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2022, 01-18 Study Session AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION Tuesday,January 18,2022 6:00 p.m. Remotely via ZOOM Meeting and In Person at 10210 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: In response to Governor Inslee's announcement reopening Washington under the "Washington Ready" plan, members of the public may attend Spokane Valley Council meetings in-person at City Hall at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in-person or via Zoom as described below. Public comments will only be accepted for those items noted on the agenda as"public comment opportunity." If wishing to make a comment via Zoom, comments must be received by 4:00 pm the day of the meeting. Otherwise,comments will be taken in- person at the meeting in Council Chambers,as noted on the agenda below.Per Governor Inslee's expanded emergency order Proclamation 20-25 reinstituting a statewide mask mandate regardless of vaccination status, all those entering or remaining in City Hall must wear a mask or face covering. Masks are available for the public at City Hall. • 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 PROCLAMATION: Community Risk Reduction Week ACTION ITEMS: 1.Mayoral Appointments: Planning Commissioners—Mayor Haley [public comment opportunity] 2.Mayoral Appointments: Lodging Tax Advisory Committee Members -Mayor Haley [public comment opportunity] 3.Mayoral Appointments: Salary Commission—Mayor Haley [public comment opportunity] 4.Mayoral Appointment: Citizen to Housing and Community Development Advisory Committee (HCDAC)—Mayor Haley [public comment opportunity] 5.Mayoral Appointment: Spokane Hotel/Motel Association(TPA)Appointment—Mayor Haley [public comment opportunity] 6.Mayoral Appointment: Aging and Long Term Care Board—Mayor Haley [public comment opportunity] 7.Mayoral Appointments: Councilmembers to Committees and Boards—Mayor Haley [public comment opportunity] 8. Motion Consideration: Barker GSP Change Order Authorization—Bill Helbig,Gloria Mantz [public comment opportunity] Council Agenda January 18,2022 Page 1 of 2 NON ACTION ITEMS: 9. Shoreline Master Program Amendments for Dept. of Ecology's Final Approval- Chaz Bates 10. Advance Agenda-Mayor Haley 11. Council Comments-Mayor Haley 12. John Hohman City Manager Comments Discussion/Information 13. Executive Session: [RCW 42.30.110(1)(i)] Litigation Proposed Motion: I move that Council adjourn into executive session for approximately 45 minutes to discuss pending litigation and that no action will be taken upon return to open session. ADJOURN Council Agenda January 18,2022 Page 2 of 2 Siiôk I. rottamation City of *potiaue 'aIYep, Wa5bingtou Community Ri k Reburtion (OR ) Week WHEREAS, Fire service responds to a growing number of medical calls for service, surpassing 80% of total call volume in some jurisdictions; every 23 seconds a fire department in the United States responds to a fire somewhere in the nation; in 2020 fires nationally were responsible for 15,200 civilian injuries and 3,500 civilian deaths, with 74% of the fatalities and 75% of the injuries related to home fires; and WHEREAS, In 2020, an estimated $21.9 billion in property damage nationally occurred as a result of fires; and wildland/urban interface related fires remain a concern nationwide with multibillion dollar losses; and WHEREAS, Community Risk Reduction is a data-informed process to identify and prioritize local risks, followed by integrated and strategic investment of resources to reduce fire occurrence and impact; and WHEREAS, The value of community support from local, state, and national partners to address community risks is recognized to meet the demands on paid, combination, and volunteer members of the fire service; and WHEREAS, The goal of Community Risk Reduction is to reduce the occurrence and impact of emergency events for community members and emergency responders through deliberate action in the areas of the five E's of Education, Engineering, Enforcement, Emergency response, and Economic incentive; and WHEREAS, Most fire-related and many medical calls for service are preventable, with the five E's performed as part of an integrated Community Risk Reduction program; and WHEREAS, Monday, January 17, 2022, is Martin Luther King, Jr. Day and is nationally recognized as a National Day of Service and an opportunity for communities to reduce the risk in their community through a series of educational and other programs. NOW, THEREFORE BE IT RESOLVED that I, Pam Haley, Mayor of the City of Spokane Valley Washington, on behalf of the Spokane Valley City Councilmembers, do hereby recognize the week of January 17 through 23 as Community Risk Reduction (CRR) Week For the City of Spokane Valley, and I urge Spokane Valley citizens to learn about this grassroots initiative of fire service professionals across the nation to raise awareness of the importance of Community Risk Reduction in the fire service community and an opportunity to make communities safer. Dated this 18th day of January 2022. Pam Haley, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 18,2022 Department Director Approval: Check all that apply: ❑ consent ❑ old business ®new business ❑ public hearing ❑ information ❑ admin.report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Planning Commission Mayoral Appointments GOVERNING LEGISLATION: Spokane Valley Municipal Code 18.10. PREVIOUS COUNCIL ACTION TAKEN: On January 8,2019,Council approved Mayoral nominations to the Planning Commission, of JJ Johnson, Timothy Kelley, and Robert McKinley, each for a three-year term beginning January 1, 2019, and ending December 31, 2021. Mr. Kelley resigned his commission on September 15,2020. On October 20,2020, Council approved the Mayoral nomination of Karl Granrath to complete the unexpired term of Timothy Kelley ending December 31, 2021. Mr. JJ Johnson resigned his commission effective December 31, 2020. Mr. Paul Eric Rieckers was appointed January 5, 2021 to complete Mr.Johnson's unexpired term. BACKGROUND: According to SVMC 18.10,members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning Commissioners shall be selected without respect to political affiliations, and shall serve without compensation. Terms shall be for a three-year period and shall expire on the thirty-first day of December. A vacancy announcement was posted on the City's webpage,the City issued press releases, and the notice was published in the Valley News Herald and The Exchange. The deadline to submit an application was 4:00 p.m.December 20,2021. Six applications were submitted. Copies of all applications were distributed to each Councilmember via e-mail and hard copy. OPTIONS: Confirm or not confirm, the Mayor's nominations. If the Mayor's nominations are not confirmed by Council,the Mayor may either make another nomination or the matter can be postponed. RECOMMENDED ACTION OR MOTION: "I move to confirm the Mayor's nomination of Susan Delucchi, Karl Granrath, and Robert McKinley to the Planning Commission for terms beginning immediately and ending December 31,2024." BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: Mayor Haley ATTACHMENTS: Planning Commission Applications: (1) Susan Delucchi, (2) Renault Patrick Evans, (3) Raymond Friend, (4) Karl Granrath (incumbent), (5) Robert McKinley (incumbent), and (6) Mark Smith. Application Form for Committees/loards/Commissions em Dtw ne Return completed form to City Clerk: 400 Valle Spokane Valley City Hall .� 9 10210 East Sprague Avenue Spokane Valley,WA 9920E Phone: 509-720-5102 cbainbridge@,snokanevalley.org [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an original, signed application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] ['4'Planning Commission—Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(LTAC) -Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Councilmember appointed by the Mayor,confirmed by the Council. Riece Two who represent a business required to collect the tax(hotels,motels,etc.). �® Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent EC 1 . [ ] Spokane County Housing and Community Development Advisory Committee(HCDAC) 7 202/ HCDAC includes two Spokane Valley residents;terms not to exceed three years. ;N. Spokane Valley appointment pending final approval by Spokane County Board of Cambia& f.c. Spokane County Application and Supplemental Application also required. a7POk [ ] Spokane County Human Rights Task Force —Terms are for four years.Must be a resident of Spokane ey�,o°afie The Board currently meets 2"d Tuesday of each month,3:30 to 5:00 at Catholic Charities,12 E 5d'Spokane. [ ] Spokane Housing Authority(SHA)—regional committee,five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ] Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ ] Other: Name (please print): SU SC.' -t ,:.) Ci. Complete residence address: j` B 1 g. ; ` ue , Spo .4 eo. &i 1 e 7`'( Street City Z ip Code Complete mailing address (if different from,above address): Sur-Ti Length of time residing at current address: , U.S. Citizen? [ yes [ lno WA tate registered voter? Oyes [ ]no • What is your preferred way for us to contact you: [Note:Ifyou have an unlisted phone number, or do notivish your e- mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [YrHome Phone:6? —2 -'/ 0 ,1. [ ] Work phone: 0/]'Cell Phone:56? — —SS$o [ ] Other message phone: [v E-mail address: (please print clearly): aS t)8 an deJ *i 4 C 0(5 e_.,1 cy [ ] Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. [ ]present kr/pre 'ous , Name of employer: -e,, C "` -o .Ci Gtd Mt)r cp,.#2-1.° Address: I ( f. Ott c ( �_.. �,A..Phone: Position held: ,?r= ( ,r Dates of employment:04r10 i 2. [ ] present [vf previous _ A Name of employer j i r`��-� �trpare 'ek4e 3.d,cw `41 a r' = 44v-.f.. Address:N 16h r `41 LUs fi f Phone: Position held:f !o_te••f t �;,�� 6, Dates of employment: /92 n-rK 3. [ ] present [%]"previous Name of employe t `d/7e• Vi Sc` a('z AnC.e Yr" II c'2-7 &rr e e Address: Phone: Position held 1. -ar, r e_EA,0 c-086-;en / Dates of employment: / �'s `• `/ ' C S railerC 4. [ ] present ]'previous Name of employer: nr Dv-r7 Address: Phone: Position held:jocialf 6-�t5c�,�� ,i-7' ,� �, � Q Dates of employment: /9 9 / -- 19 9 EDUCATION: I �- Name of high school ft 1 C Address: ern C - Diploma or GED1c1 yes [ ] no Trade school/college/university: Name of Schooli (�l�k._.F`�c-�i.} B��'ori o��Address: Diploma: >4 yes [ ] no L Degree or certification earned: .fie l0.r cvo cc,5r4 Trade school/college/university:, Name of School ., 5 V-Acr,(14 Address: Diploma: [ ] yes J>Z] no Degree or certification earned: Other relevant certifications/licenses: c �,� 0f.\l)dl esv---EliFC�A i( b �7 �`� i.[ a� i-.� VOLUNTEER EXPERIENCE: Name of ocial,fraternal,organizations,etc. 1. current [ ] previous k?riey�.Co-� A.5-f cat +1 ri rZ 16 .; c L(�t ry)e fl 2. current [ ]previous C`c$ e � (-- 3. [ ] current M.previous lea[i rJ r ; L -�'o,r C ti CA L Oc,`` i.fs�,Cz.ry-_-f, 4. [ ] current ]..previous , ` - a..1(4eQ he v-p x 0-e PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards,committees,or commissions on which you serve or have served. LL �, ^ � y I. [ ] current ] previous i r� 7 ' `! ryi Mt ctl'3 2. [ ] current j ] previous 3. [ ] current [ previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous REASONS for applying for thi committee commission,board: r10-o- cL " c f`� '[�!� o_re t,n-k 16: , () P�committee? ' -11\?��I. t ad/it) - (t Ct�U Bysigningthis application, I certify underpenalty of e •u of he laws of the State of Washington that all pp � �' p rJ rY gt information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subject to disclosure pursuant to chapter 42.56 RCW. • Z21,,L.W Signature Date igne Chris Bainbridge From: Susan Delucchi <susandelucchi@yahoo.com> Sent: Friday, December 17, 2021 4:19 PM To: Chris Bainbridge Subject: City Planning Committee [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. Thank you, Chris for your assistance today. I wanted to include a few other planning specific positions I have held. In 1991 I was hired by the Spokane County Commissioners to facilitate and author a report on the possibility of consolidating the City and County Planning Departments. I worked closely with both governments and learned more than I ever wanted to know. The conclusion was that it could be done but the decision was against the proposal for various political reasons. As the Rivershore Enhancement Coordinator, I was paid by the Visitor and Convention Bureau through a federal grant to work with 9 governmental agencies to develop a plan for the Columbia River frontage in Benton and Franklin Counties. During this process I was invited to speak to a national waterfront conference in Boston, Mass. I also worked with the Army Corp of Engineers who controlled the property. Many of the ideas I presented to the committee have been adopted including a loop trail through both counties. I am very committed to creating a sense of place that includes everyone in the process. I wanted to add that I served on the Governor's Blue Ribbon Task Force on the Arts in 1998; I was Chairman of the Spokane County Community Services Board (1986-1991); I am the Founder of the Valleyfest event and the Valleyfest Foundation; and I am a graduate of Leadership Spokane Class of 1987 and Leadership Tri-Cities Class of 1997. Thank you again for letting me add an explanation to my application. Sue Delucchi Sent from my iPad 1 CR. App➢kathiiit ]Form fain• ;stl ialidlee:/ ottkrds/Corm i W P Return completed form to City C1gkt. . \ i)I'ley Spokane Valley City Hall lC'' 1 6 2021 10210 East Sprague A e Spokane Valley,WA 206 Phone:509-720-5102 okanevalley.org [Note: To meet an application deadline, applications may be faxed or e-mailed. However,the Clerk s o a-j of 'na signed PFt .l �jj application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UN I `3'rl� er OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED 1N THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] 1_AM INTERES 1 Fl)IN SERVING ON 'LHE FOLLOWING COMMITTEE: [Check one box;note requirements] Planning Commission—Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(I.rAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Coimcilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in fimded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent [ 1 Spokane County Housing and Community Development Advisory Committee(IICDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force —Terms are for four years. Must be a resident of Spokane Valley. The Board currently meets 2' Tuesday of each month,3:30 to 5:00 at Catholic Charities,12 E 5th Spokane. [ ] Spokane Housing Authority(SHA)—regional committee,five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area, Hotel Advisory Committee(aka Hotel/Motel Association)--Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ ]Other: Name(please print): Renault Patrick Evans Complete residence address: 1210 N. Arc Street Spokane Valley 99016 Street City Zip Code Complete mailing address(if different from above address): Length of time residing at current address: 6yrs 10 mos U.S.Citizen? [x]yes [ ]no WA State registered voter? [x]yes [ ]no What is your preferred way for us to contact you: [Note:If you have an unlisted phone number, or do not wish your e- mail address made public, do not include that information.Once this document is submitted to the City, it becomes subject to public disclosure] [ ] Home Phone: [ ] Work phone: [ ] Cell Phone: 509-904-9416 [ ] Other message phone: [ ]E-mail address: (please print clearly): Rennufif'.iirirlcFvrins@gmaif.com [ ]Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) I. [x] present [ ]previous Name of employer: U.S Bank Address: 3700 VV. :_;eliiw ,lvr: Coo lit :.i' lllei no, IL) 03014 Phone: 208-666-7500 Position held: service Acivi;,or Dates of employment: 09/24/201 8 to Present 2. [ ]present [x]previous Name of employer: Qualfon Address: 1201 West Ironwood, Couer d'Alone, ID 83814 Phone: 208-664-3266 Position held: Chat Sales Dates of employment: 12/2016 to 09/21/2018 3. [ ]present [ ]previous Name of employer: Address: Phone: Position held: Dates of employment: 4. [ ]present [ ]previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATRON: Name of high school Oak Forest Hight School Address: 15201 S. Central Ave, Oak Forest, IL 60452 Diploma or GED: [x]yes [ ]no Trade school/college/university: Name of School Eastern Washington University Address: 526 5th Street, Cheney, WA 99004 Diploma: [x] yes [ ]no Degree or certification earned: BA in Education Trade school/college/university: Name of School Address: Diploma: [ ]yes [ j no Degree or certification earned: Other relevant certifications/licenses: I have a 5laokanc V rllc y l3r i;inc nn License VOLUNTEER EXPERIENCE: Name of social,fraternal,organizations,etc. 1. [ ] current [ ]previous 2. [ ] current [ ]previous 3. [ ] current [ ]previous 4. [ ] current [ ] previous P]ROFESSlONA1,of ;ANllzA'lt'IIoN S. Local,state,or national government boards,committees,or commissions on which you serve or have served. _. __. 1. [ ] current [ ]previous 2. [ ] current [ ]previous 3. [ ]current [ ]previous 4. [ ] current [ 'previous 5. [ ] current [ ]previous REASONS for applying for this committee, commission, board: I lava :;i Lek t e Valley. Or ,ill i kr: r l u"c t. l`ue lived in my life, 3V is my fuvnrite. I alE;o wnnt to learn mom .bout loenl gnvroriiniice, serve rrmy .end do whatever I cnn to help people and keep SV an excellc,it place for people to live. By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this positio . I understand th iplication is s I ct to diselosurr uant to chapter 42.56 RCW_ r a/eTVC/k/ 7/A1A4A--, /AA/a6 452 Signature Date igned Renault Patrick Evans 50o.ot 'I od I r, Application Form i4)r Committees/Boards/Commissions Id➢�➢� �11�I1 Return completed form to City Clerk: Rey. Spokane Valley City Hall . 10210 East Sprague Avenue Spokane Valley,WA 99206 Phone:509-720-5102 ehninbridge rr,spokanevulley.org [Note: To meet an application deadline, applications may be faxed or e-mailed. However,the Clerk's office will need an original, signed application prior to appointment.One application per position please, DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM IN'fERESTER IN SERVING ON THE FOJC,1LO ,%IINCCOMMIT'f'EL: [Check one box;note requirements] Planing Commission—lutist be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Couucilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). 4Z©zez, Two involved in funded activities(such as a non-profit organization to increase tourism). � Identify the business or organization you represent � [ ]Spokane County Housing and Community Development Advisory Committee(HCDAC) ��.0 l.� HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Co t ioners. ,�, Spokane County Applicatiou and Supplemental Application also required. ,�c°° [ ]Spokane County Human Rights Task Force —Terms are for four years.Must be a residennof ti . ° s.- Valley. The Board currently meets 20 Tuesday of each month,3:30 to 5:00 at Catholic Charities, 12 B 5'h Si• r ( ]Spokane Housing Authority(SHA)—regional committee, five members.Terms are five years. .e b' One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and �'fey Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ ]Other: Name(please print): u`(QP( J Complete residence address: /2 1 S/ . /s ` f1J vl Street City Zip Code Complete mailing address(if different from above address): Length of time residing at current address: "3/ l /lam' U.S. Citizen? [lyes [ ]no WA State registered voter?Hyes [ ]no What is your preferred way for us to contact you: [Note:If you have an unlisted phone number,or do not wish your e- mail address made public,do not include that information. Once this document is submitted to the City, it becomes sub/eel to public disclosure] [ ]Home Phone: e �� [ ] Work phone: [ ] Cell Phone: '3/ 2343 36 f 1 U Other message phone: Ni E-mail address: (please print clearly): k_AA/- /t(MI. 3.(et:' QI4'L).1 [>t]'Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. [ ] present • 'previous _ l Name of employer: 134[:f/—/e. &I Address: 77 6 47— _Silt/ 1=%'�/Ji� 1:5e:Zia C i. Phone: Position held: /tlf.Ji,t/�.' C/.3/0 . A 4i, ,oz twiempatesofemployment: 409. P 71 407 `,6 ��/1 2. [ 1 present [ ]previous Name of employer: Address: Phone: Position held: Dates of employment: _ 3. [ ]present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: 4. [ ]present [ ] previous Name of employer. Address: Phone: Position held: Dates of employment: EDUCATION: Name of high school LA S '/fr /f 9/1, Address: 0794 /G/4i -✓ Diploma or GED:ix] yes [ ] no Trade school/college/university: Name of School C'.492_/J a?4 ( 45) ciA- Address: S-M//i! ,9-/dA. �✓� /99 7 Diploma: f>d yes [ ] no Degree or certification earned: g.. . „M 7-6,(!l'Air— Trade school/college/university: Name of School Address: Diploma: [ ] yes [ ] no Degree or certification earned: Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of'social,fraternal, organizations,etc. 1. [ ] current JA.previous j1.4),</J -J. chi L,L,i fid,v 0/;1,9/ %1. ( /'i r�2vI11) 2, [ ] current [ ] previous /-/,n 4/Si,6.4, cA . G'�T /�l��Uci� :2 D J N 3. [ ] current [ ]previous l-ki - 5iT;iLi. 4 4, [ ] current [ ]previous _ d PROFESSIONAL ORGANIZATIONS; Local,state,or national government boards,committees,or commissions on which you serve or have served. 1. [ ] current [ ]previous 2. [ ] current [ ] previous 3. [ ] current [ ]previous 4. [ ] current [ ] previous 5. [ ]current [ ] previous REASO,NS for applying for this committee,commission, board: 7� `.ayS /6/9 JI G i/y c� r�E, , . ,4 Gi`? By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand thiapplication is subject to dis sure pursuant to chapter 42.56 RCW. Signati e Date Signed 1 Application Form for Committees/Boards/Commissions SPOkalie Return completed form to City Clerk: ,. Spokane Valley City Hall 10210 East Sprague Avenue Spokane Valley,WA 99206 Phone: 509-720-5102 chain bridce.rtspokanevalley.ora [Note:To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an original,signed application prior to appointment.One application per position please.DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements) Planning Commission-Must be a Spokane Valley resident.(See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodtting Tax Advisory Committee(I.TAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms arc for one or two years.Committee consists of five members: One Couneilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent [ ]Spokane County Housing and Community Development Advisory Committee(HCDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force —Terms are for four years.Must he a resident of Spokane Valley. The Board currently meets 2"d Tuesday of each month,3:30 to 5:00 at Catholic Charities,12 E 5'1'Spokane. [ ]Spokane Housing Authority(SHA)—regional committee,five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ ] Other: Name(please print): Kola `einr'\ I L Complete residence address: (811 6- 5704 Ity LA. „ veame Vd/ev !9°z Street City Zip Code Complete mailing address(if different from above address): Length of time residing at current address: U.S.Citizen?Oyes [ ]no WA State registered voter? ]yes [ ]no What is your preferred way for us to contact you: [Note:If you have an unlisted phone number, or do not wish your e- mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] j ]Home Phone: [ ]Work phone: b4Cell Phone: 6 0 - ?.?5 ` t/?21 [ ] Other message phone: [ ]E-mail address:(please print clearly): [ ]Regular mail to residence or mailing address shown above EMPLOYMENT:(Please start with most recent) 1. bel present [ ]previous r� Name of employer: F i ske( 74 hi I 040,t,le Address: 5n, 1nl Fiersitie Ave Site ?'a 5/1i/c«., w"4 Iff2ot Phone: (in)3izi- 5130 Position held: 4scecr+Fc 44-idrre y Dates of employment: glare 2421 - fresae 2. ]present [ ]previous f Name of employer: KccteIn,r, Grin / Address: 1151 (?ove/n,w,r.l (VA x lo��% d'/ltyne ,c14 '38(rf Phone: Position held: [lewr1n1 ExaM,n rr" Dates of employment: 5e f,I 2 2n — OOrrea't' 3. [ ] present [ ]previous Name of employer: Address: Phone: Position held: _.._ Dates of employment: 4. [ ]present [ ]previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION: , 1 �/ ff Yl7 E y'" p j w c$ 1 A Name of high school (./4�4/i nti �'° ri(!S ✓�7 Address: OU h Af, sP r 957l8 Diploma or GED: b J yes [ ] no Trade school/college/university: Name of School e;der.i,ly o /41.�PA Address: e luc��^ , A F Diploma: [j yes [ ] no Degree or certification earned: C35 -- Csu surfs �re4 c s Trade school/college/university: l �r f Name of School school/college/university: 45_,„ ( o? �.s w Address: 72 N ��nn,, r /I .44 e t i4t `%"f2a2. Diploma: 14 yes [ ]no Degree or certification earned: ,).r). Other relevant certifications/licenses: L rr ill Set'` 1 r e,c t c e I/< ,, W 152GC3 VOLUNTEER EXPERIENCE: Name of social,fraternal, organizations,etc. 1. N current [ ] previous 5(04..,e 1f<v 1)(01441 (d.. ;ssru.. 2. N current [ ] previous '1`rgy,F Le.1 3. [ ]current [ ] previous 4. [ ]current [ ] previous PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards,committees,or commissions on which you serve or have served. I. [/J current [ ] previous 2. [ ]current [ ]previous 3. [ ]current [ ] previous 4. [ ]current [ ] previous 5. [ ]current [ ] previous 11 ( f f REASONS for applying for this committee,commission,. board:i Wou I d/ I(+ td be re -�'� r� ecl �d Sfje & C. jr: enjoy ` sero;A) ,c ! e-,IN c/iy. [ rsil I. 41.oe ✓ t•c4 7'�0" T r2r 'tj 14a L �6 r c• d 21(6..lse fT or/ Nam" 5V by ,,vd,,e�7 Ilrnwnrr�.1 By signing this application, I certify under penalty of perjury of the lawsr of the !State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subject to disclosure pursuant to chapter 42.56 RCW. Signature Date Signed ©Zui s Application Form for Committees/Boards/Commissi s v,io � Return completed form to v (C Clerk: �o?1 Valley. Spokane Valley City Hall t `'J 10210 East Sprague Avenue Spoka1WV �y� A 99206 Phone:509-720-5102 cbainbridg_e rCr7, spolavbAr 14 [Note: To meet an application deadline, applications may be faxed or e-mailed. However;the Clerk's office will need an oti unaki; application prior to appointment.One application per position please.DO NOT SUBMIT AN APPLICATION UNLESS THERE �' r`k OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAOE AND ADVERTISED IN THE LOCAL NEWSPAPERS. gall the City COrk if.youhnve_questtons.] I.�.M INTERESTED IN ERYING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] [x]Planning Cotmnission--Must be a Spokane Valley resident.(See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] J odging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of live members: One Councitmeniber:appointed by the Mayor,confumed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent [ ] Spokane County Housing and Community Development Advisory Committee(I-ICDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force —Terms are for four years.Must be a resident of Spokane Valley. The Board currently meets 2'"l Tuesday of each month,3:30 to 5:00 at Catholic Charities, 12 E 51'Spokane. [ ]Spokane Housing Authority(SI•IA)--regional committee,five members.Terms are live years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Boani of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. • One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. _ [ I Tourism Promotion Area.Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley alipoints two members,and one ex-officio(a member of Council), All nominees must be operators or employees of lodging business within Spokane County. [ I Other: Name(please print): Robert (Bob) McKinley Complete residence address: 1805 S Felts Rd, Spokane Valley, 99206 Street Zip Cod Complete mailing address(if different from above address): 505 N Argonne Kd Ste A103, SV 99212 Length of time residing at current address: 13 yeArs U.S.Citizen? [x]yes [ ]no WA State registered voter? ()]yes [ ]no What is your preferred way for us to contact you: [Note:Ifyou have an unlisted phone number, or do not ravish your e- mail address made public, do not include that information. Once this document is submitted to the City, if becomes subject to public disclosure.] [ ] Home Phone: [x] Work phone: (509)892-5905 [ 1 Cell Phone: [ ] Other message phone: [ ] E-mail address: (please print clearly): [ ] Regular mail to residence or mailing address shown above • EMPLOYMENT; (Please start with most recent) 1. [Xl present [ I previous Name of employer: Robert P McKinley CPA PC Address: 505 N Argonne Rd Ste A103, Spokane Valley 99212 Phone: (509)892- 9U5 Position held: President Dates of employment: August 1999 to present 2, [ ]present [ ]previous Name of employer: Address: Phone Dates of Position held: employment; 3, [ ]present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: 4. [ ] present [ ]previous Name of employer: Address: Phone; Position held: Dates of employment: EDUCATION: Name of high school Valley Christian School Address: Spokane Valley, WA Diploma or GED: Ix] yes [ ] no Trade school/college/university: Name of School Biola University Address: LaMirada CA Diploma: Pti yes [ ] no Degree or certification earned: Bachelor of Science Trade school/college/university: Name of School Spokane Falls Co3nmuity CollegeAddress: Spokane, WA Diploma: [X]yes [ ]no Degree or certification earned:_ AA Photographry Other relevant certifications/licenses: Certified Public Accountant - Washington VOLUNTEER EXPERIENCE: Name of social,fraternal,organizations,etc. 1. [x]current [ ]previous Spokane Gtir7 Clrrh, Treasurer 2. [ ] current [x] previous Rotary of Greater Spokane Valley. Treasurer 3. [x]current [ ] previous okane Valley, Past Tr ,a_surer, current member 4. [ ] current [ ] previous PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards,committees,or commissions on which you serve or have served, 1. [x]current [ ]previous Washington Association of Accountants & Tax, Board Member, Past Pres 2. [ ]current [ ] previous 3. [ ] current [ ]previous 4. [ ]current [ ] previous 5. [ ]current [ ] previous REASONS for applying for this committee,commission, board: Returning member,, Concerned about the development around Spokane Valley. By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subject to disclosure pursuant to chapter 42.56 RCW. ,..... • j17; /�/�5/ 7 Signature Date Signed 12/19i21, 10:51 AM PXL_20211219_184013487.MP.Jpg Application Form for Committees/Boards/Commissions Dee 11`r Return completed form to City ClerICity c Cqi Spokane Valley City I lull Of �cla 10210 East Sprague Avenue Spokane Valley,WA 9( a Phone:509-720-5102 cbainhridgc@spok nicvalley ure �t [Not::To meet an application deadline,applications may be faxed or c-mailed. However,the Clerk's office will need an original, signed application prior to appointment.One application per position please.DO NOT SUMMIT AN APPLICATION UNLESS THERE IS AN wtif OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAC,E AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions] I Aim INTERESTED IN SERVING ON THE FOLLOWING COMMI'rfEE: [Check one box;note requirements] [`,ol Planning Commission—Must he a Spokane Valley resident.(Sep:chapter 18.10 SVMC) Terms are for three years.Applicants are select d without respect to political affiliations,and serve without compensation. [ J Lodging Tax Advisory Committee{LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Councilmember.appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.), Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent • [ ]Spokane County Housing and Community Development Advisory Committee(EICDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ]Spokane County Human Rights Task Force —Terms are for four years.Must be a resident of Spokane Valley. The Board currently meets 2'1 Tuesday of each month,3:30 to 5:00 at Catholic Charities,12 E 5'h Spokane. [ ]Spokane Housing Authority(SHA)—regional committee,five members.Terms are Eve years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City Timm, One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Cheek with the City Clerk concerning a vacancy on this connnittee. [ ]Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ 1 Other. Name(please print): l"k OLY SW1,1kAn. Complete residence address: \ut`l' C. U\ru .NJt=, VCA 11 o g Z(b Street City Zip Code Complete mailing address(if different from above address): Length of time residing at current address: (0 nAtort'' iS U.S,Citizen?Wes,res [ ]no WA State registered voter?[�es [ ]no What is your preferred way for us to contact you: [Note;If you have an unlisted phone'mother,or do not wish your e- mail address trade public,do no!include that information.Once this document is submitted to the City,it becomes subject to public disclosure./ [ ]Home Phone: [ ]Work phone: [ Cell Phone: UG1- g 'l'kP [6 [ ]Other message phone: [' 1-mail address:(please print clearly): SW\"tt 1^ *1 "1r♦-tP t 1 l)D. cow [`]Regular mail to residence or mailing address shown above LAMP YMENT:(Please start with most recent) 1.[vrpresent [ 1 previous 1 t, �r Name of employer:�l * U 6,1�-e, V O�A ' C' 0[,11 1' `�c�'� 1 OVA, Address: 1I a Vw,CO r V Phone: `�U9`_.�(t, )- �`30 ) Position held: 1t ,e(Y 'c h1)n �c frl "" Oates of employment: el 12-1 ( UY Yt", 5 htlps:/imall.goggle,comimailiul0l#inbox1QgrcJHsNnjKrBgwvJdkcZPWcBrjINKLPt3XB?projector=1&messagePartld=0.2 1/1 peeNt.191 fvflprevions IN'Am.•,I,,inntoy‘:•i212.0 e„ /I 1,(.1,19,4(.1 eut-i_____ Add„-,.... 1 N - ---k of employment.21k ..124,/..fi_ it 3.I ]presera I 1,11,revioits Maim uf r n YVojoyinr:__IKALtik 0,,, . VO Addirie,s, • . . -..::. . . _ _ t. kg,l_l l'i fl I],Ji x la lay ntoll..• I•'11 J "tZ27.)- "1.'-;21 Position field: 7 A -It Imcouk,\ i lic:1• .(2-121A- [ 1 present I I prolous Name of employer: , Address: _ — Phone: . Position held:. Dates of employments ( .1:3/LICATIIIN: 1 Name of high school IS4../ekhridA li in tilli\.1411 od Address:qt)l Cs Av W ttiq c to Miqzoka, A lDiploma or GED:(./ryc,.. I I tin II Trade Selle011e011eOeilladVelaity: VILIC"tirn '> , , A u N11111"1.5.'211°0 lOill V it-All i .1)1 tAttirklalilik. Adtlre.sS: /I la '"1 141113b SA- Ott ion k Na- Diplonta.: helyeL, 1 I To Degree or pprtlitcation.canted: i'L.IC1/140.1(ri_ cC.A Mg_ — IrlIcM.Ilet 1' IttOrykAin PO'El.AUNN'etIL Y.--'0- nude schoolicolle eta niversity: , Name of School ' t , kA.r1\)i Address:5313_6 litaaAlked Sil(ft'l Vic 1W11-- Diploma: rt,rces 1 1 no ' Degree.° 4..g1tifieudon earned: Mci,c--ty 0(.sprit s. ni kr-Iv.- 1,16)(4 lti Other=lama 1:4:rtiricationsflicenses: LX Te ailAlyiej CO.)111 FileliV VOLUNTEFR EXPERIENCE.: Mune uf soc:ial.fralernal,organizations.etc_ I.[ I current 1„rpreviints_..1\AVD, ,,t,,..f k v -\ -;- ; 0.1t,' st _ 2_[ ]current [sprevious''.-,ix..VV\k_bi4-,t.___V_,Ltili i icIV t 34, 1, (".1,./ Wchlil t6121,-SU,-6_,Cq CAtaAy 3.I .1 cuireill [aprevious k ,,...v,.; Vyt•r„.00,%).!)c if- - Upkyil,.11,(yv1PIN't..1-t1vi . WeN10/14,13 pv.- karv) 4.1 1 current rut previous v..)‘Cr,k,.VCI1- lIA .V1\At VOIAY'11.3"A klilin PROFESSIONAL ORGANIZATIONS. Losati,slaw,or rat Inver!government hoarrLs.committees,or.commissions on which you serve or have served......,‘ I.I ]current (-I previous _ •) . ...0"4:5' ' jc,- , ..- 2.1 ]current I 4-previous .,WI ....,4;:. .41.e...!-- trCU4,-, ' ;;,___,. , 3.[ ]current I ilfrevious ',Lt. 'lik,..9.1.4-4"-i. 4.I ]current [ ]previous 5.[ I current [ ]previous , - REASONS for applying for this committee,commission.lautitt_2 1,1, ',i'll,%I,,'.I,(A Vi.... '...,•,,\\.., ',I.,..',I I, _ 4,:\ANLLYilkk___,US_VAA 1 V it isi-k 0•414_L_CLII0 -3_ ;\ .A'I;; (-1.1ikA :+.\.\‘t 1.-,.•'-•',t_11. .k \,(1•41Ltv.ii.v.f. [.‘4,.',1i?Ili, I. r -.:AIL Ilt 1.td I I iii 1• 1.I'V.A.111.k LI .o.., By signing this application, I certify under penally of perjury of the laws of the State of Washington that all in fomtation is true and correct to the hest Of my knowledge and belief. I further state that my appointment would not represeill a conflict of interest or an appearance of a conflict akin:Test with the duties of ihis position. I understand this a)ention I West to *„..1.olirr7 pursuant to chapter 4236 RCW. I)ate Signet! Signature CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 18, 2022 Department Director Approval: Check all that apply: ❑ consent ❑ old business Z new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Mayoral Appointment: Lodging Tax Advisory Committee GOVERNING LEGISLATION: RCW 67.28.1816; Spokane Valley Municipal Code 3.20.040 PREVIOUS COUNCIL ACTION TAKEN: Annual appointments and at other times when needed; Colleen Heinselman of Hampton Suites resigned her position August 2021, and Amanda Alcamo of Oxford suites was appointed October 5, 2021, to complete Heinselman's unexpired term, which ended December 31, 2021. BACKGROUND: Per state statute, the Lodging Tax Advisory Committee shall consist of five members: two representatives of businesses required to collect the tax, two members involved in activities authorized to be funded by the tax, and one City Councilmember. Two vacancies exist, one for a member involved in activities authorized to be funded by the tax, and the other for a member who represents a business required to collect the tax. Ads announcing the vacancies ran in the Valley News Herald and the Exchange, and notice of the openings was also placed on the City's website. The deadline to receive applications was 4:00 p.m. December 20, 2021. Two LTAC member's terms expired December 31, 2021: (1) Greg Repetti, representing the HUB, an activity authorized to be funded by the tax (2) Amanda Alcamo, Oxford Suites, a business required to collect the tax We received applications from the following people for consideration for the LTAC appointments: Entities which Collect the Tax Entities Involved in Activities Funded by the Tax Amanda Alcamo, Oxford Suites (incumbent) Greg Repetti, the HUB (incumbent) Peggy Doering, Valleyfest Nominations shall be for either a one or a two-year term. OPTIONS: Confirm or not, the Mayor's recommendations for appointments. If the Mayor's recommendations are not confirmed by Council, the Mayor may either make another recommendation or the matter can be postponed. RECOMMENDED ACTION OR MOTION: "I move to confirm the Mayoral appointments to the Lodging Tax Advisory Committee, of Amanda Alcamo, representing a member authorized to collect the tax; and of Greg Repetti, representing a member involved in activities authorized to be funded by the tax, with each appointment's term beginning immediately upon appointment and expiring December 31, 2023." BUDGET/FINANCIAL IMPACTS: n/a STAFF/COUNCIL CONTACT: Mayor Haley ATTACHMENTS: Applications from (1) Amanda Alcamo (incumbent). (2) Peggy Doering, and (3) Greg Repetti (incumbent). .‘:"??Z©Z i Application Form for Committees/Boards/Commission U Spokane Return completed form to C�tieClerk: 1 202, � a Spokane Valley City Hall l.. J'' �� ey. 10210 East Sprague Avenue Spokane' al -,., 0 99206 Phone: 509-720-5102 cbainbridge(iitspokane _ •u Are [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an originl, id, application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS THERE IS A !r OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] [ ] Planning Commission—Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [j Lodging Tax Advisory Committee ILIAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Councilmember: appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent 0 x ra ra S��'te%- 5 [ ] Spokane County Housing and Community Development Advisory Committee(HCDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force —Terms are for four years. Must be a resident of Spokane Valley. The Board currently meets 2u d Tuesday of each month,3:30 to 5:00 at Catholic Charities, 12 E 5il`Spokane. [ ] Spokane Housing Authority(SHA)—regional committee, five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within.Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ ] Other: Name(please print): (' e NC U-N \\.C.O. Jrm d Complete residence address: 1-1V2'1 it 1 de10 c2.6 R 9` IO2s Street City Zip Code Complete mailing address (if different from above address): Length of time residing at current address: S ka2 S U.S. Citizen? Oyes [ ]no WA State registered voter? Ayes [ ]no What is your preferred way for us to contact you: [Note:If yott have an unlisted phone number, or do n©t wish your e- mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure] . . [ ] Home Phone: [ ] Work phone: . [JOJ Cell Phone:$ePt'gag-bLt 4.14 [ ] Other message phone: [ ] E-mail address: (please print clearly): [ ]Regular mail to residence or mailing address shown above f�fy �"S ) �, r/ f.1 t ,f, r•I "�,r - . ,) EMPLOYMENT: (Please start with most recent) q 's„ t '' 1. NI present [ ] previousr+ Name of employer: oxkor'a L3,i'es Address: LSO O i S E..=r-tat.?Q.,inV _ t\ve_ ScA..kkalem goat L.,Phone: War. act— I 000 Position held: ()erV1 rt L0 mo „- Dates of employment: cg 2. [ ]present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: 3. [ ]present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: 4. [ ] present [ ] previous Name of employer: Address: Phone: Position held: Dates o I'employment: EDUCATION: � Name of high school £a ttj . t4ut , Address: Diploma or GED: [k,yes [ ] no • Trade school/college/university: Name of School Address: Diploma: [ ] yes [ ] no Degree or certification earned: Trade school/college/university: Name of School Address: Diploma: [ ] yes [ ] no Degree or certification earned: Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social fraternal, organizations,etc. I. [N current [ ] previous VextlixAl Rea.9 I,:? - maUc.E.; e 2. [ ] current [X] previous, ol' ct- rve-i 3. [ ]current [ ] previous 4. [ ]current [ ] previous PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards,committees, oi'commissions on which you serve or have served. . [ ]current [ ] previous 2. [ ]current [ ] previous 3. [ ]current [ ] previous 4. [ ] current [ ] previous 5. [ ]current [ ] previous REASONS for applyin For t tis committee,commis:' n,board: T �',e.�. �� $ 1M -31. C Ajc.. 'L-o By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all infix. ion' true and correct to the best of my knowledge and belief. I further state that my appointment would not r resent a c nflict i terest or an appearance of a conflict of interest with the duties of this position. I understand this applica 'on i sti ect to disclosure pursuant to chapter 42.56 RCW. 1 • a r e Da Signed I„4 Application ll oil di for Committees/Boards/Commissions 401"Spokane Return completed form to City Clerk: Valle , Spokane Valley City Hall y 10210 East Sprague Avenue Spokane Valley,WA 99206 Phone:509-720-5102 cbainbridgc@spokancvallcv.org [Note: To meet an application deadline,applications may be faxed or c-mailed. However, the Clerk's office will need an original, signed application prior to appointment. One application per position please.DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING.OPENINGS ARE POSTED ON THE CITY'S WEF3PAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] [ ]Planning Commission—Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms arc for three years.Applicants are selected without respect to political affiliations,and serve withou compensation. [X Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See cha SVMC) Terms are for one or two years.Committee consists of five members: { r� One Councilmember:appointed by the Mayor,confirmed by the Council. �`�`/��'"JJ Two who represent a business required to collect the tax(hotels,motels,etc.). (! Two involved in funded activities(such as a non-profit organization to increase tourism). 06-r ZLD Identify the business or organization you represent [ ] Spokane County Housing and Community Development Advisory Committee(Ht > ) Q , HCDAC includes two Spokane Valley residents;terms not to exceed three years. J Of Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. C7�/ Spokane County Application and Supplemental Application also required. d [ ] Spokane County Human Rights Task Force —Terms are for four years.Must be a resident of Spokane Val y.fd j/ The Board currently meets 2'"1 Tuesday of each month,3:30 to 5:00 at Catholic Charities,12 E 5th Spokane. e j [ ] Spokane Housing Authority(SHA)—regional committee,five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair oIBoard of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ ] Other: Name(please print): ' t a e Complete residence address: 1 16 a.2 E. ��j`}c�►'lh.�l L)(,eft pck rnnei..2zl 2,416 Street City Zip C Complete mailing address (if different from above address): Length of time residing at current address: 3 U.S. Citizen? [Ayes [ ]no WA State l egistered voter? [t ?es [ ]no What is your preferred way for us to contact you: [Note:If you have an unlisted phone number, or do not wish your e- mail address made public, do not include that it for mation. Once tltis document is submitted to the City, it becomes subject to public disclosure.] [ ] Home Phone: [ ] Work phone: [1.-rCell Phone:07)q a 30- ;C [ ] Other message phone: [ ] E-mail address:{please print clearly): [ ] Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. [g]present [ ]previous �� '�.