that all housing gaps are addressed and are based on current numbers of the 2020 census. Jennifer Wilcox, Spokane Valley: Ms. Wilcox stated that she is a proponent of the HAP because she feels that the there are many encouraging solutions proposed to 3 04-08-2021 Planning Commission Minutes Page 4 of 4 address the lack of housing availability. She feels that the goals outlined are good representations of the strategies needed for a growing city. One of the action items is to provide housing assistance and she feels that will help residents to be more receptive to affordable housing options. She stated that she is also a proponent of the proposed housing fund because it would provide a source of flexible funding specifically for housing needs. The public hearing was closed at 7:12 p.m. Commissioner Granrath commented that he would like to see the HAP updated regularly with current numbers when they become available. Commissioner Haneke moved to approve and forward to City Council a recommendation of approval of the Housing Action Plan. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. Mr. Bates explained that the Findings of Fact will be returned to the Commission at the April 22' 2021 meeting. IX. GOOD OF THE ORDER: There was nothing for the good of the order. X. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:32 p.m. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. Bob McKinley, Chair Date signed Marianne Lemons, Secretary 4 Attachment 4 Spokane Valley COMMUNITY AND PUBLIC WORKS BUILDING & PLANNING STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION CTA-2020-0004 STAFF REPORT DATE: March 17, 2021 HEARING DATE AND LOCATION: March 25, 2021, beginning at 6:00 p.m.; Due to the restrictions on public gatherings arising from the covid-19 outbreak, and pursuant to Governor Inslee's Stay Home, Stay Healthy Proclamation (No. 20-25) and Proclamation 20-28 (and associated extensions), this hearing will be conducted remotely using web and telephone conference tools. A link to the Zoom meeting will be provided on the agenda and posted to the City's webpage: www.spokanevalley.org/planningcommission. Proposal Description: A City -initiated code text amendment to modify chapters 24.40 and 24.50 of the Spokane Valley Municipal Code (SVMC) to update relevant code references and add clarifying language for consistency throughout the SVMC and other adopted codes. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, 19.30.040. SUMMARY OF CONCLUSIONS: Staff concludes that the proposed amendments to chapters 24.40 and 24.50 SVMC are consistent with the minimum criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan. STAFF CONTACT: Jenny Nickerson, Building Official. APPLICATION PROCESSING: Chapter 17.80 SVMC, Permit Processing Procedures. The following table summarizes the procedural steps for the proposal. Process Date Department of Commerce 60-day Notice of Intent to Adopt Amendment February 9, 2021 SEPA — DNS Issued October 8, 2020 Published Notice of Public Hearing: March 5 and March 12, 2021 BACKGROUND: Title 24 of the Spokane Valley Municipal Code (SVMC) adopts the Washington State Building Codes and amendments to such code per Revised Code of Washington (RCW) 19.27..031 and 19.27.040. The 2018 editions of the International Building Code, International Residential Code, International Mechanical Code, International Fire Code, Uniform Plumbing Code, Washington State Energy Code, and portions of the International Wildland Urban Interface Code, including amendments, were adopted by the Washington State Building Code Council and the current state building code based on the 2018 editions of the aforementioned codes published by the International Code Council became effective on February 1, 2021. Substantive changes to Title 24 SVMC have not taken place since 2007 when the building code adoption -related regulations were relocated from SVMC Title 10 to Title 24; Ordinance 07-010 passed by City Council on June 5, 2007. Staff Report and Recommendation CTA-2020-0004 ANALYSIS: The amendment will align the language of Title 24 SVMC with the State adoption of the Codes to implement local amendments including the adoption of portions of the 2018 International Property Maintenance Code and International Fire Code Appendix Chapters B, C, and D, and to implement clarifying language related to permit expiration and land disturbance permits. A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 (General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F) Municipal Code Text Amendment Approval Criteria The City may approve a Municipal Code Text amendment if it finds that: i. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan: Staff Analysis: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following Comprehensive goals and policies: ED-G6 Maintain a positive business climate that strives for flexibility, predictability, and stability. LU-G4 Ensure that land use plans, regulations, review processes, and infrastructure improvements support economic growth and vitality. LU-P9 Provide supportive regulations for new and innovative development types on commercial, industrial, and mixed -use land. H-P2 Adopt development regulations that expand housing choices by allowing innovative housing types including tiny homes, accessory dwelling units, pre- fabricated homes, co -housing, cottage housing, and other housing types. ii. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment: Staff Analysis: The Washington State Building Code, per RCW 19.27.031 and 19.27.040 is integral to preserving public health, safety, welfare and protection of the environment. The State Building Code is comprised of model code editions with Washington State amendments and is the minimum construction requirement for the State of Washington. The 2018 editions of the model codes as adopted by the Washington State Building Code Council, are currently in effect and prevail for construction in all counties and cities of Washington State. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC 17.80.150(F). 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. Page 2 of 3 Staff Report and Recommendation CTA-2020-0004 b. Conclusion(s): Adequate public noticing was conducted for CTA-2020-0004 pursuant to adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: To date the City has received agency comments from City of Spokane Valley Development Engineering, Spokane Valley Fire Department and Spokane County Environmental Services. b. Conclusion(s): No concerns noted. B. CONCLUSION For the reasons set forth in Section A the proposed code text amendment to update Title 24 is consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan. Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 27, 2021 Department Director Approval: ❑ Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing admin. report ❑ pending legislation ❑ information AGENDA ITEM TITLE: Washington State Energy Code update GOVERNING LEGISLATION: RCW 19.27.031, RCW 19.27.040, and RCW 19.27.060 PREVIOUS COUNCIL ACTION TAKEN: SVMC 24.40.020 Adoption of Washington State Energy Code BACKGROUND: The 2018 Edition of the Washington State Energy Code became effective on February 1st 2021. Cities and Counties in the State of Washington are required to enforce the adopted State Building Codes, including the Energy Code pursuant to RCW 19.27.031. RCW 19.27.040 and RCW 19.27.060 allow for governing bodies to amend the state building code but prohibits diminishing the minimum performance standards of the various adopted codes. As such, building permits submitted to the City of Spokane Valley Permit Center on or after February 1st are being reviewed for compliance with the 2018 Energy Code. Although the State -adopted building codes are traditionally updated every three years to align with the publication of the International Code Council model code updates, the adoption of the 2018 editions of the model codes was unique. Typically, the 2018 editions would have been adopted by Washington State on July 1, 2019. Due to ongoing debate and discussion related specifically to the energy code provisions, the State Building Code Council extended the adoption date to July 1, 2020. Then, due to the COVID-19 pandemic, the effective date of the 2018 Codes was further extended to November 1, 2020, then extended again to February 1, 2021. To add to the confusion, the State Building Code Council voted to extend the effective date again to July 1, 2021 through an emergency rule on January 8, 2021, but that emergency rule was repealed by Governor Inslee on January 19, 2021 and thus the effective date of the 2018 codes was restored to February 1, 2021. City of Spokane Valley Permit Center staff began notifying developers through general discussion and in pre -application review notes of the code updates in 2019, and we included up-to-date information on the evolving effective date throughout 2020 on both the Permit Center webpage and the online permit portal landing page as well as through social media outlets. Staff also maintained contact with the Spokane Home Builders Association (SHBA) both through direct conversation and participation in the Spokane Regional Code Group (SRCG) meetings. This additional effort towards coordination and notification was important not only due to the frequent changes to the effective date of the codes, but also due to the anticipated cost implications of the updates to the Washington State Energy Code. SHBA estimates that the 2018 energy code provisions have increased the cost of a typical single family home in the Spokane area by $20,000. Approximately $14,000 of this cost relates to the specific equipment, labor, and overhead. It is anticipated that the equipment and labor costs will balance over time as the newer, more energy -efficient technologies become more widely available. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Jenny Nickerson, Building Official, Community and Public Works Dept. ATTACHMENTS: PowerPoint Presentation Washington State Energy Code Update Informational presentation April 27, 2021 Jenny Nickerson, Building Official Spokane Valley° Background 2018 editions of International Codes effective throughout Washington State on February 1, 2021. Washington State Energy Code (WSEC) originally adopted in 1980 Significant increase in requirements related to SB 5854 (2009): Requires incremental reduction in energy use based on 2006 model. By 2031, 70% reduction in energy use compared with 2006 model required Impacts Energy code language is increasingly technical with content and terminology unique to Washington State 3.5 energy credit `points' required for typical home under 2015 Code; 6.0 energy credit `points' required for same home under 2018 Code; Average of $20K added cost for homebuyer as compared to home designed under previous energy code per SHBA Current HVAC equipment no longer meets standards New technology such as heat pump water heating equipment difficult to source Stringent air leakage testing and verification before final inspection approval Consultant for site -specific performance analysis report using proprietary software Challenges How to incorporate additional `energy credits' into design and address 'fuel normalization credit' requirements outlined in Code? Optional credits in 2015 Code now standard requirement for 2018 Code Limited HVAC/water heating equipment options available at local stores Challenge of addressing air leakage test failure after construction is complete Difficult to determine which code compliance assistance resources are legit and actually pertain to the Washington State Energy Code Modeling software used by professional consultants analyzes building orientation and exposure for site -specific results Third -party analyses commonly focus only on efficiency of HVAC equipment and insulation Moving forward Although RCW 19.27 doesn't allow for a reduction in code standards, Building Official may consider equivalent alternative design methods Coordinated effort amongst Spokane Regional Code Group membership towards region -wide acceptance of alternative methods Staff continues to stay on top of this evolving topic; we will continue to support our customers as best we can in this transitional time Questions? Thank you for your time! Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action April 27, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Law Enforcement Contract Amendment GOVERNING LEGISLATION: City of Spokane Valley Interlocal Agreement 17-104 PREVIOUS COUNCIL ACTION TAKEN: Interlocal Agreement for Law Enforcement Services as Provided by the Spokane County Sheriff's Office to the City of Spokane Valley 17-104, adopted by Council on July 25, 2017. BACKGROUND: The current interlocal agreement (ILA) with Spokane County for the provision of law enforcement services was adopted by Council in July 2017 and runs for the 5-year period January 1, 2018 through December 31, 2022. In the nearly 4 years that have passed since the ILA was approved, the law enforcement operation has evolved in a number of areas which we would like to memorialize through a formal contract amendment. Proposed changes to the ILA include: • A new Sheriff's Office unit, the TAC (Tactical) Unit, was reestablished, beginning in 2020, after a period of inactivity. The purpose of this unit is to provide specialized law enforcement response to civil disturbance and crowd control incidents. The proposed amendment incorporates this new shared service, effective January 1, 2020. • Additionally, the following exhibits to our Law Enforcement Interlocal Agreement were reviewed; o Exhibit 1 — Services Provided to City by Sheriff, o Exhibit 3 — Dedicated City Officers, and o Exhibit 4 — Combined Number of Officers in Shared Units. After a review of these exhibits, a number of revisions, generally housekeeping in nature, were identified and are proposed within the amendment. The modifications include reflecting those services which have been consolidated into the Spokane Regional Emergency Communications (SREC) umbrella, updating name changes to service units, and reflecting changes to shared personnel. OPTIONS: 1) Proceed to motion consideration per recommendation or 2) request additional information. RECOMMENDED ACTION OR MOTION. Proceed to Motion Consideration on May 4, 2021 BUDGET/FINANCIAL IMPACTS: TAC unit 2021 estimated City cost impact: $119,000 ($276,735 x 43%) STAFF/COUNCIL CONTACT: Morgan Koudelka, Senior Administrative Analyst; Dave Ellis, Police Chief. ATTACHMENTS: Addendum to the Interlocal Agreement for Law Enforcement Services with exhibits. ADDENDUM TO THE INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF SPOKANE VALLEY THIS ADDENDUM, is made and entered into by and among the City of Spokane Valley (hereafter referred to as "City"), Spokane County (hereafter referred to as "County"), and Spokane County Sheriff (hereafter referred to as "Sheriff"), hereafter jointly referred to as the "Parties". WITNESSETH: WHEREAS, pursuant to chapter 39.34 RCW (Interlocal Cooperation Act), the Parties have entered into numerous interlocal agreements whereby County has agreed to provide services to City and its residents; and WHEREAS, this Addendum applies to the "Interlocal Agreement for Law Enforcement Services as Provided by the Spokane County Sheriff's Office to the City of Spokane Valley" executed by the County under Resolution No. 17-0752 dated September 5, 2017, the City under signature dated August 10, 2017, and the Sheriff under signature dated August 30, 2017. This Addendum also applies to the Letter Agreement executed by the Parties dated October 2, 2018. The Interlocal Agreement for Law Enforcement Services as Provided by the Spokane County Sheriff's Office to the City of Spokane Valley, together with the Letter Agreement, shall be referred to as "the Agreement"; and NOW THEREFORE, in consideration of the mutual promises set forth herein, and as provided for in the Agreement the Parties agree as follows: SECTION ONE: 1.1 EXHIBIT 1 SHARED SERVICE UNITS SCOPE OF CHANGE. The scope and purpose of this subsection of the Addendum to the Agreement is to update and incorporate a revised Exhibit 1 to the Agreement. The updated Exhibit 1 is revised to reflect the following changes within Shared Service Units: 1.1.1 Spokane Valley Commander replaced by title of Assistant Chief 1.1.2 Investigative Task Force is renamed Spokane County Investigative Unit 1.1.3 The Sheriff Command Staff Unit is eliminated. The 1.0 Full-time Equivalent (FTE) Undersheriff position, which comprised this unit, is replaced by a civilian position. 1.1.4 Services provided to the City, through contract with the County, by a new entity, Spokane Regional Emergency Communication (SREC), are consolidated. 1.1.5 RIG (Regional Intelligence Group) -9 is identified as the unit providing Crime Analysis 1.1.6 TAC (Tactical) Unit: Effective beginning January 1, 2020, the TAC unit (civil disturbance response) is added to the list of shared service units. The allocation basis is determined based on each jurisdiction's total number of CAD (Computer -aided Dispatch) incidents. The TAC unit is authorized on an as - needed basis. The unit may or may not have associated costs in a particular year. 1.1.7 Eliminate a duplicated listing of Crime Check services. 1.2 EXHIBIT 3 DEDICATED CITY OFFICERS SCOPE OF CHANGE. The scope and purpose of this subsection of the Addendum to the Agreement is to update and incorporate a revised Exhibit 3 to the Agreement. An updated Exhibit 3, incorporated as Exhibit 3 to this addendum, is revised to reflect the following changes within Dedicated City Officers: 1.2.1 The Precinct Commander position, at the rank of Captain, is retitled Assistant Police Chief, at a rank of Inspector. Page 1 of 3 1.3 EXHIBIT 4 COMBINED NUMBER OF OFFICERS IN SHARED UNITS SCOPE OF CHANGE. The scope and purpose of this subsection of the addendum to the Agreement is to update and incorporate a revised Exhibit 4 to the Agreement. The updated Exhibit 4 is revised to reflect the following changes within Exhibit 4-Combined Number of Officers in Shared Units. 1.3.1 The rank of Captain of the Investigations Unit is changed to Undersheriff 1.3.2 Sex Crimes Detective FTE is increased from 6 to 7 to capture a grant position. 1.3.3 The Investigative Task Force is renamed Spokane County Investigative Unit 1.3.4 A Detective in Safe Streets is converted to the rank of Sergeant and assigned to Training as a Teacher, Administrator, Counselor for officer candidates 1.3.5 The Sheriff Command Staff Unit is eliminated. The 1.0 FTE Undersheriff position, which comprised this unit, is replaced by a civilian position and therefore no longer listed among the Exhibit's commissioned officer totals. 1.3.6 The rank of Public Information Officer is changed from Sergeant to Corporal 1.3.7 Professional Standards and Training are separated 1.3.8 The Training Unit is revised to incorporate the following: 1.3.8.1 The 1.0 FTE Lieutenant position is eliminated 1.3.8.2 Sergeant staffing is increased from 2.0 to 3.0 1.3.8.3 A 1.0 FTE Corporal position is added 1.3.8.4 Deputy staffing in this unit is decreased from 2.0 to 1.0. SECTION TWO: DURATION - This Addendum shall be in full force and effect as to the Agreement for the remaining term of the Agreement, or any extension of that Agreement. SECTION THREE: REMAINDER OF INTERLOCAL AGREEMENT TO REMAIN THE SAME - The remaining provisions of the Agreement shall remain unchanged by this Addendum. IN WITNESS WHEREOF, the Parties have caused this Addendum to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON JOSH KERNS, Chair ATTEST: MARY KUNEY, Vice -Chair Clerk of the Board AL FRENCH , Commissioner ********** DATED: SPOKANE COUNTY SHERIFF: Page 2 of 3 OZZIE KNEZOVICH DATED: CITY OF SPOKANE VALLEY Mark Calhoun, City Manager APPROVED AS TO FORM ONLY: Office of the City Attorney Page 3 of 3 Exhibit 1— Services Provided to CITY by SHERIFF CITY Dedicated Service Units CITY Police Department Administration (Chief, Patrol Traffic Community Services Domestic Violence School Resource Officers K-9 Property and Drug Crimes Investigations Shared Services/Units Major Crimes Sex Crimes Assistant Chief Commander Investigative Task Force Spokane County Investigative Unit Joint Terrorism Task Force Safe Streets (Drug Task Force and Gang Enforcement) Emergency Operations Team SHERIFF Command Staff , Sergeant) Public Information Officer Training/Professional Standards SCOPE/SIRT SREC (Spokane Regional Emergency Communication) services —Radio Dispatch, Crime Check, Computer Aided Dispatch, Communications Radio Dispatch Helicopter Forensics Crime Check Records Management Property Storage Explosive Disposal Communications RIG (Regional Intelligence Group) 9 - Crime Analysis Garage Firing Range Fleet SWAT/Hostage Negotiation TAC (Tactical) Extra Duty Employment Reservist and Explorer Units Crime Check Civilian Administrative Support Computer Aided Dispatch/Report Management System Regional Services Civil Marine Patrol SHERIFF Sex Offender Registration Exhibit 3 - Dedicated CITY Officers Administrative Police Chief / Undersheriff 1 Precinct Commander/Captain Assistant Chief / Inspector 1 Sergeant 1 Patrol Lieutenant 2 Sergeant 9 Deputies 47 K-9 Deputies 3 Traffic Sergeant 1 Detectives/Corporal 1 Deputies 5 Community Services Deputies 1 Domestic Violence Detective/Corporal 1 School Resource Officer Deputies 4 Property and Drug Crimes Sergeant 1 Detectives 10 Deputy 1 Total Dedicated Officers 89 Exhibit 4 - Combined Number of Officers in Shared Units Investigations Captain Undersheriff 1 Lieutenant 1 DEA Deputy 1 Major Crimes Sergeant 1 Detectives 6 Sex Crimes Sergeant 1 Detectives 6 7 Spokane County Investigative Unit (SCIU) Lieutenant 1 Regional Intelligence Group Detective Joint Terrorism Task Force Detective Safe Streets ( Drug and Gangs) Sergeant Detectives Deputies Emergency Operations Team Deputy Command Staff Undersheriff Public Information Officer Sergeant Corporal Professional Standards Lieutenant Training Lieutenant Sergeant Corporal Deputies 1 -4- 3 1 2 1 1 4- 2 3 1 2— 1 Total Shared Officers 35 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 27, 2021 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative Report — Sullivan Park Waterline Installation GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Potential & Pending Capital Project Lists for the following Budget Workshops. • June 13, 2017 • June 14, 2018 • June 11, 2019 • August 4, 2020 Additionally, the project has been included on all Potential & Pending Capital Project Lists provided to City Council since 2017 BACKGROUND: The City of Spokane Valley's Sullivan Park, located on the west side of Sullivan Road, north of the Spokane River, currently utilizes an under -performing well for its water source. The well, which is very shallow, requires monthly water quality monitoring and does not produce the required flows to sustain current and future park facilities. The initial plan for providing a sustainable water source to the park included a new water main to be located under the Sullivan Road bridge across the Spokane River. This water main would have conveyed water from Consolidated Irrigation District to the park. Unfortunately, the park is located in the Trentwood Irrigation District's (Trentwood) water service area, so the new water main under the bridge was not installed with the bridge. In 2016, discussions between the City and Trentwood Irrigation District took place regarding potential water main extension from just north of the Union Pacific Railroad (UPRR) tracks to Sullivan Park, as depicted in the attached graphic. At that time, Trentwood and the City identified Kemira Water Solutions (Kemira), who lease UPRR property, as another party requiring water service from the water main extension. Preliminary discussions between the three parties began in 2016, but dwindled due to Kemira not being able to secure funds for the project. In 2017, additional preliminary scoping work was completed on the project, including updating costs and discussing partnerships with Trentwood and Kemira. At this time, the City began identifying its share of the project, and began including it in the Potential & Pending Capital Projects list, along with the proportional cost of $152,858. In 2020, the City of Spokane Valley requested Local Community Project support through the Washington State Legislature, with a total request of $425,000 to fund the entire project. Our 4th District Legislative Delegation was successful in securing $130,000 of our initial request and this will be managed by the Department of Commerce (DOC). In discussions with Trentwood and the DOC, the most efficient and auditable manner to develop and construct the project is for the City to complete the project through agreements with Trentwood. The agreements required include a Developers Agreement for development of the project, and a Latecomers Agreement, which will allow the City to recover proportionate project costs from future system users. OPTIONS: Discussion Only RECOMMENDED ACTION OR MOTION: Discussion only BUDGET/FINANCIAL IMPACTS: Currently, the Potential & Pending Capital Project List identifies $152,858 as committed towards this project. A future Budget Amendment will transfer these monies to Fund 309, the Parks Capital Projects Fund. Additionally, in 2020, the Washington State Legislature appropriated $130,000 towards the project which is managed by the Department of Commerce. The most recent preliminary cost estimate for the entire project is $538,000. Here is a summary of the current project funding. Currently Committed Funds City Funds $ 152,858 DOC Grant $ 130,000 Total Available $ 282,858 Funding Shortfall $ 255,142 Not obligated at this time The anticipated funding shortfall will need to be provided by the City at the time of project construction, anticipated for 2022. There are several potential sources for the funds, but the most promising funding source is the American Rescue Plan monies that will be provided to the City. The language of the Plan specifically names "water system infrastructure" as an acceptable cost. Additionally, the City will also recover funds from future water system users through the Latecomers Agreement with Trentwood. STAFF CONTACT: Bill Helbig, City Engineer ATTACHMENTS: Project Location Figure Sullivan Park Waterline Installation Project Location Spokane Valley I. Parcel DRAFT ADVANCE AGENDA as of April 22, 2021; 10:00 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 May 4, Study Session, 6:00 p.m. [due Tue Apr 27] ACTION ITEMS: 1. Motion Consideration: Law Enforcement Contract Amendment - Morgan Koudelka (10 minutes) 2. Motion Consideration: Barker Rd/BNSF Grade Separation Avista Agreement Amendment - B.Helbig (5 min) 3. Motion Consideration: Potential Grant Opportunity, Wa. Traffic Safety Commission - A.Jackson (5 minutes) NON -ACTION ITEMS: 4. GIS In-house Services - John Hohman 5. Ponderosa Property - Cary Driskell 6. Flora South Trailhead - John Hohman 7. Appleway Property Acquisition - Bill Helbig 8. 