�� Name of employer: v Address: 0 fs k Phone:( 5Z Position held: Dates of e nployment: 0,r P. d. Qic),( 367�' Sp`' eUce , ., Lei ' �9� '7 2. [ ] present [4revious Name of employer: riled, t1.o Yl Ge s r'-P; Address: 2 ZZ. L.O. S 4z 1 Phone:_�! 6, • Position held:l Je r e yr � - (°rx)r^ act y- Dates of employment: J'29 R . , ran 3. [ ] present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: 4. [ ]present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION: Name of high school2islioo I6 (1 t4- S. Address:1oiS�} TL,e. (->)_—__ Dipymna or GED: [i-yes [ ] no Trade school/colle a/university: Name of School (-cretin>_ , Address: r� �t i� ' Diploma: [4 yes [ ] no orDegree o rtifcation earne C Trade school/college/university: . Name of Schoolf��/.r_Q_ � c,�Address: Diploma: [ ] yes [ ]no Degree or c fication earned: 00 d.r� a. [_tre.re o'er Other relevant certifications/licenses: VOLUNTEER EXPERIENCtE: Name of social, fraternal, organizations,etc. 1. [.1urrent [ ] previous ( . 2. ['current [ ] previous YYIF.a Ac 0<r Nn -tc s 3. [ i urrent [ ]previous ' i I a 4. [ ] current [ ] previous PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards, committees,or commissions on which you serve or have served. 1. [t,]"current [ ] previous /}i i) 14c v bo 2. [ current [ ] previous (rnv1 L cc, 1 A hi6Ygdetek S_ roc'[ n ;n 3. [:] current [ ] previous \N 1= g A s z Yi r[10 4. [ ] current [ ] previous 5. [ ] current [ ] previous O S f/or applying for this committee.commission,board: ayA& (..e 4_56 ,t_�+. ��,, CA, _71S A Leta Cifil,Li/a/Le4CLA1- By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. 1 further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this ap lication is subject to disclosure pursuant to chapter 42.56 ROW. `12/20/2621 Signatur Date Signed 'Qt" 40 Application Form for Committees/Boards/Commissioft5,0, S ,, pok.. a`nTe Return completed form to ,Clerk: 2 2a Yal ley. Spokane Valley City Hall t 2, 10210 East Sprague Avenue Spo•an aljg 1�r 9920E Phone:509-720-5102 cbainbridgc rt,spoka [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an or bn 1, ;',;a application prior to appointment.One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS TIiERE 'I" . ++,. OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. 1 Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] [ ] Planning Commission-Must be a Spokane Valley resident.(Sec chapter 18.10 SVMC) tams arc liar three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Councilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to'ncrease tours m) Identify the business or organization you represent -e t// . [ ] Spokane County Housing and Community Development AdvisZ ommitte f-ICDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board ofCommissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force -Terms are for four years. Must be a resident of Spokane Valley. The Board currently meets 2nd Tuesday of each month,3:30 to 5:00 at Catholic Charities, 12 E 5'1'Spokane. [ ] Spokane Housing Authority(SHA)-regional committee, five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair orBonrd ofCounty Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area, Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council), All nominees must be operators or employees of lodging business within Spokane County. [ ]Other: Name(please print): G rer/' f-RR.1,..,.....r,„ Complete residence address: a -v 1\ 5.t1 re,aO L:,A ejt, 5 VAlL..-. C1Cl 2O 3 Street City Zip Code Complete mailing address(if different from above address): Length of time residing at current address: U.S.Citizen?[&fes [ ]no WA State registered voter? ["es [ )no What is your preferred way for us to contact you: [Note:Ifyou lime an unlisted phone number; or do not wish your e- mail address made public. do not include that it formation. Once this document Ls submitted to the City; it becomes subject to public disclosure.] [ ]Home Phone: [ ] Work phone: [ ] Cell Phone: [ ] Other message hane: [ ] E-mail address:(please print clearly): tr*e.tJcX--j - Pepe'r + t'J . Ty4c.)SA Clara- . car-'ci [ ] Regular mail to residence or mailing address shown above EMPLOYMENT:(Please start with most recent) 1. ['A-present [ ] previous Name of employer: f'u\ VAt-,.t s r�r2.‘ L O ) '1 73 seas_ Address: 19 606 e M;:.s;t� AA 5 Q�s cy�►1 y$lA Phone: � Position held: RA-6 1'd rt.t{- Dates df employment:417947 ; 011-t — Pne.d-..'f 2. ["present [ ] previous Name of employer: � v��&O' d. dtel rL� Address: Lieo 1%04.1 (. c1�T2�Z Phone(E Jet 5 3 21 / Position held: t~CCC) Dates of employment: C G 2b 1 3- r eAor 1 3. [ ] present [ ] previous Name of employer: s Address: elev., [,>- ',44, �c .1.%e > .,� you f Phon a ] 1{73 ?'S'L(— Position held: C,dv Dates of employment: Ay 2b/b - rfe. 2)13 4. [ ] present [ ] previous Name of employer: r.or[ L/14.1(& lv.eai c.+/ Address: /Tp P Att 1 ,..J tt,,1 Co '5144-7- Phone: Position held: ?Aug,Li' Dates of employment:/Vh/ ?fib$ EDUCATION: Name of high school LAbw\,6' . Address: 9s-571 Ur - i-1 e yo.2 Diploma or GED: [✓j yes [ ] no FA-fir o rF Trade school/college/university: ,/ Name of School 'i4-L� fi9�;tfyr., Address: ,/V�-1 !} G., Diploma: [ ] yes [ ] no Degree or certification earned: S s Trade school/col lee/university:: Name of School it ali'v S711-7i OA, ,(,7 Address: Jam., d/1 Diploma: [ryes [ ] no Degree 6r certification earned: /47 /444 Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social, fraternal,organizations,etc. i. [415.irrent [ ] previous /u,Q Sp.-3. (Cr—A., 2. [--j current [ ] previous,c ,, -,-t f.� C.rnf�c.'c Ch. 3. [u]-current [ ] previousjc, 6 er,•a /411 SGtd� C 11/41a— 4. [ }current [-I-previous .,e,, , ,spz4c.", e PROFESSIONAL ORGANIZATIONS. Local,state, or national government boards, committees,or commissions on which you serve or have served. 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ l current [ ] previous 5. [ ]current [ ] previous REASONS for applying for this committee, commission, board: / rAvs-4i/ ' frevis-44 By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best Um), knowledge and belief. 1 further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. 1 understand this application is subject to disclosure pursuant to chapter 42.56 RCW. Signati Date Signed CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 18, 2022 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: Mayoral Appointments to Salary Commission GOVERNING LEGISLATION: RCW 35.21.015; chapter 2.10 Spokane Valley Municipal Code PREVIOUS COUNCIL ACTION TAKEN: Salary Committee was convened in 2006 and again in 2018; January 15, 2019 administrative report with final report and recommendation of the Salary Commission, which included a recommendation to discuss potentially convening a salary commission every three years. November 16,2021, administrative report by City Attorney Driskell at which time Council agreed to have Mr. Driskell start the process to have a commission formed. BACKGROUND: The Spokane Valley Municipal Code 2.10 calls for the creation of an independent salary commission to review and establish the salaries of the mayor and the council members,which commission shall consist of five members appointed by the mayor and confirmed by the city council,which commission shall serve without compensation for a term of up to one year.To be eligible for the commission,applicants must be a citizen of the United States, a resident of the City for at least one year immediately preceding such appointment and while serving on the independent salary commission, and a registered voter in Spokane County. Ads seeking commission members were placed in the Valley News Herald, in the Exchange, and were placed on our website. The deadline to submit applications was noon Monday,January 10,2022. The Mayor intends to appoint five members plus an alternate who would attend the meetings as an observer only, and would only actively participate if one of the other individuals would no longer be able to participate. OPTIONS: Confirm or not confirm, the Mayor's appointments to the Salary Commission. If some or all of the Mayor's appointments are not confirmed by Council, the Mayor may either make another recommendation(s),or the matter can be postponed. RECOMMENDED ACTION OR MOTION: "I move to confirm the Mayor's appointments to the Salary Commission of the following individuals: Daniel Allison, Charles Dowers, Tes Sturges, Kathe Williams, and Steven Wareham; and Paul Eric Rieckers as an alternate; each for a term of not more than one year from date of appointment. BUDGET/FINANCIAL IMPACTS: unknown STAFF CONTACT: Mayor Haley; Chris Bainbridge, City Clerk ATTACHMENTS: (1) Spokane Valley Municipal Code 2.10; (2) applications for appointment consideration from the following: (1) Daniel Allison, (2) Charles Dowers, (3) Paul Eric Rieckers, (4) Tes Sturges,(5)Kathe Williams, and(6) Steven Wareham Spokane Valley Municipal Code 2.10.020 Independent salary commission. Page 1 of 3 2.10.020 Independent salary commission. A. Independent Salary Commission. 1. Creation of Independent Salary Commission. The City may appoint an independent salary commission. 2. Purpose. The purpose of the independent salary commission shall be to review and establish the salaries of the mayor and the council members. 3. Composition. The independent salary commission shall consist of five members appointed by the mayor and confirmed by the city council. 4. Compensation. The independent salary commission shall serve without compensation. 5. Term. The term of appointment is up to one year. 6. Qualifications. a. Each person appointed to serve as a member of the independent salary commission shall be a citizen of the United States, a resident of the City for at least one year immediately preceding such appointment and while serving on the independent salary commission, and a registered voter in Spokane County. b. No officer, official, or employee of the City or any of their immediate family members may serve on the independent salary commission. "Immediate family member" as used in this section means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee. 7. Operation. a. The independent salary commission shall elect a chair and vice chair from among its members. The independent salary commission may establish and adopt rules of procedure for the efficient and fair conduct of its business. b. The city manager shall appoint staff and make available supplies and equipment to assist the independent salary commission in preparation of its reports and records. c. Any communication from the independent salary commission to any member of the city council while reviewing the schedule of salaries shall be in writing and made part of the record of the independent salary commission's proceedings. d. The independent salary commission shall keep a written record of its proceedings, which shall be a The Spokane Valley Municipal Code is current through Ordinance No. 21-021, passed November 16, 2021. Spokane Valley Municipal Code 2.10.020 Independent salary commission. Page 2 of 3 public record in accordance with state law, and shall actively solicit public comment at all meetings which shall be subject to the Open Public Meetings Act, Chapter 42.30 RCW. e. The first meeting of the independent salary commission shall occur no later than 20 days after the appointments are made by the city council, and the commission shall review and, if it so determines, amend and file its schedule of salaries with the city clerk within 90 days after appointments are made by the city council. f. Three members of the independent salary commission shall constitute a quorum and the affirmative vote of three members shall be sufficient for the decision of all matters and the transaction of all business. 8. Responsibilities. To determine the appropriate rate of compensation, the independent salary commission shall assess the market rate of compensation for elected city officials and study the relationship of salaries to the duties of the mayor and the city council members. Salaries shall be established by an affirmative vote of not less than three members. 9. Removal. A member of the independent salary commission may only be removed during the appointment term for cause such as incapacity, incompetence, neglect of duty, malfeasance, or for a disqualifying change of residence. 10. Filing Date—Salary Schedule. The independent salary commission shall file its salary schedule with the city clerk who will publish the schedule two times, at least one week apart, in the official newspaper of the City. The second date of publication shall be considered the official filing date of the salary schedule. 11. Effective Date—Salaries. The independent salary commission's salary schedule shall become effective in the amounts, at the times, and under the conditions established in the schedule unless a referendum has been filed pursuant to SVMC 2.10.020(B). Once filed, the schedule shall be incorporated into the City budget without further action of the city council or independent salary commission. Salary adjustments established by the independent salary commission that result in a salary increase shall be effective immediately as to all council members and/or the mayor, regardless of their terms of office. If the salary adjustment established by the independent salary commission results in a salary decrease, the decreased salary shall be effective at the commencement of the incumbent's next subsequent term of office. B. Referendum. 1. Salary Schedule Subject to Referendum Petition. a. The independent salary commission's adopted salary schedule shall be subject to referendum petition by the people of the City. Any such petition shall be filed with the city clerk within 30 days after the official filing date of the salary schedule. In the event of the filing of a valid referendum petition, the The Spokane Valley Municipal Code is current through Ordinance No. 21-021, passed November 16, 2021. Spokane Valley Municipal Code 2.10.020 Independent salary commission. Page 3 of 3 salary increase or decrease shall not go into effect until approved by a vote of the people. b. Referendum measures shall be submitted to the voters of the City at the next following general or municipal election occurring 30 days or more after the petition is filed, and shall be otherwise governed by the provisions of the Washington State Constitution or other laws generally applicable to referendum measures. 2. Referendum Statement. A referendum statement on a petition shall be phrased in the following language: Should the salary schedule filed with the City Clerk of the City of Spokane Valley by the Independent Salary Commission on be repealed in its entirety?Your signature on this petition indicates your vote in favor of repeal of the attached salary schedule in its entirety. A copy of the salary schedule or ordinance to such referendum petition shall be attached to each referendum petition for the information of the parties requested to sign such petition. 3. Initiative Provisions Applied to Referendum Process. All state law provisions applicable to the form of the petition and sufficiency of signatures required for an initiative petition as set forth herein, and to the submission to the vote of the people as set forth herein, shall apply to a referendum petition and to the salary schedule sought to be defeated thereby. 4. Referendum — Effective Date— Record. If a majority of the number of votes cast on the referendum oppose the salary schedule or ordinance, such salary schedule or ordinance shall be deemed repealed following the certification of the vote. (Ord. 18-021 § 2, 2018; Ord. 06-021 §§ 1, 2, 2006). The Spokane Valley Municipal Code is current through Ordinance No. 21-021, passed November 16, 2021. Application Form for Committees/Boards/Commissions -. u ly Spokane Return completed form to City Clerk: ° t' o .0080 Valley• Spokane Valley City Hall u Z02/ I0210 East Sprague Avenue ","' al,ley,WA 9920 Phone: 509-720-5102 cbainbridge c,sp� ley.org [Note: To meet an application deadline, applications may be taxed or e-mailed. However, the Clerk's office will nee l elin l si ned application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS TiI;R / OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. ��}}�� Call the City Clerk if you have questions.] I AI\9 INTERESTED IN SERVING ON THE FOLLOWING COiMMl"11'EE: [Check one box; note requirements] [ ] Planning Conimis inn--• Must bt: a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(LTAC) -Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Councilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded aeiiviLies(such as a non-profit organization to increase tourism). Identify the business or organization you represent . [ ] Spokane County Housing and Community Development Advisory Committee(HCDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force —Terms are for four years. Must be a resident of Spokane Valley. The Board currently meets 21'd Tuesday of each month,3:30 to 5:00 at Catholic Charities, 12 E 5'h'Spokane. [ ] Spokane Housing Authority(SHA)--regional committee, five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ ] Other: //L7//. /9 �iOir �t Name (please print): 0/LI A.I/Pt !/i 11 oAl Complete residence address: ]2D; A/1 104/2/2t X1 RD S po 11/9L2-0 91M1(p' Street City Zip Code Complete mailing address (if different from abo eA address): Length of timer ' i g at current address: / `p U.S. Citizen? ]yes [ ]no WA State registered voter? ]ye [ ]no What is your preferred way for us to contact you: [Note:If you have an unlisted phone number; or do not wish your e- mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure] [ I Home Phone: [ ] Work phone: cli-CIE [ ] Cell Phone: 5C1 2130-6 g 72- [ ] Other messagephone: [ ] E-mail address: (please print clearly): tG yM 22 f.`a_f) Gt, `1 Kl/114-1L (10111 [ ] Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. [tom]present [ ] previous Name of employer: ALL/5-0,7 6 tA,9k)CA-1/AX (5'E in l - fET . ED Address: 12_03 /)r PO) M. Phone: 501-20o•b '72- Position held: /4/J,l E12 /gurek. j/ _ Dates of employment: fo 'r1 2. [ ] present [ ]previous Name of employer: Address: Phone: Position held: Dates of employment: 3. [ ] present [ ]previous Name of employer: Address: Phone: Position held: Dates of employment: 4. [ ]present [ ]previous Name of employer: Address: Phone: Position held: Dates of employment: ENameofhig s r .� j7l1E Name of high school EAT- ��E Address: •�p V Diploma or GED: [ ] yes [ I no Trade school/collegehuuversity: Name of School. Address: Diploma: [ ]yes [ ] no Degree or certification earned: Trade schoollcollege/university: /� ,gyp Name of Schoo 9 1 -T� „9,0_1/2 Q� Address: u A7ko ran,(7/ , Diploma: (Tye [ ] no /Degree or certification earned: ,41 () IZ%94 417 Al S77i2f,te TDA Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social, fraternal, organizations,etc. 1. [ ] current [ ] previous 2. [ ] current [ ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards, committees,or commissions on which you serve or have served. 1. [ ] current [ ] previous 2. [ ] current [ ]previous 3. [ ] current [ ] previous 4. [ ] current [ ]previous 5. [ ] current [ ] previous 1 REASONS for applying for this committee, comrnissiori,poar : I .s77,,.2� /9 1Y 0/� Ca 5J ,t7 f/il S �5o C.U/2 1(42, 4/ //"' ;v `- %r M1211 By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this a lication is s bject to disclosure pursuant to chapter 42.56 RCW. r . - 9- al Signat • Date Signed Reorirn,„, r3 Application Form for Committees/Boards/CommissionSAN Wane "` Return completed form Ci crl:: ?202e S" `, lle • Spokane Valley City}fall oft t fr �'A 10210 East Sprague Avenue Spokane 1rl]c �` WA V .f Phone: 5f)9-72t)-5IO2 ci}>rudrrttl)zeir5lu�l.snrcc,rlle�.r / `' 'Note: 'I'o meet an application deadline, applications may be Nixed or c-miiilcd. I lowever, the Clerk`s office gill need an original, signar�� application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING.OPENINGS MO:PoS'I'EI)ON TI Ili CITY'S WE13PACLE ANI)ADVERTISED iN TI Ili LOCAI.NEWSPAPERS. Call the City Clerk if you have questions.) I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: ICheck one box: note requircnlents! I 1 Planning Commission—/tins(be a Spokane Valley resident.(See chapter 18.It)SVMC) `Penns are tirr three years.Applicants are selected without respect to political affiliations,and serve without compensation. I I Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) 'I'eons are for one or two years.Committee consists of live members: One Councilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,ete.). 'l'wo involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent I Spokane County Housing and Continually. Development Advisoty Committee(HCDAC) ICDAC includes two Spokane Valley residents:terms not to exceed three yeas, Spokane Valley appointment pending final approval by Spokane County 13oard of Cotunnissioners, Spokane County Application and Supplemental Application also re µrired. I I Spokane Comity Human Rights Task Force —Terms arc for four years. Must be a resident of Spokane Valley. 'thee Board currently meets 2"TTuesday at'each month,3:30 to 5:00 at Catholic Charities. 12 E.5'h Spokane. I I Spokane Housing Authority (SHA)—regional committee, live members.Terms are five years. One individual directly assisted by tlnc Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair or Board ot'County Commissioners, "I\vo individuals who work or reside v.ii1iin Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. ('hick with the City Clerk concerning a vacancy on(iris committee, I I Tourism Promotion Area. Hotel Advisory Committee(aka Hotel/Motel Association)—Terms arc for three years. Spokane Valley appoints two members.and one ex-of icio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. IX Other: st ary COwtvi.i55451,1 Name(please print): tr _ta>, {r& is.)o ct)& "-> l Complete residence address: 10 7 7 0 C /'r." /_}vC7 kr \ai r r q 9 206 Street U`tv Zip Code Complete mailing address(if different from above address): Length of time residing at current address: U.S. Citizen? Kyes I ino WA State registered voter'?klycs I ino What is your preferred way for us to contact you: (Note: lf:t'on have an unlisted phone number, or do not wide sour a- /unit address made public, do not include that infimrmation, Once this document is.submitted to the('it v, it becomes subject io public(li.S•rlO,ctu'e.] II Home Phone: I i Work phone: rsi Cell Phone: I i Other message phone: II E-mail address: (please print dearly): i>Q Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) l. 'present [ I previous Name of employer: & talk$ Address: }1711 E 7.40-' Aye, Phone: 5-0`l-5 3C,-.SJ�5r Position held: f c_ —S4,v01 Dates of employment: 0912o a — pA95e �-� 2. I I prCSCnt 1 I previous Name of employer: Address: Phone: Position held: Dates of employment: 3. I I present I I Previous Name of employer: Address: Phone: Position held: Dates of employment: 4. 1 I present I 1 previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION: Name of high school Address: Diploma or GED: 1 1 yes I I no e Try`lC) school/college/university: Name of School flopria,frir TeeLoies la £LJu ?kddress: Diploma: yes I I no Degree or ccr fication earned: 6 S �rc�«e>��f /=W�✓� r E /s, Trade sehool/college/university: Name of School Address: Diploma: 1 1 yes 1 1 no Degree or certification earned: Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social, fraternal,organizations.etc. 1. 1 ' current [xi previous Mncw. n/K (rl.+�/51F!'ew LP t.ee { 2. Ix current F ' prevs previous t7t4's C g a. 4. 1 1 current 1 1 previous PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards, committees.or commissions on Nvhich you serve OF have served. I.p:1 current 1 I previous C tzic"( eLe#11P0,4 5c.L. C — Acevtdi a, ( wiJ/I'e 2. 1 1 currant I I Previous 3. I I current I I previous 4. 1 1 current I I previous 5. I I current I I previous REASONS for applying for this committee, commission, board: tJct ci-d 04_054 rccevot 00,4AC:rr j1,60, fie ,t--4y4 Gw..(1 ,5a4b1 14 A a. ood cJt). 1--e jet rift Volt/ By signing this application. I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this applicatio sub''c disc sure pursuant to chapter 42.56 RCW. 1 ) 7/ 2.2 sib re Date Signed • * E Application Form for Committees/Boards/CommissionsSokapne Return completed form to City Clerk: _'r;!'a e Spokane Valley City Hall �� 10210 East Sprague Avenue Spokane Valley,WA 99206 N 3 QZZ Phone: 509-720-5102 cbainbridgc a,spokanevalley.ory Fax; 509-720-5075 Application n a.J rri �j 1 or f ed.Please do not send an application via text message attachment.One application per position please. DO NOT BMtT '�. 'I �S THERE IS AN OPENING. Openings are generally advertised in the local newspapers,and posted on the City's Webpage at htEp:/w► v.spokmtevtil ley.org/volunteer Feel free to call the City Clerk if you have questions. I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] [ I Planning Commission-Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years. Committee consists of five members: One Councilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent [ ] Spokane County Housing_and Community Development Advisory Committee(HCDAC) HCDAC includes two.Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force_—Terms are for four years. Must be a resident of Spokane Valley. The Board currently meets 2"ti Tuesday of each month,3:30 to 5:00 at Catholic Charities, 12 E 511'Spokane. [ ] Spokane Housing Authority (SR A)—regional committee,five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ] Tourism Promotion Area.Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-offtcio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [4 Other: . .P-1c./ Nam Name(please print): t.. rz.te t Eclp-F�`7 Complete residence address: .-/35'a14 E. '-I T Street City Zip Code Complete mailing address(if different from above address): Length of time residing at current address: U.S. Citizen? [71yes [ ]no WA State registered voter? Myes [ ]no What is your preferred way for us to contact you: [Note:If you have an unlisted phone number, or do not wish your e- mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [ ] Home Phone: [ ] Work phone: [xl Cell Phone: ¶t- ?-4'6-N$`3© [ ] Other message phone: [ E-mail address: (please print clearly): g'ter -EP6E %-(ATx+Ms . CenM [ ] Regular mail to residence or mailing address shown above EMPLOYMENT:(Please start with most recent) 1. [t ].present [ ] previous Name of employer: 1/41/At1/45p4 ['^eAw.v•S'C 'sPgc-IM—T/eS Address: p7 t.1 . r4fipp, . Spa A.�r �.. ! 5%2 Phone:5E0- -e ! Position held , Et - tv144AilE;I:'-- Dates of employment: 9/5 • ' c5Etis"r 2, [ ] present [)1 previous Name of employer: farE t•dAt-- Address: 4exY7 - v i .. Foir-ewLt- I 4 '21eo Phone:S s 535-q 7. % Position held:livozoctkous E SL+rer,.11 Sb Dates of employment: 3. [ ]present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: 4. [ ] present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION: Name of high school [, }raa 0-.E ter• Address: l!�`i-1 E RI.J t Diploma or GED:Ayes [ ] no aF 7, 0%2_ Trade school/college/university: Name of School s 5 Address: Gi Et-tr-tc L� 'Wong Diploma: [ ] yes [1:4}no Degree or certification earned: Trade school/college/university: Name of School Address: Diploma: [ ] yes [ ] no Degree or certification earned: Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social,fraternal,organizations, etc. 1. VI current [ ] previous fp•AC.,p' t'i r4 MA r tl c Ler)4 E 4;24 97 2. [I current [ ] previous et, le-ATI 3. m current [ ] previous 4. [] current [ ] previous 6g 1L711,.NFit & y Oen-rrt..3'r6— PROFESSIONAL ORGANIZATIONS. Local, state, or national government boards,committees,or commissions on which you serve or have served. 1. [ ]current previous 4c,t'`1 2. [ ] current ] previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous REASONS for applying for this committee, commission, board- Nlr A-s-rere By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this ap ion is su toe nsure pursuant to chapter 42.56 RCW, • //' J ©?� Signatt re Date Signed a� i v g Applical 1i t ,,-;1. A Committees/Boards/Commissions Spokane ` ` DEC 0 8 Return completed form to City Clerk: ,_Valley. z�z� Spokane Valley City Hall 10210 East Sprague Avenue Spokane Valley,WA 99206 j of S y�(}kan Phone: 509-720-5102 ebainbridge@spokanevalley.org [Note: To meet an application deadline,app"fi il [7al ( ia� or e-mailed. However, the Clerk's office will need an original, signed application prior to appointment. One application per position Ware.DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING.OPENINGS ARE POSTED ON THE CITY'S WBBPAGE AND ADVERTISED IN TILE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] [ ]Planning Commission—Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Councilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent . [ ] Spokane County Housing and Community Development Advisory CommitteeJHCDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force —Terms are for four years.Must be a resident of Spokane Valley. The Board currently meets 2" Tuesday of each month,3:30 to 5:00 at Catholic Charities,12 E 5e Spokane. [ ] Spokane Housing Authority(SHA)—regional committee,five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All no ines must be operators employees of lodging business within Spokane County. [)d Other: oc/4i t n4,t1'I.._ Name(please print): Tes Sturges Complete residence address: 4229 S Woodruff Rd, Spokane Valley, WA 99206 Street City Zip Code Complete mailing address(if different from above address): Length of time residing at current address: U.S. Citizen? [Ayes [ ]no WA State registered voter? [x]yes [ ]no What is your preferred way for us to contact you: [Note.`If you have an unlisted phone number, or do not wish your e- mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [ ] Home Phone: [ ] Work phone: [xi Cell Phone: 509.990.0418 [ ] Other message phone: [x] E-mail address: (please print clearly): tessina92291a gmail.com [ ]Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. [ ] present [ ]previous Name of employer: Thrivent Financial Address: 534 E Spokane Falls Blvd, Spokane, WA 99202 Phone: 509.990.0418 Position held: Financial Advisor Dates of employment: 3/1/2021 thru current 2. [ 'present [ previous Name of employer: Metropolitan Creditors Trust Address: No longer in existence Phone: Position held: Chief Financial AnaiyQt Dates of employment: 2/4/2004 thru 4/30/2021 3. [ ]present [ ]previous Name of employer: Address: Phone: Position held: Dates of employment: 4. [ ]present [ ]previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION: Name of high school Allen Consolidate Schools Address: Allen, NE Diploma or GED: [ ]yes [ ]no Trade school/college/university: Name of School Mount Marty College Address: Yankton, SD Diploma: [x] yes [ ] no Degree or certification earned: BA in Accounting/BirsinPSs Administration Trade school/college/university: Name of School Gonzaga University Address: Spokane, WA Diploma: [x] yes [ ] no Degree or certification earned: Masters in Arnnunting Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social,fraternal,organizations,etc. 1. [)current [ ] previous Church Council member, Advent Lutheran Church 2. [ ] current [ previous Habitat for Humanity 3. [ ] current [x]previous Valley Christian School 4. [ ] current [ ] previous PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards,committees,or commissions on which you serve or have served. 1. [ ] current [x]previous Spokane Valley Salary Commission 2. [ ] current [x] previous Spokane Housing Authority 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous REASONS for applying for this committee, commission,board: To add continuity to the committee given that I served on the previous Salary Commission By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subject to disclose pursuant to char ter 4es M 2.5.g RCW. Tes M DN:cn=Tes M Sturges,o=Resolve Finanancial Group,Inc.,ou, Si afore email=tess@resolvefinancialgroup.c Date Signed Sturges om,c=U5 Date:2021.12.08 14:00:19-08'00' Application Form for Committees/Boards/Co r.t4 ions Spok a \``� Q Return completed form to City �}j/ a ,`C Ial le Spokane Valley City Hall VV ,� �/� V 11 Y 10210 East Sprague Avenue Spokane yalley,WA 9920 Phone: 509-720-5102 cbainbrikllerd4A/kilngi ixe; [Note: To meet an application deadline, applications may be faxed or c-mailed. However, tl Clerk's office wilt-need4aft iginal, signed prior to appointment. One application per position please. DO NOT SUBMIT A ` PrL TION UNLESS THERE IS AN OPENING.OPEN NC,S ARE POSTED ON THE CiTY'S WEBPAGE AND ADVERTISED iN tat> jt"' P PERS. Call the City Clerk if you have questions.] ,"'' tane V .//ev I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box; note requirements] [ ]Planning Commission—Must be a Spokane Valley resident.(See chapter 18.10 SVMC) Terms arc for three years.Applicants are selected without respect to political atliliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years,Committee consists of five members: One Councilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent [ ] Spokane County Housinz and Community Development Advisory Committee(l-ICDACi HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force —Terms are for four years.Must be a resident of Spokane Valley. The Board currently meets 2'Tuesday of each month,3:30 to 5:00 at Catholic Charities, 12 E 51"Spokane. [ ]Spokane Housing Authority(SHA)—regional committee,five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vaccancv on ttaic committee. [ ]Tourism Promotion Area, Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). [t All nmi es must b�opc ator rpr mC yee gf,Jod n �vi}min Spokane County. Other: { liU Wit ll ►! /� / //� � Name(please print): Atr,'i'.i/ WI•l�i,(Gl Complete residence address: Pp/ V 6�5 4d, Uji /t dd& / /L 6 Street 1' City Zip Code Complete mailing address(if different from above address): (9d/X d�j' dJJThJL Length of time residing at current address:Al /'3 U.S. Citizen? [tries [ ]no WA St€registered voter? [s S es [ ]no What is your preferred way for us to contact you: [Note:If you have an unlisted phone number, or do not wish your e- mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [ ] Horne Phone: [ ]Work phone: . . [tr]''Cell Phone:r,?,ts$:S/,ii '6 �],9t r -ssage phone: [Kt-mail address: (please print clearly): I�dd/J,// 17 s • i/4 writ, [ ] Regular mail to residence or mailing k.d.dr2ss shown a.. EMPLOYMENT: (Please start with most recent) 1. [ ]present [frevi jets Name of employe Address: Phone: 33. al- Position held: tSct1 �5 [>IRC'1t1.. /l�al Dates of employment: , 406 -- (,/I A.174.1/(. ) 2. [ ] present [Vrevi yi rs //� '' Name of employer: 1 1 L.)L C�Y (L Address: Phone: . . Position held: ` Dat- of employment: 3. [ ] present [ irevi s Name of employer: AL- Did' / �E� Address:0,20/ /( ' ! a Phone: _ _r Position held: (kils Dates of employment: I. slL jc . 9J 4. [ ] present [i/Krevio s Name of employer: / et I" Address: ' Zi. Phone: Position held: C cc D s of employment: ,},ouic 1Y y,,surts EDUCATION: �.( IJ1 i/ Name of high school +,J(if 'L( . ✓7i/L 12. : Address: Z C , C(�l('/Li/ (L Diploma or GED: [tr]' 'es [ ] no �o(i Trade schoolfcolle e/>lri lv_ersity: • ,.�/, t �r��, / Name of School �5tem--!ice r. dress: , S J 9 4 Diploma: [ej'`yes [ ] no Degree or c ►fication earned: 41.4, f 'R,5 Trade school/college/university: Name of School Address: Diploma: [ ] yes [ ] no Degree or certification earned: Other relevant certifications/licenses: VOLUNTEER EXPERIENCE:,Name of social fraternal, organiza iol s et . 1. [ current [ ] previous ill;/ 1_ ._ / a. AI • t' 2. [ ] current [�,]rprcvious tcSfd 'L! • ` . i r_ fL +r .t._ ! !/� 'r._ ., : t +../ 3. [ ] current [ revious i 1 r1 . , . •� ��-. 1.. l -l--.,[�i 77, R 1 . ✓ 4. [ ] current [�pl-cvious LIII Iif 1 - • . r� �T/1'�I. I PROFESSIONAL ORGANIZATIONS. Local, state, or national government boards,committees,or commissions on which you serve or have s rued. 4 1. [f„'current [ ] previous / AI .111; I ` / _I. le •1[' 2. [ ] current [ previous 1 Mr al►nd,J ' r ;''' 3. [ ] current [ revious T • , i . %�.� 4. [ I current [ ] previous 5. [ ]current [ ] previous ASONS for applying for this committee, commission, board: C3' /(, 1i( ,,. /(45 rG4 4..7t d'&L Cf/ out- bus%It4,55 6Wi%u7 /4. A 6t..`t Q itfe_. �S b�fz/L� A �✓ ✓ 7.+�3�• �1 /�i.�� c�1,.L1�.-/iE.t/�`i�/J�ts.�'r� . By signing this application, I certify under penalty of peijury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not repre-ent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand hi •,.plic,tiol�i inject to disclosure pursuant to chapter 42.56 RCW. Sig .ture . Date Signed 4 Application Form for CommitteesBoards/Commissions Sokane Return completed form to C �IerIG: ✓,q� �� .00.10Valley. Spokane Valley City Hall p 10210 East Sprague Avenue Spo ne i lle ,WA 992oi 81F Phone:509-720-5102 cbainbridge(a,spokyc)valley.org C [Note: To meet an application deadline,applications may be faxed or e-mailed. However, the Clerk's office will titia original, signed application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLES -* IS AN OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] Q1y,// eje I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] [ ]Planning Commission—Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Councilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent [ ] Spokane County Housing and Community Development Advisory Committee(HCDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ]Spokane County Human Rights Task Force ---Terms arc for four years.Must be a resident of Spokane Valley. The Board currently meets 2nd Tuesday of each month,3:30 to 5:00 at Catholic Charities,12 E 5'h Spokane. [ ] Spokane Housing Authority(SHA)—regional committee,five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. MOther: SfiliMy Go pvvi idsipn/ Name(please print): S T1 V 67 IVIA/6 4 rs 1/4114 po Complete residence address: ` /.d 14 5�4 N�p/ /tv 5,Da/i'�'vf 1/4i��y ! /n/C Street City Zip Code Complete mailing address(if different from above address): Length of time residing at current address: U.S.Citizen'l4yes [ ]no WA State registered voter7(p yes [ ]no What is your preferred way for us to contact you: [Note:If you have an unlisted phone number, or do not wish your e- mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [ ] Home Phone: 6C]Work phone: J°9 —31t2b 44 /a 2 kd Cell Phone: Sc'9-I/96-02/d 6 [ ] Other m9ssage phone: [p E-mail address: (please print clearly): S/Y1 W I' O/b 6"4 Z. - C.a [ ]Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. ( present [ ]previous Name of employer: L>L f O<A,r+ 5;,[..- elf. ,S%o/CA+vc Address: 3l Ili a 9 I") 4viZ S/,C c i Ivor 9P.2 3 Phone: d Y^c5-3 6 Sjpo # /dd Position held: /1 CCevti Dates of employment: Jt L/v2 e'/a /D/LCSt 2. [ ]present [ ]previous Name of employer: Address: Phone: Position held: Dates of employment: 3. [ ]present [ ]previous Name of employer: Address: Phone: Position held: Dates of employment: 4. [ ]present [ ]previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION: Name of high school Ni t✓iAK f bli AA Address: Ag wiah2 Diploma or GED:Oyes [ ] no Trade school/college/university: Name of School 1' IA/ U Address: C .A.,, c, Diploma: Dyes [ ] no Degree or certification earned: 8v7 /Al l9 cc o N r 17 Trade school/college/university: Name of School Address: Diploma: [ ] yes [ ]no Degree or certification earned: Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social,fraternal,organizations,etc. 1. [ ]current [p,;]previous as`S c v v T 3 A dZ i(.-n 2. [ ]current [ ]previous 3. [ ]current [ ]previous 4. [ ]current [ ]previous PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards,committees,or commissions on which you serve or have served. 1. [ ]current [ ]previous 2. [ ]current [ ]previous 3. [ ]current [ ]previous 4. [ ] current [ ]previous 5. [ ] current [ ]previous REASONS for applying for this committee,commission,board: We uZ.1,9 Z.'I!c r k r i rvv o l vc, i N rA. Lr,y 6ov6,/tivm-C4✓r, illvgc., 714A/ ri...5 .S At,w,•vrf vI re' i A( Gl:/ 40vkf/L./l, TT k,:1w�.s, (l By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. 1 further state that my appointment would not represent a co flict of interest or an appearance of a conflict of interest with the duties of this position. I understand this app '�on is subject to disclosure pursuant to chapter 42.5E RCW. 1---3— )o 2 0,7 ignature Date Signed CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 18, 2022 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: Mayoral Appointment, Citizen to HCDAC GOVERNING LEGISLATION: HCDAC Bylaws BACKGROUND: Per the final amendment of the HCDAC (Housing & Community Development Advisory Committee)bylaws,we are now able to appoint a total of four representatives to this committee. Current City representatives include Councilmember Woodard,Amanda Tainio,and Tom Hormel. Former Spokane Valley Housing and Homeless Coordinator Arielle Anderson resigned from City employment,and resigned her position with the HCDAC November 2,2021.Ms.Arielle Anderson was appointed for a three- year term June 8,2021. Her three-year term was to have ended June 30,2024. Eric Robinson is the City's new Housing and Homeless Coordinator,having replaced Ms.Arielle Anderson, who resigned her position with the City and subsequently with the HCDAC. This appointment would complete Ms. Anderson's unexpired term. OPTIONS: Confirm the appointment; do not confirm the appointment; take other action. RECOMMENDED ACTION OR MOTION: I move to confirm the Mayor's recommended appointment to the HCDAC, of Eric Robinson, with a term effective immediately upon appointment, and expiring June 30, 2024, pending final approval from the Spokane County Board of County Commissioners. BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: Mayor Haley; John Hohman ATTACHMENTS: Application from Mr. Robinson Application Form for Committees/Boards/Commissions p0 ne Return completed form to City Clerk: 40.001V Valley. Spokane Valley City Hall 10210 East Sprague Avenue Spokane Valley,WA 99206 Phone:509-720-5102 cbainbridge(aispokanevalley.org [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an original, signed application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING.OPENINGS ARE POSTED ON THE arms WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] [ ]Planning Commission—Must be a Spokane Valley resident. (See chapter 18.10 SVVIC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years. Committee consists of five members: One Cou ncilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent S okane Coun Housin and Communi Develo ment Adviso Committee HCDAC HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force —Terms are for four years.Must be a resident of Spokane Valley. The Board currently meets 2"Tuesday of each month,3:30 to 5:00 at Catholic Charities, 12 E 5th Spokane. [ ] Spokane Housing Authority(SHA)—regional committee,five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ ] Other: Name (please print): ?o 6 l s ov'k S Complete residence address: I Z../0 A . S ,nn r.� I. 561 D vim-- 1Zn I Street G City Zip Code Complete mailing address (if different from above address): Length of time residing at current address: U.S. Citizen? es [ ]no WA State registered voter?(yes [ Ina What is your preferred way for us to contact you: [Note:If you have an unlisted phone number, or do not wish your e- mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [ ] Home Phone: [ (Work phone: ( ,so t) 3-ZO -- Ste' 6 (wor k ( $k) Psi-Cell Phone: (( -00 3- Oti Z S (work ce4 ] Other message phone: [4E-mail address: (please print clearly): 2_f o 1 i so vt 2 coo Ku.ArLve,11� . 03 [ ] Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) l.kJ-present [ I previous rr game of employer: (44 ®f S.o Kist_ Ual(2 Address: )O 2.10 gr S6)r. A, AJe- S o, 1/ 11el 9017.o6 Phone: ( So9)-7-2/0 -- Say{ 8 Position held: l'tov5 , LiesS C,�o1ctiti„4,1-1-o- Dates of employment: ?/'3/ 22 reSegi-[ [ ] present 2. Name of employer:evious -v 11 ram; vt" ,l qv() /U W ��5 �'r Address: 1` 2(1 itve Soo ZoZ Phone: Position held: h1u,6;1+ .r E S.t �Ju r l/llc cl5 Dates of employment: /1 S'/ I`I •- 12-/2 ?-/21 p(vg f wt /tnc, yc 3. [ ]present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: 4. [ ] present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION: ��} Name of high school Le wit }-C(c A Address: Diploma or GED: [ ryes [ ] no Trade school/college/university:Name of School WeAle+n WA. U. Address: liN1 1,1 � i 4 /'A Diploma: t<ryes [ ]no Degree or certification earned: 13.4 : I�r�l; cul coM�w�� / N u �h t�u't5 ��c, ivy - wt.ericAh ft.& to.A5 Trade schoollcollege/univers ty: Name of School l '^lug' ddress: +9, '� J �� • Diploma: ]'yes [ ] no Degree or c ttification earned: Al A S uy.kikut�big- '41y„rv,, 4 Acw.le MVO u✓-t& M er r. j4- ay..1 �oftc Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social,fraternal, organizations, etc. I. pG4curr•ent [ ] previous F-6,5}- Cey-1-rag Co=Y m t,Nl CJ rjci, fo✓\ 2. [ "current [ ] previous o Kovvia �', r Yet p� 3. [ ] current [k]'previous 5du evn;l J 0 s 4. [ ] current k]'previous 3� ?3r611ne.4 j3; 54s4erS PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards, committees,or commissions on which you serve or have served. mi..,1. [ 'current [ ] previous Co- G 1n G rf o 5.11A les Sib- C o i Free, - I) 1.4,1 r, ` Cart 2. [ ] current [ ]previous 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous REASONS for applying for this committee, commission, board: Utiol' Ill i i ekv 4 tM G l de,✓r r)5itio" 1ru1tL' COSV z.s 1-lous'��+� i- H6welets C.cbr ya By signing this application, I certify under penalty of peijuiy of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subject to disclosure pursuant to chapter 42.56 RCW. / ?"- Signature Date Signed . , 1fIl , 711'�11�{/�■�11Ift� q'! 1 k `e *T! f+l SL KAN _.,.. : tv! , i. l Couir Board/Commission Membership Application 1116 W Broadway Ave, Spokane,WA 99260 Housing & Comm Development Advisory Cmte 1 /7/22 Board Applied For: Date: Phone (h):(509)720-5048 (c):(509)703-0925 Name: Eric Robison Address: 10210 E Sprague Aye, Spokane Valley 99206 Email Address:erobison a► spokanevalley.org Current Employment Present Employer:City of Spokane Valley From: 1 /3/22 To:Present Duties/Responsibilities:Housing and Homeless Coordinator Please list or describe any relevant experience that you believe will assist your service on the In addition to my current role as Housing and Homeless board/commission for which you are applying: Coordinator with CoSV, I have experience working with community service organizations throughout the area for over a decade. I have also written/submitted successful CDBG applications. Educational Background Please list the highest level of education achieved(including school name and certificate/diploma/degree MA In Sustainable Development:Management and International Poky from the School of International Training in Washington,DC received): Community Related Activities Please list and describe any community activities that you have participated in: I have been a board member (serving as board Secretary for the past 3 years) with the East Central Community Organization, a local developer/manager of affordable housing in Spokane's East Central Neighborhood. I am also an active volunteer with the Spokane River Keeper in their Citizen Scientist program. it1 ' �c!EE)I1IRr Spokane County W AS HI NCTCC COMMUNITY SERVICES, HOUSING, AND COMMUNITY DEVELOPMENT DEPARTMENT Kathleen Torella, Director BOARD MEMBERSHIP SUPPLEMENTAL Board Applied For: Housing and Community Development Advisory Committee (HCDAC) Applicant's Name: Eric Robison How did you hear about the vacancy? City of Spokane Valley Were you referred to the board? X Yes ❑ No If yes, by whom? My employer— City of Spokane Valley Some boards have restrictions on membership if applicants are staff or board members of agencies contracted to provide services. Do you work for an agency or serve on the board of an agency contracted with Spokane County Community Services, Housing, and Community Development Department? X Yes ❑ No If yes, please explain your affiliation: I am the Housing and Homeless Coordinator for the City of Spokane Valley. CoSV current receives HHAA funds from the County, as well as other contracts on a regular basis. Do you or a family member have a financial interest in any Spokane County Community Services, Housing, and Community Development Department contracted service provider? ❑ Yes X No If yes, please explain your/their affiliation: Thank you! g 6 — — Applicant's Signature www.spokanecounty.org/CSHCD 312 West 8th Avenue, Spokane, Washington 99204 509.477.5722 T 1800.273.5864 1800.833.6384 Relay 1509.477.6827 F CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 18,2022 Department Director Approval: Check all that apply: n consent n old business ®new business n public hearing n information n admin.report n pending legislation n executive session AGENDA TITLE: Mayoral Appointment: Spokane Hotel/Motel Commission(TPA) GOVERNING LEGISLATION: RCW 35.101.040(2) and "Interlocal Cooperation Act Agreement for Establishment of Spokane County Tourism Promotion Area"as well as Amendment 1 and 2. PREVIOUS COUNCIL ACTION TAKEN: On February 10, 2004, Council approved the above- mentioned Interlocal agreement. Amendment No. 1 to that Interlocal, which approved removal of the December 31, 2008 sunset clause, was approved by Council December 11, 2007. Amendment No. 2 approved by Council August 25, 2009, amended the Special Assessments on operators of Lodging Businesses changing levy rates in Zone A,B, and C to $2.00 per room per day. A subsequent amendment was approved by Council November 24,2020 which included a termination provision,and a provision that our City would receive quarterly reports on the revenue generated within our borders. Mr. Andy Rooney was appointed to this committee May 14, 2019. Per agreement, we are allotted two citizens, and one ex-officio member. The citizens must be operators or employees of lodging businesses within Spokane County.Our citizen representatives include Jody Sander,with a term ending April 30,2023, and Andy Rooney,with a term which ended December 31,2021. BACKGROUND: Notice of the opening was placed on the City's website and published in the Valley News Herald and the Exchange, with November 29, 2021 as the deadline to apply. The City received a letter from the Spokane Hotel/Motel Association recommending the re-appointment of Andy Rooney, Mirabeau Park Hotel General Manager. Terms are for three years. OPTIONS:Move to confirm the appointment;do not confirm the appointment;or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to confirm the Mayoral re-appointment of Andy Rooney, Mirabeau Park Hotel General Manager, to the Spokane Hotel/Motel Commission for a term beginning immediately upon appointment, and expiring December 31,2024, BUDGET/FINANCIAL IMPACTS: n/a COUNCIL/STAFF CONTACT: Mayor Haley,Chris Bainbridge ATTACHMENTS: Letter of recommendation from the Spokane Hotel/Motel Association;Application for Commission Appointment Application Form for Committees/Boards/Commissions AS 0 e Return completed form to City Clerk: 4000 Va1v�1e Spokane Valley City Hall 10210 East Sprague Avenue Spokane Valley,WA 99206 Phone; 509-720-5102 cbainbridgeAspokanevalley.org [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an original, signed application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements) [ ]Planning Commission—Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. ;j. Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) elms are for one or two years.Committee consists of five members: One Councilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent . [ ] Spokane County Housing and Community Development Advisory Committee(HCDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force —Terms are for four years.Must be a resident of Spokane Valley. The Board currently meets 2rd Tuesday of each month,3:30 to 5:00 at Catholic Charities, 12 E 5'P'Spokane. [ ] Spokane Housing Authority(SHA)—regional committee, five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. ourisni Promotion Area, Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years.(171 ] . Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ ] Other: Name(please print): A(4Dt4 W13 OCka\ Complete residence address: 1 WO& fat ( / -v kok ) 0 ENAL6 ,tJA" 9,D1 Street %4 .City Zi}� CodelI ff Complete mailing address (if different from ab ve address): I(00 �. Sci. k, �1 cvc V 1 I P .VCtt [t) Length of time residing at current address: 16ye(,.,/1 �-y U.S. Citizen s- [ ]no WA State registered voter' yes [ jno '!! What is your preferred way for us to contact you: [Note:If you have an unlisted phone number, or do not wish your e- ntail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [ ] Home Phone: r [ ] Work phone: ell Phone: 6t - 1-(J10 [ ] Other message phone: ,, <F.. -mail address: (please print clearly): O.tr 0ot1 Q. ��to;r�,, ,�,_.�I&trk-61—€1 - CO ton.[ ] Regular mail to residence or mailing address showdaEoove EMPLOYMENT: (Please start with most recent) 1. present [ ] previous✓] ,1�� (?, („ �l Name of employer: k C tC�x�- 1 Address: 1(00 N. G ;ltat.` 'D 36)4110E. Y , Phone: . • Position held: Dates of employment: afl4 fl�4i 5,4-N 7 a065- /c f A-1/11-� — 2. [ ] present t evious 11-6 // r 4)4e6 (c,ve `Name of et ployer: �T1J ,, Address: SO TJ --/ 3 d3E'J.3tC�Fd{ I/4.L-$ Phone: Position held: T�( �-11 tie C.�l . Dates of employment: 1111 4`) ZOOS 3. [ ] present 1)(..previous Name of empl r: ✓ � VA "SS (/4 ' J Address: Phone: Position held: (' t J 774/i46 bat- Dates of employment: ( 71 — /(27, 4. [ ] present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION: S14"446e-17P,SlikLJTattittAtubqoek- iits Name of high schoolAddress: Diploma or GED: es [ ] no Trade school/college/university: Name of School Address: / �I�� Diploma: yes [ ] no Degree or certification earned: AA f .cp,� L lr T7 (J Cam'�'J ,4-, Trade school/college/university: - C�,_1,'''' `I Name of School Address: Diploma: [ ] yes [ ] no Degree or certification earned: Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: ame of social,fraternal, organizations,etc. 1. [ ] current 'previous J SG c ."6 2. [ ] current [/rprevious dce 3, [ ] current previous 5r r d-4.'eAn. �U 4, [ ] current ` 41 previous t,(, Loco Ao s {V rS PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards, committees,or commissions which you serve have served. 1. CA v LS rti r1)1k , 1. [ ] current j"prevevious fearw`-' 2. [ ] current Xprevious 3e .l--t'fz O. 'i5 t`e-_- 3. [ ] current [ ] previous 4. [ ] current [ ] previous 5. [ ] current [ ] previous REASONS for applying for this committee, c mmission, board: ol(,.t..L,4-.0-15 /1P'f 'r l t-'�Q Lf}-t1 ' l. N r4.J ko o 00 i(-e. `1 6 llcc.t1 i - U r. Sy; i eLSjD w iS5b ' . By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subj et to ' su• pursuant to chapter 42.56 RCW. 7 Date S nod Signature g [[[[[ sviL4fLotA Y- "y-- I '5` C7 ko Ho-fell NAc-f -el A5 5 C7GC C1[. -[,C7Ch July 1 , 2020 To Whom it May Concern: It is recommended by the Spokane Hotel Motel Association that Andy Rooney be considered for appointment as a Spokane Hotel and Motel Commissioner representing the City of Spokane Valley for a term of 3 years. Andy has been a pillar of the Spokane Valley Hospitality Community for over twenty years and has been the General Manager of the Mirabeau Park Hotel and Convention Center since 2015. He is well versed in how the Tourism Promotion Assessment works and will represent the Spokane Valley well. The Spokane Hotel and Motel Commission advises the Board of County Commissioners of Spokane County on the expenditure of Special Assessment revenues by the Spokane County Tourism Promotion Area to fund tourism promotion in Spokane County u I L .J By: Date: 10-25-21 Representing the Spokane Hotel Motel Association Its: Executive Director 18926 E Euclid Ave, Spokane Valley, WA 99027 thansenshma@msn.com 509-869-0619 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 18, 2022 Department Director Approval: ❑ Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Mayoral Appointment: Citizen Appointment to the Eastern Washington Area Agency on Aging, Planning and Management Council. GOVERNING LEGISLATION: Amendment No. 3 to the Interlocal Government Agreement to Create the Eastern Washington Area Agency on Aging, to include the City of Spokane Valley as a party to the Interlocal. PREVIOUS COUNCIL ACTION TAKEN: • 2018, 07-17: Admin Report from Mr. Calhoun, and Area Agency on Aging representatives Lynn Kimball and Art Swannack • 2018, 08-14: Admin Report from Mr. Calhoun on our Council participating on the Area Agency Board • 2018, 09-11: Admin Report from Mr. Calhoun and consensus of Council to move forward to have a Councilmember as a member of the Area Agency on Aging Board • 2018, 12-11: Council passed the motion to approve Amendment No. 3 to the Interlocal • 2019, 01-08: Mayoral Appointment: Council confirmed the appointment of Mayor Higgins to the Eastern Washington Area Agency on Aging for calendar year 2019, 2020, and 2021 • 2019, 02-26: Council approved the appointment of Jean Kindem for a term ending December 31, 2021 BACKGROUND: Amendment No 3 to the Interlocal Government Agreement to Create the Eastern Washington Area Agency on Aging, which was approved by Council 12/12/18, amended the agreement by including the City of Spokane Valley as a party to the Interlocal. It also included having one Governing Board representative appointed by the City of Spokane Valley City Council, with Mayor Higgins confirmed as that representative for years 2019, 2020, and 2021. Part of the Interlocal sets out the Board's Planning and Management Council, which shall be composed of no less than twenty-seven and no more than thirty-five members, and our City is allocated one representative to that Council. The Agency recommended as our representative, Ms. Jean Kindem who is currently on that Council, and who lives in Spokane Valley. (See attached application.) A notice was placed on our website, and in the Spokesman Review and in the Exchange, indicating the deadline to apply was November 29, 2021. The only application received was from Ms. Jean Kindem. OPTIONS: Confirm, or not, the Mayoral re-appointment of Jean Kindem. RECOMMENDED ACTION OR MOTION: Move to confirm the re-appointment of Ms. Jean Kindem to the Eastern Washington Area Agency on Aging Planning and Management Council as Spokane Valley's representative, for a term of three years beginning with this appointment, and ending December 31, 2024. BUDGET/FINANCIAL IMPACTS: None for this action. STAFF/COUNCIL CONTACT: City Clerk Bainbridge/Mayor Haley ATTACHMENTS: Application from Jean Kindem Application Form for Committees/Boards/Commissions Pam. Ukane Return completed form to City Clerk: ® Spokane Valley City Hall 10210 East Sprague Avenue Spokane Valley,WA 99206 Phone: 509.720.5102 ebainbridge@spokanevalley.org [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an original, signed application prior to appointment. One application per position please.DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box; note requirements] [ ] Planning Commission—Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Councilmember: appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent . [ ] Spokane County Housing and Community Development Advisory Committee(HCDAC) HCDAC includes two Spokane Valley residents; terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force —Terms are for four years.Must be a resident of Spokane Valley. The Board currently meets 2"d Tuesday of each month,3:30 to 5:00 at Catholic Charities,12 E 5t1t Spokane. [ ] Spokane Housing Authority(HA)—regional committee,five members. Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ ] Other: Cr 7l6Yy �'�1 ,�� r` i� cam. Gal/ (;c L.7 Name (please print): .j E +v H 7S�tii /:t ry Complete residence address: 6 4/6 Street City Zip Code Complete mailing address (if different from above address): Length of time residing at current address: 3 } U.S. Citizen? [ es [ ]no WA State registered voter? [✓yes [ ]no What is your preferred way for us to contact you: [Note:If you have an unlisted phone number, or do not wish your e- mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [ ]Home Phone:.5 [ ] Work phone: [ ] Cell Phone: .54-AtE [ ] Other message phone:. [ ]E-mail address: (please print clearly): •f-e riei,), e. ae) [ ]Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. [ ]present [(1-previous Name of employer: U'V2 t t Wsr-,a 4 71/ t"n va"/"ea/sf r POI"77 7-,�,-z-ee a Address: Phone: .P'88 7.0 - 0 Position held: >7&rie .,(`,Q' , . Dates of employment: /7?' — o 2. [ ] present [ ] previous Name of employer: Po is Ps.J r 1J To i s/2, L[/g e r,l) S/i ac r y e- o12, Address: 5 P2/46 u n,v ra 5 r+€1214, i — R!o I o-rl 'krone: a' x' -9/0-r- Position held: C' o uh.,c,, C o-r Dates of employment: I Goo - /9(9 3. [ ]present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: 4. [ ]present [ ]previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION: Name of high school ' ' 'c Address: -3-.4/ 4Ae SPo.er9-4, Diploma or GED: [vi es [ ] no Trade school/college/university: Name of Scho 1 (,I_n H, Ni"rso j/9- Address: h/n1N��Pe�r Diploma: [ yes [ ] no Degree or certification earned: G A- 6 a,S. /di" ve (70.4 c Trade school/college/university: Name of School CEO-raL,y/. tL of e irs/fy Address: !LL fNrei�„c��• , Gila Diploma: [ ] yes [ vino Degree or certification earned: e's' .rs lea ft Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social, fraternal, organizations, etc. 1. [/Current [ ] previous A !/Np 4.a NG "rf fr, a/4.-2! (4r_le f c,v� 2. [(current [ ] previous S'r g TI CGLf'ye./L a,J .te a/,vs 3. [vcurrent [ ] previous STATE 5uc ii/L- i6"gc.fa7/4AI ea/srsv'/ 77<'F' 4. ['I current [ ] previous -4-&e /Y r f.7,s 6.4 414e.c6/09 V PROFESSIONAL ORGANIZATIONS. Local,state, or national government boards, committees, or commissions on which you serve or have served. 1. [ ] current [ ]previous C/i- i,e/7 fit, © j r S'Pprc,riir-g 71e 6-4>M 6-Air ,0 bee fey oe rcy. 2. [ ] current [ ] previous - 1.421 3. [ ] current [ ] previous 6' 4. [ ] current ent [ ] previous 5. [ ] current [ ] previous REASONS for applying for this committee, commission, board: 62.50e. cucz° ,,zc o�,S.o�.�r�,.-"e-1-z e L a • - e pOl� t! , By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this a rc tion is subject to disclosure pursuant to chapter 42.56 RCW. 44,4 Si ture Date Signed CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 18, 2022 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: Confirmation of Mayoral Appointments of Councilmembers to Boards and Committees GOVERNING LEGISLATION: Various ordinances,resolutions, and state statutes. PREVIOUS COUNCIL ACTION TAKEN: Annually, the Mayor makes appointment recommendations to place Councilmembers on various regional boards and committees. The following committee has a representative recently appointed: 1. HCDAC (Housing& Community Development Advisory Committee): Arne Woodard:re-appointed January 4,2022 for a three-year term. The following are the Mayor's recommendations for each Councilmember's committee assignments: 1. Aging&Long Term Care of Eastern Washington (1 representative,plus one alternate if desired): Rod Higgins; Arne Woodard as alternate 2. Valley Chamber of Commerce Board(1 representative): Laura Padden 3. Clean Air Agency, Spokane Regional (1 representative,4-year term; plus one alternate if desired): Rod Higgins; Arne Woodard as alternate 4. Continuum of Care for the Homeless, Spokane County (1 representative for one year term): Arne Woodard; Brandi Peetz as alternate 5. Finance Committee, Spokane Valley(3 councilmembers): Lauda Padden,Arne Woodard,Brandi Peetz 6. GMA (Growth Mgmt Steering Committee of Elected Officials)(2 councilmembers): Rod Higgins,Arne Woodard 7. Governance Manual Committee (2 or 3 councilmembers): Rod Higgins,Pam Haley,Brandi Peetz 8. GSI: must be the Mayor: Pam Haley 9. Lodging Tax Advisory Committee (one representative): Rod Higgins 10.Mayors' Association of Northeast Washington(must be the Mayor): Pam Haley 11. Spokane Regional Law and Justice Council: representation shared with Spokane City to rotate every two years;we took first year Oct 13, 2021 to October 12,2023. Laura Padden 12. SRTC, Spokane Regional Transportation Council(2 rep,plus one alternate if desired): Pam Haley,Rod Higgins; and Arne Woodard as alternate 13. STA, Spokane Transit Authority (2 representatives and an alternate if desired): Pam Haley, Tim Hattenburg; and Brandi as alternate 14. Hotel/Motel Association (TPA)(one representative): Arne Woodard 15. Visit Spokane (one representative and an alternate if desired): Ben Wick; Brandi Peetz as alternate 16. Wastewater Policy Advisory Board(2 representatives): Arne Woodard,Rod Higgins OPTIONS: Move to confirm the Mayoral appointments of Councilmembers to the committees and boards as modified or listed above. RECOMMENDED ACTION OR MOTION: I move to confirm the Mayoral appointments of Councilmembers to the committees and boards as listed on the January 18,2022 Request for Council Action form. BUDGET/FINANCIAL IMPACTS: n/a STAFF/COUNCIL CONTACT: Chris Bainbridge/Mayor Haley DESCRIPTION of COMMITTEES: 1.Aging &Long Term Care of Eastern Washington—Governing Board We began participating on this agency's board in 2019.The purpose of this agency is to improve the quality of life of older people in need of long term services and support through the development and the fostering of the development of comprehensive & coordinated service systems in order to secure & maintain maximum independence and dignity in a home environment for older people;remove individual and social barriers to economic and personal independence for older people;to speak&work in behalf of older people; to seek the support of and join with other agencies and organizations when appropriate. Our representation: One Councilmember and one alternate if desired. Term length up to the jurisdiction making appointment. 2. Chamber of Commerce Board, Greater Spokane Valley The Chamber is a nonprofit 501(c)(6)organization;it serves businesses&organizations;they are committed to fostering relationships between members and the community to improve the economic climate and quality of life in Eastern Spokane County.Annual meeting held November and other meetings throughout the year. Term usually Sept 1 to Aug 31,but they are OK with us having an annual appointment.We are permitted 1, ex-officio non-voting member. 3. Clean Air Agency, Spokane Regional Some functions include coordinating activities with others in the community to carry out comprehensive policies for air pollution control; establish policies to achieve the board's mission. Delegates serve 4 years (or run with council term).We have one representative plus one alternate if desired. 4. Continuum of Care for the Homeless, Spokane City/County In May of 2018,we were asked to participate.This is a regional planning body that coordinates housing and services funding for homeless families and individuals. Their mission is to prevent and ultimately end homelessness in our area by fostering shared responsibility among stakeholders. The Board representation consists of 21 members, with one representative from the City of Spokane Valley. The Board is guided by HUD and the United States Interagency Council on Homelessness national goals in ending homelessness. Board meetings are generally held the last Wednesday from 3:30 to 5:00 at the Goodwill on Second Avenue. We have one representative for a one-year term. 5.Finance Committee, Spokane Valley See Spokane Valley Municipal Code 2.50.120(a) and(b): "The responsibility and authority for developing, adopting, modifying and monitoring the travel policies and procedures for reimbursement of expenses incurred while on official business of the COSV,is delegated to the finance committee." The City Manager may also request meetings to discuss matters of financial interest with the Finance Committee. Finance Committee also has authority to approve certain change orders on short notice. Usually 3 councilmembers. 6. Growth Management Steering Committee of Elected Officials Operates under the GMA Joint Planning Interlocal Agreement; responsibility is to specify standards for defining urban growth areas,minimum levels of service for UGA,distribution of future growth,negotiating UGA designations,and making recommendations regarding UGAs to the Board of County Commissioners. Meets the 3'Wed of each month, 10 a.m. Spokane Transit Authority Board Room. One-year term subject to reappointment.No need for an official appointment of an alternate; a councilmember can go in place of one of the 2 appointed if one of them cannot attend—the alt just needs to identify themselves as an alternate at the meeting 7. Governance Manual, Spokane Valley Works toward reviewing,refining,clarifying,or changing Council policies and procedures,to bring forward to full Council for further discussion/consideration. 8. GSI(Greater Spokane,Inc.) The greater Spokane region's business development organization, focused on leading transformative business& community initiatives to build a robust regional economy. According to bylaws, delegate must be Mayor. 9.HCDAC (Housing& Community Dev.Advisory Committee) Authority: Spokane Co Housing & Comm Development Advisory Committee By-Laws. Purpose: provide citizen representatives of Spokane County the opportunity to participate in, comment on, and review all funding proposals for the HCDAC Division.Regular meetings 2nd Thurs of the month,4-5 p.m. Community Service Bldg. Term Period: 3 years. Appointment Process: after our usual appointment process, Mayor writes to BoCC requesting confirmation of appointment. 10.Lodging Tax Advisory Committee,Spokane Valley Committee consists of 5 members: Two members who represent businesses required to collect tax, two members involved in funded activities, and one councilmember to act as chair. Committee usually meets once or twice a year,generally in the fall. 11.Mayors Association of NE Washington —representative is Mayor 12. Spokane Regional Law and Justice Council (SRLJC) On June 29,2021,the Board of Commissioners adopted Resolution 21-0458,which changed the structure,member composition, and duties of the SRLJC. An important element in those changes was to combine all city/town representation into one position,to be assigned a two-year term. As such, Spokane Valley, Spokane, and all of the smaller jurisdictions will share one position. Spokane City and Spokane Valley were the only attendees, and they agreed to alternate providing a representative every two years, with Spokane offering for Spokane Valley to take the first term. Our first term runs from Oct 13,2021 through October 12,2023. 13. SRTC (Spokane Regional Transportation Council) The SRTC is the lead agency for transportation planning services for the area covered by Spokane County. The agency has several roles: at the federal level,SRTC is designated a Metropolitan Planning Organization (MPO),while it is designated a Regional Transportation Planning Organization(RTPO)by state law.MPOs and RTPOs serve the same basic planning functions. They meets monthly,2nd Thursday at 1 pm,downtown Spokane.Per interlocal agreement,term is 3 years or the tenure of the elected office,whichever is the lesser time,subject to reappointment.We are permitted one position,and an alternate is also permissible. 14. STA(Spokane Transit Authority) STA is overseen by a regional board that provides the policy and legislative direction for Spokane Transit and its administrators,and approves it actions,budgets and long-term plans.It also has the authority to levy taxes as authorized by state law with voter approval. The Board is composed of 9 voting elected officials; one year term subject to reappointment. Board meets 3rd Thursday of the month from 1:30 to 3:30 in the STA Boardroom on Boone Avenue.We are allowed two delegates plus one alternate. 15. TPA(Tourism Promotion Area)—Hotel/Motel The TPA was created as a mechanism to provide targeted funding to help Spokane County compete with other cities to gain overnight visitors. The purpose of the TPA is to grow our tourism economy through increased visitor spending. We have one representative. 16.Visit Spokane Visit Spokane is organized to market the Spokane region as a preferred destination for all visitors; to strengthen, support and develop the destination brand; to coordinate the use of community funds and resources; to provide services that will include, but not be limited to the sale of conventions; to promote leisure travel to the region, and serve as facilitator and convener for the tourism industry on matters that impact the marketability of the region. We are allotted one representative,with a one-year term, subject to reappointment. 17.Wastewater Policy Advisory Board The City and County recognize the regional nature of the challenges related to wastewater management,and the necessity of a regional solution. The entities declare their combined support of the planning, financing, construction, managing and operation of the System, as defined within the Interlocal agreement. We are allotted 2 Spokane Valley Elected Representatives who shall have a 4 year term or until any such elected official ceases to be an elected official.This Board generally only meets once or twice a year. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 18, 2022 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: Barker Road/BSNF Grade Separation Project (Barker Road GSP), Change Order Authorization GOVERNING LEGISLATION: • RCW 35.77.010, Perpetual Advanced Six-Year plans for coordinated transportation program expenditures. • SVMC 3.35.010, Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • May 7, 2013 —Administrative Report, Bridging the Valley; • June 23, 2015 — Passed Resolution No. 15-005 adopting the 2016-2021 Six Year Transportation Improvement Program (TIP), which included both the Barker Road and the Pines Road Grade Separation Projects (GSP); • April 5, 2016— Passed motion to obligate federal earmark funds for the design of the GSP; • November 8, 2016 — (Special 5 pm Meeting) Information Report on the status of the Barker GSP; • November 15, 2016 —Administrative Report on the Barker GSP status; • November 22, 2016 — Informational Report; • December 6, 2016 —Administrative Report; • December 20, 2016 —Administrative Report; • January 10, 2017— Motion failed to contract with David Evans and Associates (DEA) for project design services; • February 21, 2017—Administrative Report; • February 28, 2017 — Passed Resolution 17-006, amending the 2017 TIP; • May 23, 2017— Passed Resolution No. 17-011 adopting the 2018-2023 Six-Year TIP, which included the Grade Separation Project; • August 22, 2017 — Passed motion to enter into contract with DEA for the project's Phase 1 (Initial Contract); • October 24, 2017—Administrative Report to discuss alternatives; • January 30, 2018 —Administrative Report to discuss alternatives with Council consensus to move the project forward with Alternative 5; • March 2, 2018 —Administrative Report to discuss alternatives; • March 13, 2018 —Administrative Report to discuss history and alternatives; • March 16, 2018 —Administrative Report for Council and Chamber of Commerce; • March 27, 2018 — Passed motion to select preferred alternative for advancing project; • April 10, 2018 — Passed motion to execute supplemental agreement with DEA for the project's Phase 2 design (DEA Contract Supplement #3); • December 4, 2018 —Administrative Report to discuss project status; • September 10, 2019 —Adoption of Ordinance 19-012 authorizing use of condemnation for property acquisition with regards to three property owners; • November 12, 2019 —Adoption of Ordinance 19-020 authorizing use of condemnation for property acquisition with regard to a fourth property owner; • January 14, 2020 — Passed motion to execute supplemental agreement with DEA; • January 21, 2020 — Passed motion to acquire two properties for the project; Page 1 of 3 • March 31, 2020 — Passed motion to execute agreement with Avista Corporation; • May 12, 2020— Passed motion to execute BSNF Overpass Agreement; • June 30, 2020— Passed motion to execute an Interlocal Agreement with WSDOT for Project Construction and Construction Administration; and, • February 2, 2021 —Administrative Report on bid award. • May 4, 2021 — passed motion to amend Avista Corporation agreement BACKGROUND: Over the past three years, the City has been working with David Evans & Associates (Consultant) to develop and bring to fruition, the Barker Road/BNSF Railroad Grade Separation Project. In the first phase of the project, which began in 2017, the Consultant analyzed and compared six alternatives in terms of cost, right-of-way (ROW) needs, impacts to existing properties, constructability, safety, and other pertinent project elements, so the City could select the preferred alternative. In the second phase of the project, which began in 2018, the Consultant developed final design and construction documents for the project. The City and WSDOT recognized the benefits for WSDOT managing the construction and construction contract administration for the project. On June 30, 2020, Council passed a motion to execute the Interlocal Agreement between WSDOT and the City. The following are significant items contained within the Agreement as the project moves forward: • WSDOT is the lead agency in contracting and administering the Construction Contract. • WSDOT can issue change orders of $100,000 or less without the City's approval when cumulative change orders are less than $350,000. • Any Change Orders in excess of$100,000 require City review and approval. • The City will be part of WSDOT's Final Inspection and Project Acceptance procedures. • The City will have the sole discretion to issue a Letter of Acceptance to WSDOT at the final project closeout. Acceptance will not be given by the City until it is fully satisfied with the project. • The City will reimburse WSDOT for all costs associated with project construction and construction administration. WSDOT advertised the project on November 23, 2020, and awarded the project on January 28, 2021, to Max J. Kuney Company in the amount of $11,637,134.00. Construction started on March 8, 2021, and currently is suspended for the winter. The contractor has completed the road improvements on Trent Ave. (SR 290), including the roundabout. East and westbound traffic on Trent Ave. is now in its final configuration. The south leg (Barker Rd) of the roundabout will be open when the bridge over the BNSF railroad is completed. Construction will resume in the Spring of 2022. WSDOT has been coordinating with staff on all change orders with Max J. Kuney Company regardless of their amounts. To avoid project delays, staff seeks Council's authorization for the City Manager to approve change orders between WSDOT and Max J. Kuney Company when cumulative totals are less than 15 percent ($1,745,570.10) of the original Contract amount. This 15% authorization is consistent with SVMC 3.35.010(C). Staff will continue to work closely with WSDOT as they review and approve all change orders. OPTIONS: 1) Authorize the City Manager to approve WSDOT change orders with Max J. Kuney Company when cumulative totals are less than 15 percent of the original contract amount, or 2) Take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to approve WSDOT change orders with Max J. Kuney Company when cumulative totals are less than 15 percent of the original Contract amount. Page 2 of 3 BUDGET/FINANCIAL IMPACTS: To date, the City has secured funding in excess of $24,000,000 for the Barker Road/BNSF Grade Separation Project from seven sources. The construction change orders between WSDOT and Max J. Kuney Company will be funded from the project funds. STAFF CONTACT: Bill Helbig, PE, City Engineer Gloria Mantz, PE, Engineering Manager ATTACHMENTS: Chart of Executed and Anticipated Change Orders Page 3 of 3 Project Name: Barker Road/BNSF Grade Separation Project City Project No.: 0143 C"'ors WSDOT Construction Contract No.: GCB 3305 4000 Valley WSDOT Contractor: Max J. Kuney Company Potential Executed Change Order Change Order No. Description Costs Costs Remarks/Status CO #1 HMA Mix 1/2 Inch Revisions $ - No cost change order to substitute a different gradation mix of asphalt CO #2 Common Borrow Measurement Revision $ - No cost change order that revises the measurement method of Common Borrow (BI #18) Contract included the standard WSDOT specifications for Common Borrow (fill material). The contractor's material source met WSDOT specifications, but was rejected by BNSF and could not be used within the BNSF property portion of the CO #3 BNSF Material Requirements-Hatch Road Source $ 500,000.00 $ - project. Approximately 45,000 CY is needed within the BNSF property. The closest source allowed by BNSF, substantially increases the hauling operation (approx. 5 times longer duration). The material is also sandy material which changes the compaction efforts needed for the material. Extended overhead costs (5 days) to deal with removal of discovered buried CO #4 Remove Structure & Obstruction Overhead $ 18,500.00 $ - concrete and metal structures located on the acquired Highland Estates property. Structures were unknown. CO #5 Buy America PRV Valve $ - Change order not used/voided. Extended overhead cost (1 day) and exploratory work to determine the limits of the CO #6 Undocumented Fill Exploration & Overhead $ 5,650.00 $ - unsuitable buried material located on the acquired Cassell property. Material was buried by the previous property owner and was unknown. CO #7 Bid Item Quantity Revisions $ 1,000.00 $ - Additional concrete quantities for roundabout CO #8 Additional Stripe Removal $ 9,563.04 Work to remove additional existing pavement markings CO #9 Undocumented Fill Excavation Overhead $ 44,400.00 $ - Extended overhead cost (12 days) for the excavation work to remove the unsuitable material from the acquired Cassell property. MCO #10 Barker Special WZTC Sign $ 342.97 Sign changes needed for traffic control MCO #11 Additional Sign Removal $ 423.58 Sign changes needed for traffic control MCO #12 Added Class A Signs $ 1,676.00 $ - Sign changes needed for traffic control CO #13 Added Borrow & Embankment $ 150,000.00 Additional fill material and compaction needed to fill in the unsuitable material excavation on the acquired Cassell property. MCO #14 Relocate Utility Line $ 8,276.00 $ - Relocated CenturyLink fiber optic line that was in conflict with improvements. Line is within an existing easement and was not where original design locates showed. CO #15 DT Line HMA added Bid Item $ - No cost change order to substitute a different gradation mix of asphalt for the detour road. CO #16 Allowable Recycled Material $ - No cost change order to allow more recycled concrete materials to be used in the common borrow (except BNSF property). To maintain access to the existing CenturyLink vault using shoring until the vault CO #17 CenturyLink Shoring $ 24,555.00 $ - can be abandoned after the bridge is constructed. This allowed for the fill of the roundabout to continue while the bridge was delayed. CO #18 CMP Material Revision $ - $ (13,875.46) Credit for material substitution on drainage pipe. CO #19 Bollards Not Used $ (14,950.00) $ - Credit for using large rocks instead of bollards to protect Avista power poles along the detour road. CO #20 PRV Material Change $ 2,500.00 $ - Material costs for a change needed on the relocation of the water main pressure reducing vault.. CO #21 Girder Sweep Measurement $ 10,000.00 $ - Additional BNSF construction requirement on placing the bridge girders beyond the contract requirements. CO #22 Added Temp Paving $ 80,000.00 $ - Temporary shoulder paving needed to shift westbound traffic in order to construct final road improvements. Barker/BNSF Grade Separation Project 1/13/2022 WSDOT/Kuney Change Orders Page 1 of 2 Potential Executed Change Order Change Order No. Description Costs Costs Remarks/Status CO #23 Additional Blasting Charges $ 50,000.00 $ - Additional protection and change in method of rock blasting due to CenturyLink fiber optics being closer to the blasting area than original anticipated. The original design locates showed the fiber optics being further away than what was actual. CO #24 Revised Traffic Control $ 15,000.00 $ - Additional traffic control needed in order to open Trent and the roundabout to traffic in 2021. MCO #25 SE Line Surveying Error $ 1,000.00 $ - Additional surveying required due to plan error. MCO #26 Temporary Striping Long Duration (Minor Change) $ 9,139.80 Install temporary paint pavement markings instead of plastic in order to open Trent and the roundabout to traffic in 2021. CO #27 TESC Plan Approval Delay $ 4,378.00 $ - Standby costs associated with BNSF review period on the TESC plan. CO #28 DR1-1 Revisions $ - $ - Minor drainage changes, anticipate minor credit Premium (overtime) costs to have workers close eastbound Trent and complete the CO #29 Weekend Closure $ 60,000.00 $ - eastbound traffic switch over on a weekend. Work started at 10 pm Friday and continued straight through until 10 am Monday morning. This was to avoid several work days of traffic impacts to the public. CO #30 Roundabout Caution Signs $ 2,100.00 $ - Additional permanent truck warning signs at the roundabout requested by WSDOT Traffic. CO #31 Accelerated Work $ 7,000.00 $ - Premium (overtime) costs to have contractor work 10+ hour days in order to open Trent and the roundabout to traffic in 2021. MCO #32 CSBC/CSTC No Scale Check $ (16,190.00) $ - Credit for rock material due to not providing truck scale certification. MCO #33 DT Line Saw Cut $ 350.00 $ - Additional saw cutting needed for asphalt removals on the detour road. CO #34 Detour Signs $ 1,500.00 $ - Additional traffic control signs needed to detour traffic for the Trent Ave eastbound closure. CO #35 BI #147 Wire Fence $ (40,000.00) $ - Reduction in retaining wall fence quantities $ - $ - Additional Issues, Not Yet Assigned Change Orders BNSF Excavation Plan Review Delay-Standby Costs $ 110,000.00 $ - Standby costs due to BNSF's review period on the contractor's excavation plan submittal. BNSF Excavation Plan Review Delay-Overhead Costs $ 81,400.00 $ - Extended overhead costs (22 days) due to BNSF's review period on the contractor's excavation plan submittal. BNSF Column Plan Review-Additional Construction Costs $ 20,000.00 $ - Additional falsework construction required by BNSF beyond the contract requirements. BNSF Column Plan Review Delay-Overhead Costs $ 92,500.00 $ - Extended overhead costs (25 days) due to BNSF's review period on the contractor's column plan submittal. Wall #2-Inefficiencies $ 60,000.00 Contractor claiming impacts due to Avista placing their power poles closer to Wall #2 than planned. Additional Extended Overhead for Roundabout Acceleration $ 129,500.00 $ - Extended overhead costs (35 days) in order to open Trent and the roundabout to traffic in 2021. Extended Overhead for Earthwork Subcontractor $ 65,000.00 $ - Contractor claiming their subcontractor was also impacted by the same delays, and requesting the subs extended overhead costs for 100 days. $ 1,325,145.00 $ 155,593.93 10% Contingency $ 132,514.50 $ - $ 1,457,659.50 $ 155,593.93 Total Estimated Change Orders $ 1,613,253.43 Change Orders under negotiations with Contractor, engineer's estimated costs are shown. Executed Change Orders Change Order Sent to Contractor Barker/BNSF Grade Separation Project 1/13/2022 WSDOT/Kuney Change Orders Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 18, 2022 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-Amendments for Ecology's Final Approval of Shoreline Master Program (SMP) Development Regulations GOVERNING LEGISLATION: Shoreline Management Act (SMA) under RCW 90.58, Washington Administrative Code (WAC) 173-26-090, SVMC 21.50, 17.80.150 and 19.30.040. PREVIOUS COUNCIL ACTION TAKEN: December 9, 2014: Council approved Ordinance 14-020 which adopted the SMP, which was subsequently repealed and replaced December 15, 2015 by Ordinance 15- 024, (codified in our Municipal Code as SVMC 21.50) a comprehensive update to the SMP.April 28, 2020: Council concurred that staff apply for a Department of Ecology (Ecology) grant to complete the SMP periodic update. June 8, 2021, Council approved Ordinance 21-007 which adopted the required periodic update to the SMP, subject to Ecology approval. BACKGROUND: The SMP is the official document to guide development along the Spokane River and Shelly Lake. Finalized in 2015, the SMP includes goals and polices which are adopted by reference in the Comprehensive Plan. The implementing regulations related to shoreline development are in Chapter 21.50 of the Spokane Valley Municipal Code (SVMC). RCW 90.58.080(4) requires the City to periodically review and, if necessary, revise the SMP. On June 8, 2021, the City adopted Ordinance 21-007, amending the SMP consistent with the periodic review requirement. As provided by State law and Sections 4 and 6 of Ordinance No. 21-007, the amendments are subject to Ecology review and approval before they can become effective. On June 10,2021,consistent with WAC 173-26-110, the City submitted to Ecology for its review and formal action the SMP as adopted by Council. On January 3, 2022, Ecology submitted a letter to the City conditionally approving the SMP, subject to one required change. Ecology has identified that the construction of Accessory Dwelling Units (ADU)cannot be considered under the single-family residential exemption and thus the City is required to change the regulations to require ADUs to go through the Substantial Development Permit process. The City included the amendment to allow ADUs under the single-family residential exemption based on recommendations from the City's consultant, consideration of the City's adopted Housing Action Plan to increase affordable housing options, and for consistency with how ADUs are allowed in other areas of the City. Staff recommends that the City move forward with the recommendation from Ecology as identified in Attachment B of their conditional approval letter. BUDGET/FINANCIAL IMPACTS: None OPTIONS: Discussion and possible consensus. RECOMMENDED ACTION OR MOTION: Staff is requesting consensus to bring forward an ordinance on January 25, 2022 to adopt the changes requested by Ecology. STAFF CONTACT: Chaz Bates, AICP, Senior Planner ATTACHMENTS: Conditional Approval Letter from Ecology dated January 3, 2022, with attachments; Ordinance No. 21-007 1 of 1 4K��14s C1. I it; '11 ;, yl k yt 4:a STATE OF WASFIINGTON DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia, WA 98504-7600 •360-407-6000 711 For Washington Relay Service * Persons with a speech disability can call 877-833-6341 January 3, 2022 The Honorable Ben Wick City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley, WA 99206 Re: City of Spokane Valley Shoreline Master Program Periodic Review Amendment—Conditional Approval Dear Mayor Wick: I would like to take this opportunity to commend the City of Spokane Valley(City)for its efforts in developing the proposed Shoreline Master Program (SMP) amendment. It is obvious that a significant effort was invested in this periodic review and amendment. As we have discussed with your staff,the Washington State Department of Ecology (Ecology) considered the record and concluded that portions of the proposal were not consistent with applicable laws and rules.The findings and conclusions that support Ecology's decision are contained in Attachment A.The specific change identified as necessary to make the proposal approvable are detailed in Attachment B. Pursuant to RCW 90.58.090(2)(e), at this point,the City may: • Agree to the proposed changes as shown in Attachment B, or • Submit an alternative proposal. Ecology will then review the alternative submitted for consistency with the purpose and intent of the change originally developed by Ecology and with the Shoreline Management Act. Final Ecology approval will occur when the City and Ecology agree on language that meets statutory and guideline requirements. Please provide your written response within 30 days. Your response can be sent to me at laura.watson@ecy.wa.gov. We look forward to concluding the SMP periodic review amendment process in the near future. If you have any questions or would like to discuss the change identified, please contact our regional planner, Lauren Bromley, at lauren.bromlev@ecv.wa.gov or(509) 220-7750. Yours truly, $� Laura Watson Director cc: Chaz Bates,Senior Planner, City of Spokane Valley Sara Hunt, Regional Section Manager, Ecology Lauren Bromley Shoreline Planner, Ecology ATTACHMENT A: FINDINGS AND CONCLUSIONS CITY OF SPOKANE VALLEY SHORELINE MASTER PROGRAM PERIODIC REVIEW AMENDMENT SMP Submittal accepted.June 10, 2021, Resolution No. 21-007 Prepared by Department of Ecology on December 7, 2021 Use of this Document Ecology's Findings and Conclusions(presented herein Attachment A), including references to Required Changes (Attachment B), provide the factual basis for the Department of Ecology's (Ecology) decision on the City of Spokane Valley's (City) proposed amendment to their Shoreline Master Program (SMP) as a result of their SMP periodic review.This document is divided into three sections: Findings of Fact, which provides findings related to the City's proposed amendment,amendment history, and the review process, Conclusions of Law,and Ecology's Decision and Effective Date of the amendment. Attachment B outlines Ecology's identified required change to the SMP amendment. FINDINGS OF FACT Brief Description of Proposed Amendment The City of Spokane Valley is undergoing a statutorily required periodic review of their SMP and has submitted an amendment to Ecology for review and approval. The City opted to use the standard review process in WAC 173-26-100 for this periodic review and associated amendment. Need for amendment The comprehensive update to the City's SMP went into effect in September 2015. The proposed amendment is needed to comply with the statutory deadline for a periodic review of the SMP pursuant to RCW 90.58.080(4).The amendment will bring the SMP into compliance with requirements of the Shoreline Management Act,or state rules that have been added or changed since the last SMP amendment,ensure the SMP remains consistent with amended comprehensive plans and regulations, and incorporate revisions deemed necessary to reflect changed circumstances, new information,for improved data. SMP provisions to be changed by the amendment as proposed The City prepared a checklist and an analysis documenting the proposed amendment. Spokane Valley's SMP is a standalone document containing goals and policies.SMP goals and policies are adopted by reference in the City's comprehensive plan. City regulations can be found in the Spokane Valley Municipal Code(SVMC) Chapter 21.50. The Official Shoreline Designation Map can also be viewed in the City's online mapping program tool1.The SMP regulates shoreline uses and development along segments of the Spokane River and Shelly Lake. 1 https://www.spokanevalley.org/content/6836/6896/7074/default.aspx Attachment A: Findings and Conclusions Spokane Valley SMP Periodic Review Amendment The following SMP sections are proposed to be amended: Spokane Valley Municipal Code(SVMC)Chapter 21.50 Shoreline Regulations 21.50.020.0 Applicability Referenced the exceptions changes in this chapter to clarify this section on remedial actions. 