2021 Budget Amendment - Chelsie Taylor 9. Dept of Emergency Mgmt Services Interlocal - Morgan Koudelka 10. Splashdown Contract Update - Cary Driskell, John Bottelli 11. Aquatics Update - John Bottelli 12. Advance Agenda - Mayor Wick (10 minutes) (10 minutes) (10 minutes) (10 minutes) (10 minutes) (10 minutes) (15 minutes) (10 minutes) (5 minutes) [*estimated meeting: 110 mins] May 11, 2021, Formal Meeting, 6:00 p.m. [due Tue May 4] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. First Reading Ordinance 21-005 Title 24 CTA (2020-0004) - Jenny Nickerson (no public comment)(20 minutes) 3. Motion Consideration: Dept of Emergency Mgmt Services Interlocal Agreement - M.Koudelka (10 minutes) 4. Motion Consideration: Appleway Property Acquisition - Bill Helbig 5. Admin Report: Potential and Pending Projects - Chelsie Taylor 6. Advance Agenda - Mayor Wick [*estimated May 18, Study Session, 6:00 p.m. ACTION ITEMS: 1. PUBLIC HEARING: 2021 Budget Amendment 2. First Reading Ordinance 21-006 Amending 2021 Budget - Chelsie Taylor (no public NON -ACTION ITEMS: 3. Housing Action Plan - Chaz Bates 4. 2022-2027 Six -Year Transportation Improvement Program - Adam Jackson 5. Events, Activities & Recreation in Phase 3 - John Bottelli 6. Bicycle Patrol of Parks & Trails- Chief Ellis 7. Advance Agenda - Mayor Wick (10 minutes) (15 minutes) (5 minutes) meeting: 65 mins] [due Tue May 11] comment) (10 minutes) (10 minutes) (15 minutes) (15 minutes) (15 minutes) (10 minutes) (5 minutes) [*estimated meeting: 80 mins] May 25, 2021, Formal Meeting, 6:00 p.m. [due Tue May 18] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Second Reading Ordinance 21-005 Title 24 CTA (2020-0004) - Jenny Nickerson (no public comment) (10 min) 3. Second Reading Ordinance 21-006 Amending 2021 Budget - Chelsie Taylor (no public comment) (10 minutes) 4. Advance Agenda - Mayor Wick (5 minutes) 5. Info Only: Department Monthly Reports [*estimated meeting: 30 mins] June 1, Study Session, 6:00 p.m. ACTION ITEMS: 1. Resolution 21- Adopting Housing Action Plan - Chaz Bates (no public comment) Draft Advance Agenda 4/22/2021 11:33:48 AM [due Tue May 25] (10 minutes) Page 1 of 2 2. Motion Consideration, Bid Award, 0317 Appleway-Stormwater — Bill Helbig NON -ACTION ITEMS: 3. End of Legislative Session Update — Briahna Murray 4. Advance Agenda — Mayor Wick (5 minutes) (30 minutes) (5 minutes) [*estimated meeting: 50 mins] June 8, 2021, Formal Meeting, 6:00 p.m. [due Tue June 1] 1. PUBLIC HEARING: 2022-2027 Six Year Transportation Improvement Program — Adam Jackson (10 min) 2. Resolution 21- Adopting 2022-2027 Six Year TIP — Adam Jackson (no public comment) (5 minutes) 3. Consent Agenda (claims, payroll, minutes) (5 minutes) 4. Advance Agenda — Mayor Wick (5 minutes) [*estimated meeting: 25 mins] June 15, 2021, Budget Workshop 2022 Budget 8:30 am — 3: 00 pm (Tentative) June 15, Study Session, 6:00 p.m. Meeting Cancelled (Tentative) AWC Conference: June 22-25 — live and recorded webinars June 22, 2021, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Advance Agenda — Mayor Wick 3. Info Only: Department Monthly Reports June 29, 2021, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick July 6, 2021, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick July 13, 2021, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Council Goals & Priorities for Use of Lodging tax — Chelsie Taylor 3. Advance Agenda — Mayor Wick July 20, 2021, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick Spokane Valley State of the City: July 21, 2021 July 27, 2021, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Motion Consideration: Council Goals & Priorities for Use of Lodging Tax — Chelsie Taylor 3. Advance Agenda — Mayor Wick 4. Info Only: Department Monthly Reports *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appleway Trail Amenities Arts Council Sculpture Presentations Artwork & Metal Boxes Boys & Girls Club Core Beliefs Resolution Mirabeau Park Forestry Mgmt. No Parking Zones Park Lighting PFD Presentation [due Tue June 15] (5 minutes) (5 minutes) [due Tue June 22] (5 minutes) [due Tue June 29] (5 minutes) [due Tue July 6] (5 minutes) (10 minutes) (5 minutes) [due Tue July 13] (5 minutes) [due Tue July 20] (5 minutes) (10 minutes) (5 minutes) SRTC Interlocal Agreement St. Illumination (owners, cost, location) St. O&M Pavement Preservation Union Gospel Mission re Homelessness Vehicle Wgt Infrastructure Impact Water Districts & Green Space Way Finding Signs City of Spokane Valley Community & Public Works Department Monthly Report 01 /01 /2021 - 03/31/2021 Page Title 1 Cover Sheet 2 Pre -Application Meetings Requested 3 Online Applications Received 4 Construction Applications Received 5 Land Use Applications Received 6 Construction Permits Issued 7 Land Use Applications Approved 8 Development Inspections Performed 9 Code Enforcement 10 Revenue 11 Building Permit Valuations Printed 04/13/2021 09:06 Page 1 of 11 Community & Public Works Department Monthly Report 01 /01 /2021 - 03/31 /2021 Pre -Application Meetings Requested A Pre -Application Meeting is a service provided to help our customers identify the code requirements related to their project proposal. Community & Public Works Department scheduled a total of 7 Pre -Application Meetings in March 2021. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial Pre-App Land Use Pre -Application Meeting Monthly Totals Annual Total To -Date: 23 Land Use Pre -Application Commercial Pre-App Meeting Jan Feb Mar Apr May Jun Jul Aug Se 2 1 0 0 0 0 0 0 Oct Nov Dec 0 0 0 0 6 7 7 0 0 0 0 0 0 0 0 0 8 8 7 0 0 0 0 0 0 0 0 0 Printed 04/13/2021 09:06 Page 2 of 11 Community & Public Works Department Monthly Report 01 /01 /2021 - 03/31 /2021 Online Applications Received Community & Public Works Department received a total of 568 Online Applications in March 2021. 600 400 200 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Trade Permit Sign Permit Right of Way Permit Reroof Permit Pre -Application Meeting Request Demolition Permit Other Online Applications Approach Permit J Approach Permit Demolition Permit Other Online Applications Pre -Application Meeting Request Reroof Permit Right of Way Permit Sign Permit Trade Permit Monthly Totals Annual Total To -Date: 1,463 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 7 3 14 0 0 0 0 0 0 0 0 8 8 6 0 0 0 0 0 0 0 0 0 201 94 160 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 29 44 109 0 0 0 0 0 0 0 0 0 19 22 47 0 0 0 0 0 0 0 0 0 9 9 14 0 0 0 0 0 0 0 0 0 227 215 218 0 0 0 0 0 0 0 0 0 0 500 395 568 0 0 0 0 0 0 0 0 0 Printed 04/13/2021 09:06 Page 3 of 11 Community & Public Works Department Monthly Report 01 /01 /2021 - 03/31/2021 Construction Applications RecP,--4 Community & Public Works Department received a total of 581 Construction Applications in March 2021. 600 400 200 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial - New Commercial - TI Residential - New Other Construction Permits Commercial - New Commercial - TI Residential - New Commercial - Trade Residential - Trade Residential - Accessory Demolition Sign Other Construction Permits J Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2 0 0 0 0 0 0 0 0 0 0 0 *6 *10 *14 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 2 0 1 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 1 2 4 0 0 0 0 0 0 0 0 0 *8 *8 *6 0 0 0 0 0 0 0 0 0 *10 *10 *14 0 0 0 0 0 0 0 0 0 *530 *378 *542 0 0 0 0 0 0 0 0 0 Monthly Totals 560 412 581 0 0 0 0 0 0 0 0 0 Annual Total To -Date: 1,553 *Includes Online Applications. Printed 04/13/2021 09:08 Page 4 of 11 Community & Public Works Department Monthly Report 01 /01 /2021 - 03/31 /2021 Land Use Applications Received Community & Public Works Department received a total of 165 Land Use Applications in March 2021. 200 100 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Boundary Line Adjustment Short Plat Preliminary Long Plat Preliminary Binding Site Plan Preliminary Final Platting Zoning Map/Comp Plan Amendment State Environmental Policy Act (SEPA) Administrative Exception/Interpretation Other Land Use Permits J Boundary Line Adjustment Short Plat Preliminary Long Plat Preliminary Binding Site Plan Preliminary Final Platting Zoning Map/Comp Plan Amendment State Environmental Policy Act (SEPA) Administrative Exception/Interpretation Other Land Use Permits Monthly Totals Annual Total To -Date: 379 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2 4 7 0 0 0 0 0 0 0 0 0 1 5 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 0 0 0 0 0 0 0 0 0 0 2 2 0 0 0 0 0 0 0 0 0 *94 *100 *150 0 0 0 0 0 0 0 0 0 99 115 165 0 0 0 0 0 0 0 0 0 *Includes Online Applications. Printed 04/13/2021 09:08 Page 5 of 11 Community & Public Works Department Monthly Report 01 /01 /2021 - 03/31 /2021 Construction Permits Issued Community & Public Works Department issued a total of 529 Construction Permits in March 2021. 600 400 200 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial - New Commercial - TI Residential - New Other Construction Permits J Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial - New Commercial - TI Residential - New Commercial - Trade Residential - Trade Residential - Accessory Demolition Sign Other Construction Permits g 1 7 1 0 0 0 0 0 0 0 0 0 14 7 10 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 2 0 1 0 0 0 0 0 0 0 0 0 0 1 4 0 0 0 0 0 0 0 0 0 1 1 2 0 0 0 0 0 0 0 0 0 8 10 4 0 0 0 0 0 0 0 0 0 4 11 9 0 0 0 0 0 0 0 0 0 350 330 497 0 0 0 0 0 0 0 0 0 onthly Totals 380 368 529 0 0 0 0 0 0 0 0 0 Annual Total To -Date: 1,277 Printed 04/13/2021 09:09 Page 6 of 11 Community & Public Works Department Monthly Report 01 /01 /2021 - 03/31 /2021 Land Use Applications Approved Community & Public Works Department approved a total of 4 Land Use Applications in March 2021. Ill, ! l ; l' lJ lJ 111111111/(14 IN, ?, ! Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Boundary Line Adjustment Short Plat Preliminary Long Plat Preliminary Binding Site Plan Preliminary Final Platting Zoning Map/Comp Plan Amendment State Environmental Policy Act (SEPA) Administrative Exception/Interpretation Other Land Use Permits J Boundary Line Adjustment Short Plat Preliminary Long Plat Preliminary Binding Site Plan Preliminary Final Platting Zoning Map/Comp Plan Amendment State Environmental Policy Act (SEPA) Administrative Exception/Interpretation Other Land Use Permits Monthly Totals Annual Total To -Date: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 3 1 4 0 0 0 0 0 0 0 0 0 Printed 04/13/2021 09:09 Page 7 of 11 Community & Public Works Department Monthly Report 01 /01 /2021 - 03/31 /2021 Development Inspections Performed Community & Public Works Department performed a total of 1,291 Development Inspections in March 2021. Development Inspections include building, planning, engineering and ROW inspections. 2,000 1,500 1,000 500 0 2021 2020 2019 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2019 2020 — 2021 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals 920 968 1,291 0 0 0 0 0 0 0 0 0 997 1,179 1,233 735 1,406 1,675 1,731 1,559 1,464 1,402 1,139 1,067 1,114 772 1,051 1,402 1,417 1,363 1,300 1,486 1,285 1,527 1,137 1,029 Printed 04/13/2021 09:14 Page 8 of 11 Community & Public Works Department Monthly Report 01 /01 /2021 - 03/31 /2021 Code Enforcement Code Enforcement Officers responded to 58 citizen requests in the month of March. They are listed by type below. Please remember that all complaints, even those that have no violation, must be investigated. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec = CE-Stop Work Order Environmental General Nuisance = Property Complaint, Non -Violation CE-Stop Work Order Complaint, Non -Violation Environmental General Nuisance Property Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1 0 0 0 0 0 0 0 0 8 1 0 20 21 40 14 9 18 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Monthly Totals 43 31 58 0 0 0 0 0 0 Annual Total To -Date: 132 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Printed 04/13/2021 09:14 Page 9 of 11 Community & Public Works Department Monthly Report 01 /01 /2021 - 03/31/2021 Revenue Community & Public Works Department Revenue totaled $364,569 in March 2021. 1,200,000 1,000,000 800,000 600,000 400,000 200,000 Jan 0 Feb Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Apr 2021 2020 Five -Year Trend May Jun Jul Aug Sep Oct i Nov $1,087,3 $196,293 $364,569 $0 $0 $0 $0 $0 $0 $0 $0 10 $191,303 $215,857 $273,512 $209,488 $308,880 $239,202 $220,296 $251,287 $228,539 $236,335 $224,434 $205,531 $2,804,663 Dec Totals 1,648,172 $o $230,256 $402,862 $371,956 $237,120 $402,525 $309,668 $226,943 $188,990 $268,487 $254,775 $246,368 $223,685 $3,363,635 $162,441 $228,717 $265,529 $195,244 $241,906 $233,496 $355,943 $304,988 $228,157 $294,794 $299,906 $349,821 $ ,160,942 $177,431 $117,425 $220,845 $206,090 $234,009 $158,168 $260,179 $362,478 $253,342 $270,649 $204,016 $169,751 $174,349 $146,874 $133,382 $221,935 $309,558 $265,383 $134,394 $135,242 $149,194 $197,639 $232,319 $159,618 $212,038 $183,405 $375,848 $187,053 $356,403 $229,293 $124,020 $264,735 $243,514 $163,819 $139,562 $124,778 $2,604,468 $2,634,383 $2,259,887 Printed 04/13/2021 09:17 Page 10 of 11 Building Permit Valuation 2021 Trend 2020 2019 2018 2017 2016 Community & Public Works Department Monthly Report 01 /01 /2021 - 03/31 /2021 Community & Public Works Department Building Permit Valuation totaled $16,730,860 in March 2021. 