21.50.050 Development Authorization Review Procedure Specific developments identified in WAC 173-27-044 and -045 are not required to obtain shoreline permits or local reviews. A new sub-section (B9)was added to this chapter to outline specific guidance on permit filing procedures consistent with the language from the 2011 statute. 21.50.110 Exemptions from Shoreline Substantial Development Permit Added clarifying language for filing an appeal with the Shorelines Hearings Board. New language was also added to reference the WAC 173-27-040 and RCW 90.58.030(3) to ensure that the SMP reflects the most current exemption language including the new text,which allows for retrofitting existing structures to comply with Americans with Disabilities Act. (A) Reference current cost threshold under SVMC 21.50.110.A. (G)Adjusted language to reflect the current cost threshold for freshwater docks, in addition to WAC 173-27-040 to ensure the SMP always reflects the most current exemption language. 21.50.200 Shoreline Modification Activities Table Change to Table 21.50-1:Shoreline Uses—the table was updated to reflect the change from "Accessory Dwelling Units—Permitted"to"Allowed". 21.50.520 Wetlands--Shoreline Critical Area Regulations Updated the chapter to reference the 2014 wetland rating system. 21.50.460&560 General/Frequently Flooded Areas Shoreline Critical Area Regulations-Applicability The SMP was updated to reflect the current GMA-SMA clarifications. Appendix A-1 Shoreline Master Program Definitions Added definitions such as "Development" and Non-Conforming Lot. Amendment History, Review Process Local SMP Amendment Process The City prepared a public participation program in accordance with WAC 173-26-090(3)(a)to inform, involve and encourage participation of interested persons and private entities,tribes, and applicable agencies having interests and responsibilities relating to shorelines.An important element of the public participation plan is the City's SMP Periodic Review project website2. The City hired the consulting firm Watershed Company to developed draft documents. The City used Ecology's Periodic Review checklist of legislative and rule amendments to review amendments to chapter 90.58 RCW and department guidelines,that have occurred since the master program was comprehensively updated,and determine if local amendments were needed to maintain compliance in accordance with WAC 173-26-090(3)(b)(i). The City also reviewed changes to the comprehensive plan and development regulations to determine if the shoreline master program policies https://www.spokanevaIley,org/SMP 2 Attachment A: Findings and Conclusions Spokane Valley SMP Periodic Review Amendment and regulations remain consistent with them in accordance with WAC 173-26-090(3)(b)(ii).The City considered whether to incorporate any amendments needed to reflect changed circumstances, new information,or improved data in accordance with WAC 173-26-090(3)(b)(iii). The City consulted with Ecology throughout the review process. The City opted to follow the standard adoption process in WAC 173-26-100.The record indicates that on February 12, 2021 the City issued a notice of the public hearing including a statement that the City was accepting comments for 30 days,from February 12th to March 12th. Notice of the hearing was published in the Spokane Exchange from February 16 thru February 24, 2021. Due to the COVID-19 pandemic,the City's public hearing was held by teleconference on March 11, 2021. The record indicates the City completed a SEPA checklist and issued a Determination of Non-Significance (DNS)for the proposed SMP amendment on February 12,2021. Ecology did not comment on the DNS. Department of Commerce was notified of the City's intent to adopt on March 24, 2021 with the 60-day notice period ending May 23, 2021. The City Planning Commission reviewed comments and deliberated on the proposed amendment during their March 25, 2021 meeting.After further deliberation, on May 13, 2021 the Planning Commission unanimously voted to adopt findings passing the amendment onto the City Council with a recommendation for adoption. With the passage of Ordinance No. 21-007 on June 8, 2021,the City Council adopted the SMP periodic review amendment and authorized staff to forward the proposed amendment to Ecology for formal review and approval. Ecology SMP Amendment Review and Approval Process After the City completed the SMP periodic review process and locally adopted the associated SNIP amendment,the City submitted the amendment and its adoption record to Ecology for final agency approval as outlined in WAC 173-26-110. The proposed SMP amendments were received by Ecology for state review and verified as complete on June 18, 2021. When the local government opts to use the standard process of WAC 173-26-100, Ecology must follow the procedures of WAC 173-26-120(2)to provide reasonable notice and opportunity for written comment. Notice of the state comment period was distributed via email to state and local (identified by the City) interested parties on July 15, 2021, The Spokane Tribe of Indians was individually notified and invited to comment. The state comment period began on July 26, 2021 and continued through August 26, 2021. Notice of the comment period, including a description of the proposed amendments and the authority under which the action is proposed along with the manner in which interested persons may obtain copies and present their views was provided on Ecology's website3 and as part of the written notice. Ecology received one (1) comment letter,from the Department of Archaeology& Historic Preservation (DAHP), expressing concerns with the Cultural Resources section and survey requirements in high-risk areas.The concern was that exempt projects, such as docks and bulkheads, will not require surveys, but 3 https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/State- approved-Shorel ine-Master-Programs/Spokane-Valley 3 Attachment A: Findings and Conclusions Spokane Valley SMP Periodic Review Amendment can involve a significant amount of ground disturbance. Since archaeological sites tend to cluster along riverbanks (high-risk areas),even small projects can impact resources. DAHP requested a language change to require landowners to adhere to an inadvertent discovery plan even on exempt projects.The City was sent this comment letter and the summary response matrix. In response,the City noted that it utilizes the exemption list in Spokane Valley Municipal Code (SVMC) 21.50.110,which matches the exemption list in WAC 173-27-040(2). Projects that are exempt from the Shoreline Substantial Development Permit process must still comply with all the provisions of the SMP, including the Cultural Resource provisions,which include inadvertent discovery. All exempt projects require a Letter of Exemption in accordance with SVMC 21.50.120.A Letter of Exemption may include and contain conditions of approval to achieve consistency and compliance with the provisions of the SMP and the SMA, including compliance with 21.50.280. The use of exemption letter for each project provides an additional layer of process to ensure that highly sensitive areas are monitored during the life of each project. Ecology finds that the SMP already has the provisions necessary to address this concern. No additional modification are needed. Consistency Review Consistency with Chapter 90.58 RCW The proposed amendment has been reviewed for consistency with the policy of RCW 90.58.020 and the approval criteria of RCW 90.58.090(3), (4), and (5). The City has also provided evidence of its compliance with SMA procedural requirements for amending their SMP contained in RCW 90.58.090(1) and (2). Consistency with applicable guidelines(Chapter 173-26 WAC, Partin) The proposed amendment has been reviewed for compliance with the requirements of the applicable Shoreline Master Program Guidelines (WAC 173-26-171 through 251 and 173-26-020 definitions). This included a review of the SMP Periodic Review Checklist,which was completed by the City. Consistency with SEPA Requirements The City submitted evidence of SEPA compliance in the form of a SEPA checklist and issued a Determination of Non-Significance (DNS) on February 12,2021,for the proposed SMP amendments. Other Studies or Analyses supporting the SMP amendment Ecology also reviewed documents prepared by or for the City in support of the SMP amendments.These documents include the public participation plan,the periodic review checklist,and staff reports. Summary of Issues Identified by Ecology as Relevant to Its Decisions Ecology is required to review all SMPs to ensure consistency with the Shoreline Management Act(SMA) and implementing rules including WAC 173-26,State Master Program Approval/Amendment Procedures and Master Program Guidelines. WAC 173-26-186(11) specifies that Ecology"shall insure that the state's interest in shorelines is protected, including compliance with the policy and provisions of RCW 90.58.020." Based on review of the proposed amendments to the SMP for consistency with applicable SMP Guidelines requirements and the Shoreline Management Act,and consideration of supporting materials in the record submitted by the City,the following issues remain relevant to Ecology's final decision on the proposed amendments to the City's SMP,with Findings specific to each issue identifying amendments needed for compliance with the SMA and applicable guidelines: 4 Attachment A: Findings and Conclusions Spokane Valley SMP Periodic Review Amendment Accessory Dwelling Units Under Shoreline uses in Table 21.50-1:Shoreline Uses—Accessory Dwelling Units (ADUs) were changed from Permitted(P)to Allowed(A) under all four upland shoreline environment designations. The change indicates that ADUs would be exempt from the Shoreline Substantial Development Permit (SDP) process and would not require submittal of an SDP or Letter of Exemption application. The City also proposes to delete SVMC Section 21.50.370.B.6.c which explicitly requires that new attached or detached ADUs shall obtain an SDP.The City's rational for these changes was that the City's Housing Element under the 2017 Comprehensive Plan encourages ADUs as affordable housing options and they believed that requiring an SDP was creating a disincentive for ADU applications. To be eligible for an exemption from the SDP process a project must meet one of the allowances of WAC 173-27-040,which requires that exemptions from the substantial development permit process be construed narrowly based on the purpose, intent,and policies of the SMA. An additional or accessory dwelling unit is designed to be a separate or additional living unit that can be occupied separately and independent of the original single-family residence.There is no allowance in statue or rule that exempts a secondary dwelling on a parcel from the SDP process. As an additional dwelling unit designed to accommodate additional or separate families,this type of development and use can be authorized but it does not meet the narrowly construed terms and criteria for single-family residential development as provided in WAC 173-27-040(2)(g). ADU's can be encouraged as an allowed use providing for higher capacity in-fill development that may reduce harmful sprawl over time. However,the construction of a new structure to house an ADU meets the definition of development,and cannot be considered under the single-family residential exemption, and therefore should be processed as an SDP. Finding: Ecology finds that the single-family residential development allowance under WAC 173-27- 040(2)(g) does not include ADUs. Ecology further finds that the proposed changes to Table 21.50-1 and 21.50.370.B.6 are inconsistent with the allowances of WAC 173-27-040(2)(g)for an exemption from the SDP process. Therefore, Ecology finds that we cannot approve the above identified amendments related to ADUs. [Attachment B, Item Req--1]. Consistent with WAC 173-26-120(3)(a)(iii)the State process for approving/amending shoreline master programs, Ecology must either approve the locally adopted draft SMP as submitted, recommend specific changes necessary to make the proposal consistent with the SMA or guidelines (WAC 173-26) or deny the proposal if no alteration of the proposal appears likely to be consistent with the SMA. Ecology considered the record and concluded that a portion of the proposal was not consistent with applicable laws and rules. We identified one (1) required change (Appendix B) associated with the permit path for single-family residential ADUs,which is necessary for consistency with WAC 173-27- 040(2)(g). CONCLUSIONS OF LAW After a review of the complete record submitted and all comments received, Ecology concludes that the City's proposed amendment,with incorporation of Ecology's required change as shown in Attachment B, can be considered consistent with the policy and standards of RCW 90.58.020 and RCW 90.58.090 and the applicable SMP guidelines (WAC 173-26-171 through 251 and .020 definitions). 5 Attachment A: Findings and Conclusions Spokane Valley SMP Periodic Review Amendment Ecology concludes that the proposed amendment,with the inclusion of required changes identified in Attachment B, satisfies the criteria for approval of amendments found in WAC 173-26-201(1)(c).This includes the conclusion that approval of the SMP amendment will not foster uncoordinated and piecemeal development of the state's shorelines (WAC 173-26-201(2)(c)(i)) and will assure no net loss of shoreline ecological functions will result from implementation of the amended master program (WAC 173-26-201(2)(c)(iv)and WAC 173-26-186(8)). Ecology concludes that those SMP segments relating to shorelines of statewide significance continue to provide for the optimum implementation of Shoreline Management Act policy(RCW 90.58.090(5). Ecology concludes that the City has complied with the requirements of RCW 90.58.100 regarding the SMP amendment process and contents. Ecology concludes that the City has complied with the requirements of RCW 90.58.130 and WAC 173-26- 090 and WAC 173-26-100 regarding public and agency involvement in the SMP review and amendment process, including conducting public hearings, notice, consultation with parties of interest, and solicitation of comments from tribes,government agencies,and Ecology. Ecology concludes that the City has complied with requirements of Chapter 43.21C RCW,the State Environmental Policy Act. Ecology concludes that the City SMP submittal to Ecology was complete pursuant to the requirements of WAC 173-26-090,WAC 173-26-100,and WAC 173-26-110. Ecology concludes that we have complied with the state's procedural requirements for review and approval of shoreline master program amendments as set forth in RCW 90.58.090, WAC 173-26-100, WAC 173-26-110, and WAC 173-26-120. Ecology concludes that with this action the City has completed the required process for periodic review in accordance with RCW 90.58.080(4)and applicable state guidelines (WAC 173-26). DECISION AND EFFECTIVE DATE Based on the preceding, Ecology has determined the proposed amendments will be consistent with the policy of the Shoreline Management Act and the applicable implementing rules, once the required changes set forth in Attachment B are accepted by the City. As provided in RCW 90.58.090(2)(e)(ii)the City may choose to submit additional alternatives to all or part of the changes required by Ecology. If Ecology determines that the alternative proposal is consistent with the purpose and intent of Ecology's original changes and with RCW 90,58,then the department shall approve the alternative proposal and that action shall be the final action on the amendment. Ecology approval of the proposed amendment,with required changes or approved alternative language, will be effective 14 days from Ecology's final action approving the amendment. Ecology's final action will be a letter verifying the receipt of written notice that the City has agreed to the required changes identified in Attachment B. 6 Attachment B — City of Spokane Valley— Ecology Required Changes The changes in red are required to comply with the SMA(RCW 90.58)and the SMP Guidelines(WAC 173-26,Part III): ITEM SMP TOPIC BILL FORMAT CHANGES RATIONALE PROVISION (Cite) Req-1 Article II. Accessory Table21.50-1:Shoreline Uses Required Change:Table 21.50-1:Shoreline Uses—Accessory Dwelling Units Shoreline Dwelling (ADUs)change back to Permitted rather than Allowed and reject the Regulations Units Residential Use proposed deletion of 21.50.370.8.6.c.Replace"A"with"P"in this table row. 21.50.190 (ADUs) Single-family A A A A In this table Single-family residential Shoreline Uses accessory uses and structures A A A A A=Allowed uses that are exempt from the Shoreline Substantial Table Multi-family P P P Development Permit(SDP)process and do not require submittal of an SDP Private docks serving one to four single-family residences WA P P P or Letter of exemption application. A A A A P=Permitted uses which are preferable and meet the policies of the particular shoreline environment designation,but still require submittal of an SDP or Letter of Exemption application. r , r u 3 b The Accessory Dwelling Units row must be modified to clarify that ADU's can ' e a v, be allowed and even encouraged in the shoreline,but they are not one of _ s- 0 3 the narrowly construed exemptions from the Shoreline Substantial s = .2 . m Q Development Permit(SDP)process outlined in WAC 173-27-040.An SH°REl1NE USES % = 7= .z additional or accessory dwelling unit is designed to be a separate or Accessory : ° R p P additional living unit that is occupied separately and independent of the original Single Family Residence.WAC 173-27-040 requires that exemptions from the substantial development permit process be construed narrowly based on the purpose,intent,and policies of the SMA.There is no allowance in statue or rule that exempts a secondary dwelling from the SDP process.As New an additional dwelling unit designed to accommodate additional or separate 21.50.370.6.6 attached 6.New attached or detached accessory dwelling units shall: families,this type of development can be authorized but it does not meet Residential or the narrowly construed terms and criteria for single-family residential a.Be located landward of the shoreline buffer and outside of ail critical development detached development as provided in WAC 173-27-040(2)(g).ADU development can areas and their buffers; and use ADUs be allowed as a type of in-fill that may reduce harmful sprawl over time. b.Be pursuant to SVMC 19.40.100 Accessory Dwelling Unit;and standards c.Obtain a Shoreline Substantial Development Permit. However,construction of a new ADU meets the definition of development, and cannot be considered under the single-family residential exemption, therefore should be processed as an SDP as indicated by the"P"in this table. CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 21-007 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON ADOPTING AMENDMENTS TO THE SHORELINE MASTER PROGRAM DEVELOPMENT REGULATIONS IN CHAPTER 21.50 SPOKANE VALLEY MUNICIPAL CODE,AND OTHER MATTERS RELATING THERETO. WHEREAS, the Shoreline Management Act(chapter 90.58 RCW) governs shorelines of the state and requires local governments to adopt shoreline programs in compliance with the Shoreline Management Act(SMA);and WHEREAS,RCW 90.58.080 requires local governments to develop or amend master programs for the regulation and uses of the shorelines of the state consistent with the guidelines adopted by the Washington State Department of Ecology (Ecology); and WHEREAS,the City of Spokane Valley(City)adopted a comprehensive shoreline master program (SMP)update pursuant to RCW 90.58.080(2),which was effective as of December 30,2015; and WHEREAS, RCW 90.58.080(4) requires the City to periodically review and, if necessary, revise its SMP on or before June 30, 2021; and WHEREAS,the review process is intended to bring the SMP into compliance with current changes in laws and rules that have been added or changed since the last SMP amendment; and WHEREAS, in 2020, the City hired the consultant firm The Watershed Company to conduct the periodic review pursuant to RCW 90.58.080(4). The entire review is paid with a grant from Ecology; and WHEREAS, the City developed a public participation program for the periodic review in accordance with WAC 173-26-090(3)(a) to inform, involve and encourage participation of interested persons and private entities,tribes, and applicable agencies having interests and responsibilities relating to shorelines; and WHEREAS, the City has followed the public participation program developed for the periodic update, including developing and maintaining a SMP website that identified key dates and documents for review, email notifications to interested parties and stakeholder distribution lists, media releases including all the City's social media platforms, and on-hold messaging at various stages in the process; and WHEREAS, the City used Ecology's checklist of legislative and rule amendments to review amendments to chapter 90.58 RCW and department guidelines that have occurred since the SMP was adopted in 2015,and determine if local amendments are needed to maintain compliance in accordance with WAC 173-26-090(3)(b)(i); and WHEREAS,the City reviewed changes to the comprehensive plan and development regulations to determine if the SMP policies and regulations remain consistent with them in accordance with WAC 173- 26-090(3)(b)(ii); and WHEREAS,the City considered whether to incorporate any amendments needed to reflect changed circumstances, new information or improved data in accordance with WAC 173-26-090(3)(b)(iii); and. Ordinance 21-007 Page 1 of 4 WHEREAS, on February 12, 2021, the City issued a notice of the public hearing stating that the City was accepting public comments for 30 days. The City also published all draft documents on the SMP project webpage and notified the public of their availability; and WHEREAS, a State Environmental Policy Act(SEPA) environmental checklist was prepared and the City's SEPA responsible official issued and circulated a copy of the checklist and a Determination of Non-Significance(DNS) on February 12,2021; and WHEREAS, the City provided Notice of Intent to Adopt to the Washington State Department of Commerce in accordance with WAC 173-26-100(5); and WHEREAS, the City Solicited comments on the draft proposal from Ecology prior to local approval; and WHEREAS,on February 25,2021,an overview of the proposed SMP amendments and a summary of the adoption process was provided to the Planning Commission; and WHEREAS, on March 11, 2021, the Planning Commission conducted a public hearing for the purpose of taking public testimony on the proposed amendments; and WHEREAS, after the public hearing on March 11, 2021, the public hearing was closed, except to allow written comments to be submitted by close of business on Friday, March I2, 2021; and WHEREAS, on March 25, 2021, the Planning Commission reviewed all public comments and deliberated on the proposed SMP amendments; and WHEREAS, on May 13, 2021, after deliberations, the Planning Commission unanimously voted to adopt the findings recommending to the City Council to adopt the proposed amendments to the SMP; and WI-IEREAS, this completes the City's required process for periodic review in accordance with RCW 90.58.080(4) and applicable state guidelines(WAC 173-26). NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows: Section 1. Review and Evaluation. The City hereby finds that the review and evaluation required by RCW 90.58.080(4) have occurred, as described in the recitals above, which are incorporated herein by reference as set forth in Section 2. Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed updates to the SMP and recommended approval of the revised SMP. The City Council has read and considered the Planning Commission's findings. The City Council adopts the foregoing recitals as findings for this Ordinance, which are incorporated by reference as if set forth in full, and also makes the following conclusions: Conclusions: A. The Council finds compliance with SVMC 17.80.150(F) for the SMP. The SMP is consistent with the goals and policies of the Spokane Valley Comprehensive Plan,and will promote the public Ordinance 21-007 Page 2 of 4 health, safety, welfare, and protection of the environment. Specifically the Council concludes the following: 1. The draft SMP amendments are consistent with the following policy and goal of the Spokane Valley Comprehensive Plan: 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. NR-G3 Ensure that Critical Areas and Shoreline Master Program regulations are based on best available science and are consistent with required environmental policy. 2, The draft SMP amendments bear a substantial relation to public health,safety,welfare, and protection of the environment. The proposed amendments to the SMP were identified after a review of changes to laws and rules. The proposed amendments implement changes to local and state laws and rules including best available science for wetlands and fish and wildlife habitat conservation areas. The proposed amendments maintain the vision and goals adopted in the SMP and Comprehensive Plan. 3. The draft SMP amendments are in compliance with RCW 90.58, WAC 173-26, and the Washington State Shoreline Management Planning Guidelines. B. The Council finds that adequate public noticing was given to offer the public participation opportunities consistent with the adopted SMP Public Engagement Plan. C. The proposed updates to the SMP are necessary to maintain consistency with changes to local and state laws and rules. The proposed text amendments fulfill the City's obligations under state law to review and revise the SMP. Section 3. Amendment of Shoreline Master Program, The City's existing development regulations for the SMP, set forth in chapter 21.50 SVMC and Appendix A-1, are hereby amended as set forth in Exhibit 1, attached hereto and fully incorporated herein. The remaining portions of the chapter 21.50 SVMC and Appendix A-1 shall remain unchanged. Section 4. Submission to Department of Ecology. The City Manager or designee is directed to submit the revised SMP and associated documents to the Department of Ecology for review and approval prior to formal adoption. Once approved by the Department of Ecology, no further action is necessary for compliance with RCW 90.58.080(4)for the periodic review update due on June 30, 2021. Section 5. Severabilbi If any section, sentence, clause of phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence, clause,or phrase of this Ordinance. Section 6. Effective Date. Except as otherwise provided in this Section,this Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. The amendments to chapter 21.50 SVMC and Appendix A-1 shall not be effective until 14 days after the Department of Ecology's final action as provided by RCW 90,58.090(7). Ordinance 21-007 Page 3 of 4 Passed by the City Council this 8a day of June ,2021 L3J Ben Wick,Mayor AT ES "2310.11,14 Christine Bainbridge, City Clerk Approved as to Form: Office the Cji At or ey Date of Publication: al Effective Mt/F.: -- eQ7'; orn Ordinance 21-007 Page 4 of 4 CHAPTER 21.50 - SHORELINE REGULATIONS Article I. Shoreline Permits, Procedures, and Administration 21.50.010 Applicability, Shoreline Permits, and Exemptions To be authorized, all uses and development activities in shorelines shall comply with the City of Spokane Valley's (City) Shoreline Master Program (SMP) and the Shoreline Management Act (SMA) pursuant to RCW 90.58.140(1). All regulations applied within the shoreline shall be liberally construed to give full effect to the objectives and purposes for which they have been enacted. 21.50.020 Applicability A. The SMP shall apply to all shorelands, shorelines, and waters within the City that fall under the jurisdiction of chapter 90.58 RCW. The Shoreline Designations Map is shown in Appendix A. These include: 1. Lands extending 200 feet from the ordinary high water mark (OHWM) of waters that fall under the jurisdiction of chapter 90.58 RCW, in all directions as measured on a horizontal plane; 2. Floodways and contiguous floodplain areas landward 200 feet from such floodways; 3. Critical areas within the shoreline and their associated buffer areas; and 4. Lakes that are subject to the provisions of the SMP, as may be amended. B. Maps depicting the extent of shoreline jurisdiction and shoreline designations are for guidance only. They are to be used in conjunction with best available science, field investigations, and on-site surveys to accurately establish the location and extent of the shoreline jurisdiction when a project is proposed. All areas meeting the definition of a shoreline or a Shoreline of Statewide Significance, whether mapped or not, are subject to the provisions of the SMP. Within the City, Shelley Lake is considered a Shoreline of the State and is subject to the provisions of the SMP. The Spokane River is further identified as a Shoreline of Statewide Significance. C. The SMP shall apply to every person, individual, firm, partnership, association, organization, corporation, local or state governmental agency, public or municipal corporation, or other non-federal entity that develops, owns, leases, or administers lands, critical areas, or waters that fall under the jurisdiction of the SMA. D. Specific developments identified in WAC 173-27-044 and -045 are not required to obtain shoreline permits or local reviews. E. Development may require a shoreline permit in addition to other approvals required from the City, state, and federal agencies. F. The SMP shall apply whether the proposed development or activity is exempt from a shoreline permit or not. G. Definitions relevant to the SMP are set forth in Appendix A-1. If any conflict occurs between the definitions found in Appendix A-1, and Appendix A, the definition provided in Appendix A-1 shall govern. Exhibit 1: Ordinance 21-007 Page I of 72 H. When the provisions set forth in SVMC 21.50 conflict with other provisions of the SMP or with federal or state regulations, those which provide more substantive protection to the shoreline shall apply. 21.50.030 Administrative Authority and Responsibility A. The City Manager or designee is the City's designated shoreline administrator, who shall carry out the provisions of the SMP and who shall have the authority to act upon the following matters: 1. Interpretation, enforcement, and administration of the SMP; 2. Modifications or revisions to approved shoreline permits as provided in the SMP; and 3. Requests for Letters of Exemption. B. The City Manager shall ensure compliance with the provisions of the SMP for all shoreline permits and approvals processed by the City pursuant to SVMC 21.50.100, 21.50.110, 21.50.130, and 21.50.140. C. The City Manager shall document all project review actions in the shoreline jurisdiction in order to periodically evaluate the cumulative effects of authorized development on shoreline conditions, pursuant to WAC 173-26-191(2)(a)(iii)(D). D. The City Manager shall consult with Ecology to ensure that any formal written interpretations are consistent with the purpose and intent of chapter 90.58 RCW and the applicable guidelines of chapter 173-26 and 173-27 WAG. 21.50.040 Types of Shoreline Permits Developments and uses within the shoreline jurisdiction may be authorized through one or more of the following: A. Shoreline Substantial Development Permit, pursuant to SVMC 21.50.100, for substantial development. B. Shoreline Conditional Use Permit, pursuant to SVMC 21.50.130, for projects identified in SVMC 21.50.190 or uses not specified in the SMP. C. Letters of Exemption, pursuant to SVMC 21.50.120, for projects or activities meeting the criteria of RCW 90.58.030(3)(e) and WAC 173-27-040(2). D. Shoreline Variance, pursuant to SVMC 21.50.140. 21.50.050 Development Authorization Review Procedure A. Complete development applications and appeals shall be processed pursuant to SVMC 17.80 Permit Processing Procedures, SVMC 17.90 Appeals, and with any specific process requirements provided in SVMC 21.50 including: 1. Submittals; 2. Completeness review; 3. Notices; 4. Hearings; 5. Decisions; and 6. Appeals. B. The following procedures shall also apply to development authorizations within the shoreline jurisdiction: 1. The public comment period for Shoreline Substantial Development Permits shall be 30 days, pursuant to WAC 173-27-110. Exhibit l: Ordinance 21-007 Page 2 of 72 2. The public comment period for limited utility extensions and shoreline stabilization measures for bulkheads to protect a single-family residence and its appurtenant structures shall be 20 days, pursuant to WAC 173-27-120, 3. For limited utility extensions and bulkheads for a single-family residence, a decision shall be issued within 21 days from the last day of the comment period, pursuant to WAC 173-27-120. 4. The effective date of a shoreline permit shall conform to WAC 173-27-090 and shall be the latter of the permit date, or the date of final action on subsequent appeals of the shoreline permit, if any, unless the Applicant notifies the shoreline administrator of delays in other necessary construction permits. 5. The expiration dates for a shoreline permit pertaining to the start and completion of construction, and the extension of deadlines for those dates shall conform to WAC 173-27-090 and are: a. Construction shall be started within two years of the effective date of the shoreline permit; b. Construction shall be completed within five years of the effective date of the shoreline permit; c. A single one-year extension of the deadlines may be granted at the discretion of the City Manager; and d. The City Manager may set alternative permit expiration dates as a condition of the shoreline permit if just cause exists. 6 The decision and the application materials shall be sent to Ecology after the local decision and any local appeal procedures have been completed, pursuant to WAC 173-27-130. 7. For Shoreline Substantial Development Permits, Ecology shall file the permit without additional action pursuant to WAC 173-27-130. 8. For Shoreline Conditional Use permits and Variance decisions, Ecology shall issue a decision within 30 days of the date of filing, pursuant to WAC 173-27-130 and WAC 173-27-200. 9. The appeal period to the Shorelines Hearings Board of an Ecology action shall be 21 days from the date of filing, pursuant to WAC 173-27-190. The date of filling shall be as follows: a. For projects that only require a Shoreline Substantial Development Permit: the date that Ecology actually receives a final decision by the City. b. For a Shoreline Conditional Use Permit or Variance: the date that Ecology's decision on the Shoreline Conditional Use Permit or Variance is transmitted to the applicant and the City. c. For Substantial Development Permits simultaneously mailed with a Shoreline Conditional Use Permit or Variance to Ecology: the date that Ecology's decision on the Shoreline Conditional Use Permit or Variance is transmitted to the applicant and the City. 10. The Shorelines Hearings Board will follow the rules governing that body, pursuant to chapter 90.58 RCW. C. Development applications shall be reviewed for conformance with SVMC 21.50.180 through 21.50.560. 21.50.060 Authorization Decisions - Basis for Action A. Approval or denial of any development or use within the shoreline jurisdiction shall be based upon the following: 1. Danger to life and property that would likely occur as a result of the project; Exhibit 1: Ordinance 21-007 Page 3 of 72 2, Compatibility of the project with the critical area features on, adjacent to, or near the property, shoreline values and ecological functions, and public access and navigation; 3. Conformance with the applicable development standards in SVMC 21.50; 4. Requirements of other applicable local, state, or federal permits or authorizations; 5. Adequacy of the information provided by the Applicant or available to the City Manager; and 6. Ability of the project to satisfy the purpose and intent of the SMP. B. Based upon the project evaluation, the City Manager shall take one of the following actions: 1. Approve the development or use; 2. Approve the development or use with conditions, pursuant to SVMC 21.50.070; or 3. Deny the development or use. C. The decision by the City Manager on the development or use shall include written findings and conclusions stating the reasons upon which the decision is based. 21.50.070 Conditions of Approval When approving any development or use, the City Manager may impose conditions to: A. Accomplish the purpose and intent of the SMP; B. Eliminate or mitigate any negative impacts of the project on critical areas, and on shoreline functions; C. Restore important resource features that have been degraded or lost on the project site; D. Protect designated critical areas and shoreline jurisdiction from damaging and incompatible development; or E. Ensure compliance with specific development standards in SVMC 21.50. 21.50.080 Prohibited Activities and Uses The following activities and uses are prohibited in all shoreline designations and are not eligible for a shoreline permit, including a Conditional Use or Shoreline Variance. See Table 21.50-1 and Table 21.50-2. A. Uses not allowed in the underlying zoning district; B. Discharge of solid wastes, liquid wastes, untreated effluents, or other potentially harmful materials; C. Solid waste or hazardous waste landfills; D. Speculative fill; E. Dredging or dredge material disposal in wetlands; Exhibit 1: Ordinance 21-007 Page 4 of 72 F. Dredging or dredge material disposal to construct land canals or small basins for boat moorage or launching, water ski landings, swimming holes, or other recreational activities; G. Commercial timber harvest or other forest practices; H. Agriculture and aquaculture; Non water-oriented Industrial Uses and Mining; and J. The construction of breakwaters, jetties, groins, or weirs. 21.50.090 Minor Activities Allowed Without a Shoreline Permit or Letter of Exemption The SMP applies to the following activities, however, they are allowed without a shoreline permit or Letter of Exemption: A. Maintenance of existing landscaping (including paths and trails) or gardens within the shoreline, including a regulated critical area or its buffer. Examples include mowing lawns, weeding, harvesting and replanting of garden crops, pruning, and planting of non- invasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas. Removing trees and shrubs within a buffer is not considered a maintenance activity. See SVMC 21.50,260 for regulations regarding vegetation removal. Excavation, filling, and construction of new landscaping features are not considered a maintenance activity and may require a shoreline permit or letter of exemption. B. Minor maintenance and/or repair of lawfully established structures that do not involve additional construction, earthwork, or clearing. Examples include painting, trim or facing replacement, re-roofing, etc. Construction or replacement of structural elements is not covered in this provision, but may be covered under an exemption in SVMC 21.50.110(B). C. Cleaning canals, ditches, drains, wasteways, etc. without expanding their original configuration is not considered additional earthwork, as long as the cleared materials are placed outside the shoreline jurisdiction, wetlands, and buffers. D. Creation of unimproved private trails that do not cross streams or wetlands and which are less than two feet wide and do not involve placement of fill or grubbing of vegetation. E. Planting of native vegetation. F. Noxious weed control outside of buffers pursuant to SVMC 21.50.110(M) except for area wide vegetation removal/grubbing. G. Noxious weed control within vegetative buffers, if the criteria listed below is met. Control methods not meeting these criteria may still apply for a restoration exemption, or other authorization as applicable: 1. Hand removal/spraying of individual plants only; and 2. No area-wide vegetation removal/grubbing. H. Pruning, thinning, or dead or hazardous tree removal pursuant to SVMC 21.50.260(C). Exhibit I: Orclinanee 21-007 Page 5 of 72 21.50.100 Shoreline Substantial Development Permit Required A. Classification Criteria -A Shoreline Substantial Development Permit is required for any substantial development unless the use or development is specifically exempt pursuant to SVMC 21.50.090 or 21.50.110. B. Process _ Shoreline Substantial Development Permits shall be processed as a Type II review pursuant to SVMC 17.80 Permit Processing Procedures, subject to the exceptions set forth in SVMC 21.50.050. C. Decision Criteria -A Shoreline Substantial Development Permit may be issued when all applicable requirements of the SMA, WAC 173-27, and the SMP have been met. 21.50.110 Exemptions from Shoreline Substantial Development Permit The activities listed below, or as amended by RCW 90.58.030(3) and WAC 173-27-040, are exempt from the requirement to obtain a Shoreline Substantial Development Permit. These activities still require a letter of exemption and may require a Shoreline Conditional Use Permit, Shoreline Variance, or other development permits from the City or other agencies. If any part of a proposed development is not eligible for a Letter of Exemption, then a Shoreline Substantial Development Permit is required for the entire proposed development project. Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemptions from the Shoreline Substantial Development Permit. A. Any development of which the total cost or fair market value does not exceed $7,047 or as adjusted by the State Office of Financial Management, if such development does not materially interfere with the normal public use of the water or Shorelines of the State. For purposes of determining whether or not a Shoreline Substantial Development Permit is required, the total cost or fair market value shall be based on the value of development as defined in RCW 90.58.030(3). The total cost or fair market value of the development shall include the fair market value of any donated, contributed, or found labor, equipment, or materials. B. Normal maintenance or repair of existing legally-established structures or developments, including damage by accident, fire, or elements. 1. Normal maintenance includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. 2. Normal repair means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location, and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to the shoreline resource or environment. 3. Replacement of a structure or development may be authorized as repair where such replacement is: a. The common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location, and external appearance; and b. The replacement does not cause substantial adverse effects to shoreline resources or environment. C. Construction of a normal protective bulkhead common to residential lots: Exhibit 1: Ordinance 21-007 Page 6 of 72 1. A normal protective bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the OHWM for the sole purpose of protecting an existing residence and appurtenant structures from loss or damage by erosion. 2. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill. 3. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an OHWM has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual OHWM. 4. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the Washington State Department of Fish and Wildlife (WDFW). D. Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment that requires immediate action within a time too short to allow full compliance with Chapter 21.50. 1. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the Director to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit that would have been required, absent an emergency, pursuant to chapter 90.58 RCW, WAG 173.27, or the SMP, shall be obtained. 2. All emergency construction shall be consistent with the policies and requirements of chapter 90.58 RCW and the SMP. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency. E. Construction or modification of navigational aids such as channel markers and anchor buoys. F. Construction on shorelands by an owner, lessee, or contract purchaser of a single-family residence or appurtenance for their own use or for the use of their family, which residence does not exceed a height of 35 feet above average grade level, and which meets all requirements of the City, other than requirements imposed pursuant to chapter 90.58 RCW. Construction authorized under this subsection shall be located landward of the OHWM. G. Construction of a dock, including a community dock, designed for pleasure craft only, for the private non-commercial use of the owner, lessee, or contract purchaser of a single- family or multiple-family residence. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities, or other appurtenances. This exception applies when the fair market value of the dock does not exceed $22,500 for docks that are constructed to replace existing docks and are of Exhibit 1: Ordinance 21-007 Page 7 of 72 equal or lesser square footage than the existing dock being replaced; $11,200 for all other docks; or as amended by WAC 173-27-040. However, if subsequent construction occurs within five years of completion of the prior construction, and the combined fair market value of the subsequent and prior construction exceeds the amounts specified in this subsection, the subsequent construction shall be considered a substantial development. The amounts in this subsection shall automatically be adjusted as provided by the State Office of Financial Management. H. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the irrigation of lands. The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water. J. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system. K. Any project with a State Energy Facility Site Evaluation Council certification from the governor pursuant to ROW 80.50. L. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: 1. The activity does not interfere with the normal public use of surface waters; 2. The activity will have no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; 3. The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; and 4. The Applicant first posts a performance surety acceptable to the City to ensure that the site is restored to pre-existing conditions. M. Removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control published by the Department of Agriculture or Ecology jointly with other state agencies under ROW 43.21 C. N. Watershed restoration projects as defined in WAC 173.27.040(2)(o). The Director shall determine if the project is substantially consistent with the SMP and notify the Applicant of such determination by letter. O. A public or private project that is designed to improve fish or wildlife habitat or fish passage as reviewed by WDFW and all of the following apply: 1. The project has been approved in writing by the WDFW; 2, The project has received hydraulic project approval by the WDFW pursuant to chapter 77.55 ROW; and 3. The Director has determined that the project is substantially consistent with the SMP and shall notify the Applicant of such determination by letter. Exhibit 1: Ordinance 21-007 Page 8 01'72 21.50.120 Letter of Exemption A. The proponent of an activity exempt from a Shoreline Substantial Development Permit shall apply for a Letter of Exemption. All activities exempt from the requirement for a Shoreline Substantial Development Permit shall use reasonable methods to avoid impacts to critical areas within the shoreline jurisdiction. Being exempt from the requirements for a Shoreline Substantial Development Permit does not give authority to degrade a critical area, or shoreline, or ignore risk from natural hazards. B. The City Manager shall review the Letter of Exemption request to verify compliance with the SMP and shall approve or deny such Letter of Exemption. C. If a Letter of Exemption is issued, it shall be sent to Ecology, the Applicant, and a copy retained by the City. D. A Letter of Exemption may contain conditions and/or mitigating conditions of approval to achieve consistency and compliance with the provisions of the SMP and the SMA. E. A denial of a Letter of Exemption shall be in writing and shall list the reason(s) for the denial. 21.50.130 Shoreline Conditional Use Permit A. Classification Criteria - Shoreline conditional uses are those uses within the shoreline jurisdiction identified in Table 21.50-1 Shoreline Use Table, which require a Shoreline Conditional Use Permit. B. Unclassified uses not specifically identified in Table 21.50-1 may be authorized through a Shoreline Conditional Use Permit, provided the Applicant can demonstrate consistency with the requirements of SVMC 21.50. C. Process -A Shoreline Conditional Use Permit shall be processed as a Type II review pursuant to SVMC 17.80 Permit Processing Procedures. The City Manager shall be the final authority for the City, whose recommendation is then forwarded to Ecology. Ecology shall have final approval authority pursuant to WAC 173-27-200. D. Decision Criteria - The City Manager's decision on a conditional use shall be based upon the criteria set forth in SVMC 19.150.030 and 21.50.060 Conditions and Requirements, together with the criteria established below. The Applicant shall demonstrate to the satisfaction of the City Manager that the development meets all of the following criteria: 1. The use is consistent with the policies of RCW 90.58.020; 2. The use will not interfere with the normal public use of public shorelines; 3. The use of the site and design of the project is compatible with other permitted uses in the area; 4. The use will cause no significant adverse effects to the shoreline environment designation in which it is located; and 5. The public interest will suffer no substantial detrimental effect. E. Consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if Shoreline Conditional Use Permits were granted for other developments in the area where similar circumstances exist for similar uses and impacts, the total cumulative effect of the conditional uses shall also remain consistent Exhibit l: Ordinance 21-007 Page 9 of 72 with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. F. The burden of proving that the project is consistent with the applicable criteria shall be upon the Applicant. 21.50.140 Shoreline Variance A. The purpose of a Shoreline Variance is to grant relief to specific bulk or dimensional requirements set forth in SVMC 21.50 where extraordinary or unique circumstances exist relating to the property such that the strict implementation of the standards would impose unnecessary hardships on the Applicant, or thwart the policies set forth in the SMA and the SMP. B. When a development or use is proposed that does not meet requirements of the bulk, dimensional, and/or performance standards of the SMP, such development may only be authorized by approval of a Shoreline Variance, even if the development or use does not require a Shoreline Substantial Development Permit. C. Process - A Shoreline Variance shall be processed as a Type II review pursuant to SVMC 17.80 Permit Processing Procedures. Each request for a Shoreline Variance shall be considered separately and prior to any decision on a development application. Any decision to approve or conditionally approve the development will include and specifically cite only those variances approved for inclusion with the project. D. When a Shoreline Variance is requested, the City Manager shall be the final authority for the City. The City Manager's determination shall be provided to Ecology for review. Ecology shall have final approval authority of Shoreline Variances pursuant to RCW 90.58.140(10). E. Decision Criteria - To qualify for a Shoreline Variance, the following shall be required: 1. Demonstrate compliance with the criteria established in SVMC 21.50.060 Authorization Decisions - Basis for Action. 2. A Shoreline Variance request for a development or use located landward of the OHWM, or landward of any wetland shall cite the specific standard or condition from which relief is requested and be accompanied by evidence that demonstrates the variance is consistent with all of the items below: a. That the strict application of a standard precludes, or significantly interferes with, reasonable use of the property; b. That the hardship described in subsection (a) is specifically related to the property, and is a result of unique natural or physical conditions, such as irregular lot shape, size, or natural features which do not allow compliance with the standard. The site constraint shall not be the result of a deed restriction, a lack of knowledge of requirements involved when the property was acquired, or other actions resulting from the proponent's own actions; c. The project is generally compatible with other permitted or authorized uses in the project area, with uses planned for the area under the Comprehensive Plan and the SMP, and will not cause adverse impacts to the area; d. The requested variance would not constitute a grant of special privilege not enjoyed by other properties in the area, and the variance is the minimum necessary to afford the requested relief; and Exhibit 1: Ordinance 21-007 Page 10 of 72 e. That the public interest will suffer no substantial detrimental effect. 3. A Shoreline Variance request for a development or use located waterward of the OHWM, or within any wetland shall cite the specific standard or condition from which relief is requested and be accompanied by evidence that demonstrates the variance is consistent with all of the items below: a. That the strict application of a standard would preclude all reasonable use of the property; b. That the proposal is consistent with the criteria established under subsection (2)(b) through (e) of this section; and c. That the public rights of navigation and use of the shorelines will not be adversely affected. 4. In the granting of any Shoreline Variance, consideration shall be given to the cumulative impact of additional requests for like variances in the area. For example, if Shoreline Variances were granted to other developments and/or uses in the area where similar circumstances exist, the total of the variances shall also remain consistent with the policies of the SMA and SMP and shall not cause substantial adverse impacts to the shoreline environment. F. The burden of proving that a proposed variance meets the criteria of the SMP and WAC 173-27-170 shall be on the Applicant. Absence of such proof shall be a basis for denial of the application. 21.50.150 Nonconforming Development A. Classification Criteria —A use, structure, appurtenant structure, or lot is nonconforming if it was legally established but is inconsistent with a subsequently adopted regulation or regulations. Lawful uses, structures, appurtenant structures, and lots that are deemed nonconforming are subject to the provision of this section. B. Process and Decision Criteria 1. Decisions on projects that require review under this section shall be made pursuant to SVMC 21.50.060 Authorization Decisions - Basis for Action and the following criteria. 2. Legal nonconforming uses and structures shall be allowed to continue with no additional requirements except as otherwise addressed in this section. 3. Nonconforming Uses. a. Additional development of any property on which a nonconforming use exists shall require that all new uses conform to the SMP. b. Intensification or expansion of nonconforming uses that will not result in an increase of nonconformity shall be allowed and will be processed under these nonconforming provisions as a Type II review, pursuant to SVMC Title 17.80 Permit Processing Procedures. c. Change of ownership, tenancy, or management of a nonconforming use shall not affect its nonconforming status provided that the use does not change or intensify. d. If a nonconforming use is converted to a conforming use, a nonconforming use may not be resumed. e. Conversion from one nonconforming use to another may only be approved through a Shoreline Conditional Use Permit pursuant to SVMC 21.50.130(E) if the following additional criteria are met: The property is located within a residential or conservancy shoreline environment; Exhibit I: Ordinance 21-007 Page 11 of 72 ii. The replacement use is either of a similar intensity to the previous nonconforming use, or is more conforming with the intent of the applicable Shoreline Environment Policies; and iii. The impacts to the shoreline ecological functions from the existing use are reduced by changing the use. f. When the operation of a nonconforming use is discontinued or abandoned for a period of 12 consecutive months, the nonconforming use rights shall expire and the future use of such property shall meet all current applicable regulations of the SMP. g. If a conforming building housing a nonconforming use is damaged, the use may be resumed at the time the building is repaired, provided a permit application for the restoration is received by the City within 12 months following said damage. h. Normal maintenance and repair of a structure housing a nonconforming use may be permitted provided all work is consistent with the provisions of the SMP. Legally established residences are considered conforming uses. 4. Nonconforming Structures. a. A nonconforming structure may be maintained or repaired, provided such improvements do not increase the nonconformity of such structure and are consistent with the remaining provisions of the SMP. b. Alterations to legal nonconforming structures that: Will result in an increase of nonconformity to the structures, including expanding within the buffer, may be allowed under a Shoreline Variance pursuant to SVMC 21.50.140; or ii Do not increase the existing nonconformity and will otherwise conform to all other provisions of SVMC 21.50 are allowed without additional review. c. A nonconforming structure that is moved any distance within the shoreline jurisdiction shall be brought into conformance with the SMP. d. A damaged nonconforming structure may be reconstructed or replaced, regardless of the amount of damage if: The rebuilt structure or portion of structure does not expand or modify the original footprint or height of the damaged structure unless: (1). The expansion or modification does not increase the degree of nonconformity with the current regulations; and (2). The reconstructed or restored structure will not cause additional adverse effects to adjacent properties or the shoreline environment; ii. It is not relocated except to increase conformity or to increase ecological function, in which case the structure shall be located in the least environmentally damaging location possible; iii. The permit application to restore the development is made within 12 months of the date the damage occurred; and iv. Any residential structures, including multi-family structures, may be reconstructed up to the size, placement, and density that existed prior to the damage, so long as other provisions of the SMP are met. Exhibit 1: Ordinance 21-007 Page 12 of 72 5. Nonconforming Lots. Legally established nonconforming, undeveloped lots located landward of the OHWM are buildable, provided that all new structures or additions to structures on any nonconforming lot must meet all setback, height, and other construction requirements of the SMP and the SMA. 21.50.160 Minor Revisions to Approved Uses or Developments A. Classification Criteria - Minor revisions to a project that have been approved under a shoreline permit are allowed in certain circumstances. 1. Changes that are not substantive are not required to obtain a revision and may be allowed as part of the original shoreline permit. Examples include, but are not limited to, minor changes in facility orientation or location, minor changes in structural design that do not change the height or increase ground floor area, and minor accessory structures such as equipment covers or small sheds near the main structure. 2. Substantive changes are those that materially alter the project in a manner that relates to its conformance with the shoreline permit and SMP requirements. Such changes may be approved as a minor revision if: a. The City Manager determines that the proposed revision and all previous revisions are within the scope and intent of the original shoreline permit; b. The use authorized with the original shoreline permit does not change; c. The project revision does not cause additional significant adverse environmental impacts; d. No new structures are proposed; and e. The criteria in SVMC 21.50.160(A)(3) are met. 3. Substantive changes shall comply with the following to be approved as a minor revision: a. No additional over-water construction shall be involved, except that pier, dock, or swimming float construction may be increased by 10 percent from the provisions of the original shoreline permit; b. Lot coverage and height approved with the original shoreline permit may be increased a maximum of 10 percent if the proposed revisions do not exceed the requirements for height or lot coverage pursuant to SVMC 21.50.220 Dimensional Standards and SVMC Title 19 Zoning Regulations; and c. Landscaping may be added to a project without necessitating an application for a new shoreline permit if the landscaping is consistent with permit conditions (if any) and SVMC 21.50. 4. Substantive changes which cannot meet these requirements shall require a new shoreline permit. Any additional shoreline permit shall be processed under the applicable terms of this chapter. B. Process - Requests for minor revisions to existing shoreline permits shall be processed as a Type I review, pursuant to SVMC Title 17.80 Permit Processing Procedures. Parties of record to the original shoreline permit shall be notified of the request for revision, although a comment period is not required. A minor revision for a project within shoreline jurisdiction shall follow state filing, appeal, and approval standards pursuant to WAC 173-27-100 Revisions to Permits. C. Decision Criteria - Decisions on minor revisions shall be pursuant to SVMC 21.50.060 Authorization Decisions — Basis for Action. Exhibit 1: Ordinance 21-007 Page 13 of 72 21.50.170 Enforcement A. Enforcement of the SMP, including the provisions of SVMC 21.50, shall be pursuant to SVMC 17.100. Nothing herein or within SVMC 17.100 shall be construed to require enforcement of the SMP and SVMC 21.50 in a particular manner or to restrict the discretion of the City Manager in determining how and when to enforce the SMP and SVMC 21.50; provided all enforcement shall be consistent with the policies of the SMP and SVMC 21.50. B. Upon a determination that a violation of the SMP, including SVMC 21.50, has occurred, no further development may be authorized unless and until compliance with any applicable shoreline and development permit or process conditions and requirements of SVMC 21.50 have been achieved to the satisfaction of the City Manager, C. For violations affecting a critical area, the party(s) responsible for the violation and the owner shall meet the following minimum performance standards to achieve the restoration requirements, as applicable: 1. A restoration plan shall be prepared and address the following: a. Restoration of historical structural and functional values, including water quality and habitat functions; b. Ensure that replacement soils will be viable for planting and will not create a less fertile growing conditions; c. Replacement of native vegetation within the critical area, and buffers with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities; d. Replication of the historic functions and values at the location of the alteration; e. Annual performance monitoring reports demonstrating compliance with mitigation plan requirements shall be submitted for a minimum two-year period; and f. As-built drawings and other information demonstrating compliance with other applicable provisions of the SMP shall be submitted. 2. The following additional performance standards shall be met for restoration of frequently flooded areas and geological hazards and be included in the restoration plan: a. The hazard shall be reduced to a level equal to, or less than, the pre- development hazard; b. Any risk of personal injury resulting from the alteration shall be eliminated; and c. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard. 3. The City Manager may, at the violator's expense, consult with a Qualified Professional to determine if the plan meets the requirements of the SMP. Inadequate plans shall be returned to the violator for revision and resubmittal. Article II. Shoreline Regulations 21.50.180 General provisions A. General Regulations. 1. Regulations in SVMC 21.50.180 through 21.50.290 are in addition to the specific use regulations in SVMC 21.50.300 through 21.50.450 and other adopted rules, Exhibit 1: Ordinance 21-007 Page 14 of 72 including but not limited to the Spokane Valley Municipal Code, the Spokane Valley Comprehensive Plan, the Spokane Valley Street Standards, and the Spokane Regional Stormwater Manual, as adopted or amended. 2. All permitted and exempt projects within the shoreline jurisdiction shall ensure that the no net loss of ecological functions standard is met. SVMC 21.50.210 No Net Loss and Mitigation Sequencing and SVMC 21.50.260 Shoreline Vegetation Conservation contain appropriate methods to achieve no net loss of shoreline ecological function. The City may also condition project dimensions, location of project components on the site, intensity of use, screening, parking requirements, and setbacks, as deemed appropriate. 3. All shoreline uses and modifications shall obtain all necessary permits from the appropriate local, state, and federal agencies and shall operate in compliance with all permit requirements. 4. Deviations from regulations may be granted through a Shoreline Variance, which requires approval by both the City and Ecology. Shoreline modifications listed in Table 21.50-2 as "prohibited" are not eligible for consideration as a Shoreline Variance. 5. New projects, including the subdivision of land and related construction of single- family residences, are prohibited when the use or development requires structural flood hazard reduction or other structural stabilization measures within the shoreline to support the proposed or future development. 6. When a proposal contains two or more use activities, including accessory uses, the most restrictive use category shall apply to the entire proposal. 7. Structures, uses, and activities shall be designed and managed to minimize blocking, reducing, or adversely interfering with the public's visual access to the water and the shorelines from public lands which are within the shoreline jurisdiction and excluding public roads. 8. Structures and sites shall be designed with landscaping, vegetated buffers, exterior materials, and lighting that are aesthetically compatible with the shoreline environment. 9. When a study is required to comply with SVMC 21.50, it shall be performed by Qualified Professional registered in the State of Washington. 10. All clearing and grading activities shall comply with SVMC 24.50 Land Disturbing Activities. Adherence to the following is required during project construction: a. Materials adequate to immediately correct emergency erosion situations shall be maintained on site; b. All debris, overburden, and other waste materials from construction shall be disposed of in such a manner so as to prevent their entry into a water body. Such materials from construction shall not be stored or disposed of on or adjacent to Shorelines of the State; c. The shoreline buffer shall be clearly marked on the ground prior to and during construction activities to avoid impacts to the buffer; and d. Infrastructure used in, on, or over the water shall be constructed using materials that do not contaminate the water or interfere with navigation. B. The City may consult with agencies with expertise or jurisdiction over the resources during the review of any permit or process to assist with analysis and identification of appropriate performance measures that adequately safeguard shoreline and critical areas. Exhibit I: Ordinance 21-007 Page 15 of 72 C. The City Manager may consult with a Qualified Professional to review a critical areas report when City staff lack the resources or expertise to review these materials. The City may require the Applicant to pay for or reimburse the City for the consultant fees. 21.50,190 Shoreline Uses Table A. Uses and activities are categorized within each shoreline environment as allowed, permitted, conditional use, or prohibited, as defined in this section. This priority system determines the applicable permit or process, administrative requirements, and allows activities that are compatible with each shoreline designation. Procedures and criteria for obtaining a Shoreline Substantial Development Permit, Letter of Exemption, Shoreline Conditional Use Permit, and Shoreline Variance are set forth in SVMC 21.50.040. These uses shall also meet the requirements of SVMC Title 19 Zoning Regulations. B. The following terms shall be used in conjunction with Shoreline Use and Modification Tables provided in SVMC 21.50.190 and SVMC 21.50.200. Allowed Use: These are uses that are exempt from the shoreline permit review process and do not require submittal of a Shoreline Substantial Development Permit or Letter of Exemption application. Projects or uses shall be reviewed to ensure that all requirements contained in SVMC 21.50 are met. Building permit applications or site plans are the general method of review. Permitted Use: These are uses which are preferable and meet the policies of the particular shoreline environment designation. They require submittal of a Shoreline Substantial Development Permit or a Letter of Exemption application. An exemption is subject to an administrative approval process; a Shoreline Substantial Development Permit requires public notice, comment periods, and filing with Ecology. Conditional Use: A Shoreline Conditional Use Permit is intended to allow for flexibility and the exercise of judgment in the application of regulations in a manner consistent with the policies of the SMA and the SMP. Prohibited: These are uses which are viewed as inconsistent with the definition, policies, or intent of the shoreline environmental designation. For the purposes of the SMP, these uses are considered inappropriate and are not authorized under any permit or process. Table 21.50-1 - Shoreline Uses, below, shall be used to determine the permit or process required for specific shoreline uses and activities within the shoreline jurisdiction. Exhibit 1: Ordinance 21-007 Page 16 of 72 Table 21.50-1: Shoreline Uses a. u 0 0o c a 0 co ca o 0 ++ 1a1) 0 :.- C) CV C o 0 d C Et U 0C'r 0 a1 m °� C c t .C.i., L ill Cr! MI oa ca o SHORELINE USES 'r I _ 0) I _ _ 1 < Agricultural Activities Aquaculture Boating Facilities (Including launches, ramps, public/commercial docks, and private docks serving more than four residences) N/A P C ' Commercial Use Water-dependent P2 P2 C Water-related and water-enjoyment P2 P2 P2 C Non water-oriented p2,3 Forest Practices Industrial Use Water-dependent P C Water-related and water-enjoyment P Non water-oriented P3 In-stream Structures As part of a fish habitat enhancement project N/A P P P P Other N/A P P P Mining Parking Facilities As a primary use As an accessory/secondary use P P P C Recreational Use Water-dependent P P P P P Water-related and water-enjoyment P P P P P Non water-oriented P P P e4 C Trails and walkways P P P C5 P Residential Use Single-family A A A A Single-family residential accessory uses and structures A _ A A A Multi-family P P P Private docks serving one to four single-family residences N/A P P P Accessory Dwelling Units A A A A Exhibit 1: Ordinance 21-007 Page 17 of 72 Transportation Facilities New circulation routes related to permitted shoreline activities P P C C Expansion of existing circulation systems P P P P New, reconstructed, or maintenance of bridges, trail, or rail crossings P P P P P Public Facilities and Utilities Public facilities C C C C Utilities and utility crossings C C C C C Routine maintenance of existing utility corridor and infrastructure A6 A6 A6 P7 A6 KEY: A= Allowed P= Permitted C= Conditional Use Blank= Prohibited NIA= Not Applicable Notes: ' For Boating Facilities within the aquatic environment, the adjacent upland environment as set forth on the City Environment Designation Map shall govern (i.e., if the aquatic environment is adjacent to Shoreline Residential -Waterfront designated shorelines, the use would be permitted). 2 Commercial uses are allowed in the Shoreline Residential - Upland, Shoreline Residential - Waterfront and Urban Conservancy Environments only if the underlying zoning of the property is Mixed Use Center. 3 Permitted only if the applicable criteria in SVMC 21.50.320(B)(1) or 21.50.330(B)(1) are met. 4 Non water oriented recreation uses are prohibited in Urban Conservation - High Quality Shorelines except limited public uses that have minimal or low impact on shoreline ecological functions, such as the Centennial Trail and appropriately-scaled day use areas which may be allowed through a Conditional Use Permit. 'Modifications, improvements, or additions to the Centennial Trail are permitted in the Urban Conservancy - High Quality Environment. 6 A Letter of Exemption is required if the maintenance activity involves any ground disturbing activity. 7A Letter of Exemption is required. 21.50.200 Shoreline Modification Activities Table Table 21.50-2, Shoreline Modification Activities, below, shall be used to determine whether a specific shoreline modification is allowed in a shoreline environment. Shoreline modifications may be permitted, approved as a conditional use, or prohibited, pursuant to SVMC 21.50.190. Shoreline modifications shall also meet the requirements of SVMC Title 19 Zoning Regulations. Exhibit 1: Ordinance 21-007 Page 18 of'72 Table 21.50-2: Shoreline Modification Activities >, c c >. o a) a) c c Pca ca w ce c to to is o c c co c "a c `t 0 UU' u SHORELINE MODIFICATION cu ACTIVITY N ! I , m > I < Shoreline/Slope Stabilization Structural, such as bulkheads P P _ Nonstructural, such as soil bioengineering P P P Piers and Docks Piers N/A P C Viewing Platforms P P P Docks N/A P C Dredging and Fill Dredging C C C C Fill C C C C Shoreline Habitat and Natural Systems Enhancement Projects P P P P P Groins and Weirs N/A C C C KEY: P= Permitted C= Conditional Use Blank= Prohibited NIA= Not Applicable 1 For these uses within the aquatic environment, the adjacent upland environment as set forth on the Environment Designation Map shall govern (i.e., if the aquatic environment is adjacent to Shoreline Residential - Waterfront designated shorelines, "hard" shoreline stabilization measures would be allowed by Shoreline Substantial Development Permit). 21.50.210 No Net Loss and Mitigation Sequencing A. Applicability. This section applies to all shoreline activities, uses, development, and modifications, including those that are exempt from a Shoreline Substantial Development Permit. B. Standards. 1. All projects shall result in no net loss of shoreline ecological functions. The requirement for no net loss may be met through project design, construction, and operations. Additionally, this standard may be achieved by following the mitigation sequencing pursuant to SVMC 21.50.210(B)(4) and SVMC 21.50.260 Shoreline Vegetation Conservation. The City may condition project dimensions, location of project components on the site, intensity of use, screening, parking requirements, and setbacks, as deemed appropriate to achieve no net loss of shoreline ecological function. 2. Required mitigation shall not exceed the level necessary to ensure that the proposed use or development will ensure no net loss of shoreline ecological functions. 3. Mitigation sequencing pursuant to SVMC 21.50.210(B)(4) is required when specified in these regulations or for projects that: Exhibit I: Ordinance 21-007 Page 19 of 72 a. Involve shoreline modifications; b. Request a buffer or setback reduction pursuant to SVMC 21.50.230 Shoreline Buffers and Building Setbacks; c. Are located within a wetland or its buffer; or d. Will have significant probable adverse environmental impacts that must be avoided or mitigated. 4. Mitigation measures shall be applied in the following order: a. Avoid the impact altogether by not taking a certain action or parts of an action; b. Minimize impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology; c. Rectify the impact by repairing, rehabilitating, or restoring the affected environment; d. Reduce or eliminate the impact over time by preservation and maintenance operations; e. Compensate for the impact by replacing, enhancing, or providing substitute resources or environments; and f. Monitor the impact and the compensation projects and take appropriate corrective measures, as needed. 21.50.220 Height Limit Standards A. Applicability. This section applies to all new or redeveloped primary and residential accessory structures. B. Standards. 1. The maximum height limit for all new or redeveloped primary structures shall be 35 feet. 2. The maximum height limit for single-family residential accessory or appurtenant structures shall be 25 feet. 3. These height limit standards may be altered through a Shoreline Variance pursuant to SVMC 21.50.140. 21.50.230 Shoreline Buffers and Building Setbacks A. Applicability. This section applies to all new construction, new and expanded uses, and modifications. Shoreline buffers are shown on the City Shoreline Buffer Map in Appendix A-2 Shoreline Buffers. B. Standards. 1. Unless otherwise specified in SVMC 21.50, buffers shall be maintained in predominantly natural, undisturbed, undeveloped, and vegetated condition. 2. The shoreline buffer shall be clearly marked on the ground prior to and during construction activities to avoid impacts to the buffer. 3. Shoreline buffers for new and expanded uses may be reduced up to 25 percent by the City Manager if the buffer widths have not been reduced or modified by any other prior action and one or more of the following conditions apply: a. Adherence of the buffer width would not allow reasonable use; b. The buffer contains variations in sensitivity to ecological impacts due to existing physical characteristics; i.e. the buffer varies in slope, soils, or vegetation. This shall be supported by a Habitat Management Plan developed in conformance with SVMC 21.50.540(F)(1)(b); or Exliibll 1: Ordinance 21-007 Page 20 of 72 c. Where shoreline restoration is proposed consistent with the City's Restoration Plan. 4. Building Setback from the shoreline buffer shall be as shown in Table 21.50-3: Table 21.50-3 Buffer Building Setbacks Environment Urban Urban Shoreline Shoreline Conservancy Conservancy — Residential - Residential - High Quality Upland Waterfront Setback 10 foot 15 foot 0 foot 1 0 foot 1 1 A 15-foot building setback from the shoreline buffer shall be required for any subdivision, binding site plan, or planned residential development in the Shoreline Residential — Upland and Shoreline Residential —Waterfront designations. a. Front, rear, and side setbacks and lot coverage shall conform to the SVMC Title 19, Zoning Regulations. 21.50.240 Flood Hazard Reduction A. Applicability. This section applies to development proposals: 1. Intended to reduce flood damage or hazard; 2. To construct temporary or permanent shoreline modifications or structures within the regulated floodplains or floodways; or 3. That may increase flood hazards. B. Standards. 1. All proposals shall conform to SVMC 21.30 Floodplain Regulation, SVMC 21.50.340, In-stream Structures and SVMC 21.50.410 Shoreline Modifications. 2. The following uses and activities may be allowed within the floodplain or floodway: a. Actions or projects that protect or restore the ecosystem-wide processes and/or ecological functions; b. New bridges, utility lines, and other public utility and transportation structures, with appropriate mitigation, where no other feasible alternative exists; c. Repair and maintenance of an existing legal structure, utility corridor, or transportation structure, provided that such actions do not increase flood hazards to other uses; d. Modifications, expansions, or additions to an existing legal use; and e. Measures to reduce shoreline erosion. 3. Natural in-stream features such as snags, uprooted trees, or stumps shall be left in place unless an engineered assessment demonstrates that they are causing bank erosion or higher flood stages. 21.50.250 Public Access A. Applicability. This section applies to all new projects by public and private entities. B. Standards. 1. Public access shall be consistent with the City's SMP Public Access Plan. Exhibil I: Ordinance 21-007 Page 21 of 72 2. Public access may only be required as a condition of approval of a Shoreline Substantial Development Permit or Conditional Use Permit to the extent allowed by law and in a manner consistent with the City's Public Access Plan, and only in the following circumstances: a. The use or development is a public project; or b. The project is a private use or development and one of the following conditions exists: The project impacts, interferes with, blocks, discourages, or eliminates existing access; ii. The project increases or creates demand for public access that is not met by existing opportunities or facilities; or iii. The project impacts or interferes with public use of waters subject to the Public Trust Doctrine. 3. Public access shall not be required for activities qualifying for a letter of exemption or new single-family residential development of four or fewer units. 4. All developments, including shoreline permits or letter of exemption applications, which require or propose public access shall include a narrative that identifies: a. Impacts to existing access, including encroachment, increased traffic, and added populations; b. The access needs of the development consistent with those described for similar projects in the Public Access Plan, Section Four; and c. The proposed location, type, and size of the public access. 5. When public access is required pursuant to SVMC 21.50.250(B)(2)(b), the City shall impose permit conditions requiring public access that are roughly proportional to the impacts caused or the demand created by the proposed use or development. 6. Prior to requiring public access as a condition of approval of any shoreline permit or letter of exemption pursuant to SVMC 21.50.250(B)(2)(b), the City Manager shall determine and make written findings of fact stating that the use or development satisfies any of the conditions in SVMC 21.50.250(B)(2)(b) and that any public access required is roughly proportional to the impacts caused or the demand created by the proposed use or development. 7. When public access is required or proposed, the following shall apply: a. Mitigation sequencing shall be required to mitigate adverse impacts resulting from the public access. b. Visual access to the shoreline may be established if any vegetation removal is pursuant to SVMC 21.50.260 Shoreline Vegetation Conservation. c. Public access sites shall be connected to the nearest public street or other public access point. d. Future trails on private property, including trail extensions and new access points, shall incorporate enhancement and restoration measures and be contained within a recorded easement. e. Required public access sites shall be fully developed and available for public use at the time of occupancy or use of the project or activity. f. Public and private entities may establish user regulations, including hours of operation, usage by animals or motorized vehicles, and prohibited activities, such as camping, open fires, or skateboarding. Such restrictions may be approved by the City Manager as part of the permit review process. Exhibit 1: Ordinance 21-007 Page 22 of 72 g. Public access improvements shall include provisions for disabled and physically impaired persons where reasonably feasible. h. Signage associated with public access shall be pursuant to SVMC 21.50.380 Signs and Outdoor Lighting, and SVMC 22.110 Sign Regulations. 21.50.260 Shoreline Vegetation Conservation A. Applicability. Vegetation conservation measures are required for all projects that propose vegetation removal. B. Standards. 1. A vegetation management plan shall be submitted for projects that propose to remove either of the following within the shoreline jurisdiction: a. One or more mature native trees greater than 12 inches in diameter at chest height; or b. More than 10 square feet of native shrubs and/or native ground cover at any one time by clearing, grading, cutting, burning, chemical means, or other activities. 