200,000,000 150,000,000 100,000,000 50,000,000 0 ■ Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec - 2021 2020 Five -Year Trend Jan Apr May Jun Jul Aug Sep Oct Nov Dec $8.86M $179.08M $16.73M $0.00M $0.00M $0.00M $0.00M $0.00M $0.00M $0.00M $0.00M $0.00M $14.46M $19.20M $29.27M $17.82M $31.26M $25.34M $22.14M $20.49M $19.65M $14.68M $32.48M $16.91M $22.13M $20.94M $36.68M $27.67M $51.38M $30.66M $17.95M $7.61M $20.62M $15.27M $26.89M $21.38M $5.66M $22.21M $19.46M $12.46M $23.15M $15.02M $46.65M $18.80M $14.36M $17.16M $35.21M $34.15M $12.84M $6.35M $27.60M $7.87M $9.55M $26.26M $29.25M $25.44M $20.69M $21.88M $25.46M $6.70M $23.82M $18.37M $6.98M $30.99M $35.66M $35.63M $9.78M $9.05M $8.88M $10.05M $67.10M $16.78M $7.83M $28.14M $55.63M $10.10M $36.56M $19.11M $7.07M $41.53M $33.68M $9.06M $7.76M $5.52M Totals 263.69M 299.18M! 264.29M 219.89M 273.09M Printed 04/13/2021 09:17 Page 11 of 11 Community & Public Works Department Monthly Report 03/01/21— 03/31/21 MAINTENANCE Agreements for Services Adopted and In Operation (*Budget estimates ** Does not include March) Contract Name Contractor Contract Amoun Total % of Contract Expended Expended Street Maintenance Street Sweeping Storm Drain Cleaning Landscaping Weed Spraying Emergency Traffic Control Litter and Weed Control State Highway Maintenance Traffic Signals, Signs, Striping Dead Animal Control Poe Asphalt AAA Sweeping AAA Sweepin Senske Clearwater Senske Geiger Work Crew WSDOT Spokane County dia Mike Pederson 71111111111111 $1,515,439.95 $567,840.00 $205,423.73 $84,948.00 $39,000.00 $15,000.00 $70,000.00 $281,000.00 $750,000.00 $20,000.00 $0.00 $96,652.18 $6,804.29 $0.00 $0.00 $2,378.37 $0.00 $65,462.67 $114,281.87 $3,450.00 0.00% 17.02% 3.31% 0.00% 0.00% 15.86% 0.00% 23.30% 15.24% 17.25% ©.®©©..UUE Snow Season - October 2020 - April 2021 On Call - Graders On Call - Plow Drivers On Call - Sidewalk Operator Multiple Multiple Valley Landscape $500,000.00 $620,000.00 $40,000.00 $8,959.50 $162,766.61 $15,431.55 1.79% 26.25% 38.58% Citizen Requests for Public Works - March 2021 Request Submitted In Progress Resolved / Waiting Broken Sprinkler Construction - CPW. Construction - Deve opmen Construction - Private Dead Animal Removal Downed Tree / Branch General Street Maint Gravel Shouldering Hazard on Street Illegal Dumping - Objects Report a Pothole Street Sweeping Vegetation / Weeds SOLID WASTE STORMWATER Traffic 1 12 2 1 4 1 11 1 4 10 17 3 2 4 8 14 21 0 0 0 0 0 0 1 0 0 0 0 0 1 1 1 0 0 1 12 2 1 4 1 10 1 4 10 17 3 1 3 7 14 21 Totals 116 4 112 1 STREET MAINTENANCE ACTIVITY The following is a summary of Contractor maintenance activities in the City of Spokane Valley for March 2021 • Geiger Work Crew — Out due to Covid. • Pothole patching, tree trimming, graffiti removal, cracksealing. • Poe Maintenance Contract — Gravele shoulder grading. • AAA sweeping Contract — Arterial maintenance sweeping including sidewalks, Began residential sweeping. • AAA Sweeping Vactor Contract — Began cleaning drywells and bridge drains. WASTEWATER Status of the process can be monitored at: http://www.spokaneriver.net/, http://www.ecy.wa.gov/geographic/spokane/spokane river basin.htm, http://www.spokanecounty.org/utilities/WaterReclamation/content.aspx?c=2224 and http://www.spokaneriverpartners.com/ STORMWATER UTILITY The following is a summary of City Stormwater Utility activities for March 2021: • Drywell Retrofit with Pavement Preservation (Dept of Ecology grant) — Received Ecology comment on 90% Design Package. Resubmitted 90% Design Package for approval. Received 90% Design Package acceptance. Associated project is phase 1— Argonne — Indiana to Montgomery. • Spokane Valley Regional Decant Facility Canopy project: Began preliminary efforts with TML construction to procure material package and associated approval of materials. • Appleway Stormwater Improvement project (DOE grant project): Received 90% Design Package acceptance. • Continued. In concert with the release of the revised Stormwater Management Manual for Eastern Washington (Dept. of Ecology), COSV Stormwater Utility began coordinated effort with City of Spokane, and Spokane County to evaluate the Spokane Regional Stormwater Manual for equivalency. • Continue process to identify the merits for jurisdictional coverage under the UIC program. Begin subbasin delineation, continued development of 2021 UIC stormwater Management Plan, update sink maps. • Continued discussions with City of Spokane, Spokane County, and Osborne Consultant to develop plan to meet effectiveness study requirements of the Municipal Stormwater Permit. • Continued updating the Stormwater Utility 0 & M plan. • Participation and support Glenrose, Central Park Flood Insurance Study. • Continued annual management and/or participation of the following service contracts: o Roadway Landscape Maintenance Contract — Senske. Winter Shutdown o Street Sweeping Contract — AAA Sweeping. o Storm Drain Cleaning Contract — AAA Sweeping. o Roadway Weed Control Contract — Clearwater Summit. Winter Shutdown • Continued working on the following tasks: o Responded to stormwater related issues, 5 sites. Recorded in QAlert. 2 DEVELOPMENT ENGINEERING The following is a summary of Development Engineering activities for March 2021: • Assisted Building and Planning Division with preparation of design requirements for (7) Commercial and (14) Land Use Pre -Application meetings. • Prepared multiple Recommended Conditions of Approvals for preliminary plats and Dedication Languages for final plats. Reviewed multiple final plats and submittal packages to record final plats. • Reviewed civil plans and drainage reports for Engineered Grading Permits associated with commercial and land use projects. Coordinated with private Engineers and Developers. • Reviewed civil plans for the following projects: o Vistas at Belleaire Phase 2 — 56 lots (EGR-2020-0078) o Magnolia Place (EGR-2020-0104) o Willow View Subdivision — 20 lots (EGR-2021-0003) o Desmet Short Plat — 2 lots (EGR-2021-0004) o Evergreen Commerce Park Phase 2 (EGR-2021-0008) o IE Office Warehouse (EGR-2021-0011) o Harvest Foods Fuel Addition (EGR-2021-0012) o Havana Well Station (EGR-2021-0015) o Herald Plat — 13 Iots (EGR-2021-0018) o Shiva Business Park (EGR-2021-0021) o Christ Fellowship Baptist Church Improvements (EGR-2021-0022) o Spring Tools Phase 2 (EGR-2021-0023) o 9th Avenue Improvements (EGR-2021-0025) o Broadway Villas Phase 3 (EGR-2021-0026) • Spoke with and emailed citizens and developers to answer inquiries and discuss design requirements for potential commercial and land use projects. • Conducted preconstruction meetings, performed site visits, prepared punch lists, reviewed surety estimates, and reviewed and approved construction certification packages to finalize final plats and to issue commercial building certificates of occupancy. 3 CAPITAL PROJECTS nni■ Ile .0.• Malley Public Works Projects Monthly Summary - Design & Construction March-2021 Bid % Estimated Total Proposed Project # Design & Construction Projects Funding Open Complete Construction Project Ad Date Date PE I CN Completion Cost Street Projects 0143 Barker Rd/BNSF Grade Separation 0205 Sprague/Barker Intersection Improvement 0249 Sullivan & Wellesley Intersection Improv 0275 Barker Rd Widening- River to Euclid 0292 Mullan Preservation: Broadway -Mission 0299 Argonne Rd Concrete Pvmt Indiana to Mont 0301 Park Rd. Sidewalk 0310 Sullivan Rd Overcrossing UP RR Deck Rep. 0313 Barker Road/Union Pacific Crossing 0318 Wilbur Sidewalk: Boone to Mission Street Preservation Projects 0309 Local Access Streets: Barker Homes 0320 Sullivan Preservation: Sprague-8th 0323 Evergreen Road Preservation Project 0325 2021 Local Access Streets: South Park Rd Traffic Projects 0293 2018 CSS Citywide Reflective Signal BP 0294 Citywide Reflective Post Panels 0300 Pines & Mission Intersection Improvement Parks Projects 0268 Appleway Trail -Evergreen to Sullivan 0304 CenterPlace West Lawn Phase 2 0305 CenterPlace Roof Repair 0314 Balfour Park Frontage Improvements 0315 Brown's Park 2020 Improvements 0316 Balfour Park Improvements - Phase 1 Stormwater Projects 0308 Regional Decant Facility Canopy 0317 Appleway Stormwater Improvements FHWA - STP(U) FHWA - CMAQ FHWA-STP(U) FHWA-STP(U) COSY TI B - UAP COSY FHWA - BR FMSIB STBG-SA COSY COSY COSY COSY HSIP HSIP FHWA - CMAQ FHWA-STP(U) COSY COSY COSY COSV Re -Bid COSY 11/30/20 TB D TB D 06/12/20 TB D TB D 02/26/21 03/19/21 TB D TB D 04/24/20 TBD TBD TBD N/A N/A TB D 06/28/19 11/22/19 05/01/20 03/19/21 10/23/20 TB D 01/13/21 TB D TB D 07/08/20 TB D TB D 03/19/21 04/09/21 TBD TBD 100 2 12/31/22 $26,000,000 65 0 12/31/22 $ 2,300,000 90 0 12/31/21 $ 1,370,000 100 75 12/31/21 $ 3,850,141 90 0 12/31/21 $ 2,100,000 90 0 10/31/21 $ 2,800,000 100 0 12/31/21 $ 733,000 100 0 12/31/21 $ 337,625 100 0 12/31/22 $ 1,434,000 10 0 12/31/22 $ 60,000 05/20/20 100 70 TBD 75 0 TBD 90 0 TBD 10 0 N/A N/A TB D 100 95 100 85 60 0 07/19/19 100 12/20/19 100 05/15/20 100 04/09/21 100 11/13/2020 100 TBD 0 100 100 85 0 0 0 Dept of Ecology 02/05/21 02/19/21 100 0 Dept of Ecology TBD TBD 90 0 12/31/21 12/31/21 12/31/21 12/31/21 $ 1,812,088 $ 138,000 $ 75,000 $ 1,200,000 12/31/21 $ 180,000 12/31/21 $ 78,000 11/01/21 $ 588,000 12/31/20 12/31/20 12/31/20 12/31/21 06/30/21 TB D $ 2,516,550 $ 2,000,000 $ 815,000 $ 66,500 $ 562,780 $ 217,500 12/31/21 $ 595,535 12/31/21 $ 90,244 Design % Total Project # Design Only Projects Funding Complete Complete Project Date PE Cost Street Projects 0223 Pines Rd Underpass @ BNSF & Trent 0311 Sullivan Rd./SR290 Interchange Project 0321 Argonne Corridor Imprv- North of Knox Street Preservation Projects 0286 Broadway Preservation: Havana to Fancher FHWA - STP(U) COSY COSY COSY 12/31/21 12/31/23 12/31/21 03/31/21 27 10 5 $ 7,295,000 $ 500,000 $ 30,000 70 $ 67,600 4 PLANNING AND GRANTS Spokane Regional Transportation Council (SRTC) Preservation Call for Projects On March 1, 2021, SRTC issued a call for projects for pavement preservation projects. The program makes available $6 million for construction years 2022-2023. Due to program requirements, approximately $5 million is available for Spokane Valley. On March 23, 2021, staff proposed three project applications to City Council: Broadway Ave. at 1-90 (from Fancher to Park), Sprague Ave. (from Havana to Fancher), and Evergreen Rd. (from Broadway to Mission). Staff will return in April with recommended requested funding amounts, along with applicable City match amounts. Applications are due by April 30, 2021. Awards are anticipated in fall 2021. WSDOT's Local Bridge Program WSDOT administers the Federal Highway Bridge Program funding via its Local Bridge Program. An application was submitted in February requesting $225,830 to complete a deck seal across the Mission Ave. bridge over Evergreen Rd. The total project cost is estimated at $261,075, $35,245 of which is a local match. WSDOT's Asset Management Program WSDOT administers the National Highway System Asset Management Program. An application was submitted in February requesting $1,029,000 to complete a pavement preservation project on S. Sullivan Road from Sprague Ave. to 8th Ave. The total project cost is estimated at $2,212,000, $1,183,000 of which is a local match. The City's local match amount of $1,183,000 includes stormwater and intelligent transportation system (ITS) improvements totaling $1,080,000, $350,000 of which is funded by a Dept. of Ecology stormwater grant. USDOT's Infrastructure for Rebuilding America (INFRA) USDOT administers the INFRA program. In March, a joint application with Spokane County was submitted for the Bigelow -Sullivan Corridor project. This is a similar submittal as the 2020 INFRA application. This 2021 application requested $33,643,631 of INFRA funds for a total project cost of $59,881,446.The City of Spokane Valley, if awarded, would be responsible for securing an additional $3,360,000 of non-federal funds. Federal Funding Solicitations for Infrastructure Priorities The offices of Senator Patty Murray and Representative Cathy McMorris Rodgers have requested priority project details with the intent of this solicitation being to evaluate projects for inclusion into a federal transportation package (i.e. earmarks). Staff have submitted the following five priority projects for consideration: Pines GSP ($19.3M), Bigelow - Sullivan Corridor ($36.73M), Spokane Valley River Loop Trail ($16.5M), Spokane County Expo Expansion ($3M), and South Barker Corridor ($12.92M). Project details were also shared with Senator Maria Cantwell's office for informational purposes. Pavement Management Update On March 23, 2021, City Council confirmed the creation of the Streets Sustainability Committee. The goal of the committee is to identify a recommended pavement condition level of service and the necessary funding to support it. The committee includes 23 members representing a variety of stakeholder groups throughout the community. Committee information is available on the City's webpage: https://www.spokanevalley.org/content/6836/6896/8303/20651.aspx 5 Spokane _Valley FIRST QUARTER REPORT JANUARY—MARCH 2021 PARKS AND RECREATION ADMINISTRATIO AINTENANC CONTRACTS WORKED ON: o Amendment to Agreement for Parks Maintenance Agreement 2017 for emergency services removing nine trees as a result of the wind storm on 1/13/21. o Agreements for Services for the CenterPlace Great Room Video Wall Repair to repair failed pixels. o Agreements with Skyhawks and SuperTots for summer youth sports camp 'n Sp. ane .Iley Parks. At the beginning of February, a new era began with the hiring of John Bottelli as our new Director of Parks, Recreation, & Facilities. We welcome him and his many years of experience and expertise in our field. There has been a major learning curve for "JB," who has eagerly taken it all in stride. Besides multiple meetings with City staff, there have been many meet and greets with various community leaders and organizations interested in meeting him and forging new relationships. The Spokesman -Review wrote a great article about JB and his municipal career, which includes over 20 years at Spokane County. It also spoke of his vision and priorities for Spokane Valley' parks and trails. We look forward to these projects coming to fruition in the future. CEN ERPLACE 0.Ec nE EVE WEST LAWN Fuze Photo by Dan Pelle / The Spokesman -Review • COVID-19 restrictions and requirements continued to keep our department busy. We moved into Phase 3 of the Governor's "Healthy Washington—Roadmap to Recovery." This means we are constantly researching, discussing, and meeting with other organizations as to what events are allowed and what would that look like to be held with the restrictions. As we are now in Phase 3 in Washington we are now able to hold outdoor events for up to 400 people in groups of 15 people (limit two households per group) with six feet of physical distancing maintained between groups. So we have moved from "tentative" reservations to actual reservations with collection of fees. It has been a year without park reservations, but here we are again...finally! • Organizers of special events are anxious to plan out their events. We have had discussions/meetings regarding: o The Spokane Valley Farmers market to be held on Fridays from June to September at CenterPlace and on the new West Lawn Plaza for "First Fridays" o Radio -Controlled Car Club of Spokane for their annual Memorial Day weekend race at the track at Sullivan Park o Valleyfest's Spokane Valley Cycle Celebration currently planned for July 25 o The Spokane Valley Summer Theater planning performances of Little House on the Prairie and their "Under the Stars" and "Rising Stars" reviews on the West Lawn in June and July o "Brews, Beats and Eats" - a family friendly event with breweries, music and food trucks planned for the West Lawn on August 21. o "Northwest Winterfest" currently planning to occupy Mirabeau Meadows for a Christmas-themed extravaganza from October through December • The Centennial Trail Coordinating Council meetings have gone to meeting quarterly. One of the maintenance issues we are addressing with various entities is the deterioration of a gabion wall by the Union Pacific railroad trestle west of Sullivan. 1 TION AND MAINTENANCE, continued • January brought a pretty powerful wind storm. We lost nine trees in the parks altogether, and fortunately, no structures were damaged. Hazardous areas were secured pretty quickly. Trees were limbed and all the trunk sections and debris were removed. The large holes created from the root balls were filled with soil, and irrigation was repaired. In March, we had another less powerful wind storm, which broke off the top of one tree. • The new directorship now includes overseeing facility maintenance at all City -owned buildings, which include CenterPlace, City Hall, the Police Precinct and the Maintenance Shop, plus two more maintenance staff. A couple items added to the list were: a security assessment was completed for CenterPlace; and the maintenance help desk "Spiceworks" application was expanded to include CenterPlace and new work flows. • Our Facility Usage Application and Special Event Permit Application forms were updated to be fillable pdfs, which will be convenient for the public. In addition, the two forms were audited by WCIA. We met with Legal and H.R. to go over the audit suggestions, and our forms have been updated to reflect the additional agreement, release, indemnification, and insurance wording. • A fillable pdf COVID-19 Plan template was developed for groups who are reserving park facilities, organizing special events, or renting space at CenterPlace. Event organizers must designate a COVID-19 Coordinator who will be on site to monitor their event and indicate in their plan how they will comply with requirements and recommendations from the Governor and the CDC. • We continue to meet every other week with the "homeless huddle" group to coordinate the City's response to homeless camps in our parks and trails. The meetings are now being led by the City's Homeless and Housing Coordinator, Arielle Anderson, and include Morgan Koudelka, the police dept., State Parks, DOT, and various social service agencies. We are extremely appreciative of their efforts to address this challenging issue for our park users and vulnerable populations. • Our parks maintenance crews have been gearing up for the park reservation season which began April 15 and runs through October 15. Spring cleanups have been completed. Water systems and irrigation are being charged up and activated. Our monthly meetings with Senske continue, as well as weekly coordination of park reservations and special events. 2 TION AND MAINTENANCE, continue • Several staff members continue to meet monthly with Economic Development. In addition to event planning and program marketing, an exciting joint effort we are now working on is developing a brand new website to promote the CenterPlace Regional Event Center and new West Lawn Plaza. The new website will be able to be maintained in-house with City and Parks & Rec staff. • A new citizen representative for the City of Spokane Valley was appointed to the Spokane County Conservation Futures Land Evaluation Committee. JB participated with Mayor Wick in interviewing several candidates and ultimately Bob Peregoy was appointed to the committee by the City Council. • The final phase of construction at Browns Park including the new Playground, Small Shelter, and Restroom adjoining the Splash Pad has begun. With this final phase, the upgrades to Browns Park will be complete. • A sure sign of spring is the flowing of the waterfall at Mirabeau Springs, which can be seen and heard from the West Lawn Plaza. 3 CENTERPLACE REGIONAL EVENT CENTER Moving Forward With COVID-19: The CenterPlace doors remain closed to the general public. However, under Phase 3 guidelines, we are now hosting select events at up to 50% room capacity. Staff evaluates each event application and requires the event organizer to submit a COVID-19 plan for their event. We already have 282 events booked for 2021. CenteiQ(ace (Regional -Event Center West Lawn Plaza REGIONAL EVENT C E 2426 N. Discovery Place Spokane Valley, WA 99216 509.720.5200 Centerplacespokanevalley.com New rack cards were created for the West Lawn Plaza. We distributed approximately 135 rack cards during the Bridal Festival. The new cards promote the West Lawn as a space for all kinds of private and public events and festivals. CenterPlace adds new West Lawn events space Plaza, concert stage added as key parts of $2.2 million in upgrades • Natasha Nelhs February 25th, 2021 ®r ®' ®o IEEE o ®o �P Spokane Valleyparks director John 0ottelli and Center Place coordinator Carol Carter say the renovated West Lawn space will be capable of hosting both community and private events. • The Journal of Business wrote an informative article about the new improvements at CenterPlace with the West Lawn Plaza. We know the excitement will continue as groups plan out their events and work with CenterPlace staff to secure their reservations. • While a few punch list items remain to be completed, the construction fencing has been removed and it is a joy to see the public exploring the West Lawn area each day. Staff received training on the new Plaza lighting system. • CenterPlace staffed a vendor booth at the Northwest's Premier Bridal Festival on March 20 and 21. The show was held at the Coeur d'Alene Resort. Approximately 1,400 people attended the event with 500 of them being brides. As a result of our participation at the festival we have since given several tours and received a handful of bookings. 4 COVID-19 Impacts Adult Dance Lessons (Ballroom, Swing, and Partner Dancing) are still on hold. Registrations are not being taken for Dance Lessons. City of Spokane Valley Parks and Recreation Guide 2021 • The Spring & Summer 2021 Recreation Guide is going virtual! The guide is being designed for citizens to go online and view (and register for) the most current programming information. Planning began for our Summer Day Camp and Free Park Program. • The planning for Summer Drive -In Movies began. Drive-in Movies can operate in ALL phases of the "Healthy Washington—Roadmap to Recovery." The movies are sponsored in part by Washington State Employees Credit Union. • Tina Gregerson, our Recreation Coordinator, applied for a grant with the Spokane Parks Foundation to provide funding for scholarships for Summer Day Camp. The Parks and Recreation Department was awarded a grant for $1,200 to assist low income families with registration fees for children to attend our summer camps! SPOKANE PARKS FOUNDATION Planting Roar. Growing Community. • Tina has also been collaborating with regional and state aquatics professionals to discuss reopening plans for aquatic facilities. We anticipate opening the Spokane Valley Pools this summer. • With the help of the Make a Splash in a Kid's Life program, the City of Spokane Valley will be able to offer free swim clinics at each pool and scholarships for swimming lessons! Free one -day Saturday swim clinics will be offered at each pool, sponsored by the Spokane Parks Foundation. Scholarships will be available to community members who qualify for free or reduced lunch at school. SPOKANF PARKSFOIJN[)A'fION MAKE A SPLASH . in a kids life • We anticipate our Summer Day Camps, Free Summer Park Programs, Summer Drive -In Movies, and Aquatic Programs to be available this summer for our citizens. We are monitoring the COVID-19 guidelines and phases of the Governor's "Healthy Washington—Roadmap to Recovery" and will adjust programs and events as needed. Each program will have a COVID-19 Plan in place and will be approved by the Spokane Regional Health District prior to operating. 5 SPOKANE VALLEY SENIOR CENTER • The Senior Center is still currently closed due to COVID-19. • Kendall May, Recreation Specialist and Senior Center Liaison, has been meeting frequently with other local Senior Center Coordinators to discuss virtual activity options and safe activity programs in preparation for when members and participants can meet again. • The SVSCA Board continues to conduct board meetings via ZOOM. Board meetings are held the first Thursday of each month, and minutes are summarized in their newsletter. • Two new board members, Susan Wentz and Dolores Haley, were appointed in March. Both have previous board experience and will be great additions to the Association. • The Senior Citizens Association continues to encourage members to pay their dues and donate to the Senior Center. Over $8,000 in donations were received over the last year. • A newsletter was sent out in February and the next is scheduled to be mailed in mid -April. A goal of the Spokane Valley Senior Citizens Association is to obtain City of Spokane Valley approval to resume select activities inside the Senior Center beginning in June! 6 Dave Ellis ChiefofPolice Spokane Valley Police Department Accredited Since 2011 Services provided in partnership with the Spokane County Sheriff's Office and the Community, Dedicated to Your Safety. Ozzie Knezorach Sheriff TO: Mark Calhoun, City Manager FROM: Dave Ellis, Chief of Police DATE: April 15, 2021 RE: Monthly Report March 2021 ADMINISTRATIVE: Chief Ellis was invited by third -grade teacher Connie Ames at Sunrise Elementary to read to her students in early March. Still using covid protocol, the reading was done virtually, and Chief Ellis enjoyed interacting with the students during the on-line session. Chief Ellis attended a virtual meeting in early March regarding Homeland Security Grant Program Operation Stonegarden (OPSG). This program provides funding to enhance cooperation and coordination among state, local, tribal, territorial, and federal law enforcement agencies to jointly enhance security along the United States land and water borders. The quarterly Spokane Regional Safe Streets Task Force meeting was held in mid -March, which Chief Ellis attended along with other local law enforcement. Nicole Burbridge was commissioned in mid -March as our newest deputy. She is a 29-year-old Spokane native who attended Central Valley High School (2006-2010) and North Central High School (2010). She comes to our agency from the Cheney Police Department, where she served as a patrol officer since January 2018. In mid -March, there was a signing ceremony for the Intergovernmental Support Agreement for the Spokane Regional Indoor Small Arms Range Partnership. This event culminates a one -of -a -kind, eight -year effort to forge a partnership between Spokane County, the Spokane County Sheriff's Office, Page 1 and Fairchild Air Force Base. The Small Arins Range will be the first of a kind, providing a training facility for Air Force and Sheriff's Office instructors to train airmen and deputies simultaneously. The goal of this partnership is to best utilize limited resources to provide a capability that both Spokane County and Air Force mission needs. The Spokane Regional Emergency Communications Governing Board held their monthly meeting, which Chief Ellis attended along with other local fire and law enforcement command staff. Chief Ellis also attended the monthly Joint Terrorism Task Force meeting. In late March, Chief Ellis was presented with a certificate from the National Society of the Daughters of the American Revolution in appreciation for flying the U.S. flag at the precinct, for nearly two decades. SHERIFF'S COMMUNITY ORIENTED POLICING EFFORT (SCOPE): S.C.O.P.E. re -opened their 14 substations March 1st. They implemented several different plans during this Covid- 19 period. They were fortunate to get large quantities of masks, sanitizers and digital thermometers for the volunteers. During 2020, they had shut down the volunteer program for a period of several months and then was asked by the Sheriff's Office if we could bring back a limited amount of volunteers for support that directly assists the agency such as: • Traffic Control (at vehicle crashes, structure fires, criminal scenes, etc.) • Volunteers working with the Spokane Valley Investigative Unit, picking up and viewing shoplifting videos and placing evidence on to Property) • Pawn shop detail (a volunteer working alone at a computer) • DOC (data collection) • Delivering PPE weekly • Vehicle Latent Print. Lifting (this was closed down for inclement weather, and started back up during the month) • Abandoned Vehicle Enforcement As a result of the Covid-19 pandemic closure, S.C.O.P.E. had about half as many volunteer hours in 2020 as they normally do. Now that they are going to slowly open up, they will still continue to wear masks, social distance, whether are working in stations or out on patrol with a partner. They have been very fortunate to have had only a handful of positive Covid-19 cases out of the 289 volunteers. Page 2 In the month of March, S.C.O.P.E. participated in: • Police Clergy Meeting with Chief Ellis • Latent Print Meeting (Vehicle Prowls) • Crime Free Rental Property Training (Presented about S.C.O.P.E. to apartment managers) • Mock Sleet Training (S.C.O.P.E. Large Animal Evacuation training) • S.C.O.P.E. Volunteers deliver PPE supplies weekly to medical, fire stations, senior care facilities and others. • S.C.O.P.E. Volunteers helping with some Food Bank drop offs • S.C.O.P.E. Volunteers patrolling neighborhoods and businesses • Training Radar Speed Awareness Volunteer Patrols to work on new speed equipment March 2021 Volunteers Hours per Station *Includes estimated volunteer service hours that are provided in the City of Spokane Valley. These two locations cover both Spokane Valley and the unincorporated portion of the county. Location # Volunteers Admin Hours L.E. Hours Total Hours Central Valley 5 27 12 39 East Valley* 22 213.5 273.5 487 Edgecliff 5 37 17 54 Trentwood 3 30.5 14.5 45 University 12 237.5 41 278.5 West Valley* 18 278 52.5 330.5 TOTALS 65 823.5 410.5 1,234 Volunteer Value ($31.72 per hour) $39,142.48 for March 2021 The SCOPE Latent Fingerprint Team was given 22 cases for the month of March for latent prints; 12 of those cases were for incidents in Spokane Valley. Of the 22 cases, 14 either cancelled the request for prints, were no-shows, or volunteers were unable to set up a date/time to dust for prints. For the 12 cases in Spokane Valley, only 2 victims were able to bring in their vehicles to be dusted for prints; prints were lifted by the team on one of those vehicles. SCOPE DISABLED PARKING ACTIVITY REPORT Cityof Spokane Valle #of Vol. #of His. #of Disabled Infractions Issued #of Warnings Issued #of Non - Disabled Infractions Issued January 0 0 0 0 0 February 0 0 0 0 0 March 0 0 0 0 0 YTD Total 0 0 0 0 0 Page 3 Spokane County # of Vol. # of Hrs. # of Disabled Infractions Issued # of Warnings Issued # of Non - Disabled Infractions Issued January 0 0 0 0 0 February 0 0 0 0 0 March 3 6.5 0 9 0 YTD Total 3 6.5 0 9 0 S.C.O.P.E. Incident Response Team (SIRT) volunteers contributed 25 on -scene hours (including travel time) in March; 19 of those hours were for incidents in Spokane Valley, responding to crime scenes, motor vehicle accidents and providing traffic control. There was one special event in March, the Lone Wolf Hog Ride in Spokane Valley. Total volunteer hours contributed by SIRT, including training, standby, response and special events is 742 for March; total for 2021 is 2,346. Abandoned Vehicles January 2021 February 2021 March 2021 Tagged for Impounding 26 38 59 Cited/Towed 0 0 18 Hulks Processed 11 10 11 Total Vehicles Processed 104 105 149 Yearly Total of Vehicles Processed 104 209 358 OPERATIONS: Traffic Unit Investigators at the Scene of a Two -Vehicle Collision on University and Valleyway - Spokane Valley Traffic Unit Investigators continue to investigate a two -vehicle collision on University Rd. at Valleyway. The four people in the vehicles were transported to the hospital, one with a possible serious injury. In early March, at approximately 10:45 am., Spokane Valley Deputies responded to a reported vehicle crash in the intersection of University and Valleyway in Spokane Valley. The caller stated two vehicles were involved, with one that rolled into the front yard of a home. Arriving deputies found a white Chevy S-10 truck on its side in the front yard of a residence and a silver Dodge Caravan with heavy front-end damage in the roadway. They contacted the three occupants of the caravan and the sole occupant of the S-10. All four were injured in the violent collision. Spokane Valley Fire and AMR personnel responded to the scene to provide medical care. All of the persons involved, one with possible serious injuries, were transported to the hospital for additional care and. evaluation. Spokane Valley Traffic Unit Investigators were called to the scene to conduct the investigation. Initial information indicates the S-10 was traveling west on Valleyway. The adult male driver failed to stop for the stop sign at University and traveled into the intersection. The caravan, traveling north on University, collided with the side of the S-10, causing it to roll into the front yard of a residence. A piece of debris flew from the pickup and broke a window of the home. The suspect (driver) of the S-10 admitted to being a user of illicit drugs, and drug paraphernalia was located, but he stated he had not used drugs today. Investigators developed probable cause to request and obtain a search warrant for a sample of the suspect's blood. Depending on the extent of the victim's injuries and the investigation's findings, the suspect could face charges Page 4 up to Vehicular Assault after receiving medical care. This remains an active investigation. No further information is available at this time. Pointing Lasers at ANY Aircraft is Dangerous & Administration, "Laser strikes against pilots increased traffic operations. In 2020, pilots reported 6,852 laser strikes to the FAA. This is an increase from 6,136 laser strikes reported in 2019 and is the highest number reported to the agency since 2016." Lately, local flight crews (Air 1 and Life Flight) have also been subjected to these intentional and hazardous Laser Strikes, This intentional act is not only dangerous; it is a felony crime and can cause injury, possibly permanent, to a person's vision, in addition to causing momentary blindness, increasing the potential of a crash. In Washington, Unlawful Display of a Laser 1 s1 Degree is a class C felony. It is unlawful for a person to discharge a laser at a law enforcement officer while performing his/her duties, at a pilot, at a firefighter, at a transit operator or driver, or at a school bus driver. Illegal - According to the Federal Aviation in 2020 even with the overall decrease in air Federal Aviation Administration htt05:/lwvnv.taa.eov/ne.slijcdate5J?n ev sld-9s920 Laser Strikes Increase Even with Fewer Planes Flying WASHINGTON—Laseratrikes against pilots increased in 2020 even with the overall decrease In air 'raffle operations. In 2020, pilots reported 6,852 laser strikes to the FAA. This is an Increase from 6,136 laser strikes reported In 2019 and is the highest number reported to the agency since 2016. The Federal Aviation Administration (FAA) remains vigilant in raising awareness aboul misuse of lasers when they are pointed towards aircraft. Intentionally aiming lasers at an aircraft poses a safely threat to pilots and violates federal law. Many high-powered lasers can Incapacitate pilots flying aircraft that may be caning hundreds of passengers The FAA works closely whh federal, state and local law enforcement agencies to pursue civil and criminal penalties againsl people who purposely aim a laser at an aircratl. The agency takes enforcement action against people who violate Federal Aviation Regulations by shining lasers at aircraft and can impose civil penalties of up 10 811,000 per violation. The FAA has Imposed civil penalties up to $30,800 against people for multiple laser Incidents. Please watch our video about the dangers of lasers, statistics on laser slrikes_and read our fact sheel for more information. Page last modified: March 0B, 20218:24:30 AM EST RCW 9A.49.020 Unlawful discharge of a laser in the first degree. (1) A person is guilty of unlawful discharge of a laser in the first degree if he or she knowingly and maliciously discharges a laser, under circumstances not amounting to malicious mischief in the first degree. (a) At a law enforcement officer or other employee of a law enforcement agency who is performing his or her official duties in uniform or exhibiting evidence of his or her authority, and in a manner that would support that officer's or employee's reasonable belief that he or she is targeted with a laser sighting device or system; or (b) At a law enforcement officer or other employee of a law enforcement agency who is performing his or her official duties, causing an impairment of the safely or operation of a law enforcement vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the officer or employee; or (c) At a pilot, causing an impairment of the safety or operation of an aircraft or causing an interruption or impairment of service rendered to the public by negatively affecting the pilot; or (d) At a firefighter or other employee of a fire department, county fire marshal's office, county fire prevention bureau, or fire protection district who is per forming his or her official duties, causing an. impairment of the safety or operation of an emergency vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the firefighter or employee; or Page 5 (e) At a transit operator or driver of a public or private transit company while that person is performing his or her official duties, causing an impairment of the safety or operation of a transit vehicle or causing an interruption or impairment of service rendered to the public by negatively affecting the operator or driver; or 09 At a school bus driver employed by a school district or private company while the driver is performing his or her official duties, causing an impairment of the safety or operation of a school bus or causing an interruption or impairment of service by negatively affecting the bus driver. (2) Except as provided in RCW 9A.49.040, unlawful discharge of a laser in the first degree is a class C felony. It is also a federal crime to knowingly discharge a laser at an aircraft. On January 16, 2021, Air 1 Flight Crews were intentionally targeted by a person with a laser while assisting in the search for an armed robbery suspect in the area of Mission and Adams in Spokane Valley. The cockpit was illuminated a few times with the green laser, prompting the crew to notify local air traffic control of the hazard. The investigation into this incident continues, and leads have been established, but no arrests have been made. On February 1, 2021, Air 1 Flight Crews were in route to assist in the search for a missing woman near Fourth of July Lake in Lincoln County, when they were notified a Life Flight helicopter crew was hit with a laser as they orbited a downtown hospital waiting for another aircraft to clear. When Air 1 returned to the area after the search, they orbited the same general area, and within a few minutes, they were struck by a green laser emitting from the area of Ruby and Desmet. They notified Air Traffic Control and Spokane Police Department ground units of the incident. Soon after, they received a second laser strike from the same general area. A search with the assistance of SPD did not locate a suspect. Just after, while Air 1 was in the area of the 900 block of N. Ruby, they were hit by a third laser strike from the east, approximately 1.5 miles away. This laser seemed more intense and tracked Air 1 for approximately two seconds. They searched the area attempting to pinpoint a specific location, but nothing else was observed. Please do NOT point lasers at anyone, especially aircraft. If you are caught doing so, you will be charged and arrested. Two Suspects Arrested Following Late -Night Armed Robbery and Violent Assault - Spokane Valley Sheriff's Major Crimes Detectives were at the scene of a late -night armed robbery where the victim was violently beaten. Two suspects, an adult male and a juvenile male were arrested and charged with Robbery 1st Degree and Assault 1st Degree. The victim received severe injuries to his head and was hospitalized, later reported to be in stable condition. In mid -March, just after 1:00 am., Spokane Valley Deputies responded to the report of a robbery near Mansfield Ave. and Perrine Rd. in Spokane Valley. The adult male victim reported he was robbed at gunpoint and assaulted. Arriving deputies contacted the victim, who was seated in a vehicle. He had blood all over Page 6 his face and hands. He was provided medical treatment at the scene by Spokane Valley Fire and AMR personnel, but he refused to be transported to the hospital by ambulance against medical advice. He was transported to the hospital by a family member and was in stable condition at last check. Through their investigation, deputies located two suspects at the Perrine Court Apartments. They were safely detained and later arrested, charged with Robbery 15t Degree and Assault 2nd Degree. The 18-year- old male suspect was booked into the Spokane County Jail. The second suspect, a 16-year-old juvenile male, was booked into the Spokane County Juvenile Detention Center. Spokane Valley Major Crimes Detectives were called to the scene to continue the investigation. They requested and were granted search warrants as part of the investigation. Initial information indicates the victim and the suspect met regarding the purchase/sales of vape pens. The suspects, both armed with handguns, entered the victim's vehicle. One suspect began violently striking the victim in the head with a pistol. At some point, a shot was fired near the victim's head, and the bullet exited the car through the front windshield. Major Crimes Detectives continue their investigation. Anyone