2. When required, a vegetation management plan shall contain the following: a. A site plan showing: The distribution of existing plant communities in the area proposed for clearing and/or grading; ii. Areas to be preserved; iii. Areas to be cleared; and iv. Trees to be removed. b. A description of the vegetative condition of the site that addresses the following: Plant species; ii. Plant density; iii. Any natural or man-made disturbances; iv. Overhanging vegetation; v. The functions served by the existing plant community (e.g., fish and wildlife habitat values, slope stabilization); and vi. The presence and distribution of noxious weeds. c. A landscape plan showing: Proposed landscaping, including the species, distribution, and density of plants; the plan should be pursuant to SVMC 21.50.260(B)(3)(b), if applicable; and ii. Any pathways or non-vegetated portions, and the materials proposed. 3. Projects that propose to remove native vegetation within a shoreline buffer shall meet the following standards: a. The Applicant must demonstrate to the City Manager's satisfaction that the proposed vegetation removal is consistent with SVMC 21.50.210 No Net Loss and Mitigation Sequencing, and that avoidance is not feasible; b. Vegetation shall be replaced per the following: 1:1 area ratio for herbaceous vegetation; ii. 2:1 stem ratio for shrubs and saplings; and iii. 3:1 ratio for trees greater than 12 inches diameter at breast height or 2:1 ratio if tree stock is five years old or greater. For native Exhibit I. Ordinance 21-007 Page 23 of 72 trees greater than 16 inches diameter at breast height, replacement tree stock shall be at least five years old; c. All removed native plants shall be replaced with native vegetation; removed ornamental plants may be replaced with similar species; d. Applicant shall submit a vegetation management plan consistent with SVMC 21.50.260(B)(2) that demonstrates compliance with the standards of SVMC 21.50.260(B)(3); and e. Projects that propose a pathway or trail in the shoreline buffer shall meet the additional following standards: Pathways and trails that are roughly parallel to the OHWM may be allowed if: (1) It is a public non-motorized multi-use equestrian or pedestrian/bike trail; (2) It is located at the landward edge of the shoreline buffer with the following exceptions: (a) When physical constraints, public safety concerns, or public ownership limitations merit otherwise; or (b) When the trail will make use of an existing constructed grade such as those formed by an abandoned rail grade, road, or utility. ii. Pathways, trails, and river crossings that are perpendicular to the water, and lead to the OHWM, shall be sited in a location that has the least impact to shoreline ecological functions with mitigation sequencing pursuant to SVMC 21.50.210. Previously altered or disturbed locations shall be preferred. iii. All pathways and trails shall be located, constructed, and maintained so as to avoid, to the maximum extent possible, removal and other impacts to perennial native vegetation, including trees, standing snags, forbs, grasses, and shrubs, consistent with the vegetation management plan. iv. Alternatives to impervious paving should be considered and are encouraged. v. Total trail width, inclusive of shoulders, shall be the minimum width necessary to achieve the intended use and shall not exceed 14 feet. vi. Disturbed areas (outside of the designated trail and trail shoulders) shall be re-vegetated with native vegetation consistent with the vegetation management plan. vii. Public, non-motorized multi-use equestrian pedestrian/bike trails shall only be allowed in the shoreline buffer for the Urban Conservancy-High Quality environment designation to connect to or from (in phases or otherwise) an existing regional multi-use non-motorized trail and only pursuant to SVMC 21.50.260(B). viii. Encroachments in the buffer allowed by the exceptions listed above shall be the minimum necessary to provide for the permitted use. 4. A performance surety may be required as a condition of shoreline permit approval to ensure compliance with the SMP. The performance surety shall be substantially in the same form and for the same coverage as provided for in the City's Street Standards as adopted or amended. Exhibit 1: Ordinance 21-007 Page 24 of 72 5. Projects that require a critical areas report pursuant to SVMC 21.50.490 shall incorporate any specific vegetation conservation measures identified in the critical areas reports for the identified critical areas. Any application of pesticides, herbicides, fertilizers, or other chemicals proposed in conjunction with the vegetation removal or management activities shall be addressed by the report. C. Minor vegetation conservation activities allowed without a shoreline permit or letter of exemption. 1. Pruning and thinning of trees or vegetation on public or private land for maintenance, safety, forest health, and view protection if the criteria listed below are met: a. No native vegetation is removed, including thinning; b. Pruning of native vegetation shall not exceed 30 percent of a tree's limbs. Tree topping shall not occur; c. Native shrubs shall not be pruned to a height less than six feet; d. Pruning any vegetation waterward of the OHWM is prohibited; and e. Pruning of any vegetation and thinning activities associated with non- native plants shall ensure the continued survival of vegetation. Whenever possible, pruning and thinning activities conducted to maintain or create views shall be limited to areas dominated with non-native vegetation and invasive species. Pruning and thinning on public land to establish a view for adjacent properties shall be prohibited unless written approval from the Washington State Parks Riverside Area Manager is given. 2. Pruning and thinning within a utility corridor by the utility service provider of both native and non-native trees and vegetation shall be allowed when the following criteria are met: a. Reasonable measures to reduce the adverse effects of the activity are implemented; and b. No net loss of buffer functions and values occur. 3. Dead or hazardous trees within the shoreline buffer that pose a threat to public safety or a risk of damage to private or public property may be removed if a letter from a certified arborist or Qualified Professional is submitted that confirms the tree is dead or is hazardous and includes: a. Removal techniques; b. Procedures for protecting the surrounding area; and c. Replacement of native trees, if applicable. Where possible, hazard trees within the shoreline buffer shall be turned into snags. 21.50.270 Water Quality, Stormwater, and Non-Point Pollution A. Applicability. This section applies to all projects that add any pollution-generating impervious surfaces. This standard supersedes the regulatory threshold specified in the Spokane Regional Stormwater Manual, which is applicable outside the shoreline jurisdiction. B. Regulations. 1. All activities shall comply with the SVMC 22.150 Stormwater Management Regulations, the Environmental Protection Agency's Underground Injection Control program, the Eastern Washington Phase II Municipal Stormwater Permit requirements, applicable total maximum daily loads laws and regulations, and other water cleanup plans. Exhibit 1: Ordinance 21-007 Page 25 of 72 2. Use of chemicals for commercial or industrial activities shall be pursuant to SVMC 21.50.530(C). 3. Herbicides, fungicides, fertilizers, and pesticides shall not be applied within 25 feet of a water body, except by a Qualified Professional in accordance with state and federal laws. 21.50.280 Archaeological and Historic Resources A. Applicability. This section applies to: 1. Projects with archaeological and historic resources on site that are either recorded at the Washington State Department of Archeology and Historic Preservation (DAHP), or Spokane County; 2. Projects where archaeological and historical resources have been inadvertently uncovered; or 3. Permit applications that contain a ground-disturbing component. B. Standards. 1. Archaeological sites are subject to chapter 27.44 RCW Indian Graves and Records and chapter 27.53 RCW Archaeological Sites and Records. Development or uses that may impact such sites shall comply with WAC 25-48 as well as the regulations of this section. 2. A cultural resources site survey or assessment prepared by a Qualified Professional is required for all shoreline permit applications that contain a ground-disturbing component if the proposal meets the criteria below, which may be determined through review of Spokane County and/or DAHP resources: a. The project is on property known to contain archaeological, historic, or cultural resources; or b. The project is in an area mapped as having the potential for the presence of archaeological, historic, or cultural resources. 3. When required, the cultural resources site survey or assessment shall: a. Use standard procedures and methods to assess the potential for presence of archaeological, historic, or cultural resources that could be impacted by the project; b. Provide appropriate recommendations for protecting and preserving the archaeological, historical, or cultural resources; c. Make an inventory of buildings or structures over 50 years in age located within the project area in a DAHP Historic Property Inventory Database entry; and d. Record archaeological sites located within the project area on DAHP Archaeological Site Inventory Forms. 4. When required, the cultural resources site survey or assessment shall be circulated to DAHP and affected tribe(s). The City Manager shall consider comments from DAHP and affected tribe(s) prior to approval of the survey or assessment. Based on the cultural resources site survey or assessment, the application may be conditioned to ensure that such resources are protected. 5. If archaeological, historic, or cultural resources are inadvertently discovered or uncovered during excavation, the Applicant shall immediately stop work on that portion of the project site and notify the City. The Applicant may be required to prepare a cultural resources site survey or assessment pursuant to SVMC 21.50.280(B)(3), after coordinating with DAHP. Exhibit 1: Ordinance 21-007 Page 26 of 72 21.50.290 Gravel Pits A. Applicability. This section applies to existing and active gravel pit operations including but not limited to known gravel pits located at 2010 North Sullivan Road and 220 North Thierman Road. B. Standards. Active gravel pits are not regulated as Shorelines of the State until reclamation is complete and the Washington State Department of Natural Resources terminates the Surface Mine Reclamation Permit. Proposed subsequent use of mined property shall be consistent with the provisions of the Urban Conservancy Environment unless a different environmental designation is established through an amendment pursuant to WAC 173-26-201. 21.50.300 Specific Shoreline Use Regulations Applicability. The regulations in SVMC 21.50.300 through 21.50.450 apply to specific common uses and types of development to the extent they occur within the shoreline jurisdiction. 21.50.310 Boating Facilities A. Applicability. This section applies to new and existing boating facilities. B. Standards. 1. Boating facilities shall: a. Be allowed only for water-dependent uses or for public access; b. Be limited to the minimum size and height necessary to achieve the intended purpose of the facility; and c. Incorporate measures for cleanup of accidental spills of contaminants. 2. Public boating facilities shall be located only at sites identified in the Public Access Plan. 3. All new boating facilities shall incorporate public access when required by the Public Access Plan and SVMC 21.50.250 herein. 4. New launch ramps shall be approved only if public access is provided to public waters which are not adequately served by existing access facilities because of location or capacity. Documentation of need shall be required from the Applicant prior to approval pursuant to SVMC 21.50.250 Public Access. 5. Existing boating facilities may be maintained and repaired pursuant to SVMC 21.50, provided the size is not increased. 6. In addition to the regulations above, boating facilities shall comply with SVMC 21.50.320 Commercial Use, SMVC 21.50.360 Recreational Development and Use, and SVMC 21.50.430 Piers and Docks, as applicable. 21.50.320 Commercial Use A. Applicability. This section applies to all commercial uses. B. Standards. 1. New non water-oriented commercial uses shall be prohibited, except within the Urban Conservancy Environment, where such uses may be permitted if: a. The use is part of a mixed-use project that includes water-dependent uses; and b. Provides a significant public benefit, such as public access or ecological restoration; or The site is physically separated from the shoreline by another parcel or public right-of-way. Exhibit 1: Ordinance 21-007 Page 27 of 72 2. New commercial uses shall comply with the following criteria: a. Windows, breezeways, and common areas should be oriented towards the shoreline or recreational amenities on the site; b. Buildings should provide at least one main entry that orients toward the shoreline, not including a service entry; c. Architectural features that reduce scale shall be incorporated, such as pitched roofs, offsets, angled facets, and recesses; d, Building surfaces on or adjacent to the water shall employ materials that minimize reflected light; e. Building mechanical equipment, noise generating systems, vents, utility cabinets, and small scale service elements shall be incorporated into building architectural features, such as pitched roofs. Where it is not possible to incorporate into architectural features, a landscaping screen consistent with SVMC 22.70.030(C) shall be utilized; f. Screening and buffering, or other visual screen consistent with the building exterior material and colors, shall be provided that conceals view of such equipment from the shoreline; g. Commercial uses shall be screened from any adjacent residential uses by providing a Type I-Full Screening Buffer pursuant to SVMC 22.70 Fencing, Screening, and Landscaping; h. Landscaping within the shoreline setback area shall incorporate native plant materials; Loading docks and maintenance facilities shall be located away from the shoreline to minimize visual, noise, or physical impacts on the site, street, adjacent public open spaces, and adjacent properties; and j. A site plan and landscaping plan shall be submitted showing all the applicable items listed in SVMC 21.50.320(B)(2). 3. Commercial wireless communication facilities shall not be allowed within the shoreline jurisdiction. 4. Home occupations shall be allowed within the Shoreline Residential - Upland and Shoreline Residential - Waterfront designations pursuant to SVMC 19.40.140 Home Occupations. 21.50.330 Industrial Use A. Applicability. This section applies to all new Industrial uses, including uses involved in processing, manufacturing, assembly, and storage of finished or semi-finished goods and food products. B. Standards. 1. New non water-oriented industrial uses shall be prohibited, except within the Urban Conservancy Environment, where such uses may be permitted if the use is part of a mixed-use project that includes water-dependent use and: a. Provides a significant public benefit such as providing public access and ecological restoration; or b. The site is physically separated from the shoreline by another parcel or public right-of-way. 2. Industrial development shall be located, designed, constructed, and operated to avoid visual impacts to users of the Spokane River and Centennial Trail. 3. New industrial uses shall comply with the requirements of SVMC 21.50.320(B)(2) and (3). Exhibit 1: Ordinance 21-007 Page 28 of 72 4. Noise associated with operations or equipment, including volume, repetitive sound, or beat, shall be muffled or otherwise controlled so that it is not audible at a distance over 30 feet from the landward boundary of a buffer. 21.50.340 In-Stream Structures A. Applicability. This section applies to all projects proposing in-stream structures. B. Standards. 1. In-stream structures shall conform with the requirements of the U.S. Army Corps of Engineers, WDFW, SVMC 21.50.240 Flood Hazard Reduction, SVMC 21.50.270 Water Quality, Stormwater and Non-Point Pollution, SVMC 21.50.410 General Regulations for Specific Shoreline Modifications, and any other applicable federal, state, and local requirements. 2. In-stream structures shall provide for the protection and preservation of ecosystem-wide processes, ecological functions, and cultural resources pursuant to WAC 173-26-241(3)(g). 21.50.350 Parking Facilities A. Applicability. This section applies to all new parking facilities. B. Regulations. 1. A parking facility is permitted only if: a. It directly serves a permitted shoreline use, including the Centennial Trail, direct river access, and use areas; and b. It is not the primary use; for example, it cannot be a stand-alone parking facility. 2. Parking facilities serving individual buildings within the shoreline jurisdiction shall be located: a. Landward from the principal building being served; or b. Within or beneath a structure. 3. Parking facilities shall be screened from the shoreline and less intense adjacent land uses by providing a Type I - Full Screening Buffer pursuant to SVMC 22.70.030(B) Fencing, Screening, and Landscaping. A majority of the plant materials proposed to meet the vegetation mix requirements shall be native plants. 4. Parking shall be pursuant to SVMC 22.50 Off-Street Parking and Loading Standards. 5. Private projects, excluding single-family residential projects, which include public access features shall dedicate parking stalls for public use that are in addition to the number of parking stalls necessary to serve the proposed development pursuant to SVMC 22.50 Off-Street Parking and Loading Standards: a. Projects shall provide and dedicate additional parking for public use. Applicants shall either use a presumptive standard of one additional space for public parking for every 25 parking spaces required to serve the proposed development or provide an assessment of public access need which supports a different ratio. Any proposal to change from this presumptive standard shall be approved by the City Manager, which approval shall be based upon the unique factual circumstances of the development and surrounding shoreline uses; b. Spaces that are dedicated for public use shall be marked with appropriate signage; and Exhibit I: Ordinance 21-007 Page 29 of 72 c. Stalls dedicated for public use shall be near the public access point. 21.50.360 Recreational Development and Use A. Applicability. This section applies to public and commercial shoreline recreational facilities and uses, including but not limited to trails, viewing platforms, swimming areas, boating facilities, docks, and piers. B. Standards. 1. Non water-oriented recreation uses are prohibited in Urban Conservation - High Quality Shorelines except limited public uses that have minimal or low impact on shoreline ecological functions, such as the Centennial Trail and appropriately- scaled day use areas. 2. Water-oriented recreational structures, limited to boat launches, ramps, public docks or piers, commercial docks or piers, and private docks serving more than four residences may be allowed waterward of the shoreline buffer and setback. 3. Water-oriented recreational structures, limited to access routes, boat and equipment storage, viewing platforms, amenities such as benches, picnic tables and similar facilities for water enjoyment uses, including those related to the Centennial Trail shall be allowed within the shoreline buffer and setback area provided: a. Structures are located outside of an Urban Conservancy - High Quality area; b. Structures are not located in, on, or over water; and c. Structure height limit is less than 15 feet. 4. All recreational development shall provide: a. Non-motorized and pedestrian access to the shoreline pursuant to SVMC 21.50.250 Public Access; b. Landscaping, fencing, or signage designed to prevent trespassing onto adjacent properties; c. Signs indicating public right of access to shoreline areas, installed and maintained in conspicuous locations at the point of access and the entrance; and d. Buffering of such development and uses from incompatible adjacent land uses pursuant to SVMC 22.70.030 Screening and Buffering, and Table 22.70-2 - Buffers Required by Type, as applicable. 5. Recreational development and uses shall be pursuant to SVMC 21.50.310 Boating Facilities, SVMC 21.50.320 Commercial Use, and SVMC 21.50.430 Piers and Docks, as applicable. 21.50.370 Residential Development and Use A. Applicability. 1. This section applies to single-family and multi-family structures, lots, and parcels. 2. Residential uses also include accessory dwelling units (ADUs), accessory uses, and structures normally associated with residential uses including, but not limited to, garages, sheds, decks, driveways, fences, swimming pools, hot tubs, saunas, and tennis courts. 3. Clearing, grading, and utilities work associated with residential use are subject to the regulations established for those activities. Exhibit 1: Ordinance 21-007 Page 30 of 72 B. Standards. 1. A Shoreline Substantial Development Permit is not required for construction by an owner, lessee, or contract purchaser of a single-family residence, provided, any such construction of a single-family residence and all accessory structures meet the requirements of the SMP. 2. Residential development, including single-family structures, shall be required to control erosion during construction. Removal of vegetation shall be minimized and any areas disturbed shall be restored to prevent erosion and other impacts to shoreline ecological functions pursuant to SVMC 21.50.260. 3. New residential development, including accessory uses and structures, shall be sited in a manner to avoid the need for structural improvements that protect such structures and uses from steep slopes and shorelines vulnerable to erosion, including bluff walls and other stabilization structures. 4. New over-water residences and floating homes are prohibited. 5. New single-family residential accessory structures, excluding accessory dwelling units, may be located waterward of the shoreline setback provided that all of the following criteria are met: a. The combined building footprint of all accessory structures does not exceed 10 percent of the lot area; b. Structures are located outside of critical areas, their associated buffers, and the shoreline buffer; and c. Structures are set no closer than five feet to any side or rear property line. 6. New attached or detached accessory dwelling units shall: a. Be located landward of the shoreline buffer and outside of all critical areas and their buffers; and b. Be pursuant to SVMC 19.40.100 Accessory Dwelling Unit. 7. New residential developments of four or more lots shall comply with the following requirements: a. The shoreline buffer shall be shown on the plat and permanently marked on the ground with methods approved by the City Manager; b. A site plan shall be provided in conjunction with the building permit application showing the project elements described in SVMC 21.50.370(B)(3); and c. Provide a project narrative describing how the project elements are being met. 8. Exterior lighting associated with single-family residences, such as pathway lighting and lighting directed at landscaping features, is permitted within the setback area so long as it is directed away from the shoreline. 9. Recorded plats shall include language that states that pursuant to SVMC 21.50.230, use and development within the defined shoreline buffer area is prohibited. Title notices shall be recorded with each newly created parcel with the restrictive language. 10. New fences shall meet the requirements of SVMC 22.70 Fencing, Screening and Landscaping. 11. Fences are prohibited in the following areas: a. Shoreline buffers; b. Critical areas; and c. Waterward of the OHWM. Exhibit 1: Ordinance 21-007 Page 31 of 72 21.50.380 Signs and Outdoor Lighting A. Applicability. This section applies to any commercial, industrial, or advertising sign directing attention to a business, professional service, community site, facility, or entertainment conducted or sold, and all outdoor lighting, except those associated with residential use and public street lighting. B. Standards. 1. All signs shall comply with SVMC 22.110 Sign Regulations; variances from these regulations may be granted pursuant to SVMC 21.50.140 Shoreline Variances. 2. Signage, including kiosks and directional signage to commercial uses or recreation areas, related to, or along, the Centennial Trail, is allowed without a Shoreline Substantial Development Permit provided: a. Signage is consistent with the SMP, the City's Parks and Recreation Master Plan, and any applicable master plan of Washington State Parks; and b. Signage proposed within a buffer area shall not: Exceed 15 square feet in area; ii. Exceed six feet in height; iii. Be illuminated unless warranted by safety factors; and iv. A building permit is obtained, if required. 3. Outdoor lighting shall comply with SVMC 22.60 Outdoor Lighting Standards. 4. New permanent outdoor lighting is prohibited within the shoreline buffer. 5. Pedestrian-oriented lighting along walkways and paths shall be allowed within the shoreline setback area if: a. The purpose of the light is safety; b. Lighting structure height is not greater than 12 feet; and c. Lighting fixtures are downward directed and fully shielded. 6. All outdoor lighting shall be oriented away from the shoreline and adjacent uses using directional lighting or shielding. 21.50.390 Transportation Facilities A. Applicability. This section applies to structures and developments that aid in land, air, and water surface movement of people, goods, and services. They include roads and highways, bridges, bikeways, heliports, rail, and other related facilities. Trails are addressed in SVMC 21.50.250 Public Access. B. Standards. 1. New road and bridge construction and expansion of existing roads and bridges shall only be located within the shoreline jurisdiction upon approval by the City Manager when deemed necessary for the good of the community, or when deemed related to, and necessary to support permitted shoreline activities. 2. When allowed, transportation facilities shall be: a. Consistent with an approved private project or applicable City plans, including the City's Transportation Improvement Plan, Public Access Plan and Restoration Plan; b. Located on the landward side of existing structures or uses; and c. Be designed to minimize clearing, grading, and alteration of natural features. Roadway and driveway alignment should follow natural contours and minimize width. 3. To the extent consistent with federal jurisdiction, new rail lines and corridors or expansion of existing rail lines and corridors shall be allowed only for the purpose Exhibit 7: Ordinance 21-007 Page 32 of 72 of connecting to existing rail lines or rights-of-way. New rail lines, including bridges, shall be constructed within existing rail corridors or rights-of-way. 4. To the extent consistent with federal jurisdiction, new rail lines shall be constructed so that they do not compromise the public's ability to access the shoreline safely. 21.50.400 Public Facilities and Utilities A. Applicability. This section applies to all public facilities and utilities. This section does not apply to on-site utility features serving a primary use, such as water, sewer, or gas lines to a development or residence. These utility features are considered "service utilities" and shall be considered part of the primary use. B. Regulations. 1. New public facilities and utilities may only be allowed pursuant to Shoreline Conditional Use permit and if they meet the following conditions: a. Address conflicts with present and planned land and shoreline uses through site design or configuration, buffers, aesthetics, or other methods; and b. Identify the need to site within shoreline jurisdiction and why it is not possible to locate outside of the shoreline jurisdiction. 2. New wastewater and stormwater outfalls shall not be allowed. 3. Routine maintenance, replacement, and minor upgrades of existing utilities shall be allowed; provided that if the activity involves ground disturbance or is located in the Urban Conservancy - High Quality Environment, then such maintenance, replacement, and minor upgrades shall only be allowed by Letter of Exemption. If existing high-quality vegetated areas, as noted in the Shoreline Inventory and Analysis, are disturbed by maintenance activities in Urban Conservancy - High Quality designated shorelines, mitigation pursuant to SVMC 21.50.210 No Net Loss and Mitigation Sequencing, shall be required. 4. Transmission facilities for the conveyance of services, such as power lines, cables, and pipelines, should be located outside of the shoreline jurisdiction. 5. New utility corridors shall be prohibited within the Urban Conservation — High Quality Environment. 6. New over-water utility crossings are allowed within existing utility corridors. 7. New or expanded service utilities shall: a. Be located underground, unless placement underground results in more damage to the shoreline area; b. Utilize low impact, low profile design, and construction methods; and c. Restore any areas disturbed to pre-project configurations, replant with native species, and maintain until the newly planted area is established. 8. Stormwater pipe systems shall not be allowed within the shoreline buffer. 21.50.410 General Regulations for Specific Shoreline Modifications A. Applicability. SVMC 21.50.410 through 21.50.450 apply to all shoreline modifications. Shoreline modification activities are structures, including in-stream structures, or actions that modify the physical configuration or qualities of the shoreline area. B. General shoreline modification standards. 1. All shoreline modification applications shall also comply with: a. SVMC 21.30 Floodplain Regulations; b. SVMC 24.50 Land Disturbing Activities; and Exhibit 1: Ordinance 21-007 Page 33 of 72 c. Integrated Streambank Protection Guidelines (WDFW, Ecology and Transportation, 2003 as adopted or amended). 2. All shoreline modification activities shall ensure that the no net loss of ecological function standard is met. 3. Structural shoreline modifications within the regulated floodplain, geologically hazardous areas, and in-stream shall only be allowed where it can be demonstrated that nonstructural measures are not feasible or the proposed activities are necessary to: a. Support or protect a legally existing shoreline use or primary structure that is in danger of loss or substantial damage; b. Reconfigure the shoreline or channel bed for an allowed water-dependent use; or c. Provide for shoreline mitigation or enhancement purposes. 4. All shoreline modifications within the regulated floodplain and in-stream, with the exception of docks proposed on the Spokane River that are located west of the City of Millwood, shall provide the following: a. Site suitability analysis that justifies the proposed structure; b. A Habitat Management Plan prepared by a Qualified Professional that describes: The anticipated effects of the project on fish and wildlife habitat and migration areas; ii. Provisions for protecting in-stream resources during construction and operation; and iii. Measures to compensate for impacts to resources that cannot be avoided. c. An engineering analysis which evaluates and addresses: The stability of the structure for the required design frequency; ii. Changes in base flood elevation, floodplain width, and flow velocity; iii. The potential for blocking or redirecting the flow which could lead to erosion of other shoreline properties or create an adverse impact to shoreline resources and uses; iv. Methods for maintaining the natural transport of sediment and bedload materials; v. Protection of water quality, public access, and recreation; and vi. Maintenance requirements. 21.50.420 Shoreline/Slope Stabilization A. Applicability. This section applies to shoreline modification activities for shoreline and slope stabilization projects, including structural and nonstructural measures. B. Standards. 1. Nonstructural measures are the preferred method for slope and shoreline stabilization. 2. Nonstructural measures may include building setbacks, relocation of the structure to be protected, groundwater management, and planning and regulatory measures to avoid the need for structural stabilization. 3. Structural stabilization measures may include hard surfaces such as concrete bulkheads or less rigid materials, such as vegetation, biotechnical vegetation measures, and riprap-type stabilization. Exhibit 1: Ordinance 21-007 Page 34 of 72 4. New structural shoreline modifications require a Shoreline Substantial Development Permit. 5. New structural stabilization measures may be allowed under the following circumstances: a. To protect existing primary structures, public facilities and utilities, and the Centennial Trail. Prior to approval, a geotechnical investigation shall: Demonstrate that the structure is in danger from shoreline erosion by currents or waves; and ii. Evaluate on-site drainage and address drainage problems away from the shoreline. b. To protect new non water-dependent uses from erosion, when all of the following apply: The erosion is not being caused by upland conditions; ii. Nonstructural measures are neither feasible nor sufficient; iii. An engineering or scientific analysis demonstrates that damage is caused by natural processes; and iv. The stabilization structure shall incorporate native vegetation and comply with the mitigation sequencing in SVMC 21.50.210 No Net Loss and Mitigation Sequencing. c. To protect water-dependent development from erosion when all of the following apply: The erosion is not being caused by upland conditions; ii. Nonstructural measures are neither feasible nor sufficient; and iii. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. d. To protect restoration and remediation projects when all of the following apply: The project is conducted pursuant to chapter 70.105D RCW Model Toxics Control Act; and ii. Nonstructural measures are neither feasible nor sufficient. 6. Unless otherwise exempt from shoreline permit requirements, replacement of an existing shoreline stabilization structure may be approved with a Shoreline Substantial Development Permit, provided the structure remains in the same location and the outer dimension changes by 10 percent or less. However, a Shoreline Conditional Use Permit shall be required if existing shoreline stabilization measures are relocated or the outer dimension changes by more than 10 percent. 7. All new or replaced structural shoreline stabilization measures shall provide: a. Design plans showing the limits of construction, access to the construction area, details, and cross sections of the proposed stabilization measure, erosion and sediment controls, and re-vegetation of the project area; and b. An engineered report that addresses the purpose of the repair, engineering assumption, and engineering calculations to size the stabilization measure. 8. A replacement structure shall not encroach waterward of the OHWM, unless all of the following apply: a. For residences occupied or constructed prior to January 1, 1992; b. There are overriding safety or environmental concerns; c. The replacement structure shall abut the existing shoreline stabilization structure; and Exhibit I: Ordinance 21-007 Page 35 of 72 d. The Department of Natural Resources has approved, if applicable, the proposed project if it is on state-owned aquatic lands. 21.50.430 Piers and Docks A. Applicability. This section applies to the construction or expansion of piers and docks constructed waterward of the OHWM. B. Standards. 1. Piers and docks designed for pleasure craft only, and for the private noncommercial use of the owner, lessee, or contract purchaser of single and multi-family residences, shall require a Letter of Exemption. Any other dock or pier permitted under the SMP requires a Shoreline Substantial Development Permit. 2. Piers and docks serving more than four residences and public or commercial piers and docks shall comply with SVMC 21.50.310 Boating Facilities. Public or commercial piers and docks shall comply with SVMC 21.50.360 Recreational Development and Uses. 3. New piers and docks shall only be allowed for water-dependent uses or public access. A dock associated with a single-family residence and designed and intended as a facility for access to watercraft is a water-dependent use. 4. New piers and docks shall be the minimum size necessary based upon a needs analysis provided by the Applicant. However, the size shall not exceed 55 feet in length measured perpendicularly from the OHWM. Total deck area shall not exceed 320 square feet. 5. The City may require modifications to the configuration of piers and docks to protect navigation, public use, or ecological functions. 6. Wood treated with toxic compounds shall not be used for decking or for in-water components. 7. Existing legally established docks, piers, or viewing platforms may be repaired or replaced in accordance with the regulations of the SMP, provided the size of the existing structure is not increased. 8. Piers and docks proposed on the Spokane River and located east of the City of Millwood shall comply with SVMC 21.50.410(B)(4) and the following additional criteria: a. The site suitability analysis shall demonstrate that: The river conditions in the proposed location of the dock, including depth and flow conditions, will accommodate the proposed dock and its use; and ii. Any design to address river conditions will not interfere with or adversely affect navigability. b. The Habitat Management Plan for any such docks shall demonstrate that the proposed dock will not result in a net loss of ecological functions, and shall include an analysis of the cumulative impact of additional requests for like actions in the area. 9. A new pier or dock accessory to residential development within the shoreline located east of the City of Millwood, and west of the Centennial Trail Pedestrian Bridge, shall provide joint use or community dock facilities, when feasible, rather than allowing individual docks for each residence. Application materials shall include documentation of the applicant's efforts to explore feasibility of and interest In a joint use dock with owners of any residential lots immediately adjacent to the applicant's sites. Such documentation may include copies of L xhibii l: Ordinance 21-007 Page 36 of 72 certified letters sent to owners of the immediately adjacent properties listed on title. Any proposal for a joint use dock shall include in the application materials a legally enforceable joint use agreement or other legal instrument, notice of which must be recorded against title of the properties sharing the dock prior to dock construction. The joint use agreement shall, at a minimum, address the following: a. Apportionment of construction and maintenance expenses; b. Easements and liability agreements; and c. Use restrictions. 21.50.440 Dredging and Fill A. Applicability. This section applies to shoreline modification activities for projects or uses proposing dredging, dredge material disposal, or fill waterward of the OHWM. B. Regulations. 1. Dredging and dredge material disposal is prohibited unless associated with a comprehensive flood management solution, an environmental cleanup plan, a habitat restoration, fish enhancement project, or when considered suitable under, and conducted in accordance with, the Dredged Material Management Program of the Washington State Department of Natural Resources. These projects require a Shoreline Conditional Use Permit. 2. Fill shall be allowed only when necessary to support the following uses (a Shoreline Conditional Use Permit is required unless stated otherwise): a. Water-dependent uses; b. Public access; c. Cleanup and disposal of contaminated sediments as part of an interagency environmental cleanup plan; these proposals may be exempt from a shoreline permit of any type by the Model Toxics Control Act; d. Expansion or alteration of transportation facilities. These proposals shall also demonstrate that alternatives to fill are not feasible and require a Shoreline Substantial Development Permit; e. A mitigation action; and f. An environmental restoration or enhancement project. 21.50.450 Shoreline Habitat and Natural Systems Enhancement Projects A. Applicability. This section applies to all shoreline habitat and natural system enhancement projects. B. Standards. 1. Shoreline habitat and natural systems enhancement projects are encouraged. These projects shall: a. Obtain a Shoreline Substantial Development Permit or a Letter of Exemption; b. Demonstrate that the main project purpose is enhancing or restoring the shoreline natural character and ecological functions by establishing the restoration needs and priorities; and c. Implement the restoration plan developed pursuant to WAC 173-26- 201(2)(f) and with applicable federal and state permit provisions. 2. Relief procedures for shoreline restoration projects. Exhibit I: Ordinance 21-007 Page 37 of 72 a. The City may grant relief from SMP development standards and use regulations resulting from shoreline restoration projects within urban growth areas consistent with criteria and procedures in WAC 173-27-215. Article III. Shoreline Critical Areas Regulations 21.50.460 General - Shoreline Critical Areas Regulations - Applicability A. SVMC 21.50.460 through 21.50.560 apply to critical areas and their buffers that are completely within the shoreline jurisdiction as well as critical areas and their buffers located within, but extending beyond the mapped shoreline jurisdiction boundary. Regulated critical areas include: wetlands, Critical Aquifer Recharge Areas (CARAs), Fish and Wildlife Habitat Conservation Areas (FWHCAs), geologically hazardous areas, and frequently flooded areas, pursuant to WAC 173-26-221(2) and (3), and WAC 365- 196-485. B. This section applies to all uses, activities, and structures within the shoreline jurisdiction of the City, whether or not a shoreline permit or other authorization is required. No person, company, agency, or other entity shall alter a critical area or its associated buffer within the shoreline jurisdiction except as consistent with the purposes and requirements of the SMP. 21.50.470 Maps and Inventories A. The approximate location and extent of known critical areas are depicted on the Critical Areas and Priority Habitats Map updated and maintained by the Community Development Department. The Critical Areas and Priority Habitats Map is a reference tool, not an official designation or delineation. The exact location of a critical area boundary shall be determined through field investigation by a Qualified Professional. B. In addition to the Critical Areas and Priority Habitats Map, City staff may review additional reference materials to determine whether a proposed development has the potential to affect a critical area within the shoreline jurisdiction. Reference materials may include, but are not limited to the following as adopted or amended: 1. Natural Resources Conservation Service (NRCS) Soil Survey for Spokane County, Washington, 2012; 2. USGS 7.5 Minute Series Digital Elevation Model; 3. FEMA Flood Insurance Rate Maps for Spokane County, Washington and Incorporated Areas, July 6, 2010; 4. USFWS National Wetlands Inventory; 5. Aerial photos; 6. WDFW Priority Habitats and Species and Wildlife Heritage Maps and Data; and 7. City critical area designation maps. 21.50.480 Exemptions from Critical Area Review and Reporting Requirements A. Activities exempt from critical area review and reporting requirements shall ensure no net loss of shoreline ecological functions pursuant to SVMC 21.50.210. Exempt activities shall be conducted consistent with performance standards identified in SVMC 21.50.180 through 21.50.450, including mitigation sequencing. B. Any incidental damage to or alteration of a critical area or their buffers resulting from exempt activities shall be restored, rehabilitated, or replaced at the expense of the responsible party within one growing season. Exhibit 1: Ordinance. 21-007 Page 38 of 72 C. The following activities are exempt from critical area review and reporting requirements: 1. Conservation or enhancement of native vegetation. 2. Outdoor recreational activities which do not involve disturbance of the resource or site area, including fishing, hunting, bird watching, hiking, horseback riding, bicycling, and natural trail use. 3. Education, scientific research, and surveying. 4. Normal and routine maintenance and repair of: a. Legally-constructed existing irrigation and drainage ditches, utility lines and right-of-way, and appurtenances; b. Facilities within an existing right-of-way and existing serviceable structures or improved areas, not including expansion, change in character or scope, or construction of a maintenance road. The exemption includes the necessary vegetation management that keeps the existing right-of-way clear from hazard trees; and c. State or City parks, including noxious weed control and removal of hazard trees where the potential for harm to humans exists. 5. Emergency construction necessary to protect property from damage by the elements. 6. Routine maintenance, repair, and minor modifications (such as construction of a balcony or second story) of existing structures where the modification does not extend the structure further into or adversely impact the functions of the critical area. 7. In Category III or IV wetlands only, stormwater dispersion outfalls and bioinfiltration swales located within the outer 25 percent of the buffer provided that no other location is feasible. 21.50.490 Critical Area Review A. All clearing, uses, modifications, or development activities within a shoreline critical area or its buffer shall be subject to review under SVMC 21.50 unless specifically exempted under SVMC 21.50.480. B. Applicant shall identify in the application materials the presence of any known or suspected critical areas on or within 200 feet of the property line. C. If the proposed project is within or adjacent to a critical area, or is likely to create a net loss of shoreline ecological functions necessary to sustain a critical area, the City shall: 1. Require and review a critical area report for each applicable critical area; and 2. Determine if the proposed project adequately addresses and mitigates impacts to the critical area and is consistent with the requirements of the SMP. 21.50.500 Critical Area Report Requirements for all Critical Areas A. When required by SVMC 21.50.490(C), the Applicant shall submit a critical area report subject to the requirements of this section and any additional reporting requirements for each critical area, as applicable. B. Critical area reports for two or more types of critical areas shall meet the report requirements for each relevant type of critical area. C. All critical area assessments, investigations, and reports shall be completed by a Qualified Professional. Exhibit !: Ordinance 21-007 Page 39 of 72 D. At a minimum, all critical area reports shall contain the following: 1. The name and contact information of the Applicant, a description of the proposal, and identification of the permit(s) requested; 2. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site; 3. A statement from the Qualified Professional certifying that the report meets the critical area requirements; 4. A description of the nature, density, and intensity of the proposed use or activity in sufficient detail to allow analysis of such proposal upon identified critical area; 5. List of all references used and all assumptions made and relied upon; 6. A scaled site plan showing: a. Critical areas and their buffers; b. Ordinary high water mark; c. Proposed and existing structures and related infrastructure; d. Clearing and grading limits; e. Impervious surfaces; f. Location of temporary and/or permanent construction signage and fencing to protect critical areas and their buffers; g. Topographic contours at two foot intervals; h. Fill and material storage locations; Proposed and existing drainage facilities and stormwater flow arrows; and j. Title, date, scale, north arrow, and legend; 7. Identification and characterization of all critical areas, water bodies, and critical areas associated with buffers located on site, adjacent to, and within 200 feet of proposed project areas. If buffers for two contiguous critical areas overlap (such as buffers for a stream and a wetland), the wider buffer shall apply; 8. A mitigation plan which contains a description of the application of mitigation sequencing and offsetting of impacts pursuant to SVMC 21.50.210 No Net Loss and Mitigation Sequencing; 9. Erosion and sediment control plan and drainage plan, as applicable for conformance with SVMC 24.50; 10. Cost estimate for required mitigation when a financial surety is required pursuant to SVMC 21.50.510; 11. A discussion of the performance standards applicable to the critical area and proposed activity; and 12. Monitoring plan pursuant to SVMC 21.50.510(D) when mitigation is required. E. The City Manager may modify the required contents or the scope of the required critical area report to adequately evaluate the potential impacts and required mitigation. This may include requiring more or less information and addressing only that part of a site affected by a development proposal. 21.50.610 Mitigation A. Applicants shall follow the mitigation sequencing put forth in SVMC 21.50.210 No Net Loss Mitigation and Sequencing. B. All impacts to critical areas and their buffers likely to result in a net loss of shoreline ecological functions necessary to sustain the critical area shall be mitigated consistent with appropriate state and federal guidelines. Exhibit 1: Ordinance 21-007 Page 40 of 72 C. Unless specifically addressed in specific critical area sections, compensatory mitigation may be provided by any of the following means, in order of preference: 1. Except as provided in SVMC 21.50.510(C)(2)(a), adverse critical area impacts shall be mitigated on or contiguous to the development site through resource expansion, enhancement, protection, or restoration. 2. Off-site mitigation. a. Off-site mitigation may be allowed if an Applicant demonstrates that mitigation on or contiguous to the development proposal site cannot be achieved and that off-site mitigation will achieve equivalent or greater ecological functions. b. When off-site mitigation is authorized, priority shall be given to the following locations within the same drainage sub-basin as the project site: Mitigation banking sites and resource mitigation reserves. ii. Private mitigation sites that are established in compliance with the requirements of SVMC 21.50.510(C)(2) and approved by the City Manager. iii. Offsite mitigation consistent with Selecting Wetland Mitigation Sites Using a Watershed Approach (Eastern Washington) (Publication #10-06-07, Olympia, WA, November 2010 as adopted or amended). c. The City Manager shall maintain a list of known sites available for use for off-site mitigation projects. 3. Title notices shall be recorded against the affected parcels for on-site mitigation, and easements shall be recorded for off-site mitigation, to avoid impacts from future development or alteration to the function of the mitigation. The mitigation site shall be permanently preserved. D. Monitoring. 1. The Applicant shall monitor the performance of any required mitigation and submit performance monitoring reports, as specified in the applicable permit conditions. 2. When required, the monitoring plan shall: a. Demonstrate compliance with the provisions of the SMP and specific permits and approvals; b. Describe the objectives and methods for monitoring and quantifying; c. Provide results with an estimate of statistical precision; d. Identify the length of monitoring and reporting requirements; e. Recommend management actions based upon the monitoring results; and f. Address the length of the mitigation consistent with the following: Mitigation monitoring shall be required for a minimum of two years for temporary impact restoration and up to 10 years for compensatory mitigation; and ii. If the mitigation objectives are not obtained within the initial monitoring period, the Applicant shall remain responsible for restoration of the natural values and functions until the mitigation goals agreed to in the mitigation plan are achieved. Ex/?ibl! 1: Ordinance 21-007 Page 41 of 72 E. Sureties. 1. Performance and maintenance sureties shall be required from all private persons and entities required to provide mitigation and a maintenance plan. 2. The performance surety shall be in substantially the same form as provided for in the City's Street Standards as adopted or amended. 3. A performance surety shall be submitted prior to issuance of a Shoreline Substantial Development, Conditional Use Permit, or Grading Permit. The surety shall include costs to cover for construction and vegetation, annual maintenance for a five-year period, and a 25 percent contingency fee. 4. The performance surety shall be released when the following conditions have been met: a. The installation of the required mitigation is approved by the City; and b. The Applicant has submitted a warranty surety pursuant to SVMC 21.50.510(E)(5). 5. All projects with required mitigation shall submit a warranty surety to ensure the success of the mitigation project before certificate of occupancy, final plat approval, or as required by the City. The warranty surety shall be for 40 percent of the total mitigation construction and planting costs and annual maintenance/ monitoring for five years, including but not limited to: costs for the maintenance and replacement of dead or dying plant materials; failures due to site preparation, plant materials, construction materials; installation oversight, monitoring, reporting, and contingency actions expected through the end of the required monitoring period. 6. The warranty surety shall remain in effect for five years from the release of the performance surety or a timeframe as otherwise determined by the City Manager. The Applicant shall have a Qualified Professional inspect the mitigation site within 30 days of the expiration of the warranty. Any deficiencies noted shall be repaired prior to the release of the surety. If the inspection is not conducted and/or the deficiencies are not repaired, the warranty surety shall be renewed by the Applicant until all deficiencies are corrected. The City shall conduct an inspection prior to releasing the warranty surety. 7. If any deficiencies identified while the warranty surety is in effect are not corrected in the time frame specified by the City Manager, the City may choose to conduct the necessary repairs. The City shall then either invoice the Applicant or collect from the surety for all costs for the related work, plus a $500 administrative fee. F. The City Manager may approve alternative mitigation provided such mitigation is based on the most current, accurate, and complete scientific or technical information available and provides an equivalent or better level of protection of shoreline ecological functions than would be provided by the strict application of the SVMC 21.50. The City Manager shall consider the following for approval of an alternative mitigation proposal: 1. The Applicant proposes creating or enhancing a larger system of natural areas and open space in lieu of preserving many individual habitat areas. 2. There is clear potential for success of the proposed mitigation at the proposed site. 3. The approved plan contains clear and measurable standards for achieving compliance with the specific provisions of the plan. Exhibit I: Ordinance 21-007 Page 42 of 72 21.50.620 Wetlands - Shoreline Critical Area Regulations A. Applicability. This section applies to all clearing, uses, modifications, or development activities within or adjacent to wetlands, unless specifically exempted by SVMC 21.50.480. B. Delineation and classification. 1. Delineation. Wetland identification and delineation of wetland boundaries shall be determined by a qualified professional through a field investigation based on the protocols of the 1987 U.S. Army Corps of Engineers Delineation Manual and applicable regional supplement, as adopted by Washington State Department of Ecology (Ecology) and as hereafter amended. Wetland delineations are valid for five years, after which the City shall determine whether a boundary verification study or additional assessment is necessary. 2. Classification. a. Wetlands shall be rated pursuant to the Ecology wetland rating system as set forth in the Washington State Wetland Rating System for Eastern Washington (Ecology Publication No. 14-06-030, or as amended and approved by Ecology), which contains the definitions and methods for determining wetland categorical ranking and scores based on functions and values, b. Categories. Wetland categories are defined as follows: Category I: perform functions at very high levels as evidenced by scoring between 22 and 27 points on Ecology's wetland rating system; includes alkali wetlands, bogs, and forests with stands of aspen. ii. Category II: provide high levels of some functions, with a rating score between 19 and 21 points; difficult, though not impossible, to replace; includes forested wetlands in the floodplains of rivers, mature and old-growth forested wetlands over one-quarter acre in size with fast-growing trees, and vernal pools. iii. Category III: provide a moderate level of functions, with a rating score between 16 and 18 points; can be adequately replaced with a well-planned mitigation project. iv. Category IV: provide lowest level of functions, with a rating score less than 16 points; often heavily disturbed but may provide some important functions including groundwater recharge and the removal of pollutants from surface water. C. Wetland buffer areas. 1. Wetland buffer areas shall be required adjacent to all wetlands except isolated Category IV wetlands less than 1,000 square feet that: a. Are not associated with riparian areas or buffers; b. Are not part of a wetland mosaic (a patchwork of nearby, small wetlands); c. Do not contain habitat identified as essential for local populations of priority species identified by WDFW or Natural Heritage plant species identified by the DNR; d. Are not a vernal pool; e. Are not an alkali wetland; and f. Do not contain aspen stands. Exhibit 1: Ordinance 21-007 Page 43 of 72 2. Wetland buffers shall apply to any wetland created, restored, or enhanced as compensation for approved wetland alterations in the same manner as natural wetlands. 3. Except as otherwise specified or allowed in SVMC 21.50.520(C), wetland buffers shall be retained in their natural condition. Where buffer disturbances have occurred before or during construction, revegetation with native vegetation and restoration of the hydrologic condition shall be required. 4. Buffer widths. a. All buffers widths shall be measured perpendicularly from the wetland boundary. b. The width of the wetland buffer area shall be determined pursuant to Table 21.50-5 based upon the associated wetland category and impact intensity category of the proposed use. Widths shall be increased pursuant to SVMC 21.50.520(C)(4)(c) and may be reduced pursuant to SVMC 21.50.520(C)(4)(d). Wetland categories shall be assigned in accordance with SVMC 21.050.520(B)(2) and consistent with Ecology's Wetlands in Washington State, Volume 2; Protecting and Managing Wetlands, Guidance on Buffers and Ratios (Appendix 8-D), as may be amended. Land use intensity shall be determined as follows (uses not specifically listed shall be considered based upon the most similar use listed): Table 21.50-4: Wetland Impact Intensity Categories Impact Intensity Category (Impact Types of Land Use from Proposed Change in Land Use) High Impact Commercial, industrial, and institutional Residential (more than one unit/acre) High-intensity recreation (golf courses, ball fields, etc.) Moderate Impact Residential (one unit/acre or less) Moderate-intensity active open space (parks with biking, jogging, etc.) Paved trails Utility corridor with access/maintenance road Low Impact Passive open space (hiking, bird-watching, etc.) Unpaved trails Utility corridor without road or vegetation management Exhibit I: Ordinance 21-007 Page 44 of 72 Table 21.50-5: Standard Wetland Buffer Widths Wetland Minimum Buffer Width (in feet) Category Low Impact Moderate Impact High Impact 125 190 250 II 100 150 200 III 75 110 150 IV 25 40 50 c. Increase in Standard Wetland Buffer Width. If the land adjacent to a wetland has an average slope of 30 percent or more, the minimum buffer width shall either: (1) Be extended one and one-half times; or (2) Extend to the upper break in slope (where the slope gradient is less than 30 percent for 20 feet or more perpendicular to the wetland, whichever is less). d. Reduction of Standard Wetland Buffer Width. The standard wetland buffer width for wetlands may be reduced to the next, lower land use intensity buffer width (e.g., from high to moderate), or reduced by no more than 25 percent if: (1) A relatively undisturbed vegetative corridor of at least 100 feet in width is protected between the wetland and any other priority habitats and the corridor is preserved by means of easement or covenant; or (2) All measures identified in Table 21.50-6 are taken to minimize the impact of any proposed land use. Table 21.50-6: Wetland Impact Minimization Measures Disturbance Required Measures to Minimize impacts Lights • Direct lights away from wetland. Noise • Locate activity that generates noise away from wetland. • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source. • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10-foot- wide, heavily vegetated buffer strip immediately adjacent to the outer wetland buffer. Chemical Use • Establish covenants limiting use of pesticides within 150 feet of wetland. • Apply integrated pest management. Exhibit 1: Ordinance 21-007 Page 45 of 72 Disturbance Required Measures to Minimize Impacts Stormwater runoff • Route all untreated runoff away from wetland while ensuring wetland is not dewatered. • Retrofit older stormwater facilities to meet current standards. • Prevent channelized flow that directly enters the buffer. • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns. Pets and human disturbance • Use privacy fencing or plant dense, thorny vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the City. Dust • Use best management practices to control dust. Disruption of corridors or • Maintain connections to off-site areas that are connections undisturbed. • Restore corridors or connections to off-site habitats by replanting. Vegetation alteration • Protect and maintain native plant communities in buffers. e. Standard Buffer Width Averaging. Standard wetland buffer width may be averaged (reduced in width near a parcel or development but widened elsewhere along the parcel or development to retain the overall area of the standard wetland buffer) if all of the following conditions are met: (1) The buffer is increased adjacent to the higher-functioning area of habitat or more sensitive portion of the wetland, and decreased adjacent to the lower-functioning or less sensitive portion; (2) The total area of the buffer after averaging is equal to the area required without averaging; and (3) The buffer at its narrowest point is never less than either 75 percent of the standard buffer width. D. Signs and fencing. 1. Temporary. a. The outer perimeter of wetland buffers and the clearing limits shall fenced to ensure that no unauthorized intrusion will occur during construction. Temporary fencing shall be designed and installed to effectively prevent construction and related impacts. b. Temporary signs and fencing shall be placed prior to beginning permitted activities and maintained throughout construction. 2. Permanent. Exhibit 1: Ordinance 21-007 Page 46 of 72 a. The City Manager may require installation of permanent signs and/or fencing along the boundary of a wetland or buffer where public or high traffic pedestrian uses may occur to protect critical areas. b. Where required, permanent signs shall be made of an enamel-coated metal face and attached to a metal post or another nontreated material of equal durability. Signs shall be posted at an interval not less than one per lot or every 50 feet, whichever is less, and shall be maintained in perpetuity by the property owner. Any modification of the location or materials required for permanent signs shall be approved by the City Manager. The obligation to maintain permanent signs shall be recorded against the property in a form acceptable to the City. c. The signs shall be worded with language approved by the City Manager. d. Permanent fence shall be installed and maintained around the wetland buffer when domestic grazing animals are present or may be introduced on site. e. Fencing shall be constructed in a manner that minimizes impacts to the wetland and associated habitat and designed to not interfere with species migration, including fish runs. Fencing materials shall not be made or treated with toxic chemicals. E. Wetland Mitigation. 1. Mitigation Ratios. a. Impacts resulting from alteration to wetlands shall be mitigated using the ratios specified below: Table 21.50-7: Wetland Mitigation Area Ratios' Category of Creation or Wetland Reestablishment Rehabilitation Enhancement Category I 4:1 8:1 16:1 Category II 3:1 6:1 12:1 Category III 2:1 4:1 8:1 Category IV 1.5:1 3:1 6:1 ' Refer to Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance, (Ecology Publication No. 06-06-011 a, March 2006), for further information on wetland creation, reestablishment, rehabilitation, and enhancement. b. Impacts to buffers shall be mitigated at a 1:1 ratio. Only vegetated buffer areas may be included in mitigation calculations. Lawns, walkways, driveways, and other mowed or developed areas shall be excluded from buffer area calculations. c. Credit/Debit Method. As an alternative to the mitigation ratios provided in SVMC 21.50.520(E), the City Manager may allow mitigation based on the "credit/debit" method developed by the Ecology in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Eastern Washington: Final Report (Ecology Publication No. 11-06-015, August 2012, as adopted or as amended). Exhibit I. Ordinance 21-007 Page 47 of 72 2. Off-Site Mitigation. a. Wetland mitigation may be permitted off site if the primary drainage basin will not be substantially damaged by the loss of affected wetland hydrologic, water quality, or habitat functions as determined by a qualified professional; and On-site mitigation is not scientifically feasible due to problems with hydrology, soils, or other factors such as other potentially adverse impacts from surrounding land uses; ii. Existing functions off site are significantly greater than lost wetland functional values; or iii. Goals for flood storage, flood conveyance, habitat, or other wetland functions have been established and off-site mitigation is strongly justified by meeting such goals. b. Wetland Mitigation Banks and Fee-in-Lieu Programs. Credits from a wetland mitigation bank or fee-in-lieu program may be approved as off-site mitigation for unavoidable impacts to wetlands when: (1) The bank or fee-in-lieu program is certified under state rules; (2) The City Manager determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and (3) The proposed use of credits is consistent with the terms and conditions of the certified bank instrument. ii. Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the certified bank instrument. iii. Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the certified bank instrument. In some cases, the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions. The use of bank credits out of the established service area of the nearest available bank must be approved by the City, WDFW, and Ecology. iv. When applying fora wetland mitigation bank or fee-in-lieu program, the applicant shall prepare a wetland mitigation bank credit use plan that documents consistency with these criteria and shows how the identified wetland type and associated functions will be compensated for by purchase of the credits. 3. Design. a. Design of wetland mitigation projects shall be appropriate for its landscape position. Compensatory mitigation shall result in the creation, restoration, or enhancement of a wetland that matches the geomorphic setting of the site. b. The design of a wetland that has a different Cowardin or hydrogeomorphic classification than the impacted wetland may be justified if supported by a demonstrated need for, or scarcity of, the wetland type being designed. 4. Timing. a. To minimize temporal loss of wetland ecological functions, compensatory mitigation shall be completed prior to activities that disturb wetlands where feasible. Exhibit 1: Ordinance 21-007 Page 48 of 72 b. Where mitigation cannot be completed prior to wetland impacts, compensatory mitigation shall be completed immediately following disturbance and prior to use or occupancy of the action or development. c. Understanding that construction of mitigation projects should be timed to reduce impacts to existing fisheries, wildlife, and flora, the City Manager may authorize a delay of mitigation when the applicant provides a compelling written rationale for the delay with recommendations from a qualified wetland professional. In such cases, the delay shall not: Create or perpetuate hazardous conditions; ii. Create environmental damage or degradation; or iii. Be injurious to the health, safety, or general welfare of the public. F. Additional critical area report requirements for wetlands. In addition to the critical area report requirements in SVMC 21.50.500, wetland reports shall include the following: 1. Documentation of any fieldwork performed on the site, including but not limited to field data sheets for delineations, function assessments, ratings, or baseline hydrologic data; 2. A description of the methodologies used to conduct the wetland delineations, function assessments, or impact analyses including references; 3. For each wetland identified on site, adjacent to and within 200 feet of the project site, provide: a. Required buffers; b. Wetland rating, hydrogeomorphic classification, Cowardin classification of vegetation communities, on-site wetland acreage, and ecological function of the wetland and buffer based on a professional survey from the field delineation. All assessments shall be based on entire wetland complexes, not only the portion present on the proposed project site; c. Estimates of acreage and boundary for the entire wetland area where portions of the wetland extend off site; d. Description of habitat elements; e. Soil conditions based on site assessment and soil survey information; and f. To the extent possible, hydrologic information such as location and condition of inlet/outlets (if they can be legally accessed), estimated water depths within the wetland, and estimated hydroperiod patterns based on visual cues (e.g., algal mats, drift lines, flood debris); 4. A description of the proposed actions and survey and an analysis of site development alternatives, including a no-development alternative; 5. An assessment of the probable impacts to the wetlands and buffers resulting from the proposed development, including: a. An estimation of acreages of impacts to wetlands and buffers based on the field delineation; b. Impacts associated with anticipated hydroperiod alterations from the project; and c. Impacted wetland functions; 6. A description of how mitigation sequencing was applied pursuant to SVMC 21.50.210, No Net Loss and Mitigation Sequencing; 7. A discussion of mitigation measures, proposed to preserve existing wetlands and restore any wetlands that were degraded by the current proposed land-use activity; 8. Methods to protect and enhance on-site habitat and wetland functions; 9. A site plan, drawn to scale, with the following information: Exhibit 1: Ordinance 21-007 Page 49 of 72 a. Delineated wetland(s) and required buffer(s) for on-site wetlands as well as off-site critical areas that extend onto the project site; b. Areas of proposed impacts to wetlands and/or buffers (include square footage estimates); and c. Proposed stormwater management facilities and outlets for the development, including estimated areas of intrusion into the buffers of any critical areas; and 10. A mitigation plan, if required. a. The plan shall address mitigation site selection criteria and goals and objectives in relation to the functions and values of the impacted critical area. Details in the mitigation plan shall include, but not be limited to: The proposed construction method, sequence, timing, and duration; ii. Grading and excavation details; iii. Erosion and sediment control features; iv. Dates for beginning and completion of mitigation activities; v. A planting plan, if applicable, specifying plant species, quantities, locations, size, spacing, and density; and measures to protect and maintain plants until established; and vi. Detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. b. The mitigation plan shall include a monitoring plan to ensure success of the mitigation plan. The plan shall conform to the monitoring requirements outlined in SVMC 21.50.510. 21.50.530 Critical Aquifer Recharge Areas - Shoreline Critical Area Regulations A. Applicability. This section applies to the following developments and uses when proposed within designated CARAs: 1. Underground and aboveground storage tanks; 2. Vehicle repair and service uses, including automobile washers; 3. Chemical treatment, storage, and disposal facilities; 4. Hazardous waste generating uses; 5. Injection wells, not including Class V or injection wells for stormwater management; 6. Junk and salvage yards; 7. On-site sewage systems; 8. Solid waste handling and recycling facilities; 9. Surface mines; 10. Uses of hazardous substances, other than household chemicals for domestic applications; 11. Projects having the potential to adversely impact groundwater; and 12. Work within a wellhead protection area. B. Designation and classification. 1. CARAs are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2). CARAs have prevailing geologic conditions associated with infiltration rates that create a high potential Exhibit l: Ordinance 21-007 Page 50 of 72 for contamination of ground water resources or contribute significantly to the replenishment of ground water. 2. Aquifer recharge areas are rated as having a high, moderate, or low susceptibility based on a scientific analysis of soils, hydraulic conductivity, annual rainfall, the depth to aquifers, the importance of the vadose zone, and wellhead protection information. The entire shoreline jurisdiction, as well as the entire City, is identified as a high susceptibility CARA. C. Performance standards. The uses listed in Table 21.50-8 shall be conditioned as necessary to protect CARAs in accordance with the applicable state and federal regulations. Table 21.50-8: Statutes, Regulations, and Guidance Pertaining to Ground Water Impacting Activities Activity Statute— Regulation — Guidance Above Ground Storage Tanks WAC 173-303-640 WAC 173-216; Best Management Practices Manual for Vehicle and Equipment Washwater Automobile Washers Discharges(WQ-R-95-056) Below Ground Storage Tanks WAC 173-360 Chemical Treatment Storage and Disposal Facilities WAC 173-303-300 Hazardous Waste Generator (Boat Repair Shops, Biological Research Facility, Dry Cleaners, Furniture Stripping, Motor Vehicle Service Garages, Photographic Processing, Printing and Publishing Shops, etc.) WAC 173-303-300 Injection Wells 40 CFR Parts 144 and 146;WAC 173-218 Vehicle and Metal Recycles —A Guide for Implementing the Industrial Stormwater Junk Yards and Salvage Yards General NPDES Permit Requirements (94-146) On-Site Sewage Systems (Large Scale) WAC 246-272B On-Site Sewage Systems (< 14,500 gal/day) WAC 246-272A, Local Health Ordinances Solid Waste Handling and Recycling Facilities WAC 173-304 Surface Mining WAC 332-18 Additional performance standards for storage tanks that store hazardous substances or waste. All storage tanks shall: 1. Comply with Title 24 SVMC Building Code and fire department requirements; 2. Use material in the construction or lining of the tank that is compatible with the substance to be stored; 3. Not allow the release of a hazardous substance to the ground, groundwater, or surface water; 4. Prevent releases due to corrosion or structural failure for the operational life of the tank; and 5. Be protected against corrosion and constructed of noncorrosive material or steel clad with a noncorrosive material. Exhibit 1: Ordinance 21-007 Page 51 of 72 D, All new underground storage tanks shall include a built-in secondary containment system that prevents the release or threatened release of any stored substances. E. All new aboveground storage tanks shall include a secondary containment structure and meet either of the criteria below: 1. If the secondary containment is built into the tank structure, the tank shall be placed over a sealed impervious pad surrounded with a dike. The impervious pad/dike shall be sized to contain the 10-year storm if exposed to the weather; or 2. If the tank is single walled, the tank shall be placed over a sealed impervious pad surrounded with a dike. The impervious pad/dike shall have the capacity to contain 110 percent of the largest tank plus the 10-year storm if exposed to the weather. F. Additional performance standards for vehicle repair and servicing. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. G. Additional standards for chemical storage. 1. All chemicals used shall be stored in a manner that protects them from weather. Secondary containment shall be provided. On-site disposal of any critical material or hazardous waste shall be prohibited. 2. All developments and uses shall provide a narrative and plan to show how development complies with the regulations and performance standards in SVMC 21.50.530(C-F), or prepare a hydrogeological assessment in accordance with SVMC 21,50.530(H). 3. Proposed developments and uses that are unable to satisfy the performance standards in SVMC 21.50.530(C-F), shall submit a hydrogeological assessment report. H. In addition to the critical area report requirements in SVMC 21.50.500, hydrogeological assessments shall include: 1. Available geologic and hydrogeological characteristics of the site, including groundwater depth, flow direction, gradient, and permeability of the unsaturated zone; 2. Discussion of the effects of the proposed project on groundwater quality and quantity; 3. A spill plan that identifies equipment and/or structures that could fail, resulting in an impact. Spill plans shall include provisions for regular inspection, repair, replacement of structures and equipment that could fail, and mitigation and cleanup in the event of a spill; and 4. Best management practices proposed to be utilized. 21.50.540 Fish and Wildlife Habitat Conservation Areas - Shoreline Critical Area Regulations A. This section applies to all clearing, uses, modifications, or development activities within designated fish and wildlife habitat conservation areas (FWHCAs) and associated buffers. B. Designation. All areas meeting one or more of the following criteria, regardless of any formal identification, are hereby designated FWHCAs: Exhibit 1: Ordinance 21-007 Page 52 of 72 1. The shoreline buffer as mapped by the City, which protects riparian habitat, and the waters and land underneath the Spokane River are FWHCAs. The City protects shoreline functions of these through the Shoreline Buffer established in SVMC 21.50.230 and the vegetation conservation standards in SVMC 21.50.260. 2. Areas where the following species and/or habitats have a primary association: a. Federally designated endangered and threatened species. The U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service shall be consulted for current listing status. b. State-designated endangered, threatened, and sensitive species pursuant to WAC 232-12-014 (state endangered species) and WAC 232- 12-011 (state threatened and sensitive species). The WDFW maintains the most current listing and shall be consulted for current listing status. c. State priority habitats and areas associated with state priority species. Priority habitats and species (PHS) are managed by the WDFW. Priority habitat maps are amended from time to time by WDFW. Within the City, priority habitats include wetlands, open waterways, riparian areas, urban open space, and the habitat associated with individual native species. Priority habitat data is included in the City's Fish and Wildlife Habitat Critical Areas Map. 3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from upland areas for mitigation purposes. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as stormwater treatment or detention facilities, wastewater treatment facilities, temporary construction ponds, and landscape amenities. To distinguish between ponds and wetlands, refer to current state or federal definitions and guidance. 4. Ponds or lakes artificially created as a result of mining once mining is complete and the mine reclamation plan has been implemented and deemed complete by DNR. 5. Waters of the State. Waters of the state include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses, including wetlands, within the jurisdiction of the state of Washington, as classified in WAC 222-16-030. Water type classifications are as follows: a. "Type S water" means all waters, within their bankable width, as inventoried as "shorelines of the state" pursuant to chapter 90.58 RCW and the rules promulgated pursuant to chapter 90.58 RCW including periodically inundated areas of their associated wetlands. Type S waters have mean annual flows averaging 20 or more cubic feet per second. b. "Type F water" means segments of natural waters other than Type S waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of one-half acre or greater at seasonal low water and which in any case contain fish habitat or are described by one of the following four categories: Waters that are diverted for domestic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the City to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type F water upstream from the point of such Exhibit 1: Ordinance 21-007 Page 53 of 72 diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less. ii. Waters that are diverted for use by federal, state, tribal, or private fish hatcheries. Such waters shall be considered Type F water upstream from the point of diversion for 1,500 feet, including tributaries, if highly significant for protection of downstream water quality. The City may allow additional harvest beyond the requirements of Type F water designation provided the City determines, after a landowner-requested on-site assessment by the WDFW, Ecology, the affected tribes, and interested parties that: (1) The management practices proposed by the landowner adequately protect water quality for the fish hatchery; and (2) Such additional harvest meets the requirements of the water type designation that would apply in the absence of the hatchery. iii. Waters that are within a federal, state, local, or private campground having more than 10 camping units, provided that the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within 100 feet of a camping unit, trail, or other park improvement. iv. Riverine ponds, wall-based channels, and other channel features that are used by fish for off-channel habitat. These areas are critical to the maintenance of optimum survival of fish. This habitat shall be identified based on the following criteria: (1) The site is connected to a fish habitat stream and accessible during some period of the year; and (2) The off-channel water is accessible to fish. c. "Type Np water" means all segments of natural waters within the bankfull width of defined channels that are perennial non-fish habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type Np waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations then Type Np waters begin at a point along the channel where the contributing basin area is at least 300 acres. d. "Type Ns water" means all segments of natural waters within the bankfull width of the defined channels that are not Type S, F, or Np waters. These are seasonal, nonfish habitat streams in which surface flow is not present for at least some portion of a year of normal rainfall and that are not located downstream from any stream reach that is a Type Np water, Type Ns waters must be physically connected by an aboveground channel system to Type S, F, or Np waters. 6. State Natural Area Preserves and Natural Resource Conservation Areas. Natural area preserves and natural resource conservation areas are defined, established, and managed by the DNR. 7. Areas of Rare Plant Species and High Quality Ecosystems. Areas of rare plant species and high quality ecosystems are identified by the DNR through the Natural Heritage Program. Exhibit I: Ordinance 21-007 Page 54«f 72 8. Lands designated on state, regional, or local government agency plans (e.g. parks or transportation) as useful or essential for preserving connections between habitat blocks and open spaces. C. Habitat Buffers and Riparian Management Zones, 1. Buffers to protect state- or federally designated sensitive wildlife FWHCAs shall be based on the recommendations of a FWHCA critical area report prepared by a qualified professional pursuant to SVMC 21.50.540(F). Habitat buffers shall not exceed 100 horizontal feet from the edge of the FWHCA. 2. Riparian Management Zones for Waters of the State. a. Designation. Riparian management zones (RMZs) are based on the water type classification as described in SVMC 21.50.540(B). RMZs are measured perpendicular to the ordinary high water line or bankfull channel width boundary of a delineated stream. RMZ widths are summarized as follows: Table 21.50-9. Riparian Management Zones Buffer Widths 'Stream Classification RMZ Width Type S — Shorelines of the state See SVMC 21.50.230 • Type F— Natural waters not classified as 150' shorelines of the state with fish (e.g. Chester and Saltese Creeks) Type Np— Non-fish, perennial 50' Type Ns— Non-fish, seasonal 30' b. RMZ Requirements. RMZs shall be retained or maintained in a natural condition, and vegetation within RMZs shall be conserved as feasible to provide shade, habitat, and water quality functions for the associated stream. ii. Where activities are proposed within a RMZ, mitigation measures shall be specified in a habitat management plan and may include but are not limited to one or more of the following: (1) Fencing of riparian buffer area to protect remaining vegetation; (2) Non-native/noxious weed removal and maintenance; and/or (3) Enhancement of RMZ through planting of native vegetation. iii. Proposed pedestrian/bike trails shall demonstrate though best available science that the location and width of the trail minimizes any adverse impacts on habitat and that measures to reduce effects during construction are implemented. iv. Off-road motorized vehicle use in riparian management zones is prohibited. Exhibit 1: Ordinance 21-007 Page 55 of 72 D. Performance standards. All development and uses shall be prohibited within FWHCAs and their buffers except when they are in accordance with this subsection (SVMC 21.50.540(D)). 1. No Net Loss. A FWHCA buffer may be altered only if the proposed alteration of the habitat or the mitigation proposed does not create a net loss of the quantitative and qualitative shoreline ecological functions necessary to sustain the FWHCA. 2. No plant, wildlife, or fish species not indigenous to the region shall be introduced into a FWHCA unless authorized by a state or federal permit or approval. 3. Contiguous functioning habitat corridors are preferred to minimize the isolating effects of development on habitat areas. 4. Vegetation. a. Vegetation shall be maintained in its natural state and shall be disturbed only as minimally necessary for the development. b. Riparian vegetation shall not be removed unless there are no other alternatives available, as documented in a habitat management plan prepared by a qualified professional. When it is necessary, only those areas of vegetation that are absolutely unavoidable may be cleared, and shall be re-vegetated with natural riparian vegetation as soon as possible. 5. The subdivision and short subdivision of land shall comply with the following provisions: a. Plat area that is located wholly within a FWHCA or its buffer may not be subdivided; b. Plat area that is located partially within a FWHCA or its buffer may be divided; provided, that an accessible and contiguous portion of each new lot is located outside of the habitat conservation area or its buffer; and c. Access roads and utilities serving the proposal may be permitted within the FWHCA and associated buffers only if the City determines that no other feasible alternative exists and when consistent with Chapter 21.50 SVMC. 6. A project may be conditioned to minimize or mitigate any potential adverse impacts. Conditions may include, but are not limited to, the following: a. Establishment of buffer zones; b. Preservation of critically important vegetation, including requirements for re-vegetation of disturbed areas with native plants; c. Vegetation screenings to reduce the potential for harassment from people and/or domesticated animals; d. Limitation of access to the habitat area during critical times of the year; e. Fencing to protect wildlife and deter unauthorized access; f. Dedication of all or part of the required open space to fish and wildlife habitat conservation; and g. Seasonal restriction of construction activities. 7. FWHCAs with endangered, threatened, or sensitive species. a. No development shall be allowed within a FWHCA or buffer where state or federal endangered, threatened, or sensitive species have a primary association without state and federal consultation and approval from WDFW and USFWS, respectively. b. Approval for alteration of land or activities adjacent to a FWHCA having a primary association with state or federally endangered, threatened, or sensitive species shall not occur prior to consultation with the WDFW. Exhibit 1: Ordinance 21-007 Page 56 of 72 c. Bald eagle habitat shall be protected consistent with the federal Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act, which may require coordination with the USFWS. E. Fish and wildlife habitat mitigation. 1. When necessary, fish and wildlife habitat mitigation shall be documented in a habitat management plan (See SVMC 21.50.540(F)(1)). 2. Mitigation sites shall be located: a. Preferably to achieve contiguous functioning habitat corridors that minimize the isolating effects of development on habitat areas; and b. Within the same aquatic ecosystem as the FWHCA disturbed. 3. Where available, irrigation shall be installed for the mitigation plantings to ensure survival during the first two years of plant growth. 4. Landscaping plans shall be informed by local reference riparian and shrub- steppe vegetation conditions and be prepared by a qualified professional or landscape architect. Only native vegetation may be used in habitat mitigation plans, excluding sterile vegetation used for temporary erosion control. 5. Mitigation shall be installed no later than the next growing season after completion of site improvements, unless otherwise approved by the City Manager. 6. Mitigation sites shall be maintained to ensure that the mitigation and management plan objectives are successful. a. Maintenance shall include corrective actions to rectify problems, include rigorous, as-needed elimination of undesirable plants; protection of shrubs and small trees from herbivory and competition by grasses and herbaceous plants; and repair and replacement of any dead woody plants. b. Areas proposed for mitigation shall be maintained so they have no more than 20 percent total plant cover consisting of invasive species. Invasive species include any species on the state noxious weed list. 7. Monitoring Required. An applicant shall monitor the performance of any required mitigation and submit performance monitoring reports annually to the City. a. Mitigation sites shall be monitored for a period of time appropriate to the proposed mitigation as determined in a habitat management plan prepared by a qualified professional. b. At the end of the monitoring period, the qualified professional shall be required to verify that the conditions of approval and provisions in the habitat management plan have been satisfied. c. Mitigation planting survival shall be 100 percent for the first year and 80 percent for each subsequent year. d. If the final annual monitoring report clearly demonstrates that the site has achieved all goals and objectives set forth in the approved habitat management plan, the applicant shall be released from additional mitigation obligations. If, however, performance objectives are not met, additional maintenance, adaptive management, and performance monitoring shall be required until all objectives are met. F. Additional critical area report requirements for FWHCAs. 1. Report Contents. In addition to the critical area report requirements in SVMC 21.50.500, FWHCA reports shall include: a. Habitat assessment, including: Exhibit I: Ordinance 21-007 Page 57 of 72 Detailed description of vegetation on and adjacent to the project area; ii. Identification of any species of local importance, PHS, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species; iii. A discussion of any federal, state, or local special management. recommendations, including WDFW habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area; iv. A discussion of measures, including mitigation sequencing, proposed to preserve existing habitats or restore any habitat that was degraded prior to the current proposed land use activity; and v. A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs. b. Habitat Management Plan. Any proposal in a FWHCA or within one- quarter mile of a priority species den or nest site shall provide a habitat management plan which includes at least the following: A plan, drawn to scale, that identifies: (1) The location of the proposed site; (2) The relationship of the site to surrounding topography and developed areas; (3) The nature and intensity of the proposed use or activity; (4) Proposed improvement(s) locations and arrangements; (5) The location of the ordinary high water mark, shoreline jurisdiction, and RMZ boundary lines; (6) The legal description and the total acreage of the parcel; (7) Existing structures and landscape features including the name and location of all waters within 300 feet of the proposal; and (8) The location of priority habitat types or priority species point locations within one-quarter mile of the proposal. ii. An analysis of the effect of the proposed use or activity upon FWHCAs or associated species and riparian habitat area. iii. A mitigation plan that may include, but is not limited to: (1) Establishment of perpetual buffer areas; (2) Preservation and/or restoration of native flora; (3) Limitation of access to habitat area; (4) Seasonal restriction of construction activities; (5) Clustering of development and preservation of open space; (6) Signs marking habitats or habitat buffer areas; (7) Use of low impact development techniques; (8) Recorded deed, plat, binding site plan, or planned unit development covenant, condition, or restriction legally establishing a riparian FWHCA for subject property; (9) Conservation or preservation easements; and (10) Dedication or conveyance of title of a riparian habitat area to a public entity for the purpose of conservation. E.vhibii I: Ordinance 21-007 Page 58 of'72 iv. A summary of consultation with the WDFW. if the habitat management plan recommends mitigation involving federally listed threatened or endangered species, migratory waterfowl, or wetlands, the USFWS shall receive a copy of the draft habitat management plan and their review comments shall be included in the final report. The City Manager shall have the authority to approve habitat management plans or require additional information. 2. Conditions established by an approved habitat management plan shall be included as a condition of approval for a permit. 21.50.550 Geologically Hazardous Areas - Shoreline Critical Area Regulations A. Applicability. 1. This section applies to all uses, activities, and structures within designated geologically hazardous areas. 2. Applications for development within the shoreline jurisdiction shall identify if it is located within a geohazard area as designated on the City Critical Areas and Priority Habitats Map. The City Manager may require additional information based on the criteria in SVMC 21.50.550 to identify unmapped geohazards if application material and/or a site visit indicate the potential for geohazard. B. Designation and classification. 1. Areas susceptible to erosion, sliding earthquake, or other geological events are designated geologically hazardous areas in accordance with WAC 365-190-120, Geologically Hazardous Areas. 2. Categories. a. Erosion hazard areas are identified by the NRCS as having a "moderate to severe," "severe," or "very severe" rill and inter-rill erosion hazard. Erosion hazard areas also include areas with slopes greater than 15 percent. b. Landslide hazard areas are subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of bedrock, soil, slope, slope aspect, structure, hydrology, or other factors and include the following: Areas of historic failures, including: (1) Areas delineated by the NRCS as having a significant limitation for building site development; and (2) Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the United States Geological Survey or WDNR; ii. Areas with all of the following characteristics: (1) Slopes steeper than 15 percent; (2) Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and (3) Springs or groundwater seepage; iii. Areas that have shown movement during the holocene epoch (from 10,000 years ago to the present) or which are underlain or covered by mass wastage debris of this epoch; Exhibit 1: Ordinance 21-007 Page 59 of 72 iv. Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials; v. Slopes having gradients steeper than 80 percent subject to rock fall during seismic shaking; vi. Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action, including stream channel migration zones; vii. Areas that show evidence of, or are at risk from snow avalanches; viii. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and ix. Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of bedrock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief. c. Seismic hazard areas are subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement or subsidence, soil liquefaction, or surface faulting. One indicator of potential for future earthquake damage is a record of past earthquake damage. C. Standards applicable to all geologic hazard areas. 1. Any development or uses proposed within 50 feet of a geologic hazard area shall prepare a critical areas report satisfying the general critical area report requirements in SVMC 21.50.500 and the additional standards for Geologic Hazard Areas in SVMC 21.50.550(E). 2. Development or uses within geologically hazardous areas or associated buffers shall only be allowed when the proposed development or use: a. Does not increase the threat of the geological hazard to adjacent properties beyond pre-development conditions; b. Does not adversely impact other critical areas; c. Is designed so that the hazard is eliminated or mitigated to a level equal to or less than pre development conditions; and d. Is determined to be safe as designed and under anticipated conditions by a Qualified Professional. 3. New development that requires structural shoreline stabilization over the life of the development is prohibited, except in instances where: a. Stabilization is necessary to protect allowed uses consistent with SVMC 21.50.420(B)(5); b. No alternative locations are available; c. Shoreline modifications do not negatively affect other critical areas pursuant to SVMC 21.50.460; and d. Stabilization measures conform to WAC 173-26-231, Shoreline Modifications. D. Standards applicable to erosion and landslide hazard areas. 1. Development within an Erosion or Landslide Hazard Area and/or buffer shall be designed to meet the following basic requirements unless it can be demonstrated that an alternative design that deviates from one or more of these standards provides greater long-term slope stability while meeting all other provisions of the Exhibit 1; Ordinance 21-007 Page 60 of 72 SMP. The requirement for long-term slope stability shall exclude designs that require regular and periodic maintenance to maintain their level of function: a. Development shall not decrease the factor of safety for landslide occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. Analysis of dynamic conditions shall be based on a minimum horizontal acceleration as established by the Uniform Building Code as adopted or amended; b. Structures and improvements shall be clustered to avoid geologically hazardous areas and other critical areas; c. Structures and improvements shall minimize alterations to the natural contour of the slope and foundations shall be tiered where possible to conform to existing topography; d. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation; e. The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties; f. The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes; and g. Development shall be designed to minimize impervious lot coverage. 2. Buffers from all edges of Erosion or Landslide Hazard Areas. a. The minimum buffer shall be equal to the height of the slope or 50 feet, whichever is greater. b. The buffer may be reduced to a minimum of 10 feet when a Qualified Professional demonstrates that the reduction will adequately protect the proposed development, adjacent developments and uses, and the subject critical area. c. The buffer may be increased where the City Manager determines a larger buffer is necessary to prevent risk of damage to proposed and existing development. 3. Removal of vegetation from an Erosion or Landslide Hazard Area and/or buffer shall be prohibited unless as part of an approved alteration plan consistent with SVMC 21.50.260 Shoreline Vegetation Conservation. 4. New utility lines and pipes shall be permitted only when the Applicant demonstrates that no other practical alternative is available. The line or pipe shall be located above ground and properly anchored and/or designed so that it will continue to function in the event of an underlying slide. 5. Stormwater conveyance shall be allowed only when the pipe design includes a high-density polyethylene pipe with fuse-welded joints, or similar product that is technically equal or superior. 6. New point discharges from drainage facilities and roof drains onto or upstream from Erosion or Landslide Hazard Areas shall be prohibited except as follows: a. If it is conveyed via continuous storm pipe downslope to a point where there are no erosion hazards areas downstream from the discharge; b. If it is discharged at flow durations matching pre-developed conditions, with adequate energy dissipation, into existing channels that previously conveyed stormwater runoff in the pre-developed state; or c. If it is dispersed or discharged upsiope of the steep slope onto a low- gradient undisturbed buffer demonstrated to be adequate to infiltrate all surface and stormwater runoff, and where it can be demonstrated that such discharge will not increase the saturation of the slope. Exhibit I: Ordinance 21-007 Page 61 of 72 7. Division of land in Erosion or Landslide Hazard Areas and associated buffers is subject to the following: a. Land that is located wholly within a designated Erosion or Landslide Hazard Area or an associated buffer shall not be subdivided. b. Land that is located partially within a designated Erosion or Landslide Hazard Area or an associated buffer may be subdivided, provided that each resulting lot has sufficient buildable area outside of the Erosion or Landslide Hazard Area and buffer to accommodate reasonable development without impacting the critical area or requiring structural stabilization consistent with SVMC 21.50.180(B)(5) General Provisions. c. Access roads and utilities may be permitted within an Erosion or Landslide Hazard Area and associated buffers if the City determines that no other feasible alternative exists. 8. On-site sewage disposal systems, including drain fields, shall be prohibited within Erosion or Landslide Hazard Areas and associated buffers. E. Additional critical areas report requirements for geologically hazardous areas reports. In addition to the critical area report requirements in SVMC 21.50.500, geologically hazardous area reports shall include: 1. A site plan showing the following: a. The location of springs, seeps, or other surface expressions of groundwater on or within 200 feet of the project area or that have potential to be affected by the proposal; b. The topography, in two-foot contours, of the project area and all hazard areas addressed in the report; and c. The following additional information for a proposal impacting an Erosion Hazard or Landslide Hazard Area: The height of slope, slope gradient, and cross section of the project area; ii. Stormwater runoff disposal location and flow patterns; and iii. The location and description of surface water runoff. 2. A geotechnical study that addresses the geologic characteristics and engineering properties of the soils, sediments, and/or rock of the project area and potentially affected adjacent properties, including: a. A description of the surface and subsurface geology, hydrology, soils, and vegetation found in the project area and in all hazard areas addressed in the report; b. A detailed overview of the field investigations; published data and references; data and conclusions from past assessments of the site; and site specific measurements, test, investigations, or studies that support the identification of geologically hazardous areas; c. Site history regarding landslides, erosion, and prior grading; d. A description of the vulnerability of the site to seismic and other geologic events; e. Proposals impacting an Erosion or Landslide Hazard Area shall include the following additional information: A description of the extent and type of vegetative cover; ii. An estimate of load capacity including surface and groundwater conditions, public and private sewage disposal systems, fills and excavations, and all structural development; Exhibit 1: Ordinance 21-007 Page 62 of 72 iii. An estimate of slope stability and the effect construction and placement of structures will have on the slope over the estimated life of the structure; iv. An estimate of the bluff retreat rate that recognizes and reflects potential catastrophic events such as seismic activity or a 100 year storm event; v. Consideration of the run-out hazard of landslide debris and/or the impacts of landslide run-out on down slope properties; vi. A study of slope stability including an analysis of proposed angles of cut and fill, and site grading; vii. Recommendations for building limitations, structural foundations, and an estimate of foundation settlement; and viii. An analysis of proposed surface and subsurface drainage, and the vulnerability of the site to erosion; f. A detailed description of the project, its relationship to the geologic hazard(s), and its potential impact upon the hazard area, the subject property, and affected adjacent properties; g. Recommendations for the minimum no-disturbance buffer and minimum building setback from any geologic hazard based upon the geotechnical analysis; h. A mitigation plan addressing how the activity maintains or reduces the pre-existing level of risk to the site and adjacent properties on a long-term basis (equal to or exceeding the projected lifespan of the activity or occupation); Proposals impacting an Erosion or Landslide Hazard Area shall include the following additional information: An erosion and sediment control plan prepared in compliance with requirements set forth in SVMC 22.150 Stormwater Management Regulations; and ii. Drainage plan for the collection, transport, treatment, discharge, and recycle of water; j. Location and methods of drainage, surface water management, locations and methods of erosion control, a vegetation management and replanting plan, or other means for maintaining long-term soil stability; and k. A plan and schedule to monitor stormwater runoff discharges from the site shall be included if there is a significant risk of damage to downstream receiving waters due to: Potential erosion from the site; ii. The size of the project; or iii. The proximity to or the sensitivity of the receiving waters. 3. A geotechnical report, prepared within the last five years for a specific site, and where the proposed land use activity and surrounding site conditions are unchanged, may be incorporated into the required critical area report. The Applicant shall submit a geotechnical assessment detailing any changed environmental conditions associated with the site. 21.50.560 Frequently Flooded Areas - Shoreline Critical Area Regulations A. Incorporation and applicability. SVMC 21.30 Floodplain Regulations are incorporated by reference herein and apply to all uses, activities, and structures within frequently flooded areas. Exhibit I: Ordinance 21--007 Page 63 of 72 B. Additional critical areas report requirements for frequently flooded areas. In addition to the critical area report requirements in SVMC 21.50.500, critical area reports for frequently flooded areas shall include: 1. A site plan showing: a. All areas of a special flood hazard within 200 feet of the project area, as indicated on the flood insurance map(s); b. Floodplain (100-year flood elevation), 10- and 50-year flood elevations, floodway, other critical areas, buffers, and shoreline areas; and c. Elevation of the lowest floor (including basement) of all structures, and the level to which any nonresidential structure has been flood proofed. Alterations of natural watercourses shall be avoided, if feasible. If unavoidable, the critical area report shall include: A description of and plan showing the extent to which a watercourse will be altered or relocated; ii. A maintenance plan that provides maintenance practices for the altered or relocated portion of the watercourse to ensure that the flood carrying capacity is not diminished and downstream or upstream properties are not impacted; and iii. A description of how the proposed watercourse alteration complies with the requirements of FWHCAs, the SMP, and other applicable state or federal permit requirements. Exhibit 1: Ordinance 21-007 Page 64 of 72 Appendix A-1 Shoreline Master Program Definitions A. General Provisions. The definitions provided herein are supplemental to the definitions provided in Appendix A and only apply for use with the City's SMP, including chapter 21.50 Spokane Valley Municipal Code (SVMC). Solely for purposes of the City's SMP, if a conflict exists between these definitions and definitions in Appendix A, the definitions in Appendix A-1 shall govern. The definition of any word or phrase not listed in Appendix A-1 which is ambiguous when administering the SMP shall be defined by the City's Community Development Director, or his/her designee, from the following sources in the order listed: 1. Any City of Spokane Valley resolution, ordinance, code, or regulation; 2. Any statute or regulation of the State of Washington; 3. Legal definitions from the Hearings Board, from Washington common law, or the most recently adopted Black's Law Dictionary; or 4. The most recently-adopted Webster's New Collegiate Dictionary. B. Definitions. Accessory or appurtenant structures: A structure that is necessarily connected to the use and enjoyment of a single-family residence, including garages, sheds, decks, driveways, utilities, fences, swimming pools, hot tubs, saunas, tennis courts, installation of a septic tank and drainfield, and grading which does not exceed 250 cubic yards and does not involve placement of fill in any wetland or waterward of the OHWM. Agricultural activities: Relating to the science or art of cultivating soil or producing crops to be used or consumed directly or indirectly by man or livestock, or raising of livestock. The term has the full meaning as set forth in WAC 173-26-020(3)(a) as adopted or amended. Amendment: A revision, update, addition, deletion, and/or reenactment to an existing SMP. Applicant: A person who files an application for permit under the SMP and may be the owner of the land on which the proposed activity would be located, a contract purchaser, or the authorized agent of such a person. Aquaculture: The culture or farming of fish, shellfish, or other aquatic plants and animals. Associated wetlands: Those wetlands (see "Wetlands" definition) that are in proximity to and either influence, or are influenced by, a lake or stream subject to the SMA. Average grade level: The average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure; provided that in case of structures to be built over water, average grade level shall be the elevation of OHWM. Calculation of the average grade level shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. Best Management Practices (BMPs): Site-specific design strategies, techniques, technologies, conservation and maintenance practices, or systems of practices and management measures that minimize adverse impacts from the development or use of a site. Bioengineering: Project designs or construction methods which use living plant material or a combination of living plant material and natural or synthetic materials to establish a complex root grid within the bank which is resistant to erosion, provides bank stability, and promotes a healthy riparian environment. Bioengineering approaches may include use of wood structures or clean angular rock to provide stability. Exhibit 1: Ordinance 21-007 Page 65 of 72 Boating facilities: Boating facilities include boat launches, ramps, public docks, commercial docks, and private docks serving more than four residences, together with accessory uses such as Americans with Disabilities Act-compliant access routes, boat and equipment storage, user amenities such as benches and picnic tables, and restroom facilities. Buffer or Shoreline buffer: The horizontal distance from the OHWM or critical area which is established to preserve shoreline or critical area functions by limiting or restricting development. See Appendix A-2, Shoreline Buffers Map. Permitted development and activities within buffers depend on the type of critical area or resource land the buffer is protecting. Clearing: The destruction or removal of ground cover, shrubs, and trees including, but not limited to, root material removal and/or topsoil removal. Commercial uses: Those uses that are involved in wholesale, retail, service, and business trade. Examples of commercial uses include restaurants, offices, and retail shops. Conditional use: A use, project, or substantial development which is classified as a conditional use or is not classified within the SMP. Degrade: To impair with respect to some physical or environmental property or to reduce in structure or function. Development: A use consisting of the construction or exterior alteration of structures; dredging; drilling; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the SMA at any stage of water level. 'Development" does not include dismantling or removing structures if there is no other associated development or re-development. Development regulations: The controls placed on development or land uses by the City, including, but not limited to, zoning ordinances, building codes, critical areas ordinances, all portions of the SMP other than goals and policies approved or adopted under chapter 90.58 ROW, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. Dock: A floating platform over water used for moorage of recreational or commercial watercraft. Dredging: The removal of sediment, earth, or gravel from the bottom of a body of water, for the deepening of navigational channels, to mine the sediment materials, to restore water bodies, for flood control, or for cleanup of polluted sediments. Ecological functions or Shoreline functions: The work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. Ecology: Washington State Department of Ecology. Ecosystem-wide process: The suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. Enhancement: Alteration of an existing resource to improve its ecological function without degrading other existing functions. Exemption or Exempt development: Exempt developments are those set forth in WAC 173- 27-040 and RCW 90.58.030(3)(e), ROW 90.58.140(9), RCW 90.58.147, RCW 90.58.355, and RCW 90.58.515. See also "Shoreline exemption, letter of". Exhibit l: Ordinance 21-007 Page 66 of 72 Feasible: An action, such as a project, mitigation measure, or preservation requirement, which meets all of the following conditions: 1. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; 2. The action provides a reasonable likelihood of achieving its intended purpose; 3. The action does not physically preclude achieving the project's intended legal use; and 4. In cases where the SMP requires certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action's infeasibility, the City may weigh the action's relative public costs and public benefits, considered in the short- and long-term time frames. Fill: The addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. Depositing topsoil in a dry upland area for landscaping purposes is not considered a fill. Rood hazard reduction: Measures taken to reduce flood damage or hazards. Flood hazard reduction measures may consist of nonstructural measures, such as setbacks, land use controls, wetland restoration, dike removal, use relocation, biotechnical measures, and stormwater management programs, and of structural measures, such as dikes, levees, revetments, floodwalls, channel realignment, and elevation of structures consistent with the National Flood Insurance Program. Footprint: That area defined by the outside face of the exterior walls of a structure. Forest practices: Any activity relating to growing, harvesting, or processing timber, including, but not limited to, uses defined in RCW 76.09.020. Grading: The movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. Habitat: The place or type of site where a plant or animal lives and grows. Habitat enhancement: Actions performed within an existing shoreline, critical area, or buffer to intentionally increase or augment one or more ecological functions or values, such as increasing aquatic and riparian plant diversity or cover, increasing structural complexity, installing environmentally compatible erosion controls, or removing non-indigenous plant or animal species. Hearings Board: The Shoreline Hearings Board established by the SMA. Height: Height is measured from average grade level to the highest point of a structure; provided that television antennas, chimneys, and similar appurtenances shall not be used in calculating height; provided further that temporary construction equipment is excluded from this calculation. In-stream structure: A structure placed by humans within a stream or river waterward of the OHWM that either causes or has the potential to cause water impoundment or cause the diversion, obstruction, or modification of water flow. In-stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, recreation, or other purpose. Industrial uses: Facilities for processing, manufacturing, fabrication, assembly, and storage of finished or semi-finished products. Exhibit I: Ordinance 21-007 Page 67 of 72 Landward: To, or towards, the land in a direction away from a water body. May: The action is acceptable, provided it conforms to the provisions of this SMP. Mining: The removal of sand, gravel, soil, minerals, and other earth materials for commercial and other uses. Mitigation or Mitigation sequencing: To avoid, minimize, or compensate for adverse impacts. Native: For the purposes of this SMP, "native" means a plant or animal species that naturally occurs in Spokane County, or occurred in Spokane County at the time of Euro-American exploration and settlement, beginning in the early 19th century. No net loss: The standard for protection of shoreline ecological functions established in ROW 36.70A.480 as adopted or amended, and as that standard is interpreted on an on-going basis by courts, the Growth Management Hearings Board, or the Hearings Board. The concept of"no net loss" as used herein, recognizes that any use or development has potential or actual, short-term or long-term impacts which may diminish ecological function and that through application of appropriate development standards and employment of mitigation measures in accordance with mitigation sequencing, those impacts will be addressed in a manner necessary to assure that the end result will not cumulatively diminish the shoreline resources and values as they currently exist. Where uses or development that impact ecological functions are necessary to achieve other objectives of RCW 90.58.020, the no net loss standard protects to the greatest extent feasible existing ecological functions and favors avoidance of new impacts to habitat and ecological functions before implementing other measures designed to achieve no net loss of ecological functions. Nonconforming lot: means a legally established lot that met dimensional requirements of the applicable master program at the time of its establishment but now contains less than the required width, depth, or area due to subsequent changes to the master program. Nonconforming structure: A structure within shoreline jurisdiction which was lawfully constructed or established within the application process prior to the effective date of the SMA or the SMP, or amendments thereto, but which does not conform to present regulations or standards of the SMP. Nonconforming use: A shoreline use which was lawfully established or established within the application process prior to the effective date of the SMA or the SMP, or amendments thereto, but which does not conform to present regulations or standards of the SMP. Non water-oriented uses: Any uses that are not water-dependent, water-related, or water- enjoyment as defined by the SMP. Off-site mitigation: To replace wetlands or other shoreline environmental resources away from the site on which a resource has been impacted by an activity. Ordinary high water mark (OHWM): The mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the City, provided that in any area where the OHWM cannot be found, the OHWM adjoining freshwater shall be the line of mean high water. Pier: A fixed platform over water used for moorage of recreational or commercial watercraft. Priority habitats and species: Habitats and species designated by the Washington Department of Fish and Wildlife as requiring protective measures for their survival due to population status, Exhibit 1: Ordinance 21-007 Page 68 of 72 sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance. Priority species include State Endangered, Threatened, Sensitive, and Candidate species; animal aggregations (such as bat colonies) considered vulnerable; and species of recreational, commercial, or tribal importance that are vulnerable. Washington Department of Fish and Wildlife maintains maps of known locations of priority habitats and species in Washington State. Provisions: Policies, regulations, standards, guideline criteria, or environment designations. Public access: The ability of the general public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. Public facilities: Facilities and structures, operated for public purpose and benefit, including, but not limited to, solid waste handling and disposal, water transmission lines, sewage treatment facilities and mains, power generating and transfer facilities, gas distribution lines and storage facilities, stormwater mains, and wastewater treatment facilities. Qualified professional: A person who, in the opinion of the Director, has appropriate education, training and experience in the applicable field to generate a report or study required in this SMP. For reports related to wetlands, this means a certified professional wetland scientist or a non-certified professional wetland scientist with a minimum of five years' experience in the field of wetland science and with experience preparing wetland reports. 2. For reports related to critical aquifer recharge areas, this means a hydrogeologist, geologist, or engineer, who is licensed in the State of Washington and has experience preparing hydrogeologic assessments. 3. For reports related to fish and wildlife habitat conservation areas this means a biologist with experience preparing reports for the relevant type of habitat. 4. For reports related to geologically hazardous areas this means a geotechnical engineer or geologist, licensed in the State of Washington, with experience analyzing geologic, hydrologic, and ground water flow systems. 5. For reports related to frequently flooded areas this means a hydrologist or engineer, licensed in the State of Washington with experience in preparing flood hazard assessments. 6. For reports related to cultural and archaeological resources and historic preservation, this means a professional archaeologist or historic preservation professional. RCW: Revised Code of Washington. Recreational use: Commercial and public facilities designed and used to provide recreational opportunities to the public. Residential use: Uses for residential purpose. Restore, restoration, or ecological restoration: The reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures, and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions. Riparian area: The interface area between land and a river or stream. The area includes plant and wildlife habitats and communities along the river margins and banks. Exhibit 1: Ordinance 21-007 Page 69 of 72 Setback or shoreline setback: The minimum required distance between a structure and the shoreline buffer that is to remain free of structures. Shall: An action that is mandatory and not discretionary. Shorelands or shoreland areas: Those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the OHWM; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands associated with the streams and lakes which are subject to the provisions of the SMA and the SMP; all of which will be designated as to location by Ecology. Shoreline exemption, letter of: Documentation provided by the City that proposed development qualifies as an Exempt Development (as that term is defined herein) and that the proposed development is consistent with chapter 21.50 SVMC and other local and state requirements, including the State Environmental Policy Act as adopted or amended when applicable. Shoreline jurisdiction and shoreline areas: All "shorelines of the state" and "shorelands". Shoreline Management Act (SMA): The Shoreline Management Act of 1971 as set forth in chapter 90.58 RCW as adopted or amended. Shoreline Master Program (SMP): The comprehensive use plan applicable to the shorelines of the state within the City, including the use regulations, together with maps, goals and policies, and standards developed in accordance with the policies enunciated in RCW 90.58.020. Shoreline modifications: Those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals. Shoreline permit(s): Means any substantial development, variance, conditional use permit, or revision authorized under chapter 21.50 SVMC and chapter 90.58 RCW. Shoreline stabilization: Actions taken to prevent or mitigate erosion impacts to property or structures caused by shoreline processes such as currents, floods, or wind action. Shoreline stabilization includes, but is not limited to, structural armoring approaches such as bulkheads, bulkhead alternatives, and nonstructural approaches such as bioengineering. Shoreline substantial development permit: A permit required by the SMP for substantial development within the shoreline jurisdiction. Shorelines: All of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them, except (a) shorelines of statewide significance; (b) shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and (c) shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. Shorelines of statewide significance: Has the meaning as set forth in RCW 90.58.030(2)(f) as adopted or amended. Shorelines of the state: The total of all "shorelines" and "shorelines of statewide significance" within the state. Should: An action which is required unless there is a demonstrated, compelling reason based on policy of the SMA and the SMP, against taking the action. Substantial development: Any development of which the total cost or fair market value exceeds $6,416, or any development which materially interferes with the normal public use of the water or Exhibit I. Ordiaa, e 21-007 Page 70 of 72 shorelines of the state. The current thresholds will be adjusted for inflation by the State Office of Financial Management every five years, beginning from July 1, 2007. Temporary impact: Impacts to a critical area that are less than one year and expected to be restored following construction. Transportation facilities: Facilities consisting of the means and equipment necessary for the movement of passengers or goods. Upland: Generally described as the dry land area above and landward of the OHWM. Utilities: Services and facilities that produce, convey, store or process power, gas, sewage, water, stormwater, communications, oil, and waste. Variance: A process to grant relief from the specific bulk, dimensional, or performance standards through submission of a shoreline variance. A variance is not a means to change the allowed use of a shoreline. Viewing platform: A platform located landward of the OHWM used for viewing pleasure. WAC: Washington Administrative Code. Water-dependent use: A use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations. Water-enjoyment use: A recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Water-oriented use: A use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses. Water quality: The physical characteristics of water within the shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Water quantity: The flow rate and/or flow volume of stormwater or surface water. Where used in the SMP, the term "water quantity" refers to uses and/or structures regulated under the SMP affecting water quantity, such as impermeable surfaces and stormwater handling practices. Water quantity, for purposes of the SMP, does not mean the withdrawal of groundwater or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340. Water-related use: A use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: 1. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or 2. The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient. Wetlands: Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence Exhibit I. Ordinance 21-007 Page 71 of 72 of vegetation typically adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. Exhibit I: Ordinance 21-007 Page 72 of 72 DRAFT ADVANCE AGENDA as of January 13,2022; 1:30 p.m. Please note this is a work in progress; items are tentative To: Council& Staff From: City Clerk,by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings Jan 25,2022,Formal Meeting,6:00 p.m. [due Tue Jan 18] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. First Reading Ordinance 22-001 SMP Amendments for Ecology's Final Approval—Chaz Bates(10 minutes) 3. First Reading Ordinance 22-002 Appleway Street Vacation—Karen Kendall (10 minutes) 4. Admin Report: District Court Update —Cary Driskell (15 minutes) 5. Admin Report: Salary Committee Update—Cary Driskell (10 minutes) 6. Admin Report: Advance Agenda—Mayor Haley (5 minutes) 7. Info Only: Department Monthly Reports [*estimated meeting: 55 mins] January 27, 2022 AWC City Action Days (virtual) Feb 1, 2022,Study Session, 6:00 p.m. [due Tue Jan 25] ACTION ITEMS; 1. Second Reading Ordinance 22-001 SMP Amendments for Ecology's Final Approval—Chaz Bates (10 minutes) NON-ACTION ITEMS; 2. Federal Legislative Agenda—Erik Lamb(with members from Cardinal Infrastructure) (25 minutes) 3. Potential Grant Opportunity: City Safety Program—Adam Jackson (10 minutes) 4. ARPA Funds—Erik Lamb, Chelsie Taylor (20 minutes) 5. Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting: 70 mins] Feb 8,2022,Formal Meeting,6:00 p.m. [due Tue Feb 1] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Ordinance 22-002 Appleway Street Vacation—Karen Kendall (10 minutes) 3. Admin Report: Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting: 20 mins] Feb 15, 2022, Study Session,6:00 p.m. [due Tue Feb 8] 1. Advance Agenda—Mayor Haley Feb 22,2022,Formal Meeting,6:00 p.m. [due Tue Feb 15] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Motion Consideration: Potential Grant Opportunity: City Safety Program—Adam Jackson (5 minutes) 3. Admin Report: Potential Grant Opportunity:National Highway Freight Program—Adam Jackson(5 min) 4. Admin Report: Potential Grant Opportunity: Spokane Regional Transportation Council—A.Jackson (5 min) 5. Admin Report: Advance Agenda—Mayor Haley (5 minutes) 6. Info Only: Department Monthly Reports [*estimated meeting: 25 mins] March 1,2022,Study Session, 6:00 p.m. [due Tue Feb 22] 1. Advance Agenda—Mayor Haley (5 minutes) March 8,2022,Formal Meeting,6:00 p.m. [due Tue March 1] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Motion Consideration: Potential Grant Opportunity:National Hwy Freight Program—Adam Jackson (5 min) 3.Motion Consideration: Potential Grant Opportunity: Spokane Reg Trans Council—Adam Jackson(5 min) 4. Admin Report: Advance Agenda—Mayor Haley (5 minutes) Draft Advance Agenda 1/13/2022 1:35:27 PM Page 1 of 2 March 15,2022, Study Session,6:00 p.m. [due Tue March 8] 1. Advance Agenda—Mayor Haley (5 minutes) March 22,2022,Formal Meetin2,6:00 p.m. [due Tue March 15] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Admin Report: Advance Agenda—Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports March 29,2022, Study Session,6:00 p.m. [due Tue March 22] 1. Advance Agenda—Mayor Haley April 5,2022, Study Session,6:00 p.m. [due Tue March 29] 1. Advance Agenda—Mayor Haley (5 minutes) April 12,2022,Formal Meetin2,6:00 p.m. [due Tue April 5] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Admin Report: Advance Agenda—Mayor Haley (5 minutes) April 19,2022,Study Session,6:00 p.m. [due Tue April 12] 1. Advance Agenda—Mayor Haley (5 minutes) *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appleway Trail Amenities PFD Presentation Artwork&Metal Boxes Prosecutor Services Basement space Residency Consolidated Homeless Grant Ridgemont Area Traffic Core Beliefs Resolution St. Illumination(owners,cost, location) Governor Authority/Emergency Situations(info only) St. O&M Pavement Preservation HHAA Funds TPA Mirabeau Park Forestry Mgmt. Vehicle Wgt Infrastructure Impact Neighborhood Restoration Water Districts& Green Space No Parking Zones Way Finding Sign Park Lighting Draft Advance Agenda 1/13/2022 1:35:27 PM Page 2 of 2