with information regarding this incident is urged to call Crime Check at 509-456-2233, reference #10030075. Major Crimes Detectives Investigating Shooting at Pines and Sprague - Spokane Valley Deputies and Major Crimes Detectives were at the scene of a shooting in Spokane Valley in mid - March. The victim, who suffered life -threatening injuries, was not cooperative. He was transported to the hospital for additional treatment. The suspect vehicle fled the scene prior to the arrival of deputies. The vehicle description was quickly obtained from witnesses and broadcast, via radio, to all local law enforcement agencies. Soon after, a car matching the description of the suspect vehicle was stopped by Spokane Police Department Officers. An adult female and an adult male were detained for questioning regarding this incident. In mid -March, at approximately 2:40 pm., reports of a shooting at Pines and Sprague were received. Callers stated an adult male was shot and bleeding from the chest in the parking lot of Walgreens and the suspect(s) fled the scene in an older white sedan, possibly a Toyota. Deputies arrived within a couple of minutes and immediately began to provide life-saving aid. They also gained witness descriptions of the fleeing suspect vehicle and broadcast via radio to all local law enforcement agencies. A short time later, an alert Spokane Police Officer noticed a car matching the description and stopped the vehicle near 5th and Thor. An adult male, who is a 14-time convicted felon, and an adult female inside the vehicle were detained and transported to the Public Safety Building to be interviewed by Spokane Valley Detectives. The vehicle was seized pending a search warrant. Initial information indicates a female and male arrived at Walgreens in an older sedan and made contact with the victim. The victim approached the car, and a discussion appeared to escalate. The victim appeared to reach into the vehicle, and a struggle seemed to ensue. The vehicle began to back up, with the victim hanging out of the window. When it stopped, the victim fell to the ground suffering from a gunshot wound(s) as the suspect vehicle fled the scene. The victim, who was conscious, was provided medical attention by arriving deputies until Spokane Valley Fire and AMR personnel arrived. The victim declined to answer questions posed by deputies; he was in serious condition at last check: (This is the second time he has been a victim of a shooting. During this investigation and during the previous one on 12/8/2020, at a residence in the 2200 block of N. Indian Bluff Rd, he was not cooperative with investigators.) Later in the afternoon, the 32-year-old male suspect was charged with the violent offense of Robbery 15t Degree, with Assault 1st Degree and Unlawful Possession of a Firearm 1st Degree. He was booked into the Spokane County Jail, where he remains on a $200,000 bail. The female who was detained during the traffic stop was not charged and later released. The victim was hospitalized and, at last Page 7 check, listed in serious condition. Major Cringe Detectives obtained a search warrant for the vehicle. What appears to be a small -caliber rifle with a shortened stock and barrel was observed on the passenger's side floorboard of the car. This and the December 2020 incident remain active investigations. It is not known if these two incidents are related in any other way other than the victim. At this time, no one has been arrested in association with the December 8, 2020, shooting. Anyone with information regarding either of these incidents is urged to call Crime Check, reference #2021-10034362 (Pines/Sprague) or 2020-10161014 (Indian Bluff). Spokane Valley Deputy's Kindness Brings Joy to Troubled Child in Need - A Spokane Valley Sheriffs Deputy's act of compassion and kindness, along with the help of Walmart employees, Multicare Valley Hospital staff, and fellow deputies, brought some joy to a troubled reported juvenile runaway. In late March, at approximately 8:30 am., Spokane Valley Deputy Skye Ortiz responded to the report of a young boy who was found in the 5000 block of E. Sprague by Walmart employees. The child was said to be 13 years old. The caller stated the child appeared cold, was shaking, and said he was waiting for his parents, who he said were coming from Seattle to pick him up. Deputy Ortiz arrived and began to talk with the youth. It was clear the child had been outside for hours and was cold. What wasn't clear is where the child lived or who he was. Initially, it appeared the child might be a victim of abandonment, but with the information he was providing, computer searches were unsuccessful. He told Deputy Ortiz he had been living on the streets and his parents lived in Seattle. He missed his birthday and was very cold. Page 8 Without knowing the actual circumstance that led up to the child being found by employees at Walmart, Deputy Ortiz merely saw a child in need who was cold, scared, and lacked dry, warm clothing. Therefore, he asked the store employees to pick out some clothes, books, and other items, which he then purchased. The juvenile was brought to Multicare Valley Hospital to be medically evaluated. On the way to meet with the youngster, Deputy Ortiz remembered the child stated he missed his birthday, so he stopped and picked up a birthday cake to bring some happiness to the child who was clearly in need of some help. At the hospital, several other deputies drove by in their patrol cars with their emergency lights on to show they cared for this young child who looked on from a hospital bed with the aid and support of hospital staff. As the investigation into this incident continued, Child Protective Services (CPS) arrived to help find the child's parents or guardian. After some time, it was learned the child had been providing a previous last name. He should have been living at a juvenile home, but he ran away on the evening of March 20, 2021, and was reported as a runaway. It appears he has experienced some mental health and behavioral problems and in need of more long-term help than the deputies, store employees, and hospital staff could provide that day. CPS took custody of the juvenile, and the home where he lived was advised he had been located. Major Crimes Detectives Investigating Late -Night Shooting that Tragically Took the Life of 15- Year-Old Juvenile - Spokane Valley Major Crimes Detectives are investigating a late -night shooting at an apartment complex located in the 9700 block of E. 61' Avenue that claimed the life of a 15-year-old male. Anyone with information regarding this incident or can help Investigators identify the person(s) involved is urged to call Crime Check at 509-456-2233, reference #10038368. In late March, at approximately 10:50 pm., Spokane Valley Deputies began to respond to a call of a possible shooting in the 9700 block of E. 6fi' Avenue in Spokane Valley. Arriving deputies located a 15-year-old juvenile male suffering from life -threatening gunshot wounds and immediately provided medical aid. Spokane Valley Fire and AMR personnel arrived and took over the victim's care, but unfortunately, despite everyone's efforts, the victim died at the scene. Deputies quickly established a perimeter, and a K9 Unit, Air 1, and Major Crimes Detectives were called out to assist. The initial information indicates the victim went outside to meet a person or persons and was struck by gunfire. Witnesses stated a person wearing dark clothing was seen running from the scene. From information obtained during the investigation thus far, detectives believe the victim knew the suspect(s) he was meeting. The information obtained also indicates the victim was involved in an on -going conflict with several individuals. This continues to be an active investigation, and no arrests have been made at this time. Anyone with information regarding this incident or can help Investigators identify the person(s) involved is urged to call Crime Check at 509-456-2233, reference #10038368. Suspect Arrested after Hitting Woman's Ex -Boyfriend and Fleeing the Area - Spokane Valley Sheriff's Major Crimes Detectives responded to assist Spokane Valley Deputies with an assault involving a vehicle and a bit -and -run injury crash. The victim and the suspect had both dated the female witness, who was present when the incident occurred. The victim received severe injuries to his legs. In late March, just after 1:20 pm., Spokane Valley Deputies responded to the Page 9 report of a male screaming in pain in the parking lot located in the 11700 block of E. Montgomery. The caller reported a female was in the parking lot with the male. A coworker of the caller said the male had been run over. It was also reported a back Honda was seen leaving the parking lot as Spokane Valley Fire and AMR personnel arrived. Responding deputies observed a black Honda matching the description of the one seen leaving the location and conducted a traffic stop and contacted the female driver. She was not forthcoming and only provided a limited amount of information. The 43-year- old male victim stated he was run over by the 31-year-old male suspect. He explained the suspect is his ex -girlfriend's (the female driving the black Honda) boyfriend. He and the female rode together in the black Honda and arrived in the parking lot where the incident occurred, to retrieve some of the female's property from a box truck parked there. Soon after, the male suspect arrived in a Toyota Camry and purposely ran into the back of the Honda. The victim exited the Honda to confront the suspect and ask what he was doing. When he did, the suspect put the Toyota in gear, then hit and ran over him, causing him to be drug for a short distance. The victim was treated at the scene and transported to a hospital for severe injuries to his legs. Major Crimes Detectives responded to the scene to continue the investigation. After being advised of her rights, the female told detectives she was picked up by the victim earlier in the day. They went to a friend's house where the suspect showed up and became upset when he saw she was with the victim. The male suspect was angry and called her names as he screamed and cussed at her before leaving in the Toyota. Figuring she and the suspect were "over," she asked the victim to drive her to the box truck's location to get some of her property. While she was inside the back of the truck, gathering her property, she heard the loud sound of two cars colliding and the victim screaming. She looked out of the box truck, noticed the victim lying on the ground, and called 911. She said the victim told her to pick up his son, and after medical personnel arrived, she left to do so as the victim requested. She was pulled over by deputies a short distance from the scene. Deputies attempted to contact and interview any possible witnesses in the area. Deputy Hall contacted the male suspect by phone. He initially said the incident wasn't his fault and the victim intimidated him, and was being aggressive toward him. Being intimidated, he tried to flee the parking lot, and that's when the victim was struck. He said he confronted the victim and his ex -girlfriend, who were "robbing" his truck. Deputy Hall explained he needed to talk to the suspect as part of the investigation and get his side of the story. The suspect said he left the Toyota on Montgomery near Coca-Cola, but would get a ride back from his friends who also witnessed the incident. Deputy Hall was unable to locate the Toyota in the area where the suspect said he left it. Unable to find the vehicle or locate the male suspect, Deputy Hall called him back. The suspect confessed he was still with the car and was in the Safeway parking lot located at Trent and Argonne. Deputy Walton responded to the parking lot and contacted the male suspect. He was taken into custody without further incident. As the investigation continued, Major Crimes Detective Derek McNa11 authored a probable cause affidavit, charging the suspect with Assault dnd Degree and Hit and Run -Injury. He was transported and booked into the Spokane County Jail on these charges. The suspect remains in jail on these charges with a bond set at $7,500. He also is being held on an unrelated Theft 1st Degree charge with an additional bond of $2,500. The female was released and not charged with a crime stemming from this incident. Several Active SCAMS —Don't Be Duped Spokane County Sheriff's Office has received reports of several active scams in our area. The most active appear to be the Social Security Scam, IRS Scam, and the "You have a warrant and must pay immediately" scam. Don't fall for these lies; do NOT provide personal information, banking information, or pay any "fee" under the fear of a threatening predatory stammer. If the person contacting you is unsolicited, never provide any of this type of information over the phone, email, or social media account. Do some research, find the contact number for the agency or business yourself, and contact them. Law enforcement, courts, any Page 10 other government agency, or legitimate business will never call you and demand prepaid credit cards for payment, threaten to arrest or shut off your services if you don't. However, scammers will! Don't be fooled. All of these scams are generally the same story: you or someone you care about did something wrong. IF you pay immediately (usually prepaid credit cards, Apple or other gift cards, or any other financial transaction card), you will stay out of jail, not have your social security benefits denied, or your utilities turned off. Nothing needs to happen immediately! Check the story out on your own before you LOSE your money. For more information regarding Common Scams and Frauds or to report incidents, please go to the usa.gov website. https://www.usa.gov/cornmon- scams-frauds Report Telephone Scams It's important to report phone scams to federal agencies. They can't investigate individual cases. But your report can help them collect evidence for lawsuits against scammers. • Report telephone scams online to the Federal Trade Commission. You can also call 1-877- 382-4357. The FTC is the primary government agency that collects scam complaints. Report Banking Scams The proper organization to report a banking scam depends on which type you were a victim of. • Report fake checks you receive by mail to the US Postal Inspection Service. • Report counterfeit checks to the Federal Trade Commission, either online or by phone at 1- 877-3 82-4357. • Contact your bank to report and stop unauthorized automatic withdrawals from your account. • Forward phishing emails to the Federal Trade Commission at spam@uce.gov. uce.gov. From the IRS Tax Scams/Consumer Alerts webpage (https://www.irs.gov/newsroom/tax-scams- consumer-alerts), "Thousands of people have lost millions of dollars and their personal information to tax scams. Scamrners use the regular mail, telephone, or email to set up individuals, businesses, payroll, and tax professionals. The IRS doesn't initiate contact with taxpayers by email, text messages or social media channels to request personal or financial information. Recognize the telltale signs of a scam. See also: How to know it's really the IRS calling or knocking on your door." Prevention Tips that will help you be less appealing to Car Prowling Thieves With the long, cold days of winter now hopefully behind us, it's time to start getting outside to enjoy the nice weather and sunshine. Deputy Chris Johnston and the Spokane County Sheriff s Office/Spokane Valley Police Crime Prevention Unit would like to take a moment to give you some tips about vehicle prowling prevention: • Avoiding becoming the victim of a vehicle prowler starts before you even park and exit your vehicle! Upon arrival at your destination, choose a parking spot that is close to other people/ activities. If you won't be returning until after dark, look for nearby lighting sources and try to keep your car well -lit. • Before exiting your car, scan the area around you. Pay attention, and look for anything that seems out of place. Vehicle prowlers sometimes wait for others to park, then watch people as they leave their vehicle unattended and exit the area. Is someone loitering in the parking area unnecessarily, Page 11 either on foot or in another nearby vehicle? If so, call Crime Check to report suspicious activity to local law enforcement. • Be sure that all windows on your vehicle are all the way closed and doors are locked. It's temping with hot temperatures to want to leave windows open for ventilation, but it's attractive to would- be thieves. • Vehicle security systems are an excellent theft deterrent. If your car did not come with a factory - installed security system, invest the money in having an aftermarket system installed. You can get a system with a "starter kill" relay for a little extra, which will also prevent your car from being stolen. • Last but not least, don't leave ANYTHING in your vehicle that you're not willing to lose! Commonly stolen items include wallets, purses, tablets, GPS units, clothing, backpacks, garage door openers, etc. ANYTHING left in open view is a potential target for theft- loose change, charging/power cords, tools, etc. Thieves don't care about the cost of repairing the damage they do to your car. Leaving these items at home or hiding them out of view prior to arriving at your destination will take away the invitation to break into your vehicle. Also, don't be a victim due to the "time excuse." Frequently, victims of vehicle prowling report that. they were "only gone for a few minutes." It takes just a few seconds for a bad guy to break a window, enter your car, and take whatever you left there for them. Or worse, they might elect to steal your entire car. Criminals generally try to find opportunities that make their criminal and selfish act easier. They are looking for easy targets that lessen their risk of being caught. Remind yourself of this fact. Make yourself a less appealing opportunity for thieves by keeping your vehicle more secure and your valuables out of sight. We encourage residents who have operational surveillance cameras outside their home to go to the Sheriff's website and register their home and video cameras. Thank you. https://www.s•okanec©un .orb/1O8O/Sheriff VIP Video Identl ticat[on Program CLICK HERE tovoInnI..e,JnLn the VO?prop. LOCK ITEMS IN YOUR TRUNK OBSERVE AND REPORT CARS SHOULD KEEP GARAGE NEVER RUN DOORS CLOSED UNATTENDED Page 12 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Burglary 80 60 50 40 30 20 10 0 ›- cc Z FEBRUARY u e CC a SEPTEMBER CC w CO 0 F- U 0 NOVEMBER DECEMBER --- 2018 —II-2019 .—fir—Calendar 2020 Calendar 2021 Month Count Year 2018 2019 Calendar 2020 Calendar 2021 January 51, 33 40 53 February 26' 20 56 45 March 33 37 53 41 April 36 35 70 May 34 57 65 June 29 38 69 July 44 48 63 August 51 57 58 September 38 50 67 October 48 46 68 November 49 40 57 December 47 40 63 Grand Total 486 501 733 139 IBR Offense: Burglary/Breaking & Entering 220 Produced: 4/15/2021 For Law Enforcement Use Only This document is confidential and may not he further disserninated or released to any unauthorized persons pursuant to RCW 42,56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Murder NonNeg Manslaughter 1.2 t • ♦ 0.8 0.6 0.4 0.2 0 JANUARY FEBRUARY x u cc >- w >- H a z in n L7 n SEPTEMBER OCTOBER NOVEMBER DECEMBER —0-2018 ®ice•-- 2019 (Calendar 2020 Calendar 2021 Month Count Year 2018 2019 Calendar 2020 Calendar 2021 January February 1 1 March April May 1 June 1 July August September October November December 1 1 Grand Total 1 1 3 1 *IBR Offense: Murder/Non-Negligent Manslaughter 09A Produced: 4/15/2021 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Identity Theft 500 i 450 400 350 300 250 200 150 100 50 0 CL z FEBRUARY x u cc 2 z J SEPTEM BER OCTOBER NOVEMBER DECEMBER —*-2018 2019 — —Calendar 2020 Calendar 2021 Month Count Year 2018 2.019 Calendar 2020 Calendar 2021 January 20 19 18 12 February 16 10 16 17 March 13 13 12 20 April 22 19 17 May 21 13 442 June 17 5 48 July 14 12 25 August 14 8 27 September 13 14 16 October 21 17 18 November 23 12 15 December [6 7 16 Grand Total 210 149 670 49 *IBR Offense: Identity Theft 26F Produced: 4/15/2021 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Fraud 120 oa 80 60 40 20 0 r 7 z FEBRUARY _ } w > r U W - Q Z ▪ vi n. 2 7 7 7 < < vJ SEPTEMBER OCTOBER NOVEMBER DECEMBER —6-2018 —II— 2019 Calendar 2020 Calendar 2021 Month Count Year 2018 2019 Calendar 2020 Calendar 2021 January 69 65 70 65 February 46 32 58 57 March 59 63 49 96 April 55 57 62 May 67 56 85 June 65 50 74 July 65 65 65 August 62 65 70 September 49 55 67 October 60 75 76 November 56 68 62 December 60 49 61 Grand Total 713 700 799 218 * IBR Offense: Fraud - Credit Card/ATM 26B, Fraud - False Pretenses/Swindling/Con Games 26A, & Fraud - Impersonation 26C Produced: 4/15/2021 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant Co RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: DUI Month Count Year 2018 2019 Calendar 2020 Calendar 2021 January 21 32 25 21 February 18 21 28 25 March 39 21 9 16 April 13 27 18 May 33 18 16 June 23 27 27 July 15 25 25 August 28 23 22 September 37 40 22 October 33 29 28 November 31 35 21 December 22 21 22 Grand Total 313 319 263 62 * IBR Offense: DUI 90D Produced: 4/15/2021 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Drugs 80 70 60 50 40 30 20 10 0 44446,40 FEBRUARY a- w r r Q 2 '1 to D Q SEPTEMBER cc 0 F- U 0 NOVEMBER DECEMBER — e— 2018 2019 — A—Calendar 2020 Calendar 2021 Month Count Year 2018 2019 Calendar 2020 Calendar 2021 January 42 52 49 30 February 38 42 61 36 March 64 58 53 4 April 57 67 38 May 36 40 65 June 56 30 54 July 57 45 38 August 43 54 35 September 33 43 36 October 52 44 35 November 41 56 40 December 48 40 32 Grand Total 567 571 536 70 * IBR Offense: Drug Equipment Violations 35B & Drugs/Narcotics Violations 35A Produced: 4/15/2021 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42,56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Theft From Motor Vehicle 160 140 120 100 80 60 40 20 0 a CC w 5- Q w cc Lu co F a N re 03 0 N u 0 NOVEMBER DECEMBER —0-2018 --i-- 2019 —*—Calendar 2020 --NI—Calendar 2021 Month Count Year 2018 2019 Calendar 2020 Calendar 2021 January 75 51 67 88 February 32 44 98 105 March 78 72 58 75 April 62 120 75 May 69 140 85 June 66 84 81 July 106 112 77 August 87 98 148 September 85 80 130 October 104 97 116 November 112 96 90 December 70 112 97 Grand Total 946 1106 1122 268 * IBR Offense: Theft From Motor Vehicle 23F Produced: 4/15/2021 For Law Enforcement Use Only This document Is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Motor Vehicle Theft 50 45 40 35 30 25 20 15 10 5 0 JANUARY FEBRUARY ce } W 7- N Q Z J Vn t7 d SEPTEMBER OCTOBER NOVEMBER DECEMBER —� 2018 —11-2019 —&—Calendar 2020 —II—Calendar 2021 Month Count Year 2018 2019 Calendar 2020 Calendar 2021 January 36 34 32 28 February 24 22 32 26 March 28 19 31 25 April 27 29 29 May 25 33 29 June 24 25 33 July 39 31 25 August 18 31 25 September 26 37 27 October 31 25 32 November 45 36 29 December 29 35 29 Grand Total 352 357 3.53 79 * IBR Offense: Motor Vehicle Theft 240 Produced: 4/15/2021 For Law Enforcement Use Only This document is confidential and may not be further clisseninated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Robbery Month Count Year 2018 2019 Calendar 2020 Calendar 2021 January 6 3 8 7 February 2 8 12 7 March 5 4 6 5 April 6 4 8 May 8 6 3 June 3 2 8 July 7 8 5 August 6 11 6 September 6 8 8 October 5 7 6 November 3 11 3 December 4 10 5 Grand Total 61 82 78 19 *IBR Offense: Robbery 120 Produced: 4/15/2021 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Assault Month Count Year - 2018 2019 Calendar 2020 Calendar 2021 January 84 71 93 72 February 62 62 95 51 March 100 74 80 63 April 88 68 97 May 80 87 87 June 102 79 104 July 112 103 87 August 84 95 98 September 76 72 79 October 82 67 80 November 79 85 74 December 89 77 63 Grand Total 1038 940 1037 186 IBR Offense: Aggravated Assault 13A & Simple Assault 13B Produced: 4/15/2021 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts 1BR Classification: Theft Month Count Year 2018 2019 Calendar 2020 Calendar 2021 January 238 238 240 197 February 165 188 199 184 March 208 212 197 194 April 202 208 181 May 230 230 152 June 223 230 218 July 236 236 195 August 213 255 167 September 194 230 219 October 234 239 203 November 198 _ 206 217 December 251 231 230 Grand Total 2592 2703 2418 575 * IBR Offense: Theft - All Other 23H, Theft - Pocket -Picking 23A, Theft - Purse -Snatching 23B, Theft - Shoplifting 23C, Theft From Building 23D, Theft From Coin -Operated Machine 23E, & Theft of Motor Vehicle Parts/Accessories 23G Produced: 4/15/2021 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Rape 18 16 14 12 10 8 2 0 FEBRUARY 2 w Y H SEPTEMBER OCTOBER NOVEMBER DECEMBER —41-2018 -iH--2019 — 41r—Ca1endar 2020 - —Calendar 2021 Month Count Year 2018 2019 Calendar 2020 Calendar 2021 January 16 3 2 2 February 4 3 2 1 March 8 4 2 5 April 6 5 May 9 3 3 June 7 5 4 July 5 3 1 August 3 4 2 September 3 9 4 October 1 4 November 6 2 3 December 7 4 5 Grand Total 75 49 28 8 *IBR Offense: Rape - Forcible 11A, Sodomy - Forcible 11B, Sexual Assault with Object - 11C Produced: 4/15/2021 For Law Enforcement Use Only This document is confidential and may not he further disseminated or released to any unauthorized persons pursuant to RCW L12.56.420 Spokane County Sheriffs Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Counterfeiting Forgery 30 25 20 15 10 0 —0-2018 ---f-J 2019 —rr—Calendar 2020 —R—Calendar 2021 Month Count Year 2018 2019 Calendar 2020 Calendar 2021 January 18 22 23 .L3 February 10 13 11 8 March 24 17 14 10 April 22 13 14 May 21 10 10 June 15 14 7 July 15 10 9 August 17 13 9 September 14 11 3 October 11 14 7 November 20 21 9 December 14 15 15 Grand Total 201 173 131 31 *IBR Offense: Counterfeiting/Forgery 250 Produced: 4/15/2021 For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42.56.420 Spokane County Sheriff's Office Regional Intelligence Group Spokane Valley Districts IBR Classification: Destruction Damage Vandalism 250 200 150 100 50 0 FEBRUARY z SEPTEMBER OCTOBER NOVEMBER DECEMBER — +— 2018 - i-•2019 Calendar 2020 Calendar 2021 Month Count Year 2018 2019 Calendar 2020 Calendar 2021 January 146 124 113 133 February 95 67 141 120 March 121 1.22 105 104 April 127 144 158 May 142 161. 118 June 140 133 154 July 141 156 147 August 132 144 172 September 155 141 191 October 165 165 174 November 155 140 151 December 125 174 143 Grand Total 1644 1671 1767 357 IBR Offense: Destruction/Damage/Vandalism 290 Produced: 4/15/202 ]. For Law Enforcement Use Only This document is confidential and may not be further disseminated or released to any unauthorized persons pursuant to RCW 42,56,420 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 27, 2021 Check all that apply: ❑ consent ❑ old business ❑ information ❑ admin. report Department Director Approval ❑ new business ❑ public hearing ❑ pending legislation ® executive session AGENDA ITEM TITLE: EXECUTIVE SESSION: Pending Litigation GOVERNING LEGISLATION: RCW 42.30.110(1)(i) PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: I move that Council adjourn into executive session for approximately 30 minutes to discuss pending litigation and that no action will be taken upon return to open session. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Cary Driskell ATTACHMENTS: