The URL can be used to link to this page

2022, 06-28 Formal Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT Tuesday,June 28,2022 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. 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. • 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 INVOCATION: Pastor Joe Pursch,Valley Fourth Memorial Church PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE,BOARD,LIAISON SUMMARY REPORTS MAYOR'S REPORT PROCLAMATION: GENERAL PUBLIC COMMENT OPPORTUNITY [1]: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person.To comment via zoom:use the link above for oral or written comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it is not required. A sign-in sheet will be provided in Council Chambers. Whether in person or via zoom, speakers should indicate if they want to speak at General Public Comment Opportunity [1] or [2] and may only speak at one or the other,but not both. NEW BUSINESS: 1. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion:I move to approve the Consent Agenda. a. Approval of Claim Vouchers on June 28,2022,Request for Council Action Form: $3,542,624.30 b. Approval of Payroll for Pay Period ending June 15,2022: $452,925.56 c. Approval of Council Meeting Minutes of June 7,2022, Study Session d.Approval of Council Meeting Minutes of June 14,2022, Special 4 pm Meeting Council Agenda,Regular Formal meeting:June 28,2022 Page 1 of 2 2. Second Reading Ordinance 22-010 Code Enforcement—Bill Helbig [public comment opportunity] 3.First Reading Ordinance 22-011, Code Text Amendment 001,Community Service Regulations— Lori Barlow,Eric Robison [public hearing previously held: no public comment opportunity] 4.First Reading Ordinance 22-012,Hearing Examiner Amendments—Cary Driskell [public comment opportunity] 5. Resolution 22-013 Setting Street Vacation Public Hearing—Lori Barlow [public comment opportunity] 6.Motion Consideration: Bid Award Wilbur Sidewalk Project—Gloria Mantz [public comment opportunity] GENERAL PUBLIC COMMENT OPPORTUNITY [21: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person.To comment via zoom:use the link above for oral or written comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it is not required. A sign-in sheet will be provided in Council Chambers. Whether in person or via zoom, speakers should indicate if they want to speak at General Public Comment Opportunity [1] or [2] and may only speak at one or the other,but not both. ADMINISTRATIVE REPORTS: 7.Update Aging& Long Term Care of Eastern Wa—Executive Director Lynn Kimball 8. Code Text Amendment SVMC 3.48 Purchase Orders—Tony Beattie 9.Advance Agenda—Mayor Haley INFORMATION ONLY: 10.Noticing Requirements 11. Department Monthly Reports CITY MANAGER COMMENTS: ADJOURNMENT Council Agenda,Regular Formal meeting:June 28,2022 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28 2022 Department Director Approval: im Check all that apply: /Z1 consent ❑ old business [] new business D public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST VOUCHER NUMBERS TOTAL AMOUNT 06/07/2022 56938 1,861.12 06/07/2022 56939-56964 30,532.75 06/08/2022 56965-56966 2,031.23 06/09/2022 56967 117,106.99 06/09/2022 56968-57006,wires 16762780 & 16809529 2,232,646.55 06/14/2022 9343-9382 (Park refunds) 6,710.00 06/14/2022 57007-57034 140,513.23 06/16/2022 57035-57078 1,011,222.43 GRAND TOTAL: $3,542,624.30 Explanation of Fund Numbers found on Voucher Lists #001 - General Fund Other Funds: 001.011.000.511. City Council 101 —Street Fund 001.013.000.513. City Manager 103 --Paths&TraiIs 001.013.015.515. Legal 105—Hotel/Motel Tax 001.016.000. Public Safety 106—Solid Waste 001.018.013.513. Deputy City Manager 107—PEG Fund 001.018.014.51.4. Finance 108—Affordable & Supplemental Housing Sales Tax 001.018.016.518. Human Resources 120—CenterPlace Operating Reserve 001.040.041. Engineering 121 —Service Level Stabilization Reserve 001.040.042. Economic Development 122—Winter Weather Reserve 001.040.043. Building 204—Debt Service 001.076.000.576. Parks&Rec—Administration 301 —REET 1 Capital Projects 001.076.300.576. Parks&Rec-Maintenance 302—REET 2 Capital Projects 001.076.301.571. Parks&Rec-Recreation 303 — Street Capital Projects 001.076.302.576. Parks&Rec-Aquatics 309—Parks Capital Grants 001.076.304.575. Parks&Rec- Senior Center 310—Civic Bldg. Capital Projects 001.076.305.571. Parks& Rec-CenterPlace 311 —Pavement Preservation 001.090.000.511. General Gov't- Council related 312—Capital Reserve 001.090.000.514. General Gov't-Finance related 314—Railroad Grade Separation Projects 001.090.000.517. General Gov't-Employee supply 315—Transportation Impact Fees 001.090.000.5 18. General Gov't-Centralized Serv. 316—Economic Development Capital Projects 001.090.000.519. General Gov't-Other Services 402— Stoimwater Management 001.090.000.540. General Gov't-Transportation 403 —Aquifer Protection Area 001.090.000.550. General Gov't-Natural &Eco. 501 —Equipment Rental &Replacement 001.090.000.560. General Gov't-Social Services 502—Risk Management 001.090.000.594 General Gov't-Capital Outlay 632—Passth ougli Fees &Taxes 001.090.000.595. General Gov't-Pavement Preserv. RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Voucher Lists vchlist Voucher List Page: 1 06107/2022 3:31:14PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 56938 6/7/2022 000508 CONOCOPHILLIPS FLEET 81238649 001.040.043.558 MAY 2022 FLEET FUEL BILL 1,861.12 Total: 1,861.12 1 Vouchers for bank code: apbank Bank total: 1,861.12 1 Vouchers in this report Total vouchers: 1,861.12 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Page: 1 vchlist Voucher List Page: 1 06/07/2022 4:12:41PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept - Description/Account Amount 56939 6/7/2022 007136 AMAZON CAPITAL SERVICES INC 14FF-YL7T-61X7 001.033.033.518 JANITORIAL SUPPLIES:CITY HALL 45.93 1JRW-QXLK-F6JH 001.033.033.518 HEADPHONES 51.15 Total : 97.08 56940 6/7/2022 004046 AMERICAN ONSITE SERVICES 457667 001.076.300.576 PORTABLE RESTROOM:MIRABEAI 279.00 457676 001.076.300.576 PORTABLE RESTROOM:CENTERP 248.00 Total: 527.00 56941 6/7/2022 007718 APPLETREE 000025-161-491 001.076.305.575 ANSWERING SERVICE FOR CENTE 50.94 Total : 50.94 56942 6/7/2022 000918 BLUE RIBBON LINEN SUPPLY INC 0355819 001.076.305.575 LINEN SERVICE AND SUPPLYAT C 282.99 0357688 001.076.305.575 LINEN SERVICE AND SUPPLY AT C 415.77 0359562 001.076.305.575 LINEN SERVICE AND SUPPLY AT C 346.52 S0290842 001.076.305.575 LINEN SERVICE AND SUPPLY AT C 836.49 S0290939 001.076.305.575 LINEN SERVICE AND SUPPLY AT C 16.29 S0292244 001.076.305.575 LINEN SERVICE AND SUPPLY AT C 306.28 Total : 2,204.34 56943 6/7/2022 008648 BULLDOG CONTRACTORS INC BLD-2021-1922 001.040.043.322 PERMIT REFUND:BLD-2021-1922 395.04 Total : 395.04 56944 6/7/2022 008114 COMCAST ROW-2022-0181 001.040.041.322 PERMIT REFUND: ROW-2022-0181 45.30 Total : 45.30 56945 6/7/2022 000603 CONTRACT DESIGN ASSOCIATES INC 50226 001.033.033.518 2 NEW CUBES IN ECON DEVELOPI 10,445.69 Total : 10,445.69 56946 6/7/2022 003274 EXCHANGE PUBLISHING LLC 634248 001.013.000.513 LEGAL PUBLICATION 33.75 634249 001.040.042.558 LEGAL PUBLICATION 26.25 634250 001.040.042.558 LEGAL PUBLICATION 21.00 641801 001.013.000.513 LEGAL PUBLICATION 38.25 641804 001.040.044.558 LEGAL PUBLICATION 82.16 641805 001.013.000.513 LEGAL PUBLICATION 37.13 641806 001.013.000.513 LEGAL PUBLICATION 41.08 641807 001.013.000.513 LEGAL PUBLICATION 23.70 Page: -i. vchlist Voucher List Page: 2 06/07/2022 4:12:41PM Spokane Valley Bank code: apbank Voucher Date Vendor invoice Fund/Dept Description/Account Amount 56946 6/7/2022 003274 003274 EXCHANGE PUBLISHING LLC (Continued) Total : 303.32 56947 6/7/2022 002308 FINKE,MELISSA APRIL 2022 001.076.301.571 INSTRUCTOR PAYMENT 1,008.75 Total : 1,008.75 56948 6/7/2022 001447 FREE PRESS PUBLISHING INC 52926 001.040.044.558 LEGAL PUBLICATION 92.65 52927 001.040.044.558 LEGAL PUBLICATION 98.60 52928 001.040.044.558 LEGAL PUBLICATION 77.35 52929 001.040.044.558 LEGAL PUBLICATION 91.80 52930 001.013.000.513 LEGAL PUBLICATION 82.25 52931 001.040.042.558 LEGAL PUBLICATION 57.60 52956 001.013.000.513 LEGAL PUBLICATION 42.50 52957 001.013.000.513 LEGAL PUBLICATION 47.60 52958 001.040.044.558 LEGAL PUBLICATION 96.05 Total : 686.40 56949 6R/2022 002712 GTFX INC. 52436 001.076.305.575 SERVICE GREASE TRAP:CENTERI 141.57 Total: 141.57 56950 6R/2022 005191 HALEY, PAM EXPENSES 001.011.000.511 EXPENSE REIMBURSEMENT 66.74 Total: 66.74 56951 617/2022 003297 HIGGINS,LEWIS ROD EXPENSES 001.011.000.511 EXPENSE REIMBURSEMENT 94.91 Total : 94.91 56952 6/7/2022 003694 IEDC 292395 001.143.70.00 MEMBERSHIP:MIKE BASINGER 455.00 Total : 455.00 56953 6/7/2022 001635 1SS FACILITY EVENT SERVICES 1617906 001.076.305.575 MAY 2022 MONTHLY CLEANING AT 8,085.09 Total : 8,085.09 56954 6/7/2022 001944 LANCER LTD 0482779 001.013.015.515 BUSINESS CARDS&ENVELOPES 468.32 0482800 001.040.042.558 POCKET RESOURCE GUIDE 579.35 Total : 1,047.67 56955 6/7/2022 001860 PLATT ELECTRIC SUPPLY 2T90777 001.016.016.521 REPAIR&MAINT.SUPPLIES: PREC 9.89 2T93229 001.076.305.575 REPAIR&MAINT.SUPPLIES: CENT 106.73 2U38401 001.076.305.575 REPAIR&MAINT.SUPPLIES:CENT 74.91 Page: '2. 3 vchlist Voucher List Page: 3 06107/2022 4:12:41PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 56955 6/7/2022 001860 PLATT ELECTRIC SUPPLY (Continued) 2U52560 001.033.033.518 REPAIR&MAINT.SUPPLIES:CITY 30.79 Total : 222.32 56956 6/7/2022 002592 PURE FILTRATION PRODUCTS 73324 001.076.305.575 REPAIR&MAINT.SUPPLIES:CENT 693.32 Total : 693.32 56957 6/7/2022 007741 REFRIGERATION SUPPLIES DIST 16288258-00 001.076.305.575 REPAIR&MAINT.SUPPLIES:CENT 51.32 Total: 51.32 56958 6/7/2022 008649 ROBISON, ERIC EXPENSES 001.040.042.565 EXPENSE REIMBURSEMENT 27.72 Total: 27.72 56959 6/7/2022 000415 ROSAUERS FOOD&DRUG CENTER 10-4597900 001.076.305.575 SUPPLIES FOR CENTERPLACE 65.88 Total : 65.88 56960 6/7/2022 000709 SENSKE LAWN&TREE CARE INC. 12926370 001.076.305.575 QUARTERLY PEST CONTROL-CEI 353.93 Total: 353.93 56961 6/7/2022 008558 THE HOME DEPOT PRO 684243157 001.033.033.518 JANITORIAL SUPPLIES:CITY HALL 617.60 685551376 001.033.033.518 JANITORIAL SUPPLIES:CITY HALL 36.68 685551384 001.033.033.518 JANITORIAL SUPPLIES:CITY HALL 508.20 Total: 1,162.48 56962 6/7/2022 008067 TK LANDSCAPE&LAWN SVCS LLC 3133 001.016.016.521 LAWN SERVICE:PRECINCT&CITY 2,005.94 Total : 2,005.94 56963 617/2022 007120 TSHIMAKAIN CREEK LABORATORY F000189- 001.076.300.576 ENVIRONMENTAL TESTING AT PAF 30.00 Total : 30.00 56964 6/7/2022 004849 US POSTMASTER PERMIT BR 96-000 001.040.042.558 RENEW BUSINESS REPLY MAIL AP 265.00 Total : 265.00 26 Vouchers for bank code : apbank Bank total: 30,532.75 26 Vouchers in this report Total vouchers: 30,532.75 Page: ""3. 4 vchlist Voucher List Page: 1 06108/2022 10:54:27AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 56965 6/8/2022 007133 PRUNTY, CAITLIN EXPENSES 001.040.043.524 EXPENSE REIMBURSEMENT RE:A 992.81 Total : 992.81 56966 6/8/2022 008650 SARGENT,NATHAN EXPENSES 001.040.043.524 EXPENSE REIMBURSEMENT RE Al 1,038.42 Total : 1,038.42 2 Vouchers for bank code: apbank Bank total : 2,031.23 2 Vouchers in this report Total vouchers: 2,031.23 1,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Page: �1 5 vchlist Voucher List Page: 1 06/0912022 10:05:59AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 56967 619/2022 001089 POE ASPHALT PAVING INC. 46978 402.402.000.531 STREET&STORMWATER MAINTENAN 117,106.99 Total: 117,106.99 1 Vouchers for bank code: apbank Bank total: 117,106.99 1 Vouchers in this report Total vouchers: 117,106.99 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein _ and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Page: vchlist Voucher List Page: 1 06/09/2022 12:30:33PM Spokane Valley Bank code: apbank Voucher Date Vendor invoice Fund/Dept Description/Account Amount 56968 6/9/2022 000958 AAA SWEEPING LLC 2021 RETAINAGE 402.223.40.00 2021 VACTORING RETAINAGE RELEA: 9,187.87 2021 RETAINAGE 101.223.40.00 2021 STREET SWEEPING RETAINAGE 28,286.65 Total: 37,474.52 56969 6/9/2022 003337 ARROW CONSTRUCTION SUPPLY INC 335823 101.042.000.542 MASTIC(PLEXIMELT) 1,692.31 336392 101.042.000.542 EZ STREET POTHOLE PATCH 947.43 Total: 2,639.74 56970 6/9/2022 002891 BASIN SOD INCORPORATED 56278 101.042.000.542 SUPPLIES:STREET 43.56 56295 101.042.000.542 SUPPLIES:STREET 98.01 Total: 141.57 56971 6/9/2022 000173 BINGAMAN,GREG EXPENSES 001.018.017.518 EXPENSE REIMBURSEMENT 28.31 Total: 28.31 56972 6/9/2022 008572 CDA METALS 869838 101.000.000.542 REPAIR&MAINT.:SNOW FLEET 658.03 Total: 656.03 56973 6/9/2022 001888 COMCAST 4466 5/26-6/25/22 001.090.000.518 INTERNEE&PHONE:CITY HALL 372.25 Total: 372.25 56974 6/9/2022 000326 CONSOLIDATED IRRIGATION#19 6419.14 MAY 2022 402.402.000.531 UTILITIES 52.27 6419.15 MAY 2022 402.402.000.531 UTILITIES 62.97 Total: 115.24 56975 6/9/2022 001880 CROWN WEST REALTY LLC JUNE 2022 101.042.000.543 COMMON AREA CHARGES MAINTENA 216.18 Total: 216.18 56976 6/9/2022 007901 DATEC INC 51089 001.090.000.518 JUNIPER SWITCH REPLACEMENT 202: 294.85 Total: 294.85 56977 6/912022 002604 DELL FINANCIAL SERVICES LLC 81303466 001.090.000.548 COMPUTER LEASE:001-8922117-022 423.88 81303467 001.090.000.548 COMPUTER LEASE:001-8922117-018 651.56 81303468 001.090.000.548 COMPUTER LEASE:001-8922117-019 52.66 81303469 001.090.000.548 COMPUTER LEASE:001-8922117-020 638.80 81303470 001.090.000.548 COMPUTER LEASE:001-8922117-021 503.76 81303488 001.090.000.548 COMPUTER LEASE:001-8922117-011 806.78 Page: `4. 7 vchlist Voucher List Page: 2 06/09/2022 12:30:33PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice FundlDept DescriptionlAccount Amount 56977 6/912022 002604 DELL FINANCIAL SERVICES LLC (Continued) 81303489 001.090.000.548 COMPUTER LEASE:001-8922117-012 266.18 81303490 001.090.000.548 COMPUTER LEASE:001-8922117-013 986.55 81303491 001.090.000.548 COMPUTER LEASE:001-8922117-014 142.27 81303492 001.090.000.548 COMPUTER LEASE:001-8922117-015 176.38 81303493 001.090.000.548 COMPUTER LEASE:001-8922117-016 409.18 81303494 001.090.000.548 COMPUTER LEASE:001-8922117-017 487.31 Total: 5,545.31 56978 6/9/2022 001926 FARR,SARAH EXPENSES 001.018.014.514 EXPENSE REIMBURSEMENT 14.04 Total: 14.04 56979 6/9/2022 003261 FEHR&PEERS 151444 001.040.041.543 PROFESSIONAL SERVICES 3,707.60 153281-FINAL 001.040.041.543 PROFESSIONAL SERVICES 3,338.70 Total: 7,046.30 56980 6/9/2022 002975 FREEDOM SALES AND SUPPLY LLC 2022310 101.042.000.543 FIRST AID SUPPLIES 232.22 Total: 232.22 56981 6/9/2022 008422 GMCO CORP DBA ROADWISE 22-4885 101.000.000,542 RED ICE MELT 27,788.12 Total: 27,788.12 56982 619/2022 000007 GRAINGER 9326487403 001.040.041.543 REPAIR&MAINT.SUPPLIES:ENGINEE 72.59 Total: 72.59 56983 6/9/2022 002684 HINSHAW,CART EXPENSES 001.018.014.514 EXPENSE REIMBURSEMENT 47.79 Total: 47.79 56984 619/2022 000388 IRVIN WATER DIST.#6 MAY 2022 001.076.300.576 UTILITIES:PARKS MAY 2022 271.73 Total: 271.73 56985 6/9/2022 002466 KENWORTH SALES COMPANY SPOIN5170840 001.040.041.543 VEHICLE REPAIR&MAINT.SUPPLIES 299.63 Total: 299.63 56986 6/9/2022 001944 LANCER LTD 0482804 001.040.041.543 BUSINESS CARDS 44.66 Total: 44.66 56987 6/9/2022 002203 NAPAAUTO PARTS 1713-323204 101.000.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 8.85 Page: N$ g vchlist Voucher List Page: 3 06/09/2022 12:30:33PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice FundlDept Description/Account Amount 56987 6/9/2022 002203 NAPAAUTO PARTS (Continued) 1713-325428 001.040.041.543 VEHICLE REPAIR&MAINT.SUPPLIES: 27.99 2881-805352 001.040.041.543 VEHICLE REPAIR&MAINT.SUPPLIES: 76.22 Total: 113.06 56988 6/9/2022 000662 NAT'L BARRICADE&SIGN CO 211552 001.040.041.558 SUPPLIES:CPW 111.08 Total: 111.08 56989 6/9/2022 004621 OREILLYAUTOMOTIVE STORES INC 2862-179702 101.000.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 39.16 2862-179706 101.000.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 103.44 2862-180349 001.033.000.518 VEHICLE REPAIR&MAINT.SUPPLIES: 80.91 2862-180398 001.040.041.558 VEHICLE REPAIR&MAINT.SUPPLIES: 213.64 2862-180470 001.033.000.518 VEHICLE REPAIR&MAINT.SUPPLIES: 17.63 2862-181592 001.076.000.576 VEHICLE REPAIR&MAINT.SUPPLIES: 21,24 2862-181593 001.090.000.518 VEHICLE REPAIR&MAINT.SUPPLIES: 21.24 2862-181594 001.040.041.543 VEHICLE REPAIR&MAINT.SUPPLIES: 21.24 2862-181595 001.040.041.543 VEHICLE REPAIR&MAINT.SUPPLIES: 25.48 2862-181596 001.040.041.543 VEHICLE REPAIR&MAINT.SUPPLIES: 21.24 2862-181597 001.033.000.518 VEHICLE REPAIR&MAINT.SUPPLIES: 2124 2862-181598 001.076.000.576 VEHICLE REPAIR&MAINT.SUPPLIES: 21.24 2862-181599 001.040.041.543 VEHICLE REPAIR&MAINT.SUPPLIES: 21.24 2862-181600 001.040.043.524 VEHICLE REPAIR&MAINT.SUPPLIES: 25.48 2862-181601 001.040.041.558 VEHICLE REPAIR&MAINT.SUPPLIES: 25.48 2862-181602 101.042.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 21.24 2862-181604 402.402.000.531 VEHICLE REPAIR&MAINT.SUPPLIES: 21.24 Total: 722.38 56990 6/9/2022 005109 PICTOMETRY INTERNATIONAL CORP US433907 402.402.000.531 2022 PICTOMETERY CONNECT 1,197.90 Total: 1,197.90 56991 6/9/2022 002424 PITNEY BOWES GLOBAL 3315733629 001.090.000.518 LEASE CONTRACT 0040941959 967.20 Total: 967.20 56992 6/9/2022 001860 PLATT ELECTRIC SUPPLY 2V19443 101.042.000.543 REPAIR&MAINT,SUPPLIES:STREET/: 24.72 Total: 24.72 56993 6/9/2022 002290 PURCHASE POWER POSTAGE 001.143.70.04 REFILL POSTAGE METER 5,017.00 Page: q vchlist Voucher List Page: 4 06/09/2022 12:30:33PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 56993 6/9/2022 002290 002290 PURCHASE POWER (Continued) Total: 5,017.00 56994 6/9/2022 007741 REFRIGERATION SUPPLIES DIST 16289232-00 101.042.000.543 REPAIR&MAINT.SUPPLIES:MAINT.SI 65.30 Total: 65.30 56995 6/9/2022 007730 ROYAL BUSINESS SYSTEMS IN170099 001.040.043.558 MAY 2022 COPIER COSTS 447.51 Total: 447.51 56996 6/9/2022 002520 RWC GROUP XA106033522:01 101.000.000.542 VEHICLE REPAIR&MAINT.SUPPLIES: 99.06 Total: 99.06 56997 6/9/2022 000709 SENSKE LAWN&TREE CARE INC. 12964361 101.042.000.542 895 CONTRACT MAINTENANCE 531.43 Total: 531.43 56998 6/9/2022 004535 SHRED-IT USA LLC 8001678970 001.090.000.518 DOCUMENT DESTRUCTION 156.30 Total: 156.30 56999 6/9/2022 004099 SPOKANE VALLEY ACE HARDWARE 029900 101.043.000.542 SMALL TOOLS/MINOR EQUIPMENT 68.60 29865 402.402.000.531 REPAIR&MAINT.SUPPLIES 12.73 Total: 81.33 57000 6/9/2022 001281 SPOKANE VALLEY ARTS COUNCIL 2022#1 001.090.000.560 2022 EDSS GRANT REIMBURSEMENT 14,300.00 Total: 14,300.00 57001 6/9/2022 007594 STREETSCAN INC 10801 101.042.000.542 DATA COLLECTIONIMOBILIZAT€ON FEE 39,600.00 Total: 39,600.00 57002 6/9/2022 008630 TOM ROGERS PAINTING LLC 5541 101.043.000.542 PAINT SERVICE 2,123.55 Total: 2,123.55 57003 619/2022 006846 US LINEN&UNIFORM INC 2932159 101.042.000.543 SUPPLIES:MAINTENANCE SHOP 18.49 2935904 101.042.000.543 SUPPLIES:MAINTENANCE SHOP 31.60 2939590 101.042.000543 SUPPLIES:MAINTENANCE SHOP 18.49 2943305 101.042.000.543 SUPPLIES:MAINTENANCE SHOP 31.60 Total: 100.18 57004 6/9/2022 000167 VERA WATER&POWER MAY 2022 101.042.000.542 UTILITIES:MAY 2022 4,754.47 Page: �` 1° vchlist Voucher List Page: 5 0610912022 12:30:33PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 57004 6/912022 000167 000167 VERA WATER&POWER (Continued) Total: 4,754.47 57005 6/9/2022 000980 WESTERN SYSTEMS INC 0000051845 101.042.000.542 SIGNAL EQUIPMENT(REPLACE&UPC 1,647.43 Total: 1,647.43 57006 6/9/2022 007168 ZOOM VIDEO COMMUNICATIONS INC 1NV150197445 001.090.000.518 SOFTWARE LICENSES&MAINTENANC 386.48 Total: 386.48 16762780 5/27/2022 000001 SPOKANE CO TREASURER 9290202148 001.016.000.521 LE CONTRACT MAY 2022 1,863,483.00 Total: 1,863,483.00 16809529 6/3/2022 000001 SPOKANE CO TREASURER MAY 2022 001.016.000.512 SPOKANE COUNTY SERVICES 213,414.09 Total: 213,414.09 41 Vouchers for bank code: apbank Bank total: 2,232,646.55 41 Vouchers in this report Total vouchers: 2,232,646.55 Page: �a 11 vchlist Voucher List Page: 1 0611412022 11:42:05AM Spokane Valley Bank code: pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 9343 6/14/2022 008651 ABRAMCHUK,VITALIY PARK REFUND 001.237.10.99 DEPOSIT REFUND:GREAT ROOM,: 500.00 Total : 500.00 9344 6/14/2022 008671 AFFINITY AT MIRABEAU PARK REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME, 75.00 Total : 75.00 9345 6/14/2022 008673 BERRY,ABBIE PARK REFUND 001.237.10.99 DEPOSIT REFUND:TERRACE VIEV 75.00 Total : 75.00 9346 6/14/2022 008652 BIANCHI,ELIZABETH PARK REFUND 001.237.10.99 DEPOSIT REFUND:GREAT ROOM 210.00 Total : 210.00 9347 6/14/2022 008674 BLANKENBERG, MELISSA PARK REFUND 001.237.10.99 DEPOSIT REFUND: DISCOVERY Pt 75.00 Total : 75.00 9348 6/14/2022 008653 BROWN,LISA PARK REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU SPF 300.00 Total : 300.00 9349 6/14/2022 007335 CANALE,ANNIE PARK REFUND 001.237.10.99 DEPOSIT REFUND:DISCOVERY PI_ 75.00 Total : 75.00 9350 6/14/2022 002226 CENTRAL PREMIX PARK REFUND 001.237.10.99 DEPOSIT REFUND:LG MEETING R 52.00 Total : 52.00 9351 6/14/2022 008654 CHRIST CHURCH WOMEN PARK REFUND 001.237.10.99 DEPOSIT REFUND:FIRESIDE LOUI 210.00 Total : 210.00 9352 6/14/2022 008684 CURRIE,NINA PARK REFUND 001.237.10.99 SWIM TEAM REFUND 120.00 Total : 120.00 9353 • 6/14/2022 008669 DEMERY,SAVANNAH PARK REFUND 001.237.10.99 DEPOSIT REFUND:EDGECLIFF PA 75.00 Total : 75.00 9354 6/14/2022 008657 EDWARD JONES PARK REFUND 001.237.10.99 DEPOSIT REFUND:SMALL MEETIN 52.00 Total : 52.00 9355 6/14/2022 008655 FORTNER,BRYCE PARK REFUND 001.237.10.99 CANCELLATION REFUND: GREEN/ 175.00 Page: y. vchlist Voucher List Page: 2 06/14/2022 11:42:05AM Spokane Valley Bank code: pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 9355 6/14/2022 008655 008655 FORTNER, BRYCE (Continued) Total : 175.00 9356 6/14/2022 008675 HOWARD,REBECCA PARK REFUND 001.237.10.99 SWIM TEAM REFUND 60.00 Total : 60.00 9357 6/14/2022 008676 INGEBRITSEN, DANA PARK REFUND 001,237.10.99 DEPOSIT REFUND: MIRABEAU ME, 75.00 Total : 75.00 9358 6/14/2022 008389 JMl PARK REFUND 001.237.10.99 DEPOSIT REFUND:AUDITORIUM 52.00 Total: 52.00 9359 6/14/2022 008656 JOHNSON, MICHELLE PARK REFUND 001.237.10.99 DEPOSIT REFUND: FIRESIDE LOUI 210.00 Total : 210.00 9360 6/14/2022 006302 KAISER ALUMINUM PARK REFUND 001.237.10.99 DEPOSIT REFUND:LARGE MEETIN 52.00 Total : 52.00 9361 6/14/2022 008677 KIEHN,JESSICA PARK REFUND 001.237.10.99 DEPOSIT REFUND:MIRABEAU ME, 300.00 Total: 300.00 9362 6/14/2022 008664 KINSEL,ADDIE PARK REFUND 001.237.10.99 SWIM LESSON REFUND 35.00 Total : 35.00 9363 6/14/2022 008658 KUDRYA,ANNA PARK REFUND 001.237.10.99 DEPOSIT REFUND:GREAT ROOM/1 500.00 Total : 500.00 9364 6/14/2022 008659 LANDLORD ASSN-INLAND NW PARK REFUND 001.237,10.99 DEPOSIT REFUND:LARGE MEETIN 52.00 Total : 52.00 9365 6/14/2022 008660 LEWIS,ANNA PARK REFUND 001237.10.99 DEPOSIT REFUND:GREAT ROOM 500.00 Total : 500.00 9366 6/14/2022 008661 LISOVSKIY,TIMOFEY PARK REFUND 001.237.10.99 DEPOSIT REFUND:GREAT ROOM/: 490.00 Total : 490.00 9367 6/14/2022 008678 MECHAM, RAYNA PARK REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME, 75.00 Total : 75.00 9368 6/14/2022 008679 MINZEL,ALEXIS PARK REFUND 001.237.10.99 DEPOSIT REFUND:DISCOVERY PL 75.00 Page: ."2-.. /3 vchlist Voucher List Page: 3 06/1412022 11:42:05AM Spokane Valley Bank code : ok-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 9368 6/14/2022 008679 008679 MINZEL,ALEXIS (Continued) Total : 75.00 9369 6/14/2022 008680 MOORE, STEPHEN PARK REFUND 001.237.10.99 CANCELLATION REFUND: MIRABE 600.00 Total : 600.00 9370 6/14/2022 008662 MORLEY,TRACEY PARK REFUND 001.237.10.99 DEPOSIT REFUND: FIRESIDE LOUI 210.00 Total : 210.00 9371 6/14/2022 008668 MUNTWYLER,ANNIE PARK REFUND 001.237.10.99 DEPOSIT REFUND: BROWNS PAR!. 75.00 Total : 75.00 9372 6/14/2022 008681 NEESER,KARLA PARK REFUND 001.237.10.99 SUMMER DAY CAMP REFUND 160.00 Total : 160.00 9373 6/14/2022 008670 NEIDIGH,WENDY PARK REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME, 75.00 Total : 75.00 9374 6/14/2022 004816 NUMERICA CREDIT UNION PARK REFUND 001.237.10.99 DEPOSIT REFUND:SMALL MEETIN 52.00 Total : 52.00 9375 6/14/2022 008682 PARKSIDE HOMEOWNERS ASSN PARK REFUND 001.237.10.99 DEPOSIT REFUND:AUDITORIUM 52.00 Total : 52.00 9376 6/14/2022 008683 SHALYGIN, SANTA PARK REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME, 75.00 Total : 75.00 9377 6/14/2022 008667 SITTS, LEVI PARK REFUND 001.237.10.99 DEPOSIT REFUND:VALLEY MISSIC 75.00 Total : 75.00 9378 6/14/2022 008663 SPOKANE CO REPUBLICAN CENTRAL PARK REFUND 001.237.10.99 DEPOSIT REFUND: GREAT ROOM 210.00 Total : 210.00 9379 6/14/2022 002345 SPOKANE MOUNTAINEERS PARK REFUND 001.237.10.99 DEPOSIT REFUND: LARGE MEETIN 76.00 Total : 76.00 9380 6/14/2022 000877 VALLEY FOURTH CHURCH PARK REFUND 001.237.10.99 DEPOSIT REFUND: FIRESIDE LOUI 210.00 Total : 210.00 9381 6/14/2022 008672 WALKER,ARIANNA PARK REFUND 001.237.10.99 SUMMER DAY CAMP REFUND 160.00 Page: 3\ n vchlist Voucher List Page: 4 06114/2022 11:42:05AM Spokane Valley Bank code: plc-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 9381 6/14/2022 008672 008672 WALKER,ARIANNA (Continued) Total : 160.00 9382 6/14/2022 001332 WEST VALLEY HIGH SCHOOL PARK REFUND 001.237.10.99 DEPOSIT REFUND:GREAT ROOM': 210.00 Total: 210.00 40 Vouchers for bank code: pk-ref Bank total : 6,710.00 • 40 Vouchers in this report Total vouchers : 6,710.00 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Page: 4 1 vchlist Voucher List Page: 1 06/1412022 3:29:14PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 57007 6/14/2022 000197 ACRANET • 20415 001.018.016.518 EMPLOYEE BACKGROUND CHECK 171.00 Total : 171.00 57008 6/14/2022 001081 ALSCO LSP02524219 001.016.016.521 FLOOR MAT SERVICE AT PRECINC 31.34 LSP02528548 001.016.016.521 FLOOR MAT SERVICE AT PRECINC 30.43 Total : 61.77 57009 6/14/2022 007136 AMAZON CAPITAL SERVICES INC 1DMC-WC6W-1VGK 001.033.033.518 CREDIT RE INV 1GJN-JT3H-XXJ7 1- -53.33 1DT7-QGDC-FJJ9 001.033.033.518 JANITORIAL SUPPLIES:CITY HALL 152.38 1WPR-FWDX-6KXF 001.040.043.558 OFFICE SUPPLIES:BLDG 283.13 Total : 382.18 57010 6/14/2022 003337 ARROW CONSTRUCTION SUPPLY INC ROW-2022-0509 001.040.041.322 PERMIT REFUND:ROW-2022-0509 208.00 Total: 208.00 57011 6/14/2022 008479 BARCOTT CONSTRUCTION LLC PAYAPP 2 303.000.313.595 0313 BARKER RD UP CROSSING P 65,950.80 Total : 65,950.80 57012 6/14/2022 008685 BIG SKY HOMES&DEVELOPMENT EGR-2021-0090 001.237.10.95 WARRANTY/SURETY REFUND EGF 7,031.00 Total: 7,031.00 57013 6/14/2022 007114 CARDINAL INFRASTRUCTURE LLC 2240 001.011.000.511 PROFESSIONAL SERVICES 4,875.00 2266 001.011.000,511 PROFESSIONAL SERVICES 4,875.00 Total : 9,750.00 57014 6/14/2022 007673 DIBBLE ENGINEERS INC 33350 001.000.322.518 CITY HALL STRUCTURAL REVIEW 2,100.00 Total : 2,100.00 57015 6/14/2022 007871 EMPIRE SPRAY SERVICE INC GH06011 001.033.033.518 SHRUB BED TOUCH-UP:CITY HALT 114.35 Total : 114.35 57016 6/14/2022 002308 FINKE,MELISSA MAY 2022 001.076.301.571 INSTRUCTOR PAYMENT 592.50 Total: 592.50 57017 6/14/2022 000007 GRAINGER 9326910628 001.033.033.518 REPAIR&MAINT.SUPPLIES:CITY 66.68 9331506197 001.033.033.518 JANITORIAL SUPPLIES:CITY HALL 5.55 Page: --9. l(-. vchlist Voucher List Page: 2 0611412022 3:29:14PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 57017 6/14/2022 000007 000007 GRAINGER (Continued) Total : 72.23 57018 6/14/2022 006729 JAKT FOUNDATION 553 001.040.042.558 CRAVE 2022 10,000.00 Total: 10,000.00 57019 6/14/2022 008453 KOTTKAMP,YEDINAK&ESWORTHY 2694 001.040.044.558 PROFESSIONAL SERVICES 1,280.00 Total : 1,280.00 57020 6/14/2022 008686 MASON, RONALD AND SHERRY PRE-LU-2022-0041 001.040.043.345 REFUND CANCELLED PERMIT:PR 260.00 Total: 260.00 57021 6/14/2022 007672 MULTICARE CENTERS OF 153753 001.018.016.518 EMPLOYEE PHYSICAL EXAMS 570.00 Total : 570.00 57022 6/14/2022 004850 NAVIA BENEFIT SOLUTIONS, HRA PLAN 10472295 001.018.016.518 FLEX SPENDING ADMINISTRATION 400.00 Total : 400.00 57023 6/14/2022 000652 OFFICE DEPOT INC. 243224218001 001.076.000.576 OFFICE SUPPLIES: PARKS 196.10 247545387001 001.013.015.515 OFFICE SUPPLIES:LEGAL 82.50 Total : 278.60 57024 6/14/2022 001860 PLATT ELECTRIC SUPPLY 2V82901 001.033.033.518 REPAIR&MAINT.SUPPLIES:CITY 15.68 Total: 15.68 57025 6/14/2022 008689 RYBAKOV,VALERIY BLD-2021-3989 001.040.043.322 PERMIT REFUND BLD-2021-3989 997.50 Total: 997.50 57026 6/14/2022 000001 SPOKANE CO TREASURER 51506317 001.040.043.524 APRIL 2022 WORK CREW 1,105.85 Total : 1,105.85 57027 6/14/2022 000420 SPOKANE REGIONAL HEALTH DIST 2022 001.076.302.576 PERMIT FEES FOR WATER REC FP 2,400.00 Total: 2,400.00 57028 6/14/2022 000405 SPOKANE VALLEY PARTNERS 1-2022 HHAA GRANT 001.040.042.565 HHAA GRANT 1-2022 8,409.57 2-2022 HHAA GRANT 001.040.042.565 HHAA GRANT 2-2022 6,144.39 3-2022 HHAA GRANT 001.040.042.565 HHAA GRANT 3-2022 5,469.13 Total : 20,023.09 Page: /7 vchlist Voucher List Page: 3 06114/2022 3:29:14PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 57029 6/14/2022 001969 SUNSHINE DISPOSAL 1921490 001.040.043.524 ABATEMENT:18505 E COURTLAND 868.64 1921491 001.040.043.524 ABATEMENT:1322 N BOWDISH RD 1,008.95 1921493 001.040.043.524 ABATEMENT:12402 E VALLEYWAY. 1,104.62 Total : 2,982.21 57030 6/14/2022 004740 THOMSON REUTERS-WEST 846459571 001.013.015.515 SUBSCRIPTION CHARGES 872.30 Total : 872.30 57031 6/14/2022 008067 TK LANDSCAPE&LAWN SVCS LLC 3268 001.033.033.518 LAWN SERVICE:PRECINCT&.CITY 2,847.19 Total : 2,847.19 57032 6/14/2022 003175 VISIT SPOKANE 11951 001.040.042.558 2022 VISITOR GUIDE:CITY OF SPC 2,499.00 12052 001.076.305.575 2022 VISITOR GUIDE:CENTERPLA 1,799.00 Total: 4,298.00 57033 6/14/2022 002363 WESTERN STATES EQUIPMENT CO 1N002024118 001.016.000.521 LOAD BANK:PRECINCT GENERATI 958.94 Total : 958.94 57034 6/14/2022 000487 YMCA OF THE INLAND NW JAN-APRIL 2022 001.076.302.576 OPERATING EXPENSES/MGMT FEI 4,790.04 Total : 4,790.04 28 Vouchers for bank code: apbank Bank total : 140,513.23 28 Vouchers in this report Total vouchers : 140,513.23 Page: vchlist Voucher List Page: 1 06/16/2022 4:24:43PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 57035 6/16/2022 006382 AHBL INC 132064 309.000.316.594 0316-BALFOUR PARK IMPROVEMENT: 22,540.00 Total: 22,540.00 57036 6/16/2022 007136 AMAZON CAPITAL SERVICES INC 1DWT-1P3L-KMGJ 001.040.041.543 OFFICE SUPPLIES:ENGINEERING 705,30 1TK3-JYY3-F9XK 001.040.041.543 OFFICE SUPPLIES:ENGINEERING 187.68 1VGJ-VQ7P-D6F7 101.043.000.542 SMALL TOOLS/MINOR EQUIPMENT:BF 146.96 Total: 1,039.94 57037 6/16/2022 003076 AMSDEN,ERICA EXPENSES 001.040.041.543 EXPENSE REIMBURSEMENT 8.50 Total: 8.50 57038 6/16/2022 000030 AVISTA MAY 2022 001.033.000.518 UTILITIES:CPW MASTER AVISTA MAY: 24,670.15 MAY 2022 001.076.302.576 UTILITIES:PARKS MASTERAVISTAMA 10,535.95 Total: 35,206.10 57039 6/16/2022 000815 BNSF RAILROAD CO 90237030 314.000.143.595 CIP 0143:PROGRESSIVE#7 32,532.74 Total: 32,532.74 57040 6/16/2022 008572 CDA METALS 888275 101.000.000.542 VEHICLE MAINT.SUPPLIES:SNOW FLI 199.36 Total: 199.36 57041 6/16/2022 007637 COMMONSTREET CONSULTING LLC CSROW 22150 314.000.223.595 0223-RIGHT-OF-WAY SERVICES 4,184.38 Total: 4,184.38 57042 6/16/2022 001770 CONSOLIDATED SUPPLY CO CM S010853677.005 101.042.000.543 CUSTOMER SVC CREDIT -25.00 S010853677.002 101.042.000.543 REPAIR&MAINT.SUPPLIES:STREET/I 17.33 S010853677.007 101.042.000.543 EQUIPMENT RENTAL 114.35 Total: 106.68 57043 6/16/2022 000683 DAVID EVANS&ASSOCIATES 511259 303.000.300.595 0300-TRAFFIC ENGINEERING 7,326.02 Total: 7,326.02 57044 6/16/2022 000734 DEPT OF TRANSPORTATION RE 46 JG6453 L018 314.000.223.595 0223 PINES RD AGREEMENT JG-6453 283.32 Total: 283.32 57045 6/16/2022 002920 DIRECTV INC 051738547X220605 101.042.000.543 CABLE SERVICE FOR MAINTENANCE: 79.99 Page: Nis 1ci vchlist Voucher List Page: 2 06116/2022 4:24:43PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept DescriptionfAccount Amount 57045 6/16/2022 002920 002920 DIRECTV INC (Continued) Total: 79.99 57046 6/16/2022 002157 ELJAY OIL COMPANY 4329094 001.040.041.543 FUEL FOR MAINTENANCE SHOP VEHI' 2,935.10 Total: 2,935.10 57047 6/16/2022 007997 ENVIRONMENTAL SYSTEMS RESEARCH 94259501 001.040.042.558 ARCGIS COMMUNITY ANALYST ONLIN 111.08 Total: 111.08 57048 6/16/2022 003274 EXCHANGE PUBLISHING LLC 640954 303.000.318.595 LEGAL PUBLICATION 72.68 Total: 72.68 57049 6/16/2022 002975 FREEDOM SALES AND SUPPLY LLC 2022345 001.090.000.519 FIRSTAID SUPPLIES 20.63 Total: 20.63 57050 6/16/2022 000007 GRAINGER 9331370180 001.040.041.543 REPAIR&MAINT.SUPPLIES 99.18 9331370206 001.040.041.543 SAFETY EQUIPMENT 73.40 9337311147 101.043.000.542 SMALL TOOLS/MINOR EQUIPMENT 8.64 Total: 181.22 57051 6/16/2022 000002 H&H BUSINESS SYSTEMS INC. AR240031 001,011,000.511 COPIER COSTS:WEST WING/COUNCII 122.83 AR240032 001.018.017.518 COPIER COSTS:IT 7.05 AR240033 001.018.016,518 COPIER COSTS:HR 97.01 AR240034 001.018.013.513 COPIER COSTS:OPS/ADMIN 198.40 AR240035 001.013.015.515 COPIER COSTS:LEGAL 113.25 AR240036 001.040.043.558 COPIER COSTS:MAILROOM 123.39 AR240037 001.040.041.543 COPIER COSTS:CPW ENGINEERING 563.27 AR240038 101.042.000.542 COPIER COSTS:MAINTENANCE SHOT 7.11 AR240039 001.076.000,576 COPIER COSTS:PARKS 198.57 Total: 1,430.88 57052 6/16/2022 002043 HDR ENGINEERING INC 1200432269 314,000,223.595 0223-FINAL ENGINEERING DESIGN 20,804.04 Total: 20,804.04 57053 6/16/2022 007671 HORROCKS ENGINEERS INC 69773 001,040,041.558 PROFESSIONAL SERVICES 3,920.00 Total: 3,920.00 57054 6/16/2022 008573 INLAND INFRASTRUCTURE LLC PAY APP 2 311.000.333.595 0333-EVERGREEN RD PRES BROADW 545,313.50 Page: -.2 vchlist Voucher List Page: 3 06/16/2022 4:24:43PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 57054 6/16/2022 008573 008573 INLAND INFRASTRUCTURE LLC (Continued) Total: 545,313.50 57055 6/16/2022 000070 INLAND POWER&LIGHT CO MAY 2022 101.042.000.542 UTILITIES:MAY 2022 506.81 Total: 506.81 57056 6/16/2022 000012 JOURNAL OF BUSINESS 61843 001.018.014.514 OUST ID 61843,3 YR SUB,FINANCE Di 109.95 Total: 109.95 57057 6/16/2022 002466 KENWORTH SALES COMPANY SPOCM17370529 001.040.041.543 CREDIT:ORIGINAL INV SPOIN5170840 -299.63 SPOIN5188319 501.000.000.594 VEHICLE SUPPLIES:SNOW FLEET#22 395.78 Total: 96.15 57058 6/16/2022 003238 KPFF CONSULTING ENGINEERS 424317 403.000.308.589 PROJECT 308 CONSTRUCTION SERVIK 939.32 Total: 939.32 57059 6/16/2022 000910 MANTZ,GLORIA EXPENSES 001.018.016.518 EXPENSE REIMBURSEMENT 2,240.00 EXPENSES 001.040.041.543 EXPENSE REIMBURSEMENT 15.30 Total: 2,255.30 57060 6/16/2022 008691 ODP BUSINESS SOLUTIONS LLC 243441352001 001.018.014.514 OFFICE SUPPLIES:FINANCE 68.43 Total: 68.43 57061 6/16/2022 008265 OSBORN CONSULTING INC 7147 403.000.327.595 SPRAGUE AVE STORMWATER IMPRO\ 3,076.13 Total: 3,076.13 57062 6/16/2022 005049 PEDERSON,MICHAEL ROY MAY 2022 101.042.000.542 DEAD ANIMAL REMOVAL 900.00 Total: 900.00 57063 6/16/2022 001860 PLATT ELECTRIC SUPPLY 2V44330 101.042.000.543 REPAIR&MAINT.SUPPLIES:MA1NT.SF 72.79 2V50635 101.042.000.543 REPAIR&MAINT SUPPLIES:MAINT.SI 89.89 2V61473 101.042.000.543 SMALL TOOLS/MINOR EQUIPMENT 249.38 2V82931 101.042.000.543 SMALL TOOLS/MINOR EQUIPMENT:ME 4.57 Total: 416.63 57064 6/16/2022 007741 REFRIGERATION SUPPLIES DIST 16289573-00 101.042.000.543 REPAIR&MAINT.SUPPLIES:MAINT.SI 264.96 Total: 264.96 57065 6/16/2022 008066 SELLAND CONSTRUCTION INC PAY APP 5 309.000.314.594 0314-BALFOUR PARK FRONTAGE IMP 35,347.41 Page: "3. 11 vchlist Voucher List Page: 4 06116/2022 4:24:43PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 57065 6/16/2022 008066 008066 SELLAND CONSTRUCTION INC (Continued) Total: 35,347.41 57066 6/16/2022 000458 SPOKANE CO PUBLIC WORKS,ADMINISTRAT JUNE 2022 001.076.300.576 SEWER CHARGES 1,349.24 Total: 1,349.24 57067 6/16/2022 000459 SPOKANE CO TITLE CO 5-SP36927 314.1300.223.595 CIP 0223:OWNER'S POLICY&RECORI 1,893.74 Total: 1,893_74 57068 6/16/2022 000324 SPOKANE CO WATER DIST#3 JUNE 2022#1 402.402.000.531 WATER CHARGES FOR JUNE 2022#1 286.20 Total: 286.20 57069 6/16/2022 001903 SPOKANE TRAFFIC CONTROL INC 6787 101.043.000.542 TRAFFIC CONTROL 1,588.00 Total: 1,588.00 57070 6/16/2022 000093 SPOKESMAN-REVIEW,THE 16095 311.000.334.595 ADVERTISING ACCT 102969 698.02 IN5566 309.000.316.594 CIP 0316:AD FOR AUG 5TH WORKSHC 252.00 IN6293 309.000.316.594 CIP 0316:VALLEY VOICE AUG 5TH WO 252.00 Total: 1,202.02 57071 6/16/2022 001969 SUNSHINE DISPOSAL 1919537 101.042.000.542 TRANSFER STATION CPW MAY 2022 3,273.55 Total: 3,273.55 57072 6/16/2022 001660 TITAN TRUCK EQUIP CO INC 1324134 501.000.000.594 ACCESSORIES FOR 2022 F-150 2,295.99 Total: 2,296.99 57073 6/16/2022 008141 TML CONSTRUCTION INC PAY APP 4 403.000.308.531 0308 REGINAL DECANT FACILITY CAN! 163,576.48 Total: 163,576.48 57074 6/16/2022 003458 TRAFFIC SAFETY SUPPLY CO INV049752 303.000.342.595 0342-2022 SCHOOL ZONE FLASHING I 53,135.50 Total: 53,135.50 57075 6/16/2022 002597 TWISTED PAIR ENTERPRISES LLC 5312022 001.011.000.511 BROADCASTING COUNCIL MTGS 1,600.00 Total: 1,600.00 57076 6/16/2022 000038 WASTE MANAGEMENT OF SPOKANE 0076014-1518-0 402.402.000.531 VACTORING WASTE MAY 2022 10,118.85 Total: 10,118.85 57077 6/16/2022 000980 WESTERN SYSTEMS INC 0000051958 101.042.000.594 SIGNAL CABINET REPLACEMENT-SPI 24,873.02 Page: as vchlist Voucher List Page: 5 0611612022 4:24:43PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 57077 5/16/2022 000980 WESTERN SYSTEMS INC (Continued) 0000051959 101.042.000.594 SIGNAL CABINET-BROADWAY I SULLI 19,439.77 0000051980 101.042.000.542 SIGNAL EQUIPMENT(REPLACE&UPC 3,143.46 Total: 47,456.25 57078 6/16/2022 001885 ZAYD GROUP LLC 2022060003578 001.090.000.518 NETWORK INFRASTRUCTUREACCES: 291.57 2022060005522 001.090.000.518 INTERNET SERVICES 626.70 2022060025710 001.090.000.518 NETWORK INFRASTRUCTURE ACCES: 251.09 Total: 1,169.36 44 Vouchers for bank code: apbank Bank total: 1,011,222.43 44 Vouchers in this report Total vouchers: 1,011,222.43 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. • Finance Director Date Council member reviewed: Mayor Date Council Member Date Page: D-3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28, 2022 Department Director Approval: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Pay Period Ending June 15, 2022 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: BUDGET/FINANCIAL IMPACTS: Employees Council Total Gross: $ 379,790.66 $ - $ 379,790.66 Benefits: $ 73,134.90 $ - $ 73,134.90 Total payroll $ 452,925.56 $ - $ 452,925.56 RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Raba Nimri DRAFT MINUTES City of Spokane Valley City Council Study Session Meeting Tuesday,June 7,2022 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in Council Chambers,and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley,Mayor John Hohman,City Manager Rod Higgins,Deputy Mayor Erik Lamb,Deputy City Manager Tim Hattenburg,Councilmember Chelsie Taylor,Finance Director Laura Padden, Councilmember Tony Beattie,Deputy City Attorney Brandi Peetz, Councilmember(arrived via Zoom 7:25 p.m.) John Bottelli,Parks,Rec&Facilities Dir. Arne Woodard,Councilmember Dave Ellis,Police Chief Jerremy Clark, Traffic Engineering Manager Absent: Morgan Koudelka, Sr.Admin.Analyst Ben Wick, Councilmember Bill Helbig, Community&Public Works Dir. Adam Jackson,Planning/Grants Engineer Kendall May,Recreation Coordinator Christine Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present except Councilmember Wick and Councilmember Peetz. It was moved by Councilmember Woodard, seconded and unanimously agreed to excuse Councilmembers Wick and Peetz. /Note: Councilmember Peetz joined the meeting via Zoom at 7:25 p.m.] APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. PROCLAMATION: Councilmember Woodard read the Proclamation for Pride Month ACTION ITEM: 1.Mayoral Appointment, Citizen to HCDAC—Mayor Haley It was moved by Deputy Mayor Higgins and seconded to confirm the Mayoral appointment of Tom Hormel to the Spokane County Housing and Community Development Advisory Committee for a three-year term pending official appointment by the Spokane County Board of Commissioners.Mayor Haley invited public comments;no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. NON-ACTION ITEMS: 2.Habitat for Humanity—Erik Lamb Deputy City Manager Lamb introduced Habitat for Humanity Chief Executive Officer Michelle Giradot, and Chief Operations Officer Eric Lyons, who then gave a presentation about their new construction including single family, duplex, triplex, and multi-family; their rehab acquisition; where, what and how does habitat build,and how their homeownership program works.Council thanked them for an informative presentation. 3. Six-year Transportation Improvement Program—Adam Jackson Mr. Jackson went through his PowerPoint explaining about the projects included in the 2023-2028 Six- Year Transportation Improvement Program (TIP); he noted a public hearing and motion for approval Council Meeting Minutes,Study Session:06-07-2022 Page 1 of 3 Approved by Council: DRAFT consideration is scheduled for next week's Council meeting. Council concurred to move this forward as proposed. 4.Aquatics Update —John Bottelli,Kendall May Director Bottelli introduced Recreation Coordinator Ms. Kendall May, and the two of them went through the PowerPoint presentation addressing the City's aquatic program and continued shortage of lifeguards and swim instructors; they gave an overview of the mechanical updates for the pools, and the proposed modified programming for the three pools, adding that the lifeguard shortage is a national issue. 5. South Barker Corridor Rate Studies—Jerremy Clark Mr. Clark gave some background on the rate studies for the external areas of the South Barker Corridor, the impact fee history,contributing jurisdictions,the rate studies,jurisdictional rate comparisons,mitigation fees and cost per project trip; ending with asking for Council consensus to bring a resolution to adopt the rate studies,at a future Council meeting. Council agreed. 6.Master Speed Limit Schedule—Jerremy Clark Via his PowerPoint presentation,Mr. Clark discussed the background and proposed changes to the master speed limit schedule;after which Council concurred to bring back a resolution to modify the Master Speed Limit Schedule,including the revision on Indiana Avenue. 7. Compression Brakes—Jerremy Clark,Chief Ellis Mr. Clark and Chief Ellis presented information concerning compression brakes, including previous mention from some Spokane Valley residents in areas such as Barker Road south of 8tn Avenue, and Argonne Road near Valleyway; mentioned the state law regarding compression brakes; said adjacent jurisdictions do not prohibit the use of compression brakes; mentioned Spokane County's Code allows compression brakes exceptions by segment; and Hayden Idaho prohibits them city-wide;and they spoke of enforcement and the availability of Commercial Motor Vehicle officers. There was Council discussion about the enforcement aspect, and that as construction changes that would cut down the truck traffic. Mr. Hohman also noted that concerning the complaints on Barker Road, that only part of that road is in our jurisdiction; and that officers have had some discussions with the County traffic people about whether the County would issue a 'no compression brake' ordinance. It was determined to postpone this topic until we can get further information on the County's intentions. 8. Law Enforcement Collective Bargaining Update—Erik Lamb,Chief Ellis,Morgan Koudelka [It was noted that Councilmember Peetz joined the meeting via Zoom.] Via their PowerPoint,Mr. Lamb, Mr. Koudelka and Chief Ellis gave some history of the 2022 law enforcement interlocal agreement as a result of collective bargaining updates;went over the hourly wage step tables;and showed tables comparing detectives, corporals and sergeants hourly wage; they showed a chart of vacation accrual rates; and mentioned the financial impact to Spokane Valley as estimated by the Sheriff's Office. There was some discussion about budget impacts and incentives to help with recruiting,with Chief Ellis estimating that in mid to late July, we would likely only have two vacancies. Mr. Lamb stated that overall this amounts to significant increases in 2023 and 2024, and that Council will see more of this at next week's budget workshop. 9. Splashdown Update—Cary Driskell Standing in for City Attorney Driskell, Deputy City Manager Lamb briefly updated Council on the status of Splashdown,which has again remained closed for 2022; and that the proposed lease amendment would waive lease payments for 2022,and also waive the requirement for them to have premises liability insurance for this year. It was noted that we have received permission from the current owners for the facilities to be used for Police Officer training. There was Council consensus to bring this as a motion consideration at next week's Council meeting. Council Meeting Minutes,Study Session:06-07-2022 Page 2 of 3 Approved by Council: DRAFT 10. Hearing Examiner Rules Update —Cary Driskell,Tony Beattie Deputy City Manager Lamb explained the purpose of the proposed rules update, as shown on the Request for Council Action form, and that the primary change in the Rules of Procedure is to split the rules to address the two different types of hearings. Mr. Lamb said these changes do not represent any substantive changes. Council agreed to bring this forward for a first reading at a future Council meeting. 11.Advance Agenda—Mayor Haley Although there were no additions to the Advance Agenda, Councilmember Woodard asked about the way fare signs item on the Advance Agenda pending list. Mr.Hohman said he will look at that and will advise when staff can bring that forward. 12. Council Comments—Mayor Haley Mayor Haley said she read an article about the Valley Partners which has shelves that are almost empty and said that maybe we could use some ARPA dollars to give them money to purchase food; said she feels this is a short-term problem. 13. City Manager Comments—John Hohman City Manager Hohman said that the City's case against Union Pacific in connection with Euclid and Barker and the lane expansion,which has been held up for years from UP; said we filed a petition with the UTC and today were notified we were successful as the UTC granted our petition to remove those maintenance costs out of the construction agreement, which UP wanted to keep and which were illegal; said there is a ten-day process where UP can ask for reconsideration, followed by a thirty-day appeal process; said he is hopeful we will get this resolved so we can finish the project.Mr.Hohman also reminded everyone of next week's Council/Staff Budget workshop beginning at 8:30 a.m. and lasting until about 2:30 p.m.,which will then be followed by a 4:00 p.m. special meeting which has a pretty full agenda, which meeting is being held in place of the regular 6 pm meeting; and lastly mentioned the AWC (Association of Washington Cities)conference June 21,which Councilmembers will attend,and therefore,the June 21 Council meeting has also been cancelled. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:00 p.m. ATTEST: Pam Haley,Mayor Christine Bainbridge,City Clerk Council Meeting Minutes,Study Session:06-07-2022 Page 3 of 3 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Special Meeting Tuesday, June 14,2022 Mayor Haley called the meeting to order at 4:00 p.m. The meeting was held virtually via Zoom, and also in City Hall Council Chambers with Council and staff attending in person. Attendance: Councilmembers Staff Pam Haley,Mayor John Hohman,City Manager Rod Higgins,Deputy Mayor Erik Lamb,Deputy City Manager Laura Padden,Councilmember Chelsie Taylor,Finance Director Brandi Peetz,Councilmember Cary Driskell,City Attorney Ben Wick, Councilmember John Bottelli,Parks,Rec&Facilities Director Arne Woodard,Councilmember Bill Helbig, Community&Public Works Director Tony Beattie, Sr. Deputy City Attorney Absent: Dave Ellis,Police Chief Tim Hattenburg, Councilmember Adam Jackson,Planning/Grants Engineer Jerremy Clark,Engineering Manager Mike Basinger,Economic Development Director Lori Barlow, Senior Planner Eric Robison,Housing&Homeless Coordinator Christine Bainbridge, City Clerk INVOCATION: The invocation was given by Pastor Craig Lotze of Victory Faith Church. PLEDGE OF ALLEGIANCE Council,staff and the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmember Hattenburg.It was moved by Councilmember Woodard, seconded and unanimously agreed to excuse Councilmember Hattenburg. APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS City Manager Hohman introduced Ms.Melanie Rose from Avista Utilities; said she will be transitioning to a new role at Avista and that tonight is a good opportunity to thank her for developing the strong relationship with us, and to introduce Mr. Colton Ducken who will be her replacement. Mr. Hohman explained that when Ms.Rose came into her position,we were at a critical time in our relationship with Avista concerning several issues, and Ms. Rose changed all that; said she was instrumental in the Barker and the Pines Grade Separation Projects; that the utility relocations on Barker were extremely complicated and that Ms. Rose worked with us through all those issues as well as the agreements with us to make sure everything worked on time, and said all that would not have happened without her; he also mentioned the donation of the property with the Pines project; and extended congratulations and thanks to Ms. Rose, adding that as she works as the representative for the City and the County,that there will likely be many times that we will be able to coordinate our activities and use this strong relationship.Council gave Ms.Rose a round of applause and thanks.Ms.Rose then introduced Mr. Colton Ducken. COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Wick: said he attended a FMSIB (Freight Mobility Strategic Investment Board)meeting where they continued discussion about their budget,and about truck parking; said he was selected Chair of Council Meeting Minutes, Special:06-14-2022 Page 1 of 6 Approved by Council: DRAFT the AWC (Association of Washington Cities) Large City Advisory Committee and at that committee meeting,they discussed legislative priorities as well as the topic of affordable housing. Councilmember Woodard: spoke about the HCDAC (Housing and Community Development Advisory Committee); received a report that the CDBG (Community Development Block Grant) allocations have been adjusted down by about $400,000 due to things going on at HUD although he said he hasn't heard anything about adjustments to our projects. Councilmember Padden: said that the Spokane Regional Law and Justice Council passed their bylaws, and that presentations and discussions about the jail facilities will begin soon. Councilmember Peetz: said that as part of the Spokane Mayor's Mental Health's Regional Task Force,that she is on the marketing and policy sub-committee where they are discussing innovative ideas as the Department of Commerce just release their list of grants;also met with the Government Action Committee yesterday where they heard a presentation from the Sports Commission and one from the Fire Department about their budget; said she participated in Greater Spokane, Inc.'s fly-in to Washington, D.C. and got to advocate on our City's behalf; and went to the legislative priorities meeting with AWC where they talked about condo liability and local control. Deputy Mayor Higgins:mentioned the Clean Air Board meeting and that they are struggling with declining revenues and rising cost; also attended the SRTC(Spokane Regional Transportation Council)meeting. MAYOR'S REPORT:Mayor Haley reported that the STA(Spokane Transit Authority)is doing well with sales tax and grant money from the state and federal government;that the SRTC meeting spent most of the time talking about the list of projects, and she noted that our projects are included among the top ten. PROCLAMATION: n/a GENERAL PUBLIC COMMENT OPPORTUNITY Ill: Mayor Haley explained the process, then invited public comments. Ms. Carolyn Loy: said she has a problem with a neighbor who has about nine cars, none of which are licensed; said he is running a business at 5th and Park; said she is tired of cars coming and going, and that this has been going on over two years. Ms. John Freeman: referenced his handout distributed previously by the City clerk; said there needs to be an external investigation into the Spokane Valley Police Department; he spoke about the officer's use of emergency lights to get through an intersection; said they can't follow their own procedures and something needs to happen. Mr. Rick Donaldson: gave his address as 14605 E Sanson in the Trentwood area; spoke of a safety issue regarding the construction of the Bigelow Gulch/Sullivan project; said people are ignoring the detour signs and driving and speeding through the residential area; said maybe someone could put up something to help alleviate this problem,maybe the flashing speed limit signs; said people are angry and are putting objects in the streets to deter the traffic; said he contacted the City and the County and each pointed their finger to the other. Mr. Curtis Reiland: spoke of the horrible road condition on 29th off Highway 27; said he used a map to try to report this but there has been no response; said he wants to see this road get some attention as it has been declared a red road and nothing has been done. Mr.Jim Hose:he requested that his neighborhood be added to the six-year street plan; said part of that area was developed in the 1950s,60's, and 70's and nothing has been done for a long time in his neighborhood. 1. PUBLIC HEARING: Six-Year Transportation Improvement Program—Adam Jackson Mayor Haley opened the public hearing at 4:34 p.m. and invited Mr.Jackson to explain about the program. Mr. Jackson explained that the TIP is a tool of the state to enable the spending of REET(real estate excise taxes) on capital projects; he also mentioned the red spaces shown on slide 8, project 30, are the worst streets and not sustainable financially;that cities can spend more dollars fixing smaller areas as without any treatment,they will slowly fall into disrepair; so it is a fine balancing act which staff constantly evaluates; said the area around 29th and Highway 27 is not specifically in the TIP, and that of course, funding comes into play for all the projects.Councilmember Padden told Mr.Jackson that he might have a different attitude Council Meeting Minutes, Special:06-14-2022 Page 2 of 6 Approved by Council: DRAFT if he lived in one of those neighborhoods, that 35 years is a long time without any major improvements, and that she would like to see this neighborhood included in the six-year plan. Mr. Jackson said that even after the street wear fees were applied to the Midilome project,that area is still shown in red;that particular neighborhood along with other neighborhoods are on the list for the pavement study, but the problem is also stormwater. In response to a question from Mayor Haley about how we make the red roads good,Mr. Hohman said that we have been talking extensively about that for 19 years; that the Street Sustainability Committee last year mentioned that the one thing we do well on is the arterials,but there is no grant money for local access roads;even using the street wear fee of$1.5 million,those funds don't go far; said it would be prudent to add this onto the Plan and to look at different options about moving this forward for that and other neighborhoods;he said that ARPA funds are not an allowable use unless it is for water and sewer;he also noted we have certain challenges coming forward on the budget that we discussed this morning; but that we have under-funded maintenance and preservation of local access roads from the beginning.Mayor Haley invited public comment. Mr.Jim Hose again spoke to the disrepair of the roads.Mr. Curtis Reiland asked when this would happen and said it should have been six or seven years ago. There were no further public comments and Mayor Haley closed the public hearing at 4:56 p.m. 2. Resolution 22-010 Adopting Transportation Improvement Program—Adam Jackson It was moved by Deputy Mayor Higgins and seconded to approve Resolution 22-010 adopting the 2023- 2028 Six Year TIP as presented. Councilmember Wick mentioned that the policy has been to focus on the yellow area, and mentioned the $1.5 million for the Midilome area; said the programs were previously funded by the phone utility tax which has been dramatically dwindling; said we can't keep up with the yellow streets let alone the red as the revenue isn't there and said Council has to come to an agreement about increasing revenues. Mayor Haley mentioned that there will be a future discussion about property taxes as most of our income comes from sales tax. It was moved by Councilmember Padden and seconded to add the Skyview neighborhood to the TIP. Mr. Jackson explained that the TIP is a high-level planning document;that if Council approves the motion,he will add the Skyview Neighborhood project,but it will be in the last year of the TIP. Mr. Hohman added that staff would come back at a future meeting and highlight the cost of this project.Councilmember Wick reminded everyone that the TIP has to be financially constrained, with comment from Councilmember Woodard that Council needs to talk about the need for additional revenue to address residential neighborhoods, even with coming into a time when it would be difficult to pay for additional programs. Mr. Jackson also reminded everyone projects must be in the six- year TIP program in order to use the REET(real estate tax)funds, and that the Tip can be amended at any time. Mr. Hohman said it would be helpful to have Mr. Jackson look at the extent of the poor streets and come back later for that discussion; that we don't have the funds to expend, but can look at the neighborhoods and identify the needs. Vote by acclamation to amend the motion: in favor: unanimous. Opposed: none. Motion carried. Vote by acclamation on the fully amended motion: in favor: unanimous. Opposed: none. Motion carried. NEW BUSINESS: 3. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion:I move to approve the Consent Agenda. a.Approval of Claim Vouchers on June 14, 2022,Request for Council Action Form: $1,254,217.56 b.Approval of Payroll for Pay Period ending May 31,2022: $623,739.55 c.Approval of Council Meeting Minutes of May 24,2022,Formal Meeting d.Approval of Council Meeting Minutes of May 31,2022 Study Session It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the consent agenda. 4. Second Reading Ordinance 22-009 Public Parking—Cary Driskell After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Higgins and seconded to approve Ordinance 22-009, as proposed. City Attorney Driskell went through the PowerPoint and noted staff will be reporting back after about twelve months on the use of SCOPE as enforcement, adding that a resolution for a master parking prohibition schedule will also be coming forward in the near future.Mayor Council Meeting Minutes, Special:06-14-2022 Page 3 of 6 Approved by Council: DRAFT Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 5.First Reading Ordinance 22-010 Code Enforcement—Erik Lamb,Bill Helbig After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Higgins and seconded to advance Ordinance 22-010 adopting amendments related to junk vehicles, vehicle parking/storage, and camping nuisances, to a second reading. Deputy City Manager Lamb went through the PowerPoint explaining the amendments and noting that they address junk vehicles,vehicle parking and storage,RV and tent camping,but that multifamily will not be included as it is a development code issue and by law,must go through the Planning Commission process, which staff has started. After discussion about the amendments, it was determined to make the following changes for the second reading: the exception to junk vehicle, i.e. exception for one sight-screened junk vehicle, should also apply to unlicensed vehicle; vehicle parking and storage on private property to limit no more than five parked or stored operable vehicles,plus one RV plus one boat on a licensed trailer, and to keep the exception for the number where the owner/tenant can demonstrate more than five licensed drivers residing at the property. All Councilmembers agreed with the change for the second reading, on the number of vehicles, except Councilmembers Wick and Padden.Mayor Haley invited public comment;no comments were offered. Vote by acclamation: in favor:Mayor Haley,Deputy Mayor Higgins, and Councilmembers Peetz and Woodard. Opposed: Councilmembers Wick and Padden. Motion carried. 6. Resolution 22-011 Amending Master Speed Limit Schedule—Jerremy Clark It was moved by Deputy Mayor Higgins and seconded to approve Resolution 22-011 repealing and replacing Resolution 18-006, and amending the Maser Speed Limit Schedule.Mr. Clark said the schedule with the recommended revisions is per last week's briefing. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 7. Resolution 22-012 S.Barker Corridor Rate Studies—Jerremy Clark It was moved by Deputy Mayor Higgins and seconded to approve Resolution 22-012 adopting the South Barker Corridor Transportation Impact Fee Rate Study for Liberty Lake, the South Barker Corridor Transportation Impact Fee Rate Study for Spokane County, and the South Barker Corridor Impact Fee Cost Per Trip by Segment Analysis. Mr. Clark said the resolution is per discussion with Council at last week's briefing. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 8.Motion Consideration: Splashdown Contract Amendment— Cary Driskell It was moved by Deputy Mayor Higgins and seconded to approve the 2022 Amendment to the Lease Between the City of Spokane Valley and New Splash-Down Concessions, Inc., and authorize the City Manager to finalize and execute the same. City Attorney Driskell briefly went over the background of Splashdown and the proposed lease amendment. Mayor Haley invited public comment;no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. GENERAL PUBLIC COMMENT OPPORTUNITY 121: Mayor Haley invited public comments. Ms. Barb Howard, Spokane Valley (via Zoom): spoke about property taxes and suggested when Council goes to Vancouver,that they talk to the Governor about this issue; said 'the state screwed us over' and that 'we are not rolling in dough;"said taxes come from levies and bonds and we don't get much;said she thinks it is not a good idea to shut off some of the lights; and said that the tax break for seniors won't be revisited until 2025. There were no other public comments. Mayor Haley called for a recess at 6:03 p.m.; she reconvened the meeting at 6:07 p.m. Council Meeting Minutes, Special:06-14-2022 Page 4 of 6 Approved by Council: DRAFT ADMINISTRATIVE REPORTS: 9. Code Text Amendment 001, Community Services Regulations — Lori Barlow, Eric Robison, Mike Basinger Senior Planner Barlow went through the PowerPoint explaining the proposed community services regulations amendments as well as reference to House Bill 1220, which resulted in our adopted interim regulations,which expire July 19,2022.Mr.Robison stated that since the Planning Commission,there have been some other suggested amendments,which are not in the packet; that the first is to authorize the City Manager to authorize temporary emergency shelter spaces in response to emergencies such as a cooling or warming center in response to such things as a fire,tornado or other event where people's health and safety are at risk, the City Manager could authorize temporary emergency shelters, which emergency would be good for 30 days but could be renewed; that these would not be on-going regular shelters, but for an immediate event; he also noted they are working to find potential operators for such emergency cooling and warming centers; he added that last year in the Spokane area, 168 people in the County passed away outside during severe inclement weather conditions so it was felt there is a need for short-term emergency shelters.The second proposed change,Mr.Robison explained deals with spacing requirements;the original code shows one mile between any uses,the Planning Commission recommends one-half mile between any uses, and Family Promise indicated they would like to have a community site that would classify as transitional housing,not a shelter,in the Broadway Elementary neighborhood as they serve a lot of families in that area and they would like the families to be close to the school. He noted NAOMI,another transitional housing provider just down the street and that a representative from NAOMI indicated they would like to be in this neighborhood but the regulations state they would have to be one-mile away.Mr. Robison noted there are problems with the spacing requirements as one doesn't always know where the transitional houses are and that they do not require any permitting,and he noted that transitional housing is very different from an emergency shelter as transitional housing often times includes families with children. There was lengthy Council discussion on the various suggested changes for when the proposed changes come before Council as a first ordinance reading. Concerning the emergency power of the City Manager, it was ultimately decided to go with City Attorney Driskell's suggestion after the thirty day period of emergency,that an extension be handled by a resolution to be approved by Council, declaring emergency conditions,and that the emergency resolution would state that as soon as the conditions are over,that would result in an end of the emergency and staff would bring Council another resolution declaring that the emergency has ended. Concerning spacing between transitional housing, which is more of a family neighborhood issue, it was determined to remove the spacing requirement. For the issue of transitional housing and parking regulations, in additional to the Planning Commission proposed criteria,Mr. Robison explained that the idea is to have a place where they are allowed and we can direct people there so they won't have to keep moving;that doing so gives us ability to contact them to work to get them into housing; that most models require background checks and to park there the establishment would have to apply and get approved; on-site services would be ideal; and ideally we would have a situation which would include on-site case management. Ms. Barlow added that as drafted,this would be for example, if a church were to propose to provide transitional parking, part of the review would be us looking at their parking requirements,so should this be proposed at any location where they have a required parking amount, they would not be able to `under park' themselves in order to provide this service; and every requirement for the other uses, whether it is emergency shelter or emergency housing, all of those same requirements apply to the transitional parking and they would have to go through the same process with the operations plan for review,and would have the same limits on the number of people.Ms.Barlow added that you couldn't get more than 20 adults in a non-residential zone, and as written,up to ten adults in residential zones,which is likely where most of our churches are located. Mr. Basinger stated that with the program that staff will be bringing forward,there will be steps to get into permanent housing; he feels our limitations are reasonable,the separations with the shelters would prevent anything like what is going on downtown, and with our transitional parking, you would never see anything like Camp Hope, that we would only allow 20 people and there are rules and regulations;and that is something that a service provider or a church would want to provide;he added that all the models staff has seen were churches;that churches Council Meeting Minutes, Special:06-14-2022 Page 5 of 6 Approved by Council: DRAFT can do what they want; but we want to have regulations in place; and that the goal is not just permanent housing, but how to get people into employment; and if these rules and regulations are not functioning as we would have hoped, we can always go back and make revisions. Ms. Barlow stated that the provider would have to provide a plan for waste management; that does not mean an RV must have a hook-up; and that staff would review the plan for approval. Mr. Hohman also clarified that these would not be city- initiated or owned facilities; they would be a service provider, or non-profit and they would make the proposals and come in for a permit. At 7 :00 p.m., it was moved by Deputy Mayor Higgins, seconded and unanimously agreed to extend the meeting for fifteen minutes. Mr. Robison further explained that the original uses in this code include emergency shelters, which is similar to a traditional shelter, up to only 20 people in certain zones, which would likely run year-around; and this additional amendment, in the event of an emergency like heating/cooling,for those; said he has been having conversations with Spokane Valley Partners who might use their basement for families and single women,and that the Dream Center who would either be a church with a lot of open space, they would use their space for men or couples; so once there is no longer an emergency,they would go back to whatever their regular operations were. To recap,Mr. Hohman said on the 30 days we would have the draft language referred to by Mr. Driskell; that transitional housing would be removed from the spacing requirement,which leaves the question of spacing between uses and whether to use the Planning Commission's suggested half-mile, or a mile. Council confirmed they would like the mile between uses. Council confirmed there were no issues on the transitional parking. 10.Advance Agenda—Mayor Haley There were no suggested changes to the Advance Agenda. CITY MANAGER COMMENTS City Manager Hohman said that Spokane Indians President Chris Duff would like to present some additional information and talk about the specifics of the project, and he mentioned the idea of holding a special meeting either here at Council Chambers or at the stadium. Councilmembers were in agreement to hold such a special meeting at the Stadium.Mr.Hohman said it would likely be held later afternoon or early evening on a non-game day.Mr.Hohman noted the letter distributed to Council concerning a request for a support letter for STA's(Spokane Transit Authority)Argonne Station Park&Ride Project,to urge WSDOT to fund the construction of that project. There were no objections to Mayor Haley signing and sending the letter. Mr.Hohman also noted there have been some changes in our code enforcement officers and our new code enforcement officers are Mr.Chris Johnston,former community resource officer,and Mr.Tim Wirun, a former Geiger Correction Officer. And lastly, Mr. Hohman reminded everyone that next Monday City Hall will be closed in recognition of the new holiday,Juneteenth,and that the June 21 Council meeting has been cancelled as Councilmembers attend the Association of Washington Cities (AWC) Conference in Vancouver,Washington. It was moved by Deputy Mayor Higgins, seconded, and unanimously agreed to adjourn. The meeting adjourned at 7:05 p.m. ATTEST: Pam Haley,Mayor Christine Bainbridge,City Clerk Council Meeting Minutes, Special:06-14-2022 Page 6 of 6 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28, 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: Second Reading Ordinance No. 22-010 adopting amendments for junk vehicle, camping, and parking nuisances GOVERNING LEGISLATION: Chapters 7.05, 19.60, 19.65, and 19.160 SVMC PREVIOUS COUNCIL ACTION TAKEN: Adoption of chapter 7.05 SVMC relating to nuisances in 2003; amended in 2005, 2006, 2008, 2012, 2017; and 2018. Chapter 17.100 relating to enforcement was recodified in its entirety in 2016. SVMC 7.05.045 was added as a new section in 2019 to address chronic criminal nuisance properties. Chapter 17.105 SVMC relating to unfit structures was added in 2018 to provide an alternative approach to addressing properties that have seriously degraded structures; June 1, 2021 Code Enforcement Program Overview; June 29, 2021 Administrative Report on Code Enforcement amendments - policy discussion on Council preferences; October 5, 2021 Administrative Report on Code Enforcement Program follow-up — Topic #1 Parking; October 12, 2021 Administrative Report on Code Enforcement Program follow-up — Topic #2 Camping; May 3, 2022 Administrative report on parking and related nuisances on private property; June 14, 2022 First Reading of Ordinance No. 22-010. BACKGROUND: As a follow-up to the Code Enforcement Program overview presentation during the regular City Council meeting on June 1, 2021, staff initiated a broad discussion with Council during the regular City Council meeting on June 29, 2021, as to the specific issues and nuisances which are of concern to local residents, business owners, and property owners, as well as elected officials. City Council has had multiple follow-up discussions on a number of the topics. As a result of the discussions, staff drafted amended SVMC language for Council review related to junk vehicles, vehicle parking and storage on private property, camping on private property, and multifamily development parking. During the May 3, 2022 administrative report Council considered a variety of topics and gave direction for the proposed nuisance amendments. During the June 14, 2022 first reading of Ordinance No. 22-010, Council voted 4-2 to move the proposed Ordinance and amendments to a second reading as follows: - Allow an exception to the junk vehicle/unlicensed prohibition for one junk/unlicensed vehicle behind a fence. -Allow a total of seven operable vehicles/vessels to be stored on private property as follows: Five operable vehicles, plus one recreational vehicle, plus one vessel (boat) on a licensed trailer. Council also agreed to an exception for the five operable vehicles for additional licensed drivers living at the property. -Allow 30 days for temporary permit for use of an RV. -Allow short-term tent camping (no more than 48 hours) up to four times per year. Staff have incorporated the changes from the first reading into the proposed amendments for City Council consideration. OPTIONS: Approve proposed Ordinance No. 22-010, with or without further amendments; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve Ordinance No. 22-010, adopting amendments related to junk vehicle, vehicle parking/storage, and camping nuisances, as drafted. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Erik Lamb, Deputy City Manager Bill Helbig, Community& Public Works Director ATTACHMENTS: Draft Ordinance No. 22-010 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.22-010 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING CHAPTER 7.05 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO NUISANCES AND OTHER UPDATES,AMENDING CHAPTER 19.65 OF THE SPOKANE VALLEY MUNICIPAL CODE REGARDING RECREATIONAL VEHICLE USE,AND OTHER MATTERS RELATING THERETO. WHEREAS,pursuant to RCW 35A.11.020 and RCW 35.22.280(30),the City of Spokane Valley (City) is authorized to "declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create,continue,or suffer nuisances to exist"; and WHEREAS, the City previously adopted chapter 7.05 of the Spokane Valley Municipal Code (SVMC) in order to maintain a safe and healthy environment by regulating nuisance conditions that contribute to injury,illness,devaluation of property, and the incidence of crime; and WHEREAS,pursuant to chapter 7.48 RCW,the City is authorized to obtain an order for a warrant of abatement of public nuisances that may exist within the City; and WHEREAS,the City Council has identified certain other conditions, including but not limited to storage of unlicensed and junk vehicles on private property,camping on private property,improper vehicle parking and storage on private property, and recreational vehicle use on private property,which contribute to injury, illness, devaluation of property, and the incidence of crime and it desires to regulate such conditions as nuisances; and WHEREAS,the City Council desires to amend the applicable nuisance provisions in the SVMC to provide necessary updates for the public health, safety,and welfare. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington,ordains as follows: Section 1. Purpose. The City Council hereby finds it appropriate to amend the Spokane Valley Municipal Code provisions related to nuisances and to update other appropriate Code provisions related to nuisances and nuisance abatement procedures. Section 2. Amendment. The following sections of chapter 7.05 SVMC are hereby amended as follows. Any section of chapter 7.05 SVMC not identified herein shall remain unchanged. 7.05.010 Purpose and intent. The purpose and intent of Chapter 7.05 SVMC is to create and maintain a safe and healthy environment for the citizens of the City by identifying and eliminating the conditions that contribute to injury, illness, devaluation of property,and the incidence of crime through the existence of nuisance conditions on public and private property. 7.05.020 Definitions. In addition to any definitions contained in Appendix A, the following words shall, for the purposes of Chapters 7.05 and 17.100 SVMC,be defined as: "Days" are counted as business days when five or fewer days are allowed to perform an act required by Chapter 7.05 SVMC."Days"are considered calendar days when more than five days are allowed to perform an act required by Chapter 7.05 SVMC. "Days" are counted by excluding the first day, and including the Ordinance 22-010 Regarding Nuisances Page 1 of 9 DRAFT last day,unless the last day is a holiday, Saturday,or Sunday,pursuant to RCW 1.12.040, as now adopted or hereafter amended. "Determination of compliance" means a written determination by the city manager or designee that the violation(s) stated in the warning, voluntary compliance agreement,notice and order, stop work order, or other applicable order have been sufficiently abated so as to comply with the SVMC. "Graffiti" means an unauthorized marking, symbol, inscription, word, figure, design, or other inscribed material that has been placed upon any property through the use of paint, ink, dye, or any other substance capable of marking property. "Impound"means to take and hold a vehicle in legal custody pursuant to law. "Inoperable"means incapable of being operated legally on a public highway,including,but not limited to, not having a valid,current registration plate or a current certificate of registration. "Junk vehicle"means a vehicle meeting at least three of the following criteria: 1. Is three years old or older; 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield,or missing wheels,tires,motor,or transmission; 3. Is apparently inoperable; 4.Has an approximate fair market value equal only to the approximate value of the scrap in it. "Nuisance" means a person's unreasonable or unlawful use of real or personal property, or unreasonable, indecent, or unlawful personal conduct or omission of conduct which materially interferes with,obstructs, or jeopardizes the health, safety, prosperity, quiet enjoyment of property, or welfare of others, offends common decency or public morality,or obstructs or interferes with the free use of public ways,places, or bodies of water. "Ongoing criminal activity related to the premises"means that(1)criminal activity is or has been occurring at the premises; or(2) criminal activity is or has been occurring near the premises and such activity has a reasonable and proximate connection to the premises, whether by owners, occupants, or persons visiting such owners or occupants. Examples of conduct or actions that constitute criminal activity occurring at or near the premises of the subject property include,but are not limited to,the following: 1. Service of a search warrant by law enforcement personnel; or 2.Arrest of one or more individuals by law enforcement personnel during any 24-hour period;or 3. Commission of a misdemeanor, gross misdemeanor, or felony at or near the premises and where there is a reasonable and proximate connection between the crime or criminal and the premises, including those visiting the owner or occupants of the premises; or 4.Visits by law enforcement personnel which occur based upon a reasonable belief by law enforcement that a crime is occurring or has occurred, but which do not result in any of the actions identified in subsections (1) through (3) of this definition; provided, that visits alone may not form the sole basis for determining a premises to be a chronic nuisance premises. For purposes of this definition, service of warrants, arrests, or commission of misdemeanor or felony domestic violence shall not be considered criminal activity. "Person"means any public or private individual, sole proprietorship, association,partnership,corporation, or legal entity,whether for-profit or not-for-profit,and the agents and assigns thereof. Ordinance 22-010 Regarding Nuisances Page 2 of 9 DRAFT "Person(s)responsible for a junk vehicle nuisance violation"means any one or more of the following: 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; or 2. The last registered owner of the vehicle,unless the owner in the transfer of ownership of the vehicle has complied with state law; or 3. The legal owner of the vehicle. "Person(s)responsible for a nuisance violation"means the person or persons who caused the violation, if that can be determined, and/or the owner, lessor, tenant, or other person(s) entitled to control,use, and/or occupancy of the property and the abutting public rights-of-way. "Unlicensed vehicle"means a vehicle that is not displaying a valid license plate and/or current registration tabs,or which has a license plate but registration that has an expired registration of more than 45 days. "Vehicle," for the purposes of SVMC 7.05.04004, includes every device capable of being moved upon a public highway and in,upon,or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks,pursuant to RCW 46.04.670. "Vessel"for purposes of SVMC 7.05.040 shall have the same meaning as set forth in RCW 79A.60.010. 7.05.030 Compliance, authority and administration. In order to discourage public nuisances and otherwise promote compliance with Chapter 7.05 SVMC,the city manager or designee may, in response to field observations, determine that violations of Chapter 7.05 SVMC have occurred or are occurring,and may utilize any of the compliance provisions set forth in Chapter 17.100 SVMC. 7.05.040 Nuisances prohibited. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisance within the City including on the property of any person,firm,or entity or upon any public rights- of-way abutting a person,firm,or entity's property.Prohibited public nuisances include,but are not limited to: A.Vegetation. 1. Any vegetation, or parts thereof, which hang lower than eight feet above any public walkway or sidewalk; or hang lower than 14 feet above any public street; or which are growing in such a manner as to obstruct or impair the free and full use of any public walkway, sidewalk,or street; or violate City clearview triangle regulations. The City shall be responsible for maintaining all vegetation placed by the City adjacent to a public walkway, sidewalk,or street. 2. Any growth of noxious weeds or toxic vegetation shall be subject to Chapter 16-750 WAC as currently adopted and hereafter amended. B. Buildings, Structures, Fences. Buildings or portions thereof which are deemed dangerous or unfit pursuant to the SVMC(including all building and property maintenance codes and regulations as currently adopted and hereafter amended). C. Sidewalks. 1.Any protrusion,awning,or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. Ordinance 22-010 Regarding Nuisances Page 3 of 9 DRAFT 3.Accumulations of dirt or debris not removed from a public sidewalk. D.Accumulations of Materials, Garbage,Recyclables,Furniture,Machinery. 1. Building and Construction Materials. Any accumulation, stack, or pile of building or construction materials, including but not limited to metal, wood, wire, electrical, or plumbing materials, not associated with a current, in-progress project and not in a lawful storage structure or container. This provision does not apply to a designated contractor's yard. 2. Garbage,Recyclables, Compost,and Infestations. a. Garbage or recyclables not properly stored in a receptacle with a tight-fitting lid. b. Any accumulation of broken or neglected items, litter, salvage materials, or junk not in an approved enclosed structure. c. Creating or maintaining any accumulation of matter, including but not limited to foodstuffs or dead vegetation(excluding properly maintained residential compost piles). 3.Furniture,Appliances,Furnishings, and Equipment. a. Any broken or discarded household furniture, furnishings, equipment, or appliance not in an approved enclosed structure. b. Any enclosure which may entrap a human or an animal, including accessible refrigeration appliances that have not had the doors secured or removed. 4. Machinery and Equipment. Any broken or inoperable accumulation of, or part of, machinery or equipment not in an approved enclosed structure. SVMC 7.05.040(D)(4)shall include such machinery and equipment as boats,jet-skis, snowmobiles, aircraft,golf carts, and the like, but shall not include junk vehicles,which are regulated pursuant to SVMC 7.05.040(N2). E.Fire Hazards.Any stack or accumulation of newspapers,dead vegetation(excluding properly maintained compost piles), overgrown vegetation, cardboard, or any other paper, cloth, or wood products left in a manner that poses a substantial risk of combustion or the spread of fire, as determined by the fire marshal. F.Toxic or Caustic Substances.Improper storage or keeping of any toxic,flammable,or caustic substances or materials. G. Smoke, Soot, or Odors.Allowing the escape or emission of any harmful smoke, soot, fumes, gases, or odors which are offensive or harmful to a reasonable person. H.Bodies of Water. 1.All stagnant,pooled water in which mosquitoes,flies,or other insects may multiply,excluding any City-approved structure related to storm drainage systems. 2. The polluting of any waterway, well, or body of water which is not subject to the jurisdiction of another federal, state,county, special purpose district or city agency. I. Holes. Any excavated or naturally occurring uncovered holes which are not marked, guarded, or otherwise secured, and which constitute a concealed danger. J. Attractive Nuisances. Any accessible nuisance which is attractive to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks,or other unguarded conditions or situations that could injure or trap a child. Ordinance 22-010 Regarding Nuisances Page 4 of 9 DRAFT K. Noise. 1. Any noise or sound that,originating within a residential zone, intrudes into the property of another person that exceeds the maximum permissible noise levels pursuant to Chapter 173-60 WAC, as currently adopted and hereafter amended. Such noise or sound may include,but is not limited to,noise or sound created by use of a radio,television set,musical instrument, sound amplifier,or other device capable of producing or reproducing noise or sound; or in connection with the starting, operation, repair, rebuilding, or testing of any vehicle, off-highway machinery or equipment, or internal combustion engine. 2. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1): a.Normal use of public rights-of-way; b. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC; c. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations; d. Sounds created by surface carriers engaged in commerce or passenger travel by railroad; e. Sounds created by warning devices not operating continuously for more than five minutes, or bells,chimes,or carillons; f. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible; g. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community; h. Sounds originating from officially sanctioned parades and other public events; i. Sounds created by watercraft, except to the extent that they are regulated by other City or state regulations; j. Sounds created by motor vehicles licensed or unlicensed when operated off public highways, except when such sounds are made in or adjacent to residential property where human beings reside or sleep; k. Sounds originating from existing natural gas transmission and distribution facilities; 1. Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of the federal government,state or municipality; m. Sounds created in conjunction with the collection of solid waste; n. Sounds created in conjunction with military operations or training; o. Sounds originating from organized activities occurring in public parks, playgrounds, gymnasiums,swimming pools,schools,and other public facilities and public recreational facilities during hours of operation; p. Sounds originating from agricultural activities. 3.The following shall be exempt from provisions of SVMC 7.05.040(K)(1)between the hours of 7:00 a.m. and 10:00 p.m.: Ordinance 22-010 Regarding Nuisances Page 5 of 9 DRAFT a. Sounds originating from residential property relating to temporary projects for the repair or maintenance of homes,grounds, and appurtenances; b. Sounds created by the discharge of firearms on authorized shooting ranges; c. Sounds created by blasting; d. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible; e. Sounds created by the installation or repair of essential utility services. 4. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1)between the hours of 7:00 a.m. and 10:00 p.m.,or when conducted beyond 1,000 feet of any residence where human beings reside and sleep at any hour: a. Sounds originating from temporary construction sites as a result of construction activity; b. Sounds originating from the quarrying,blasting and mining of minerals or materials,including, but not limited to, sand,gravel,rock and clay, as well as the primary reduction and processing of minerals or materials for concrete batching, asphalt mixing and rock crushers; c. Sounds originating from uses on properties which have been specifically conditioned to meet certain noise standards by an appropriate City hearing body. L. Dust. Any disturbance of any land area,or permitting the same,without taking affirmative measures to suppress and minimize the blowing and scattering of dust, which unreasonably interferes with the peace, comfort,or repose of a reasonable person. This provision does not include permitted agricultural activities. M.Yard Sales. The holding or permitting of either: 1.A yard sale on the same lot for(a)more than seven consecutive days; (b)more than two consecutive weekends; or 2.More than three separate yard sale events in one calendar year. The prohibition under this Section SVMC 7.05.040(M) shall only apply to dwellings, including but not limited to single family,multifamily,and duplex dwellings. N. Camping on Private Property. Camping on private property, including the use of tents and similar membrane structures, sheds and similar rigid structures, trailers, vehicles, and recreational vehicles, and similar items for the purposes of sleeping, eating, cooking, sanitation, or other activities consistent with dwelling on private property. SVMC 7.05.040(N)does not apply to: 1. Legally established campgrounds and RV parks. 2.Temporary use of a recreational vehicle with a valid City of Spokane Valley Temporary Use Permit pursuant to SVMC 19.65.130 and SVMC 19.160.040. 3. Periodic short-term use of a tent for camping purposes as part of an event, such as a children's birthday party, where there exists a legally established habitable dwelling. For the purposes of this section, short-term use shall not exceed 48 consecutive hours nor occur more than four times per calendar year. O.Improper Vehicle/Vessel Parking and Storage. This section shall not apply to legally established parking lots,outdoor storage areas,self-storage facilities,and similar permitted uses pursuant to chapters 19.60 and Ordinance 22-010 Regarding Nuisances Page 6 of 9 DRAFT 22.50 SVMC,nor where a Temporary Use Permit has been issued pursuant to chapter 19.160 SVMC. This section does not apply to junk vehicles or unlicensed vehicles,which are subject to SVMC 7.05.040(P). 1.Vehicle/vessel storage and parking areas are permitted on a parcel in a single-family residential zone as an accessory use to a legally established dwelling. 2.Except as provided in subsections 7.05.040(0)(3-4),parking or storing more than five total operable vehicles on a parcel with a single-family dwelling is prohibited. A property owner or a tenant may park or store more than five operable vehicles when they provide sufficient proof of more than five licensed drivers currently residing at the property. 3. Parking or storage of more than one recreational vehicle on a single-family residentially zoned property is prohibited. 4. Parking or storage of more than one vessel on a licensed trailer on a single-family residentially zoned property is prohibited. PN. Junk Vehicles and Unlicensed Vehicles. All junk vehicles and unlicensed vehicles, or parts thereof, placed, stored, or permitted to be located on private property within the City limits. SVMC 7.05.040(PN) does not apply to: 1. Any vehicle or part thereof that is completely enclosed within a lawful structure so that it is not visible from the street or other public or private property; 2. Any vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and the private property is fenced pursuant to RCW 46.80.130; 3.A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this section. Good faith efforts of repair may include producing invoices showing work or parts purchased for repair or renovation within 30 days prior to issuance of the notice of violation,or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within 30 days prior to issuance of the notice of violation. This exception allows up to 60 days for good faith repair. Upon good cause shown,the city manager or designee shall have the discretion to grant one additional 60 day exception period pursuant to SVMC 7.05.010(N). Under no circumstance shall any good faith efforts of repair extend for more than 120 days,after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year; 43. There shall be allowed as exceptions to SVMC 7.05.040(NP) up to twoone total junk vehicle or unlicensed vehicles in R-1, R-2, and R-3, and R-4 zones, so long as they areit is completely sight- screened by maintained landscaping, a maintained landscaped berm, or fencing, as allowed pursuant to any currently adopted SVMC landscaping,berm,or fencing requirements pursuant to chapter 22.70 SVMC. Q. Graffiti.Any graffiti on public or private property. R1 . Development Code Violations. Any violation pursuant to SVMC Titles 19, 20, 21, 22, 23, 24, and/or 25. Section 3. Amendment. The following sections of chapter 19.65 SVMC are hereby amended as follows. Any section of chapter 19.65 SVMC not identified herein shall remain unchanged. Ordinance 22-010 Regarding Nuisances Page 7 of 9 DRAFT 19.65.130 Residential. A.Accessory Structures. 1.The combined building footprint of all accessory permanent structures in residential zoning districts shall be: a.Up to 1,000 square feet for parcels up to 10,000 square feet in size; or b.Up to 10 percent of the lot size for parcels greater than 10,000 square feet in size. 2. Cargo shipping containers and similar enclosures are not a permitted accessory structure in any residential zoning district. B.Dwelling,Accessory Units.Accessory dwelling units shall comply with the provisions of Chapter 19.40 SVMC,Alternative Residential Development Options. C. Dwelling, Caretaker's Residence. A caretaker's residence is limited to custodial, maintenance, management, or security of a commercial property and is only allowed accessory to another permitted use on site. D. Dwelling, Cottages. Cottages shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. E. Dwelling, Duplex. Duplex dwelling units shall comply with the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options. F. Dwelling, Industrial Accessory Dwelling Units. Industrial accessory dwelling units shall comply with the provisions of Chapter 19.40 SVMC,Alternative Residential Development Options. G. Dwelling, Townhouse. Townhouse dwelling units shall comply with the provisions of Chapter 19.40 SVMC,Alternative Residential Development Options. H.Manufactured Homes on Individual Lots.Manufactured homes on individual lots shall comply with the provisions of Chapter 19.40 SVMC,Alternative Residential Development Options. I.Manufactured Home Park.Manufactured home parks shall comply with the provisions of Chapter 19.40 SVMC,Alternative Residential Development Options. J. Recreational Vehicles. 1. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone,except as permitted pursuant to Chapter 19.40 SVMC; 2. A recreational vehicle shall not be parked within a required front yard setback for more than 15 consecutive days and not more than 30 days cumulative in any 12 consecutive months; and 3. Upon issuance of a Temporary Use Permit pursuant to chapter 19.160 SVMC, gGuests may park and/or occupy a recreational vehicle on private property while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-month period. 4.Upon issuance of a Temporary Use Permit pursuant to chapter 19.160 SVMC,applicants may utilize a recreational vehicle as temporary living quarters over the duration of construction activities related to a residence or otherwise legally permitted use of right,provided the applicant has an active building permit on file with the City of Spokane Valley. 5.The City Manager or designee may temporarily allow the use of a recreational vehicle as a temporary dwelling unit on private property for quarantine or similar purposes during pandemic events. Ordinance 22-010 Regarding Nuisances Page 8 of 9 DRAFT Section 4. Other Sections Unchanged. All other provisions of chapter 7.05 SVMC and chapter 19.65 SVMC not specifically referenced hereto shall remain in full force and effect. Section 5. Severability. If any section, sentence, clause or 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 in this Ordinance. Section 6. Effective Date. 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. Passed by the City Council this day of June,2022. City of Spokane Valley ATTEST: Pam Haley,Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 22-010 Regarding Nuisances Page 9 of 9 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28,2022 Department Director Approval: ❑ Check all that apply: ❑ consent ❑old business ®new business ❑public hearing ❑ information ❑admin.Report❑pending legislation ❑executive session AGENDA ITEM TITLE:First Ordinance Reading Ordinance No.22-011:Code Text Amendment(CTA) 2022-0001 Community Services and Regulations. GOVERNING LEGISLATION: RCW 36.70A,RCW 35.21, SVMC 17.80 and 19.30.040 PREVIOUS COUNCIL ACTION TAKEN: Administrative Report—June 14,2022. BACKGROUND: CTA-2022-0001 is a City-initiated code text amendment to adopt permanent regulations to address transitional housing,permanent supportive housing,emergency housing,emergency shelters and transitional parking. The proposed regulations formalize the zones where such uses are allowed, identify permit processing procedures to include application contents, reasonable occupancy, spacing, and intensity limits, approval criteria,and associated definitions. In 2021, the Washington State Legislature adopted Engrossed Second Substitute House Bill 1220 (HB 1220)regarding affordable housing and homelessness. Due to the pre-emption established in HB 1220,the City adopted Ordinance No. 21-009 on July 20, 2021 establishing interim regulations to set reasonable occupancy, spacing and intensity of use regulations to regulate emergency housing, emergency shelters, transitional housing,and permanent supportive housing. The ordinance became effective immediately for a period of 365 days unless it were repealed, extended or modified. Ordinance 21-009 will expire on July 19,2022. The City developed permanent regulations to address these uses and presented them to the Planning Commission(Commission)at a study session on April 28,2022. On May 12,the Commission conducted a public hearing and deliberations. At that meeting the Commission voted 5-0 (two Commissioners were absent) to recommend to the City Council that CTA-2022-0001 be approved with several modifications. On May 26, 2022 the Commission adopted Findings and Recommendation. On June 14, 2022, Council considered the Planning Commission recommended draft and by consensus agreed to move CTA-2022- 0001 to a first reading of the ordinance with the following changes: 1. Remove transitional housing from the spacing requirement; 2. Change the spacing requirement for all other uses from 1/2 mile up to 1 mile;and 3. Authorize the City Manager to approve emergency shelters for up to 30 days when public health and safety conditions exist with an extension allowed by Council Resolution. OPTIONS: Move to advance Ordinance No. 22-011 to a second reading with or without further amendments; or waive the rules and adopt the ordinance; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to waive the rules and adopt ordinance 22-011. BUDGET/FINANCIAL IMPACTS: Undetermined STAFF CONTACT: Lori Barlow, AICP, Senior Planner and Eric Robison, Housing and Homeless Coordinator ATTACHMENTS: 1)PowerPoint,(2)Draft Ordinance No.22-011,(3)Planning Commission's Findings of Fact and Recommendation, (4) Planning Commission Meeting Minutes: 4/14/2022, 4/28/2022, 5-12- 2022,and 5/26/2022 (not available),and(5) Staff Report CTA-2022-0001 CTA-2022-0001 Community Services Regulations Ordinance First Reading - June 28, 2022 Lori Barlow, Senior Planner and Eric Robison, Housing and Homeless Coordinator Spokane `� jValley� Council Review and Direction June 14, 2022 Council directed Proposed Emergency Authorization staff to move the Planning Language: Commission recommended draft - The City Manager may authorize the operation of to First Ordinance Reading with a temporary emergency shelter for up to 30 days in situations where an immediate life, health, or the following changes: safety concern exists due to unanticipated or Remove Transitional Housing from severe environmental conditions. The City the spacing requirement; Manager may authorize an extension to the 30 days for a specified period of time, if City — Change spacing requirements for all Council has adopted a resolution pursuant to other uses from 1/2 mile to 1 mile chapter 38.52 RCW declaring that the conditions Allow City Manager to allow which gave rise to the operation of the temporary emergency shelters for u p to 30 emergency shelter continue in effect, and constitute a threat to the life, health, and safety of days when public health and safety the residents of the City. Temporary emergency conditions exist with an extension shelters authorized by this section are not subject allowed by Council Resolution. to the requirements of chapter 19.45 SVMC. CC Admin Report-CTA-2022-0001 Timeline — CTA-2022-0001 I ��♦ '♦� Study Session . * '♦ April 14 & 28, 2022 Administrative Report 01, •♦(i ,L / •\ June 14, 2022 xV Q D�'L Public Hearing 0� Q J�' d • '�V May12, 2022 NI 1st Ordinance Reading gr \41QiO �J. '�♦ June 28 2022 fi ♦C► �5 �,� 6 - � Q� Finding & Recommendation 2nd Ordinance Reading May 26, 2022 July 5, 2022 V V V V 6/28/2022 CC Ordinance First Reading-CTA-2022-0001 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.22-011 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,REPEALING INTERIM REGULATIONS ADOPTED BY ORDINANCE 21-009 RELATED TO INDOOR EMERGENCY SHELTERS, INDOOR EMERGENCY HOUSING, TRANSITIONAL HOUSING, AND PERMANENT SUPPORTIVE HOUSING; ADOPTING A NEW CHAPTER 19.45 SVMC, ADOPTING A NEW SVMC 19.65.035, AMENDING SVMC 17.80.030 AND 19.60.050, AND AMENDING SVMC APPENDIX A RELATED TO INDOOR EMERGENCY SHELTERS, INDOOR EMERGENCY HOUSING, TRANSITIONAL HOUSING, PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL PARKING; AND OTHER MATTERS RELATING THERETO. WHEREAS,in 2021,the Washington State Legislature passed Engrossed Second Substitute House Bill 1220(HB 1220)which became effective July 25,2021,and later codified as RCW 35A.21.430. RCW 35A.21.430 amended the Growth Management Act and other associated statutes related to affordable housing and homelessness. Amongst other requirements, RCW 35A.21.430 forbids municipalities from prohibiting transitional housing and permanent supportive housing from residential zones and zones where hotels are permitted. RCW 35A.21.430 also forbids municipalities from prohibiting indoor emergency shelters and indoor emergency housing in zones where hotels are permitted as of September 30, 2021. RCW 35A.21.430 allows municipalities to adopt reasonable occupancy, spacing, and intensity of use requirements to protect public health and safety on indoor emergency shelters,indoor emergency housing, transitional housing, and permanent supportive housing, so long as such ordinances do not prevent siting sufficient housing for projected needs; and WHEREAS,prior to July 20, 2021 the City had adopted regulations for transitional housing,but had not adopted zoning regulations specific to indoor emergency shelters, indoor emergency housing, and permanent supportive housing;and the City's regulations in effect on that date for transitional housing were more limited than allowed pursuant to RCW 35A.21.430; and WHEREAS,due to the effective dates of the law and the urgent need for emergency and transitional housing that is healthy,safe,and well planned,the City adopted Ordinance 21-009,later codified as chapter 19.45 SVMC,as an emergency ordinance establishing interim regulations to protect public health and safety to permit indoor emergency shelters, indoor emergency housing, transitional housing, and permanent supportive housing with reasonable occupancy,spacing,and intensity of use standards in the zones pursuant to RCW 35A.21.430; and WHEREAS, the interim amendments set forth in chapter 19.45 SVMC became effective on July 20, 2021, and shall continue in effect for a period of 365 subsequent days unless repealed, extended, or modified by the City Council pursuant to RCW 35A.63.220 and RCW 36.70A.390; and WHEREAS, Ordinance 21-009 also adopted a work plan directing the City to develop and review such regulations as are appropriate to provide reasonable occupancy, spacing, and intensity limits on, and such other necessary and appropriate regulations for, indoor emergency shelters, emergency housing, transitional housing, and permanent supportive housing pursuant to RCW 35A.21.430 and the adopted Comprehensive Plan goals,policies, and strategies; and WHEREAS, the work plan specifically directed the Planning Commission (Commission) to hold public hearings and public meetings to fully receive and consider statements,testimony,positions,and other documentation or evidence related to the public health, safety, and welfare aspects of indoor emergency housing, indoor emergency shelters, transitional housing, and permanent supportive housing, and further directed the Commission to consider, review, and make recommendation on the regulations for indoor Ordinance 22-011 Page 1 of 4 DRAFT emergency shelters, emergency housing, transitional housing, and permanent supportive housing to City Council; and WHEREAS,City staff have proposed an amendment to the SVMC by adding a new chapter 19.45 and amending sections SVMC 17.80.030, 19.60.050, and 19.65.035, and amending SVMC Appendix A related to indoor emergency shelters, indoor emergency housing, transitional housing, permanent supportive housing, and transitional parking regulations; and WHEREAS, pursuant to RCW 36.70A.106,the Washington State Department of Commerce was notified on April 24, 2022, thereby providing a notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS,on April 22 and 29,2022, notice of the Commission public hearing was published in the Valley News Herald; and WHEREAS,on April 28,2022,the Commission held a study session; and WHEREAS, on May 12, 2022, the Commission held a public hearing, received evidence, information,public testimony, and a staff report with a recommendation,followed by deliberations; and WHEREAS,on May 26,2022,the Commission approved the findings and recommended that City Council adopt the amendments with modifications;and WHEREAS,on June 14,2022,City Council reviewed the proposed amendments and Commission Findings and Recommendations; and WHEREAS, on June 28, 2022, City Council considered a first ordinance reading to adopt the proposed amendments; and WHEREAS,the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan;and WHEREAS, chapters 17.80, 19.45, 19.60, 19.65, and Appendix A SVMC as amended, bear a substantial relation to the public health, safety,welfare and protection of the environment; and WHEREAS, City staff have reviewed City zoning regulations, the State Building Code, the International Property Maintenance Code, and analysis by homelessness experts to develop occupancy, spacing,and intensity regulations to minimize negative impacts and the potential for conflicts between the required transitional, permanent supportive, and emergency housing,transitional parking, and emergency shelters, and other surrounding existing uses. NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to establish reasonable occupancy, spacing, and intensity of use standards consistent with RCW 35A.21.430 for indoor emergency housing, indoor emergency shelters,transitional housing,permanent supportive housing and transitional parking. Section 2. Finding and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings: A. Growth Management Act Policies - Washington State Growth Management Act(GMA)provides that each city shall adopt a comprehensive land use plan Ordinance 22-011 Page 2 of 4 DRAFT and development regulations that are consistent with and implement the comprehensive plan. B. The proposed amendment is supported by the Comprehensive Plan and is consistent with the following goals and policies: H-G4 Work collaboratively with local stakeholders to develop a Homeless Response System specific to the needs of the Valley H-G5 Work closely with and support the Regional Homeless System to ensure continuity of care for community members that are unsheltered and unstably housed in the Valley and throughout our region. H-P6 Preserve and enhance the city's established single-family neighborhoods by minimizing the impacts of more dense housing typologies such as duplexes and cottage development. H-P7 Work with service providers to bring additional resources to Valley residents. H-P8 Ensure the provision of homeless and housing services have commensurate on- site support to maintain the character of neighborhoods and minimize public service calls. H-P10 Ensure equal access for Valley residents to publicly funded programs, transportation,job opportunities and housing. H-P12 Support the implementation of the Continuum of Care Five-Year Strategic Plan to End Homelessness. H-P15 Encourage and support new projects and programs which seek to assist in maintaining housing stability or provide exits from homelessness to housing. H-P16 Analyze and collect data through our local Community Management Information System and use this data to help drive homeless and housing policy. H-P17 Continue to support and participate in the Coordinated Entry implementation. C. Conclusion: 1. The proposed text amendment is supported by the Comprehensive Plan and consistent with the goals and policies. 2. The proposed amendment bears substantial relation to public health, safety,welfare, and protection of the environment. The City is preempted by HB 1220 from prohibiting emergency shelters, emergency housing, transitional housing and permanent supportive housing in various zones described in the bill. The City recognizes the need to provide safe and stable parking areas for persons taking residence in their vehicles. HB 1220 authorizes the City to establish reasonable occupancy, spacing, and intensity regulations for the mandated uses. The City is committed to encouraging and supporting new providers or programs which assist the City's unsheltered population and others experiencing housing instability. These regulations prevent the unsafe, overconcentrated, or otherwise unhealthy siting of these uses in an attempt to respond to the challenges of Ordinance 22-011 Page 3 of 4 D RAFT homelessness in an effective and responsible manner. 3. The proposed text amendment is consistent with Comprehensive Plan and bears a substantial relation to public health,safety,welfare,and protection of the environment. Section 3. Repeal of chapter 19.45 SVMC. The City Council hereby repeals chapter 19.45 SVMC in its entirety,as set forth in Attachment A. Section 4. Repeal of SVMC 19.65.035: The City Council hereby repeals SVMC 19.65.035 in its entirety, as set forth in Attachment B. Section 5. Adoption of new chapter 19.45 SVMC,"Community Services": The City Council hereby adopts a new chapter 19.45 SVMC relating to indoor emergency shelters, indoor emergency housing, transitional housing, permanent supportive housing, and transitional parking, as set forth in Attachment C. Section 6. Adoption of new SVMC 19.65.035: The City Council hereby adopts a new SVMC 19.65.035,as set forth in Attachment D. Section 7. Amending SVMC 17.80.030; SVMC 19.60.050 and SVMC Appendix A. The City Council hereby amends SVMC 17.80.030, SVMC 19.60.050,and SVMC Appendix A as set forth in Attachment E. Section 8. Other sections unchanged. All other provisions of Titles 17 and 19 SVMC and Appendix A SVMC not specifically referenced hereto shall remain unchanged and in full force and effect. Section 9. Severability. If any section, sentence, clause or 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 10. Effective Date. 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. Passed by the City Council this day of ,2022. Pam Haley,Mayor ATTEST: Christine Bainbridge,City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 22-011 Page 4 of 4 ATTACHMENT A Chapter 19.45 SVMC COMMUNITY SERVICES rJi'.ti Clvi"1-J 19.45.010 Purpose 19.45.020 Applies: 19 45 n3n Submittal Requirements a d Sta„dardth t n 45 n5n Permit Regu;rd i n 45 n6n Waive „d decisio 19.45.010 Purpose. bi of ncrgency shelters,emergency housing,transitional housing, and permanent-supportive-khous These 5 b and broadet-eemmunity. 19.15.020 Applicabilit}'. , project shall be subject to the substantive requirements of this chapter in addition to other—applicable 5 g7 requirements, the project would be subject to a si+igle combined permit approval process using the greater notice, hearing and permit type requirements. and perma information shall not be considered complete. 1. Identification of sponsors and/or managing agencies, including, but n t 'ii ited to: b homelessness; ttpplicablcporicnce in a related program with-p . 2 A at. rla that ddr .. the follo =-elements a. Key.stiff p_siti nd tho ole u� a onsib s �p .., b. Site/facility management, including a socurity and emergency plan; e--Site acuity maintenance, including at a minimum a plan for regular trash patrol in t e immediate vicinity of the site; s at-a--minimum, a plan for on site use or sale of alcohol-and illegal drugs and that that items deemed as weapons are stored in a safe location; p ; f. Outreach with surrounding property owners and residents and ongoing good neighbor g. P-reeedures for maintaining accurate and complete records and how confidentiality will be maintained; and 'ders that operate emergency shelters o -emergency ho coordination plan with street outreach teams and-enforcement agencies to ensure that b , Manager or designee will assist in this facilitation if needed. directed downward and glare must be contained within the facility site. d. A map identifying transit, pedestrian and bicycle access from the subject site to services and schools. 5. An interior space plan identifying all functions Iss _iated with the f,_lit„ `l__d_ng adequate > a permanent supportive housing shall be subject to all locally applicabled-itse a ..°ut .. . ,z. .. „ a„d building regulation requirements including, but not limited to, all applicable requirements set forth in a shelters,emergency housing,transitional housing, and permanent rtive mousing shad be subject to the following standards: rgency housing, and the underlying density of the particular zone. 2. Emergency shelters, emergency housing, transitional housing, and permanent supportive hetuiling shall b , supportive housing to the nearest property line of another emergency shelter, emergency housing, 3. Emergency shelters, emergency housing, transitional housing, and permanent supportive eptive r•equiremenz+-S-z'-"v-ilate`irt@z�^ood related prepa ation,'seryice, •••,•-1 l.-..,.,fi,,,,n number so as to accommodate the number of persons onsitc. 6. Emergency shelters, emergency housing, transitional housing, ,.permanent supportive the minimum and maximum number of spaces, striping, and screening. emonstrated through the a departments to ensure such compliance and shall implement all directives resulting from inspections. housing,transitional housing,or permanent supportive housing unless accompanied by a parent or b providing housing to youth, the sponsor and/or managing agency shall immediately contact Child b b information(211 hour accessible phone contact)to the patrol e ration nde or the Spokan e . t(SVPD). The names of the on duty points of contact shall be-posted-on site daily, and their contact information must be provided to the SVPD. inclusion in the Homeless Management Information System (HMIS). } b b A.d.. stray under Coordinated Envy in HMIS. 19.45.050 Permit Required. , 3 } 19.45.060 Waivers and decision. A The Cit„ Manager o. designee shall h a ,. th uthorit,. to gran+ grant wiTh conditions, or deny an application for emergency shelters, emergency housing, transitional housing, and permanent supportive housing under this chapter. Conditions may be imposed to: b 7 } , 3 and other similar impact; and enrollment in a program e ,eia e , management for residents on site. 3 ATTACHMENT B Chapter 19,65 SUPPLEMENTAL USE REGULATIONS 19.65.035 Community services. b •b , provisions in C, I ti i u ianhn fitted,t,.a itio al hou sh 11 comply with the provisions in Chapter19.45 SVMC,Community Services. D.Permanent Supp g. a p ns in C4iapter 19. 5 SVMC r'u. ....unit. Ser v ices. • ATTACHMENT C Chapter 19.45 COMMUNITY SERVICES Sections: 19.45.010 Purpose. 19.45.020 Applicability. 19.45.025 Permit Type 19.45.030 Application requirements and standards. 19.45.040 Data entry into regional homeless management information system. 19.45.050 Waivers and decision. 19.45.010 Purpose. The purpose of Chapter 19.45 SVMC is to allow and establish a review and permitting process for the location, siting,and indoor operation of emergency shelters,emergency housing,transitional housing,permanent supportive housing and transitional parking.These regulations are intended to protect public health and safety by requiring safe operations of these uses for both the residents and broader community. 19.45.020 Applicability. Chapter 19.45 SVMC applies to all proposals for new or expanding emergency shelter, emergency housing, transitional housing,permanent supportive housing,and transitional parking uses or modifications to such uses. 19.45.025 Permit Type Emergency shelter,emergency_housing,transitional housing,permanent supportive housing and transitional parking uses are classified as a Type II permit and shall be processed pursuant to SVMC 17.80.070. 19.45.030 Application requirements and standards. A.Application contents. All applications for emergency housing,transitional housing,permanent supportive housing,and transitional parkin,gtpermits shall contain the following: • I. identification of sponsors and/or managing agencies, including,but not limited to: a. Identification of experience providing similar services to people experiencing homelessness. b. Certifications or academic credentials in an applicable human service field and/or applicable experience in a related program with people experiencing homelessness. 2. An operations plan that addresses the following elements: a. Key staff positions and their roles and responsibilities. b. Site/facility management plan, including a security and emergency plan, and a plan for managing individuals excluded from accessing the proposed facility that specifically addresses loitering and trespassing. Security cameras shall be provided to monitor parking areas. • c. Site/facility maintenance plan. including at a minimum,regular trash patrol in the immediate vicinity of the site. d.Occupancy policies, including resident responsibilities and a code of conduct that includes, at a minimum, a plan that addresses threatening or unsafe behavior,substance use,safety,and cleanliness. e. Provision of human and social services, including a staffing plan and outcome measures. f.Outreach with surrounding property owners and residents that includes at a minimum the following: i. A description of how the proposed facility will serve the population that will be accommodated by the use; ii. identification of a phone number and point of contact at the site of the proposed facility for the community to report concerns; iii. A plan for addressing reported concerns and documenting resolution,and making this information publicly available; and iv. Notice to all property owners and residents of the proposed site consistent with the distribution requirements of SV MC 17.80.I20.(B)7(1). g. Procedures for maintaining accurate and complete records and how confidentiality will be maintained; and h. For those providers that operate emergency shelters or emergency housing,a coordination plan with street outreach teams and enforcement agencies to ensure that space is available for people experiencing homelessness in the City. 3. A map showing transit, pedestrian and bicycle access from the subject site to services and schools. 4. Emergency shelters and emergency housing providers shall provide an interior space plan identifying all functions associated with the facility, including adequate waiting space. All functions must take place within a building or facility. 5.A parking plan that addresses the parking needs of the use based on the population served and projected needs. Parking shall be provided on-site unless it can be provided for consistent with SVMC 22.50.020(B), The plan shall include security cameras and areas to be observed by the cameras. 6. An exterior lighting plan for the parking area in compliance with Chapters 19,75 and 22.60 SVMC. 7. Additional materials required for transitional parking uses include: a.A site plan that indicates the facility parking and the parking area provided for the transitional parking; b. The operations plan shall specify how waste and restroom access will be provided.Restroom access may be provided either in the building or portable facilities; c.The operations plan shall specify if the site is available for overnight parking use only,or available for parking during the daytime and overnight;and d. A signed agreement between the organization and the managing agency, if applicable. B. Design Standards and Requirements. Emergency shelters,emergency housing,transitional housing, and permanent supportive housing shall be subject to all locally applicable land use,development,zoning,and building regulation requirements including, but not limited to,all applicable requirements set forth in SVMC Titles 17 through 24. In addition,emergency shelters,emergency housing,transitional housing,permanent supportive housing and transitional parking shall be subject to the following standards: 1. In the MFR,CMU, MU, RC, IMU,and I zones,emergency shelters, emergency housing,transitional housing sites,permanent supportive housing sites and transitional parking sites shall be limited to no more than 20 individuals being served. In the R-I, R-2, R-3, R-4,and NC zones, transitional housing and permanent supportive housing shall be limited to no more than ten adults per dwelling unit,not including children under the age of 18. 2. Emergency shelters,emergency housing,permanent supportive housing and transitional parking shall be located a minimum of 1.0 mile apart measured from the nearest property line of any use regulated by this Chapter.Transitional housing shall not be subject to any spacing requirements. 3.All residents staff and o erators shall com 1 with all S okane Count Health District re uirements related to food preparation,service, and donations. 4. Trash receptacles shall be provided in multiple locations throughout the facility and site. Managing parties shall contract with the applicable trash service provider for the duration of the use. 5.The number of parking spaces shall be required based on the population served and the projected needs of the emergency shelter,emergency housing,transitional housing,or permanent supportive housing facility as outlined in the parking plan and subject to review and approval of the City. Spaces shall be provided at a minimum, and may increase at the discretion of the City after review of the parking plan as follows: a. One space for the maximum number of staff on duty throughout each day;and b. Five spaces for transitional housing and permanent supportive housing in residential zones;or c.Ten spaces for emergency shelters,emergency housing,transitional housing and permanent supportive housing in non-residential zones. d. Transitional parking uses do not need to provide additional parking. e. Off street parking shall comply with all other requirements of Title 22 SVMC including,but not limited to paving, drainage, location,dimensions, and design standards. 6. On-site supervision shall be provided at all times, unless it can be demonstrated through the operations plan that this level of supervision is not warranted for the population being served. 7. No children under the age of 18 are allowed to stay overnight in emergency shelters,emergency housing, transitional housing,permanent supportive housing or transitional parking sites unless accompanied by a parent or guardian,or unless the facility is licensed to provide services to youth. If child under the age of l8 without a parent or guardian present attempts to stay in a facility not specifically licensed for providing housing to youth,the sponsor and/or managing agency shall immediately contact Child Protective Services and actively endeavor to find alternative housing for the child. 8. The sponsor and/or managing agency shall designate points of contact and provide 24-hour accessible phone contact information to the patrol operations commander for the Spokane Valley Police Department(SVPD), The names of the on-duty points of contact shall be posted on site daily,and their contact information shall be provided to the SVPD. 9. Transitional parking programs are subject to the following additional requirements: a. Restroom access either within the buildings on the property or through use of portable facilities. Restrooms shall include handwashing stations or facilities in an adequate number as determined by the City. Restroom and handwashing station access shall be available at all hours of the day and night. b. Organizations providing transitional parking spaces must continue to abide by the parking requirements in SVMC 22.50 so that the provision of transitional parking spaces does not reduce the total number of available parking spaces required for the primary use. c. Recreational vehicles shall be allowed. 19.45.040 Data entry into regional homeless management information system. A. Emergency shelter,emergency housing,transitional housing,or permanent supportive housing entities shall be required to provide and comply with a plan for collecting information/data from prospective occupants for inclusion in the homeless management information system. 19.45.050 Waivers and decision. A. The City manager or designee shall have the authority to grant,grant with conditions,or deny an application for emergency shelters,emergency housing,transitional housing,and permanent supportive housing under Chapter 19.45 SVMC. Conditions may be imposed to: 1. Minimize nuisance-generating features such as noise, waste,air quality,traffic, physical hazards, and other similar impact;and 2. Mitigate potentially adverse operational characteristics, including,but not limited to,direct intake of residents on site, daily check-in of residents to secure a bed, lack of resident enrollment in a program operated by the on-site agency,or lack of available intensive case management for residents on site. B. In cases where the application does not meet the provisions of Chapter 19.45 SVMC or adequate mitigation may not be feasible or possible,the City manager or designee shall deny the application and issue a decision pursuant to SVMC 17.80.130. C. The City Manager may authorize the operation of a temporary emergency shelter for up to 30 days in situations where an immediate life,health,or safety concern exists due to unanticipated or severe environmental conditions. The City Manager may authorize an extension to the 30 days for a specified_period of time, if City Council has adopted a resolution pursuant to chapter 38.52 RCW declaring that the conditions which gave rise to the operation of the temporary emergency shelter continue in effect,and constitute a threat to the life, health, and safety of the residents of the City. Temporary emergency shelters authorized by this section are not subject to the requirements of chapter 19.45 SVMC. ATTACHMENT D Chapter 19.65 SUPPLEMENTAL USE REGULATIONS 19.65.035 Community services. A.Emergency Shelter. Where permitted,emergency shelters shall comply with the provisions in Chapter 19.45 SVMC,Community Services. B. Emergency Housing. Where permitted, emergency housing shall comply with the provisions in Chapter 19.45 SVMC, Community Services. C. Transitional Housing. Where permitted,transitional housing shall comply with the provisions in Chapter 19.45 SVMC,Community Services. D. Permanent Supportive Housing. Where permitted,permanent supportive housing shall comply with the provisions in Chapter 19.45 SVMC,Community Services. E.Transitional parking programs. Where permitted,transitional parking programs shall comply with the provisions in Chapter 19.45 SVMC, Community Services. ATTACHMENT E Chapter 17.80 PERMIT PROCESSING PROCEDURES 17.80.030 Assignment of development application classification. A.Assignment by Table.Land use and development applications shall be classified pursuant to Table 17.80-1 below: Table 17.80-1—FermitType and Land Use Application Type Land Use and Development Application SVMC Cross-Reference Accessory dwelling units 19.40 Administrative determinations by city manager or designee or building Multiple official Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building permits not subject to SEPA 21.20.040 Floodplain development 21.30 Grading permits 24.50 Type I Home business permit 19.65.180 Shoreline letter of exemption 21.50 Record of survey to establish lots within a binding site plan 20.60.030 Right-of-way permits 22.130.100 Site plan review 19.130 Small cell permit 22.121;22.122 Temporary use permit 19.160 Time extensions for preliminary subdivision,short subdivision,or binding 20.30.060 site plan Alterations—preliminary and final short subdivisions and preliminary and 20.60 final binding site plans(where there is no alteration of a public dedication) Binding site plan—preliminary and final 20.50 Emergency Shelter and Emergency Housing 19.45 Minor alterations—preliminary subdivisions 20.50 Type II Permanent supportive housing 19,45 SEPA threshold determination 21.20.060 Shoreline conditional use permit 21.50 Shoreline nonconforming use or structure review 21.50 Shoreline substantial development permit 21.50 Type Land Use and Development Application SVMC Cross-Reference Shoreline variance 21.50 Short subdivision--preliminary and final 20.30,20.40 Transitional housing 19.45 Transitional Parking Programs 19.45 Vacation—short subdivisions and binding site plans where there is no 20.70 vacation of an area designated or dedicated for public use Wireless communication facilities 22.120 Alterations—final subdivisions(where a public hearing is requested) 20.50 Alterations—preliminary and final short subdivisions and preliminary and 20.60 final binding site plans(where there is alteration of a public dedication) Conditional use permits 19.150 Subdivisions—preliminary 20.30 Type Ill Substantial alterations—preliminary subdivisions 20.50 Vacation—subdivision;short subdivisions and binding site plans where there 20.70 is vacation of an area designated or dedicated for public use Variance 19.170 Zoning map amendments(site-specific rezones) 19.30.030 Annual Comprehensive Plan amendments(text and/or map) 17.80.140 Type LV Area-wide zoning map amendments 17.80.140 Development Code text amendments 17.80.150 B.Assignment by City Manager or Designee.Land use and development applications not defined in Table 17.80-1 shall be assigned a type based on the most closely related application type by the city manager or designee,unless exempt under SVMC 17.80.040. When more than one procedure may be appropriate,the process providing the greatest opportunity for public notice shall be followed. C. Shoreline letters of exemption,shoreline substantial development permits, shoreline conditional use permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC,subject to any additional or modified procedures provided in Chapter 21.50 SVMC, Shoreline Regulations,including submittals,completeness review,notices,hearings,and decisions. D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law,including but not limited to 47 USC 1455(a) (Section 6409(a)of the Middle Class Tax Relief and Job Creation Act of 2012)and Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible facilities requests, collocations, small cell permits, and new wireless communication facilities. E. Except as provided in Table 17.80-1,change of conditions for permits shall be processed the same as the original permit type. Chapter 19.60 PERMITTED USES 19.60.050 Permitted uses matrix. Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Agriculture and Animal Animal processing/handling P Animal raising and/or keeping S S S S S S S Animal shelter S P P Beekeeping,commercial P Beekeeping,hobby S S S S Community garden S S S S S S S S Greenhouse/nursery,commercial P P P Kennel S S S S P P Orchard,tree farming,commercial I' P Riding stable P P C' Communication Facilities Radio/TV broadcasting studio l' P 1' P Repeater facility P P P P l' P P P P Small cell deployment S S S S S S S S S SS S Telecommunication wireless antenna array S S S S S S S S S S S Telecommunication wireless support tower S S S S S S S S S S S Tower, ham operator S S S S S S S S S SS Community Services Community hall,club,or lodge 13 I' P P P P I' 1' Church,temple,mosque,synagogue and p l' P I' P P P P P house of worship Crematory P P P P Emergency housingEmergency housing SS SS SS SS SS Emergency shclterEmeraency shelter SS SS SS SS SS Funeral home P P Perr anont s r"'.e-housingPermanent Supportive Dousing SS SS SS SS SS SS SS SS SS SS SS Transitional housing SS SS SS SS SS SS S-S SS -SS SS SS Transitional parking S S S S S Day Care Day care,adult P P P P P P P P P P P Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R 4 MFR MU CMU NC RC IMU I POS Day care,child(12 children or fewer) l' P P P P P P P P P P Day care,child(13 children or more) C C C C P P P P P P P - Eating and Drinking Establishment P P P P P P S Education Schools,college or university P P I' Schools,K through 12 P P I' P P P P P P Schools,professional,vocational and trade p P P P P P schools Schools,specialized training/studios I' P P I' Entertainment Adult entertainment and retail S Casino P P P Cultural facilities P P I' P Exercise facility S S S S Off-road recreational vehicle use P P Major event entertainment P P P Racecourse P P P P Racetrack P P Recreational facility P P P P P P Theater,indoor P P P Group Living Assisted living/convalescent/nursing home P P P P Community residential facilities(6 residents 1' T I' 1' P i' I' or less) Community residential facilities(greater 1' P I' than 6 and under 25 residents) Dwelling,congregate P P 1' Industrial,Heavy Assembly,heavy P Hazardous waste treatment and storage S S Manufacturing,heavy P Processing,heavy P Mining S Industrial,Light Assembly,light 1' P P P P Manufacturing, light P I' p Processing,light P P Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Recycling facility S S S S Industrial service P P Lodging Bed and breakfast P P P P P P I-lotelimotel P P P P S Recreational vehicle park/campground S Marijuana Uses Marijuana club or lounge Marijuana cooperative Marijuana processing S S Marijuana production S S Marijuana sales S S S Medical S P P P P P Office Animal clinic/veterinary S S S S S Office,professional P P P P P P P Parks and Open Space Cemetery P P P P Golf course 1' P P P P P P P P Golf driving range C C C C C P C P P P Parks P P P P P P P P P P Public/Quasi-Public Community facilities P P P P P P P P P P P P Essential public facilities R R R R R R R R P. R Public utility local distribution facility S S S S S S S S P P P S v Public utility transmission facility S S S S S S S S S S S S Tower,wind turbine support S S S S Residential Dwelling,accessory units S S S S S S S S S Dwelling,caretaker's residence S S S S S Dwelling,cottage S S S S Dwelling,duplex S P P S S Dwelling,industrial accessory dwelling unit S S Dwelling,multifamily 1' P P Dwelling,single-family P P P P P 1' P P Parks Residential Mixed Use Commercial Industrial and Open _ Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Dwelling,townhouse S S S S S Manufactured home park S S S Retail Sales and Service P P S P P S S Transportation Airstrip,private p P Batteay charging stations S S S S P P P P P P P S Electric vehicle infrastructure P P P P P P P P Heliport P P Helistop C C P Parking facility—controlled access P P P P P Railroad yard,repair shop and roundhouse i' Transit center I' P P P P Vehicle Services Automobile impound yard P P Automobile/taxi rental P P P P P Automobile parts,accessories and tires P P i' P P Automobile/truck/RV/motorcycle painting, P P P P repair,body and fender works Car wash P P S P P P Farm machinery sales and repair P P P Fueling station I' I' S P l' P Heavy truck and industrial vehicles sales, , 1, I rental,repair and maintenance Passenger vehicle,boat,and RV sales, P P P service and repair Towing I' P P P Truck stop P P Warehouse,Wholesale,and Freight Movement Auction house P P i' Auction yard(excluding livestock) P l' Catalog and mail order houses I' P P P P Cold storage/food locker P P Freight forwarding P P Grain elevator P P Storage,general indoor P P S P P P Storage,general outdoor S S S S P P Parks Residential Mixed Use Commercial Industrial and Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS - Storage,self-service facility I' P P P P P Tank storage,critical material above ground S S Tank storage,critical material below ground S S S Tank storage,LPG above ground S S S S S S Warehouse P P P P P Wholesale business P P P P P 1 APPENDIX A DEFINITIONS Appendix A—Definitions B. Definitions Contimmity-Ser-viees-Fuse-eategary -U-ses-ef-a-publier nonprofit,or charitable nature that provide a local set wee-to the community. Examples-include funeral service fa iliti ligious i,stitution enio cente, mu;ty- enter youth e , when--operated by a public or nonp' {it ati al tr ng f th ph. all Mentally_disabled ,,up kitchens, and surplus food-distribution-centers. "Community services"include the following specife uses 1, ail ry indoor accommodations for individuals f,,ilien wh„ , r p a a lease or an occupancy agreement. II 11 g . b • "Permanent " prioritizes peopl ns practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing IF lat d t" „t.,l hist„ 1 1 t d 1 bah Pe „t o „portive 1,.,usin i ed with on site or off site voluntary services designed to support a person living with a complex a health-ep-hys-ieal-h-ealth-eendition-who-was-e*periencing homelessness or was at imminent risk of homelessness prior to .,ovi g into housing t., retain their—housing and be a successful tenant in a housing arrangement, improve the ased health care, treatment, or employment services. Permanent supportive housing is subjget-to all of the rights and responsibilities defined in chapter 59.18 RCW. t rtive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living. Detention and post detention facilities, hospitals, psychiatric and/or substance abuse and m- Community services, use category: Uses of a public,nonprofit,or charitable nature that provide a local service to the community. Examples include funeral service facilities, religious institutions, senior centers,community centers, youth club facilities,hospices,drug and alcohol centers,social service facilities, mass shelters,short-term housing when operated by a public or nonprofit agency,vocational training for the physically or mentally disabled,soup kitchens,and surplus food distribution centers."Community services"include the following specific uses: • Emergency housing: Temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food,clothing,and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. • Emergency shelter: An indoor facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelters may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. •Permanent supportive housing: Subsidized leased housing with no limit on length of sta that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal histo and .ersonal behaviors. Permanent su •ortive housin: is_ aired with on-site or off site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status,and connect the resident of the housing with community-based health care,treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW. •Transitional housing: A project that provides housing and supportive services to homeless persons or families, or other displaced individuals or families in need of protective shelter,for up to two years and that has as its purpose facilitating the movement of homeless or otherwise displaced persons and families into independent living. Detention and post-detention facilities,hospitals,psychiatric and/or substance abuse and secure community transition facilities are not transitional housing, • Transitional parking_pragram: A program for people who are experiencing homelessness and sleeping in their vehicles at night. A transitional parking program can include locations open only for overnight use,or locations only during the daytime and overnight where persons experiencing homelessness reside in their vehicles on site. Dwelling, congregate: A residential facility under joint occupancy and single management arranged or used for g g, housing, and per gr b " category." Dwelling,congregate: A residential facility under joint occupancy and single management arranged or used for lodging of unrelated individuals,with or without meals,including boarding or rooming houses,dormitories, fraternities and sororities, and convents and monasteries. Emergency shelters,emergency housing,transitional housing,and permanent supportive housing are not considered congregate dwellings. See"Group living, use category." Group living,use category:Living facilities for groups of unrelated individuals that include at least one person residing on the site who is responsible for supervising,managing,monitoring,and/or providing care,training, or treatment of residents characterized by shared facilities for eating,hygiene, and/or recreation. Examples include dormitories,fraternities and sororities,assisted living facilities,nursing and convalescent homes,aggregate dwellings,and community residential facilities. Excludes detention and post-detention facilities, emergency shelters,emergency housing, transitional housing and permanent supportive housing. Lodging, use category:Establishments that provide a person,typically a traveler, a place to stay for a short period of time. Examples include bed and breakfasts,hotels, and motels.Transitional housing and mass shelters are included in the"Community services, use category." Stipp: • _: For purposes of Chapter 19.,1 car C rti e he si e fers to :to r e.manent residential develop ••r tr . .,ir sidentiai d-welling d families with an on site 5 , , facilities,hospital,psychiatric and/or substance abuse and secure community transition facilities are not transitional 'lousily,. See"Community services,use category- FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION CTA-2022-0001 Proposed Amendment to Spokane Valley Municipal Code (SVMC) Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. Background: 1. Pursuant to RCW 36.70A.130, Spokane Valley adopted its 2016 Comprehensive Plan Update and updated development regulations on December 13,2016,with December 28,2016 as the effective date. 2. The Washington State Legislature passed Engrossed Second Substitute House Bill 1220(HB 1220)in 2021 which became fully effective on September 30, 2021. HB 1220 adopted amendments to the Growth management Act and other associate statutes related to affordable housing and homelessness. Amongst other requirements, HB 1220 preempts municipalities from prohibiting transitional housing and permanent supportive housing from residential zones and zones where hotels are permitted. HB 1220 also preempts municipalities from prohibiting indoor emergency shelters and indoor emergency housing in zones where hotels are permitted. HB 1220 allows municipalities to adopt reasonable occupancy, spacing, and intensity of use requirements to protect public health and safety on indoor emergency shelters, indoor emergency housing, transitional housing, and permanent supportive housing, so long as such ordinances do not prevent siting sufficient housing for projected needs. 3. The City Council adopted Ordinance 21-009 on July 20, 2021, to establish emergency interim regulations to ensure that healthy, safe, and well-planned emergency shelters, emergency housing, transitional housing and permanent supportive housing with reasonable occupancy, spacing, and intensity of use standards in the zones required by HB 1220. Ordinance 21-009 was passed as an emergency ordinance that was to be effective for 365 days. The Ordinance will expire on July 19, 2022. 4. CTA-2022-0001 is a City-initiated text amendment to establish Chapter 19.45 of the Spokane Valley Municipal Code (SVMC)to regulate Community Services,including Emergency Shelters,Emergency Housing, Transitional Housing, Permanent Supportive Housing and Transitional Parking and other related housekeeping items that include modifying SVMC 17.80.030,chapters 19.60 and 19.65 SVMC, and Appendix A to include references to the community services uses. 5. The Planning Commission held a properly noticed public hearing and conducted deliberations on May 12,2022. The Commissioners voted 5-0 to recommend that the City Council adopt the amendment. Planning Commission Findings: 1. Compliance with SVMC 17.80.150(F)Approval Criteria a. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Findings: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following goals and policies: H-G4 Work collaboratively with local stakeholders to develop a Homeless Response System specific to the needs of the Valley Findings and Recommendations of the Spokane Valley Planning Commission CTA-2022-0001 Page 1 of 3 H-G5 Work closely with and support the Regional Homeless System to ensure continuity of care for community members that are unsheltered and unstably housed in the Valley and throughout our region. H-P6 Preserve and enhance the city's established single-family neighborhoods by minimizing the impacts of more dense housing typologies such as duplexes and cottage development H-P7 Work with service providers to bring additional resources to Valley residents. H-P8 Ensure the provision of homeless and housing services have commensurate on-site support to maintain the character of neighborhoods and minimize public service calls. H-P1 0 Ensure equal access for Valley residents to publicly funded programs,transportation,job opportunities and housing. H-P12 Support the implementation of the Continuum of Care Five-Year Strategic Plan to End Homelessness. H-P15 Encourage and support new projects and programs which seek to assist in maintaining housing stability or provide exits from homelessness to housing. H-P16 Analyze and collect data through our local Community Management Information System and use this data to help drive homeless and housing policy. H-P17 Continue to support and participate in the Coordinated Entry implementation Conclusion: The proposed text amendment is supported by the Comprehensive Plan and consistent with the goals and policies. b. The proposed amendment bears a substantial relation to public health, safety,welfare and protection of the environment. Findings: The proposed amendment bears substantial relation to public health, safety, welfare,and protection of the environment. The City is preempted by HB 1220 from prohibiting emergency shelters,emergency housing,transitional housing and permanent supportive housing in various zones described in the bill. The City recognizes the need to provide safe and stable parking areas for persons taking residence in their vehicles.HB 1220 authorizes the City to establish reasonable occupancy,spacing,and intensity regulations for the mandated uses. The City is committed to encouraging and supporting new providers or programs which assist the City's unsheltered population_and others experiencing housing instability. These regulations prevent the unsafe,overconcentrated,or otherwise unhealthy siting of these uses in an attempt to respond to the challenges of homelessness in an effective and responsible manner. Conclusion: The proposed text amendment is consistent with Comprehensive Plan and bears a substantial relation to public health, safety,welfare, and protection of the environment. Findings and Recommendations of the Spokane Valley Planning Commission CTA-2022-0001 Page 2 of 3 2. Recommendation: The Spokane Valley Planning Commission therefore recommends the City Council approve CTA-2022- 0001 with the following modifications: a. Allow recreational vehicles in Transitional Parking; b. Require lighting and security cameras in all parking areas; c. Require off-street parking for all on duty staff for all uses,and a minimum of five parking spaces in the residential zones and ten parking spaces in the non-residential zones; and d. Reduce the minimum distance between facilities from 1 mile to 0.5 mile. Attachment: Exhibit 1 —Proposed Amendment CTA-2022-0001 Approved this 26th day of May,2022 Planning Commission Chairman ATTEST Marianne Lemons,Office Assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA-2022-0001 Page 3 of 3 • Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall April 14, 2022 I. Planning Commission Vice-Chairman Sherri Robinson called the meeting to order at 6:00 p.m. The meeting was held in person. II. HI. Planning Commission Secretary Lemons took attendance, and the following members and staff were present: Fred Beaulac Cary Driskell, City Attorney Susan Delucchi Chaz Bates, Planning Manager Karl Granrath Marianne Lemons, Administrative Assistant Walt Haneke Lori Barlow, Senior Planner Bob McKinley, absent Eric Robison, Homeless & Housing Coordinator Nancy Miller Sherri Robinson There was consensus from the Planning Commission to excuse Chairman McKinley from the meeting. IV. AGENDA: Commissioner Beaulac moved to approve the April 14, 2022 agenda as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed V. MINUTES: Commissioner Delucchi moved to approve the March 24, 2022 minutes as submitted. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Commissioner Robinson stated that she went to the new library ground-breaking ceremony and is very excited to see that project finally moving forward. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that long-time Planner Karen Kendall has left the City. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Study Session: CTA-2022-0001 —Community Services Interim Regulations Governing Transitional & Emergency Housing 04-14-2022 Planning Commission Minutes Page 2 of 4 Senior Planner Lori Barlow stated that staff is going to bring proposed permanent regulations governing transitional and emergency housing at the next Planning Commission meeting. The current presentation is to outline the interim regulations that are already in place based on House Bill (HB) 1220 that was passed by State Legislation in 2021. HB 1220 requires that Washington cities plan for affordable housing in their next Comprehensive Plan update. It also states that the City cannot prohibit transitional housing and permanent supportive housing in any zones where residential dwellings or hotels are allowed and cannot prohibit emergency housing and emergency shelters in any zone where hotels are allowed. HB 1220 does allow cities to adopt reasonable occupancy, intensity of use, and spacing standards to promote public health and safety but cities must allow enough transitional or emergency housing to meet current and projected needs. Ms. Barlow explained that the City regulations prior to July 20, 2021 allowed transitional housing only in the Multi-Family (MFR) zone through a conditional use permit process. This regulation is in direct conflict with HB 1220. Therefore,the City adopted Ordinance 21- 009 regarding interim regulations that were to remain in effect for one year until permanent regulations are adopted. Ms. Barlow stated that the interim regulations established Chapter 19.45 "Community Services As Interim Regulations." It outlined definitions for the four types of required housing: Emergency Housing, Emergency Shelter, Permanent Supportive Housing and Transitional Housing. It also updated the "Permitted Use Matrix" in the code to provide for uses in zones required by HB 1220. Ms. Barlow explained that based on the interim regulations, any application received for one of the four housing types would require a Type II permit that would be administratively approved with conditions based on specific criteria. The criteria includes that there will be no kids unless the facility is specifically licensed for children, or the child is with their parent/guardian and the facility must comply with record keeping in the Community Management Information System (CMIS) and Coordinated Entry. The contents of the application must include the qualifications of operators and a detailed operations plan that outlines information regarding staff, security, code of conduct, outreach with neighbors, record keeping, coordination plan with street outreach teams regarding bed availability, onsite supervision, and inside functions. The regulations also limit that occupancy to twenty individuals in the non-residential zones and eight per dwelling unit in the residential zones. There are also requirements stating that there is a minimum of one mile spacing between facilities and the City can implement conditions to minimize nuisance impacts and adverse operations characteristics. Ms. Barlow mentioned that the City adopted a Housing Action Plan (HAP) in 2021 and it identified a need for 6,660 new dwelling units needed by 2037. It also identified that of those new dwelling units, 2,900 units are needed for households under 100% of the Area Median Income (AMI). The HAP was designed to implement strategies to increase housing supply for all income segments. The City also adopted a Comprehensive Plan Amendment (CPA-2021-0004) that formalized the City's commitment to a regional approach in reducing homelessness and provided guidance on zoning regulations for homeless services. Ms. Barlow said the proposed permanent regulations will be presented to the Planning Commission for review and recommendation at the next meeting. Commissioner Miller asked what the current and projected demands are for this type of housing. Homeless and Housing Coordinator Eric Robison answered that there are currently 100-120 unsheltered people in the City at any given time. Also, based on numbers received 04-14-2022 Planning Commission Minutes Page 3 of 4 from the school districts in the area that one in every thirty-seven students are without a permanent home. Currently, the City helps fund homeless services throughout the County but does not have any services directly located in Spokane Valley. Commissioner Miller asked the percentage of people who would use the services if they were provided. Mr. Robison answered that there are no clear percentages of people who would use the services but there is a need for immediate services such as detoxification centers, transitional services such as clean and sober housing, and long-term solutions such as affordable housing options. Commissioner Beaulac asked about the notification process to adjacent property owners. Ms. Barlow answered that based on the current interim regulations, the City is required to notify property owners immediately adjacent to the proposed site. Commissioner Beaulac asked if the notification is sent to the property owner or the tenants of a multi-family location. Ms. Barlow answered that the regulations state the notice be sent to the property owner. Mr. Beaulac mentioned that the tenants should be aware of the proposals when they are received. Planning Manager Chaz Bates commented that there is a proposed outreach program that will be outlined in the permanent regulations that will be discussed at the next meeting. Commissioner Granrath asked how many of the different types of housing exist in the City limits currently. Mr. Robison answered that the City does not have any emergency shelters, emergency housing, or permanent supportive housing. There are a few transitional housing locations. Commissioner Granrath asked who will be overseeing the facilities for on-going compliance with the City issued criteria. Ms. Barlow answered that the facilities will be granted a"Type 2" permit which has a set of rules that must be followed. If the facilities are not following the outlined compliance rules, residents can file a complaint and the City will go through the process to bring the facility back into compliance. Commissioner Delucchi mentioned that these types of facilities must apply for a state license through the Department of Health and Social Services, and they will have to comply with regulations for those licenses as well. Ms. Barlow commented that if these entities are receiving public funds, there would be reporting requirements for those monies received. Commissioner Haneke commented that he would feel better about the issuance of these types of permits if they are monitored by additional authorities for compliance so it is known that they maintaining all of the conditions of approval in the future. City Attorney Cary Driskell responded that the City does not actively monitor all issued permits for compliance because the City just doesn't have enough staff to facilitate that type of project. However, when a complaint is received, the City will work with the facility to address the reported items and confirm that all other criteria is being met. Commissioner Haneke commented that he would like to make sure that there is some sort of reporting being done by each facility that the City can monitor. Commission Robinson commented that if the facility is receiving public funds, they will have to be tracked, regulated and licensed. She feels that the City only has the authority to monitor code items such as structural, correct use, and responding to neighbors as requested. Commissioner Delucchi asked if the Housing Needs Assessment/HAP is going to be updated. Mr. Bates answered that an update will be done and adopted during the periodic update in 2026. 04-14-2022 Planning Commission Minutes Page 4 of 4 Commissioner Beaulac asked if the City will know how many beds are available at any given time. Mr. Robison answered that one of the conditions of approval is reporting into the CMIS database. That program would provide information regarding bed availability. Commissioner Robinson asked if the database provides information on what types of beds are available (female, male, kids allowed, etc.). Mr. Robison answered that the database only includes shelters that are "low barrier," and they report by location which should give detail on what types of recipients they can house. Commissioner Granath asked if the City has received any applications for the housing types outlined. Ms. Barlow answered that they City has not formally received any applications but there have been a few conversations with some entities that are interested in serving Spokane Valley. Commissioner Miller asked for regulation detail on the one mile spacing. Mr. Robison answered that the current regulations state one housing shelter type per mile. X. GOOD OF THE ORDER: Commissioner Robinson commented that she attends a local church and they have been significantly affected by the homelessness problem. The church has had to take steps to protect their property including changing their landscaping, posting "no trespassing/no camping" signs, and putting in security measures. She is happy that the City is taking steps to address the problem. She also mentioned that there was a fire at a local housing complex which caused several families to be displaced from their homes and there wasn't anything available in Spokane Valley to accommodate the people affected. XL ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:34 p.m. The vote on the motion was six in favor, zero against, and the motion passed. / Bob McKinley, Chair Date Signed Marianne Lemons, Secretary Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall April 28, 2022 I. Planning Commission Chairman Bob McKinley called the meeting to order at 6:00 p.m. The meeting was held in person. II. Administrative Assistant Deanna Horton took attendance, and the following members and staff were present: Fred Beaulac Cary Driskell, City Attorney Susan Delucchi Chaz Bates, Planning Manager Karl Granrath Deanna Horton, Administrative Assistant Walt Haneke Lori Barlow, Senior Planner Bob McKinley Eric Robison, Homeless& Housing Coordinator Nancy Miller Sherri Robinson III. AGENDA: Commissioner Haneke moved to approve the April 28, 2022 agenda as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. IV. MINUTES: Commissioner Beaulac moved to approve the April 14, 2022 minutes as submitted. Commissioner Robinson stated that she would like the minutes to be resubmitted at the next meeting due to content error. She would like to wait until the next meeting when Planning Commission Secretary Marianne Lemons is available to address the errors. The vote on the motion was zero in favor, and seven against and the motion did not pass. The minutes will return for approval at the next meeting. V. COMMISSION REPORTS: Commissioner Robinson reported that she recently assisted at a fundraiser for NAOMI Community. VI. ADMINISTRATIVE REPORT: Senior Planner Bates stated that after conversations with City Administrative Staff and a review of the Planning Commission Code Of Conduct procedures, it has been determined that Planning Commissioners are not allowed to participate in meetings via ZOOM. It is required that Planning Commissioners appear in person now that the meetings have moved back to Council Chambers. Mr. Bates requested that Planning Commissioners let staff know ahead of time if they are unable to attend a meeting. VII. PUBLIC COMMENT: There was no public comment. VIII. COMMISSION BUSINESS: 04-28-2022 Planning Commission Minutes Page 2 of 5 a. Study Session: CTA-2022-0001 —Community Services Regulations Senior Planner Lori Barlow presented proposed permanent regulations governing transitional and emergency housing. She explained that the regulations were prompted by the adoption of House Bill (HB) 1220 that was passed by State Legislation in 2021. HB 1220 requires that Washington cities plan for affordable housing in their next Comprehensive Plan update. It also states that the City cannot prohibit transitional housing and permanent supportive housing in any zones where residential dwellings or hotels are allowed and cannot prohibit emergency housing and emergency shelters in any zone where hotels are allowed. HB 1220 does allow cities to adopt reasonable occupancy, intensity of use, and spacing standards to promote public health and safety but cities must allow enough transitional or emergency housing to meet current and projected needs. Ms. Barlow explained that the City regulations prior to July 20, 2021 allowed transitional housing only in the Multi-Family (MFR) zone through a conditional use permit process. This regulation is in direct conflict with HB 1220. Therefore, the City adopted Ordinance 21- 009 regarding interim regulations that were to remain in effect for one year until permanent regulations are adopted. Ms. Barlow stated that staff was presenting draft permanent regulations that would replace the previous interim regulations (that will be entirely removed from the code upon expiration). The draft regulations will establish Chapter 19.45 "Community Services." It will establish definitions for the following: Emergency Housing, Emergency Shelter, Permanent Supportive Housing, Transitional Housing and Transitional Parking. It will also add uses to the Permit Type and Land Use Application Table, it will modify the "Permitted Use Matrix" in the code to provide for uses in zones required by HB 1220, and it will identify uses that are subject to Spokane Valley Municipal Code (SVMC) supplemental use regulations. She mentioned that"Transitional Parking"was not included in the interim regulations. Ms. Barlow explained the definitions as outlined in the draft code and gave detail on the definitions that were modified and/or deleted from the interim regulations. She also explained the changes to Table 17.80-1 regarding Permit Procedures and the Permitted Use Matrix. She explained that the newly added items are all "Type 2"permits which are approved administratively by staff. Staff can approve, approve with conditions, or deny the applications based on the application meeting the outlined criteria of the code. The permit procedure also outlines the notification process. A "Type 2"permit requires a notice of application with a comment period and a notice of decision must be issued by the City. Ms. Barlow outlined detail regarding the application requirements and standards. When an application is received it must include the following: identification of sponsors/agencies and their experience, an operations plan, an access to services map, an interior space plan, and a parking plan. The operations plan must detail staff contacts, a site management plan, a site maintenance plan, occupancy policies and code of conduct, an outreach plan, record keeping and confidentiality, and a coordination plan with street outreach teams to ensure space availability. If the facility is proposing a transitional parking program,they would also have to provide a site plan showing where parking will occur, a restroom and handwashing stations, and details regarding overnight/day use. Ms. Barlow explained the standards and requirements that each application will have to meet. The facility must meet all local development, zoning and building codes, occupancy is limited to twenty adults in the non-residential zones and ten adults per dwelling unit in the residential zones,the facility must comply with Spokane County Health requirements,the 04-28-2022 Planning Commission Minutes Page 3 of 5 facility must have adequate trash receptables, the parking must be approved by the City, there must be onsite supervision, children are not allowed without a parent/guardian, and 24-hour points of contact are required. There are also requirements stating that there is a minimum of one mile spacing between facilities. The transitional parking program requirements include onsite access to restroom and handwashing stations, parking for organizations must be maintained and recreational vehicles are prohibited. Ms. Barlow stated that the public hearing for the proposed permanent regulations will be held at the next Planning Commission meeting for review and recommendation. Commission Delucchi asked if there is a definition for recreational vehicle (RV) and asked why living in an RV is prohibited. Ms. Barlow answered that there is a definition for recreational vehicle in the code. Homeless and Housing Coordinator Eric Robison answered that prohibiting recreational vehicles was determined by reviewing other communities parking projects. In those communities it was found that it was very hard to keep track of the individuals living in RV's and enforcing safety protocols. It was also found that the people living in RV's are less interested in moving into permanent housing than those living in vehicles. The proposed transitional parking intent is to allow a temporary housing solution and an RV could be used for long-term housing. Commissioner Delucchi asked about exterior lighting being excluded from transitional parking. Ms. Barlow answered that it was removed from the code because the lighting requirement was more geared towards planned encampments, but she stated that requirements for lighting could be added if the Planning Commission wanted. Commissioner Haneke asked if it would be possible to allow RV's but limit the time that they are allowed to park. Mr. Robison answered that time limits were discussed but there are situations where a person could be waiting for a significant amount of time to get into permanent housing and that could cause problems in these transitional parking areas. Mr. Haneke expressed that if people are allowed to live in their vehicles while waiting for a permanent home, an RV isn't much different. Commissioner Miller asked how the transitional parking would be monitored. Ms. Barlow answered that the parking areas would have to comply with all the rules and requirements just like the other housing solution types. Commissioner Beaulac asked about putting the housing types in the "industrial" zones. He expressed concern that these facilities would not be a good fit in these areas. Ms. Barlow answered that according to HB 1220, these types of facilities must be allowed in any zone where hotels are allowed and hotels are allowed by the code in the industrial zone. Commissioner Beaulac asked if these facilities will be required to report using the Community Management Information System (CMIS) and Coordinated Entry Program. Ms. Barlow responded that the new regulations state that all entities must report regardless of whether they are private or publicly funded. Commissioner Delucchi asked about people living in semi-trucks being allowed in transitional parking. Ms. Barlow answered that semi-trucks were not specifically considered but the regulations have a limit of 20 adults in non-residential zones and 10 adults in residential zones. Staff feels that the monitors of these sites will probably restrict semi- trucks to allow for the maximum adults to park in the space. Commissioner Miller asked about the one mile spacing of facilities. Ms. Barlow clarified that only type of facility can be built within a mile of another. According to the proposed 04-28-2022 Planning Commission Minutes Page 4 of 5 language, the different housing types cannot be combined into one facility. Each type of housing must be at least one mile apart. Commissioner Miller expressed that she would like something in the code regarding overbuilding of these types of facilities. She stated that she doesn't think a new one should be allowed if the current ones aren't running close to capacity. Mr. Robison responded that these facilities are expensive to build and typically if two facilities are being built in a similar location, they are generally serving a different population or providing different services. Commissioner Haneke answered about the notification process to the adjacent property owners. Ms. Barlow answered that according to Type 2 permitting regulations, a notice of application and a notice of decision is sent to the adjacent property owners. Commissioner Haneke asked if the notification is just adjacent properties or all properties within 400 feet of the proposed location. Ms. Barlow answered that the notice is only sent to the immediately adjacent properties. Commissioner Haneke expressed that he would like to see additional notices sent to residents. Commissioner Granrath asked about the determination of"experience" that is specified as a requirement. Mr. Robison answered that running a shelter is very difficult and the City wants to make sure that the applicant or their designees have some sort of knowledge and experience in this area. Commissioner Granrath asked if the City will impose conditions regarding fencing, landscaping, etc. to help mitigate the impact on surrounding areas. Ms. Barlow answered that the proposed language in 19.45.060 regarding "Waivers and Decisions" states that the City can impose conditions to minimize nuisance-generating features and mitigate potentially adverse operational characteristics. It also states that if adequate mitigation is not possible, the City can deny the application. Commissioner Robinson asked if there is a plan to get information out to the public regarding this new regulation. Ms. Barlow answered that the City is following the procedural process of publishing the public hearing notice, notifying stakeholders/agencies/providers and holding the public meetings. Mr. Robison responded that there has been some communication with the community about the City's plan for addressing homelessness and he hopes to increase that communication in the future. Commissioner Robinson commented that she would like to see more notification to the public and the Parks Department of the decisions being contemplated or made to get more community "buy in". A brief recess was called at 7:25 p.m. The meeting was called back to order at 7:35 p.m. Commissioner Delucchi asked if the City has an issue with RV's being parked on the street. Mr. Robison answered that RV's being parked on the street and people living in RV's is a challenge for the City and Law Enforcement. City Attorney Driskell responded that the code does have restrictions in the code regarding camping in the right-of-way and the City Council will be reviewing stricter guidelines regarding parking on the street and junk vehicles for possible adoption. Ms. Delucchi commented that she would like to see the City reconsider prohibiting RV's. Commissioner Haneke asked if the Planning Commission could give suggested changes to staff to make to the proposed language to be brought back to the next meeting. Ms. Barlow answered that the public hearing has already been advertised and any changes to the proposed draft language will have to be made via motion during the public hearing. A public hearing will be held on this matter at the May 12, 2022 meeting. 04-28-2022 Planning Commission Minutes Page 5 of 5 X. GOOD OF THE ORDER: Commissioner Beaulac asked if it would be possible to send a recommendation to the City Council to change the official paper of record from the Spokane Valley Herald to the Spokesman Review. City Attorney Driskell answered that staff would discuss the matter and figure out the best way to get the information to the City Council. Chairman McKinley stated that he will not be able to attend the May 12, 2022 Planning Commission meeting. X. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 8;10 p,m. The vote on the motion was seven in favor, one against, and the motion passed Bob McKinley, Chair Date Signed Marianne Lemons, Secretary Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall May 12, 2022 I. Planning Commission Vice-Chairman Sherri Robinson called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Planning Commission Secretary Marianne Lemons took attendance, and the following members and staff were present: Fred Beaulac Cary Driskell, City Attorney Susan Delucchi Tony Beattie, City Senior Deputy Attorney Karl Granrath, absent Chaz Bates, Planning Manager Walt Haneke Lori Barlow, Senior PIanner Bob McKinley, absent Marianne Lemons, Administrative Assistant Nancy Miller Sherri Robinson There was consensus from the Planning Commission to excuse Chairman McKinley and Commissioner Granrath. IV. AGENDA: Commissioner Beaulac moved to approve the May 12, 2022 agenda as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. V. MINUTES: Commissioner Haneke moved to approve the April 14, 2022 minutes as submitted. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. Commissioner Delucchi requested a change to page three, paragraph eight to include language about people living in their semi-trucks. Commissioner Robinson requested a change to page 4, paragraph 5 to include notification to the Parks Department to get more "buy-in". Commissioner Haneke moved to approve the April 28, 2022 minutes as amended. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. VI. COMMISSION REPORTS: There were no Planning Commissioner Reports. VII. ADMINISTRATIVE REPORT: City Attorney Cary Driskell introduced Tony Beattie as the new Senior Deputy City Attorney. VIII. PUBLIC COMMENT: There was no public comment. 05-12-2022 Planning Commission Minutes Page 2 of 6 IX. COMMISSION BUSINESS: a. Public Hearing: CTA-2022-0001 —Community Services Regulations The Public Hearing was opened at 6:09 p.m. Senior Planner Lori Barlow presented proposed permanent regulations governing transitional and emergency housing. She explained that the regulations were prompted by the adoption of House Bill (HB) 1220 that was passed by State Legislation in 2021. HB 1220 requires that Washington cities plan for affordable housing in their next Comprehensive Plan update. It also states that the City cannot prohibit transitional housing and permanent supportive housing in any zones where residential dwellings and hotels are allowed and cannot prohibit emergency housing and emergency shelters in any zone where hotels are allowed. HB 1220 does allow cities to adopt reasonable occupancy, intensity of use, and spacing standards to promote public health and safety but cities must allow enough transitional or emergency housing to meet current and projected needs. Ms. Barlow explained that the City regulations prior to July 20, 2021 allowed transitional housing only in the multi-family (MFR) zone through a conditional use permit process. This regulation is in direct conflict with HB1220. Therefore,the City adopted Ordinance 21-009 regarding interim regulations that were to remain in effect for one year until permanent regulations are adopted. Ms. Barlow presented draft permanent regulations to replace the previous interim regulations (that will be entirely removed from the code upon expiration). The draft regulations will establish Chapter 19.45 "Community Services." It will establish definitions for the following: Emergency Housing, Emergency Shelter, Permanent Supportive Housing, Transitional Housing and Transitional Parking. It will add uses to the Permit Type and Land Use Application Table, it will modify the "Permitted Use Matrix" in the code to provide for uses in zones required by HB1220, and it will identify uses that are subject to Spokane Valley Municipal Code (SVMC) supplemental use regulations. She mentioned that "Transitional Parking"was not included in the interim regulations but has been added in the draft permanent regulations. Ms. Barlow explained the definitions as outlined in the draft code and gave detail on the definitions that were modified and/or deleted from the interim regulations. She explained the changes to Table 17.80-1 regarding Permit Procedures and the Permitted Use Matrix. She also explained the addition of Chapter 19.65.035 regarding Community Services- Supplemental Use Regulations. Ms. Barlow stated that Chapter 19.45 outlined the purpose of the chapter and the applicability (which applies to all five uses). It stipulated that the permit type is a Type II permit that is administratively approved and notice is required. It stated application requirements and standards plus requirements for data entry into regional Homeless Management Information System(HMIS). It stated that the City can approve, approve with conditions, and deny permits. It also stated that the City can impose conditions to address nuisance and adverse operational impacts. Ms. Barlow described the details regarding the application contents. When an application is received it must include the following: identification of sponsors/agencies and their experience, an operations plan, an access to services map, an interior space plan, and a parking plan. The operations plan must detail staff contacts, a site management plan, a site 05-12-2022 Planning Commission Minutes Page 3 of 6 maintenance plan, occupancy policies and code of conduct, an outreach plan, record keeping and confidentiality, and a coordination plan with street outreach teams to ensure space availability. If the facility is proposing a transitional parking program, they would also have to provide a site plan showing where parking will occur, a restroom and handwashing stations, and details regarding overnight/day use. Ms. Barlow explained the standards and requirements that each application will have to meet to be approved. The facility must meet all local development, zoning and building codes, occupancy is limited to twenty adults in the non-residential zones and ten adults per dwelling unit in the residential zones, the facility must comply with Spokane County Health requirements, the facility must have adequate trash receptables, the parking must be approved by the City,there must be onsite supervision, children are not allowed without a parent/guardian, and 24-hour points of contact are required. There are also requirements that state there is a minimum of one mile spacing between facilities. The transitional parking program requirements include onsite access to restroom and handwashing stations, parking for organizations must be maintained and recreational vehicles are prohibited. Commissioner Beaulac asked if a residential Homeowner's Association (HOA) can adopt covenants or restrictions to prohibit the housing types. Mr. Driskell stated that state law would supersede any HOA adoptions. The matter was opened to public comment. Joe Ader(Spokane resident representing Family Promise of Spokane) stated that he is in favor of the regulations. He explained that Family Promise works with families dealing with homelessness and they attempt to get those families into permanent housing. The City of Spokane Valley had more than 700 homeless students during the school year. Family Promise would be interested in providing a"neighborhood site" for transitional housing. They currently have five of these locations throughout Spokane County and they are extremely successful. He stated that the one-mile requirement would make establishing a location that is located near schools that are referring a lot of students to their organization. He fears that the restriction of one mile would make that very difficult. He requested that the City allow for a variance or waiver process for potential locations that won't cause a negative public impact. Jennifer Wilcox (Spokane Valley resident) stated that she is an advocate for people experiencing homelessness or difficulty accessing affordable housing. She said that she feels that Spokane Valley should create their own plan and not solely rely on the surrounding areas for homeless services. She stated that she is in favor in the adoption of the code text amendment because the amendment is critically needed to ensure permanent regulations. She feels that the amendment will improve public safety and preserve the City's culture and growth management plan while improving the quality of life for life for the City's most vulnerable residents. There was no additional public comment offered. The public hearing was closed at 6:50 p.m. Commissioner Delucchi asked if the regulations will apply to churches. Ms. Barlow answered that if a church is establishing a facility that meets the definition of the code, it would have to comply with the requirements. However, there are some special circumstances regarding churches that will be taken into consideration at the time of application. 05-12-2022 Planning Commission Minutes Page 4 of 6 Commissioner Delucchi relayed information from publications regarding transitional parking lots. She stated that she would like recreational vehicles (RV's) to be allowed in the transitional parking zone. Commissioner Miller expressed concern of overbuilding of like facilities. She stated that she would like to include a recommendation that a new facility cannot be built until other"like" facilities are at maximum occupancy. Commissioner Haneke asked about parking lot lighting. Ms. Barlow answered that there was a requirement in the interim regulations regarding lighting, but it was removed in the draft permanent regulations because the building code addresses lighting. Mr. Haneke stated that he would like to re-add the requirement regarding lighting in parking lots of the facilities and transitional parking lots so that the lots are extremely well lit and there are no areas that aren't visible. Commissioner Haneke asked if security cameras are required. Ms. Barlow answered that security cameras are not included in the draft language. Mr. Haneke expressed he would like to add language requiring security cameras. Commissioner Haneke asked about the noticing process for surrounding neighbors. Ms. Barlow answered that there are two noticing requirements built into the code as presented. 1) The Type II permit requires notice to be sent to adjacent property owners. 2) In Chapter 19.45.030.2, an outreach requirement is included that states that notice must be sent to all property owners and residents within 400 feet of the proposed site. Ms. Barlow clarified that outreach is not required until after the application is approved. Commissioner Haneke asked if it would be possible to send out notification to all properties within a 400-foot radius at the time of application, even though it's not required by the Type II permitted process. Senior Planner Bates responded that changing the noticing requirement for one type of use could cause an"appearance of unfairness"to the specific use and cause confusion within the code making it difficult to interpret. Commissioner Haneke asked if the permit type could be changed to a Type III permit. Attorney Driskell answered that changing to a Type III permit for these types of uses would make the process inconsistent with State Law. The draft code as presented is consistent and is outlined as required by State Law. He also explained that these types of permits don't fit within the scope of the Type III permitting process. Mr. Haneke commented that he would like to see more notification go out to surrounding residents prior to the approval process. Commissioner Haneke asked about parking space requirements. Ms. Barlow answered that applicants are required to provide a parking plan that addresses the parking needs of the use based on the population served and projected needs. She explained that staff feels that the providers will have knowledge of what the projected parking requirements will be for their facility. The City will require a narrative from the providers of their proposed parking plan that will be reviewed for adequacy. Mr. Haneke comment that he would like a minimum parking requirement included in the code. Commissioner Delucchi asked if it would be possible to change the one-mile limit to one facility per elementary school district. Ms. Barlow responded that most elementary schools are located within residential zones so making that change could affect the uses that are only permitted in the non-residential zones. Commissioner Delucchi expressed that it might be necessary to allow additional facilities within a one-mile radius to meet the need. Chairman Robinson asked about a variance process. Ms. Barlow answered that the draft code does not outline a variance process. Commissioner Beaulac stated that he thinks there 05-12-2022 Planning Commission Minutes Page 5 of 6 should be process for a variance or exemption that could be administratively approved or denied. Ms. Barlow responded that putting in a staff exemption process would be difficult to process because there's no criteria built into the code for staff to review if the exemption should be granted. The decision would be completely discretionary. Attorney Driskell suggested reducing the limit from one mile to one-half mile to allow for more facilities in a particular location. Commissioner Robinson commented that she thinks there needs to be at least enough parking spaces for the staff on duty. Mr. Haneke said that there should also be a parking requirement for residents. He suggested a minimum of ten spaces plus staff on duty for the facilities in non-residential zones and four or five spaces plus staff on duty for the facilities in residential zones. The following items were discussed by the Planning Commission for inclusion in the draft code recommendation. Commissioner Robinson asked for a show of hands to allow recreational vehicles in the transitional parking zone. The consensus was unanimously in favor. Commissioner Robinson asked for a show of hands to require lighting and security cameras in all parking areas. The consensus was unanimously in favor. Commissioner Robinson asked for a show of hands to prohibit a second facility from being built unless a like facility shows maximum occupancy. The consensus was one in favor and four against. Commissioner Robinson asked for a show of hands to add a minimum parking requirement of ten spaces plus staff on duty for the facilities in non-residential zones and four or five spaces plus staff on duty for the facilities in residential zones. The consensus was unanimously in favor. Commissioner Robinson asked for a show of hands to reduce the one-mile spacing requirement to one half mile. The consensus was four in favor and one opposed. Commissioner Beaulac moved to recommend approval of CTA-2022-0001 regarding Community Services Regulations subject to the following modifications: • Allow recreational vehicles in the Transitional Parking zone. • Require lighting in all parking areas • Require security cameras in all parking areas • Require a minimum of f ve parking spaces,plus enough for all facility staff on duty in the residential zones, and 10 parking spaces, plus enough for all facility staff on duty, in the non-residential zones. • Reduce the minimum distance between facilities from one mile to one half mile. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. X. GOOD OF THE ORDER: Commissioner Beaulac stated that he will not be at the next Planning Commission meeting. Commissioner Miller provided a copy of the Spokane Valley Herald to each of the Commissioners and informed them that a subscription is $25.00 per year. 05-12-2022 Planning Commission Minutes Page 6 of 6 XL ADJOURNMENT: Commissioner Delucchi moved to adjourn the meeting at 8:04 p.m. The vote on the motion was and the motion passed. /wP Bob McKinley, Chair Date Signed Marianne Lemons, Secretary COMMUNITY AND PUBLIC WORKS BUILDING&PLANNING Spokane STAFF REPORT AND RECOMMENDATION TO THE Valley PLANNING COMMISSION CTA-2022-0001 STAFF REPORT DATE: May 2,2022 HEARING DATE AND LOCATION: May 12,2022 beginning at 6:00 p.m.; This hearing will be conducted in person and remotely using web and telephone conference tools. A link to the Zoom meeting will be provided on the agenda and posted to the City's webpage: www.spokanevalley.org/planningcommission. Proposal Description: A city-initiated code text amendment (CTA) to establish regulations to address emergency housing, transitional housing, permanent supportive housing, and transitional parking with reasonable occupancy, spacing, and intensity of use standards, identify the zones where such uses are allowed, and other matters related. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150,and 19.30.040. SUMMARY OF CONCLUSIONS: Staff concludes that CTA-2022-0001 is consistent with the minimum criteria for review and approval,and consistent with the goals and policies of the Comprehensive Plan. STAFF CONTACT: Lori Barlow, AICP, Senior Planner, and Eric Robison, Homeless and Housing Coordinator REVIEWED BY: Chaz Bates, Planning Manager ATTACHMENTS: Exhibit 1: Proposed Amendment APPLICATION PROCESSING: Chapter 17.80 SVMC,Permit Processing Procedures. The following table summarizes the procedural steps for the proposal. Procedural Action Date SEPA—DNS Issued April 22,2022 Published Notice of Public Hearing: April 22 and 28,2022 Department of Commerce 60-day Notice of Intent to April 24, 2022 Adopt Amendment Background: In 2021, the Washington State Legislature adopted Engrossed Second Substitute House Bill 1220 (HB 1220) regarding affordable housing and homelessness. HB 1220 preempts the City from prohibiting transitional housing and permanent supportive housing in any residential zones or zones where hotels are permitted and preempts the City from prohibiting emergency housing and emergency shelters in zones where hotels are permitted.HB 1220 does allow cities to adopt reasonable occupancy,spacing,and intensity limits on such housing and shelters. HB 1220 provides definitions for permanent supportive housing, emergency housing, and emergency shelters,but does not define "transitional housing."The provisions of Staff Report and Recommendation CTA-2022-0001 HB 1220 affecting transitional housings and permanent supportive housing became effective on July 25, 2021, and the provisions affecting emergency housing and emergency shelters became effective on September 30,2021. .Due to the preemption established in HB 1220,absent additional City regulations on occupancy, spacing, and intensity,all transitional housing and permanent supportive housing would be allowed in nearly all City zones with no limits other than generally applicable building code requirements, and similarly all emergency shelters and emergency housing would be allowed in the RC Regional Commercial (RC),MU Mixed Use (MU), CMU Corridor Mixed Use (CMU), IMU Industrial Mixed Use (IMU), and I Industrial (I)zones without any limits other than generally applicable building code requirements. At that time, the City only regulated "transitional housing" and allowed it in the multifamily residential zone through a conditional use permit The City recognized the potential for significant impacts from such land uses to adjacent properties and the community since the City did not have any occupancy, spacing,or intensity regulations for such uses except as noted.As a result the City adopted Ordinance#21-009 on July 20, 2021 which established temporary interim regulations to provide for reasonable occupancy, spacing, and intensity limits on such uses until the City developed permanent regulations regarding such housing and shelters. The interim regulations will expire on July 19,2022,unless other action is taken. The City has initiated this code text amendment to provide reasonable occupancy, spacing, and intensity limits on transitional,permanent supportive,and emergency housing,and emergency shelters.The City has also introduced regulations to manage Transitional Parking programs in non-residential zones. The CTA formalizes the zones where such uses are required to be allowed pursuant to HB 1220 and provides definitions for each of the uses. The proposed regulations limit these housing types to serving 10 adults in residential zones, and 20 adults in the RC, CMU, MU, IMU and I zones. A one-mile buffer is required between all such uses. The regulations require compliance with the building codes, and additional requirements related to homelessness services, such as requiring a code of conduct and information submittal to the Homelessness Management Information System. As required by HB 1220, the City must allow a sufficient number of facilities to provide for current and projected needs. Staff currently estimates that there are approximately 100-120 unsheltered individuals living in Spokane Valley in any given month.This estimate is based upon street outreach and direct contacts made by the Spokane Valley Homeless and Housing Coordinator, SNAP outreach teams,and the Spokane Valley Police Department and the recent Point-in-Time Count. The City does need to provide regulations that allow transitional,permanent supportive,and emergency housing and emergency shelters.Through the draft regulations, the City will allow providers to establish such facilities to address the current and projected needs,while still addressing impacts from such facilities. ANALYSIS: On July 19,2022 the interim regulations will expire.At that time Title 19 SVMC Zoning will allow transitional housing in the Multifamily Residential zone through a conditional use permit. Emergency shelters,emergency housing,will be allowed in the RC,CMU,MU,IMU and I zones, and the transitional housing and permanent supportive housing will be allowed in nearly all zones without any limits other than generally applicable building code requirements. The proposed amendment: 1. The proposed regulations identify the zones allowed and provide for reasonable occupancy, spacing, and intensity limits on emergency shelters,emergency housing,transitional housing, and permanent supportive housing consistent with HB 1220. In the absence of regulations the city has determined that there is potential for significant impacts from such uses. For example,the zoning code does not contain a limit on how many persons Page 2 of 6 Staff Report and Recommendation CTA-2022-0001 could be served in a transitional housing facility regardless of what zone it is located. This could result in a fifty-person transitional housing facility allowed to locate in a single family residential zone with an 8 dwelling unit per acre density. While both are residential uses,the impacts from the density,scale and size of the structure is evident and easily managed by limiting the number of persons served to be compatible with the density of the zone. The proposed code text amendment proposes to limit the number of persons to 10 adults,not including children under the age of 18,to be served at transitional housing and permanent supportive housing located in residential zones. This will ensure that the density of the development is compatible with the density of the single-family residential zones. Emergency shelters,emergency housing, transitional housing and permanent non-supportive housing in non-residential zones may serve up to 20 adults,not including children under the age of 18. This provides opportunity for a larger scale facility in a setting where higher densities are common for residential development. 2. The proposed regulations limit the population served to 20 adults in facilities located in nonresidential zones, and 10 adults in those transitional housing or permanent supportive housing facilities located in residential zones to ensure safe and manageable conditions. Concerns associated with providing effective shelter for unsheltered persons are known to be safety and site management.-A prevalent reason that unsheltered individuals and families refuse or avoid shelters is the fear of large groups and concerns over safety.-Common concerns from unsheltered persons are having possessions stolen and physical safety,exposure to health conditions,or the prevalence of drugs or alcohol. Community concerns include impacts of having large numbers of individuals aggregating,or coming and going from sites,increase in unlawful activities in the area,property damage or affects to property values.Best practices have shown that providers serving small populations are able to more effectively manage the facilities to meet the needs of the population served as well as reduce impacts to adjacent and nearby residents,property owners and/or businesses. The City's approach to limit the capacity at each site recognizes both the concerns of those persons experiencing homelessness and the community at large. 3. A one-mile buffer prevents the concentration of community services(or emergency shelters, emergency housing,transitional housing and permanent non-supportive housing)to avoid unintended impacts to property owners or businesses as well as ensures that services are provided throughout the community in areas needed. Individuals and families experiencing homelessness come from all areas of the community. It's beneficial to provide services to individuals and families throughout the community to afford them the opportunity to be close to their jobs,or close to their children's schools,etc.. Often transportation barriers separate individuals from their network of family,friends,churches,and other social support. Requiring the services and facilities to be separated by one mile ensures that the sites are distributed throughout the community,provides accessible opportunities, and avoids the concentration of the uses and potential indirect impacts to districts or neighborhoods. 4. The transitional parking regulations provide a safe place to park and connections to human and social services for people who are using their vehicles as residences. Due to a variety of reasons,that include rising rent,lack of available and affordable housing,the pandemic etc.,more individuals and families have found themselves in temporary situations that include living in their vehicles. The City has documented cases of persons who are living in their vehicles while parked in the public right-of-way or on private property. The transitional parking regulations create an opportunity for providers to offer a safe and stable place for persons to park their vehicles where they have access to services that may include food and clothing,on-site Page 3 of 6 Staff Report and Recommendation CTA-2022-0001 service providers who can link them to housing,employment, and medical services. In the absence of a safe and stable location to park,the cycle of moving from location to location continues. Transitional parking programs can connect vehicle residents with the services that can lead to emergency housing or transitional housing. 5. The regulations implement the goals and policies of the Housing Element of the Comprehensive Plan. In 2021,the City adopted an amendment to the Comprehensive Plan's goals,policies and strategies to guide the development of implementing regulations for the siting and/or provision of homeless services(CPA-2021-0004).As part of the development of the Comprehensive Plan amendment the City developed a Community Engagement Plan (CEP)designed to solicit input, gather feedback, and increase awareness of housing needs and opportunities in the City. The CEP included formal stakeholder interviews as well as a community wide survey.A total of 318 responses were received. Overall,the community was supportive of introducing services for unsheltered and unstably housed persons,conveyed strong responses on limiting the size of facilities,and agreed that community resources should be located in close proximity to public transportation. The adoption of CPA-2021-0004 formalized the City's commitment and participation in regional efforts to address homelessness and housing instability and provided policy support that enables safe,equitable, and efficient provision of services throughout the City, and provided guidance to the development of the interim and proposed regulations A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17(General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F)Municipal Code Text Amendment Approval Criteria The City may approve a Municipal Code Text amendment if it finds that: i. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan: Staff Analysis: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following Comprehensive goals and policies: H-G4 Work collaboratively with local stakeholders to develop a Homeless Response System specific to the needs of the Valley H-G5 Work closely with and support the Regional Homeless System to ensure continuity of care for community members that are unsheltered and unstably housed in the Valley and throughout our region. H-P6 Preserve and enhance the city's established single-family neighborhoods by minimizing the impacts of more dense housing typologies such as duplexes and cottage development H-P7 Work with service providers to bring additional resources to Valley residents. H-P8 Ensure the provision of homeless and housing services have commensurate on- site support to maintain the character of neighborhoods and minimize public service calls. Page 4 of 6 Staff Report and Recommendation CTA-2022-0001 H-P10 Ensure equal access for Valley residents to publicly funded programs, transportation,job opportunities and housing. H-P12 Support the implementation of the Continuum of Care Five-Year Strategic Plan to End Homelessness. H-P15 Encourage and support new projects and programs which seek to assist in maintaining housing stability or provide exits from homelessness to housing. H-P16 Analyze and collect data through our local Community Management Information System and use this data to help drive homeless and housing policy. H-P17 Continue to support and participate in the Coordinated Entry implementation. Strategy: Develop regulations that provide for the safe, efficient, and equitable provision of supportive housing services within the City. ii. The proposed amendment bears a substantial relation to public health, safety, welfare,and protection of the environment: Staff Analysis: The proposed amendment bears substantial relation to public health, safety,welfare, and protection of the environment. The City is preempted by HB 1220 from prohibiting emergency shelters,emergency housing,transitional housing and permanent supportive housing in various zones described in the bill. The City recognizes the need to provide safe and stable parking areas for persons taking residence in their vehicles. HB 1220 authorizes the City to establish reasonable occupancy, spacing, and intensity regulations for the mandated uses. The City is committed to encouraging and supporting new providers or programs which assist the City's unsheltered population. These regulations prevent the unsafe, overconcentrated,or otherwise unhealthy siting of these uses in an attempt to respond to the challenges of homelessness in an effective and responsible manner. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC 17.80.150(F). 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): Adequate public noticing was conducted for CTA-2022-0001 pursuant to adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: The City has not received any substantive agency comments to date. b. Conclusion(s): No concerns noted. Page 5 of 6 Staff Report and Recommendation CTA-2022-0001 B. CONCLUSION For the reasons set forth in Section A the proposed code text amendment to adopt regulations to address emergency housing,transitional housing,permanent supportive housing and transitional parking with reasonable occupancy, spacing, and intensity of use standards,identify the zones where such uses are allowed, and other matters related,is consistent with the requirements of SVMC 17.80.150(F)and the Comprehensive Plan. Page 6 of 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28,2022 Department Director Approval: El Check all that apply: ❑consent ❑old business ®new business ❑public hearing ❑information ❑admin.report ❑pending legislation ❑executive session AGENDA ITEM TITLE: First reading of Ordinance 22-012—proposed new Appendix B to the SVMC relating to Hearing Examiner procedures,and proposed SVMC changes related to the new Appendix B. GOVERNING LEGISLATION: RCW 35A.63.170; SVMC Title 24;chapters 17.80, 17.90, 18.20, 18.40 SVMC, and SVMC Appendix B. PREVIOUS COUNCIL ACTION TAKEN: September 22, 2009 adoption of current Appendix B pursuant to Ordinance 09-023; amended in 2015 by Ordinance 15-026; in 2021 by Ordinance 21-019; administrative report June 7,2022. BACKGROUND: The City adopted its current Hearing Examiner (hereafter HEX) system in 2003, adopting by reference the Spokane County HEX Rules of Procedure until 2009, at which point the City adopted chapter 18.20 SVMC,with minor amendments in 2015 and 2021. The current rules were drafted mostly to provide a hearing structure for permit applications that come before the HEX,and do not work well for appeal hearings that are also within the jurisdiction of the HEX. These two types of hearings are quite different, and there were many instances where procedural questions could not be adequately answered by our Code. Sometimes the parties would agree on an approach to resolve the issue,and in other circumstances it was left to the HEX. Staff undertook a comprehensive effort to analyze our existing practices and processes, study how other well-functioning jurisdictions approach such issues, and drafted code amendments and revised rules to address the issues that were being encountered. The draft code amendments and revised rules being discussed were reviewed by the City's Hearing Examiners. Generally,the primary change in the Hearing Examiner Rules of Procedure is to split the rules to address the two different types of hearings— 1)project permit review, such as subdivision approval,and 2) appeal hearings for permit appeals and Code Enforcement appeals. Other changes include: -identifying how and when staff reports are provided,when briefing is due,and who may speak during appeal hearings(appeals are not opportunities for general public comment); - clarifying in various places where it refers to how many days elapse for deadlines that it is calendar days. This has created confusion in the past; -clarifying HEX authority to take certain actions. Previously,some of these topics have been addressed in the Code,or in the HEX rules,but not in both. This has created confusion in the past; - cleaning up how things are drafted. As generally occurs when staff engages in an in-depth Code review, we identified various provisions where use of more precise language would be helpful in administering the Code for staff,and in understanding the Code for residents; and - additional language was needed regarding how to address inappropriate contact by a party directly to the HEX(ex parte contact). Most importantly,these changes will make our HEX processes and related Code much easier to understand for our residents, particularly when they are not represented by legal counsel when appearing before the HEX. OPTIONS: (1) Place on a future agenda for an ordinance second reading; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: I move we advance Ordinance 22-012 to a second reading. BUDGET/FINANCIAL IMPACTS:None anticipated. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: Proposed Ordinance 22-012 amending Titles 17, 18,and 24;proposed new Appendix B. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.22-012 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING CHAPTERS 17.80, 17.90, 17.105, 18.20, 24.20, AND 24.40 SPOKANE VALLEY MUNICIPAL CODE;REPEALING AND REPLACING SPOKANE VALLEY MUNICIPAL CODE APPENDIX B; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley (City) previously adopted regulations providing for the issuance of land use and development approvals in chapter 17.80 SVMC; and WHEREAS, the City previously adopted regulations providing a right to appeal relating to decisions issued by the City pursuant to chapters 7.05 and 17.90 SVMC; and WHEREAS, the City adopted its current Hearing Examiner system in 2003 pursuant to chapter 18.20 and Appendix B SVMC, with major amendments to the Code in 2009, and minor amendments in 2015 and 2019; and WHEREAS,the City adopted rules of procedure for hearings before the Hearing Examiner,which is identified as SVMC Appendix B; and WHEREAS, SVMC Appendix B in its current form is most suitable for hearings relating to applications for development and approvals associated with such activity. However,the Hearing Examiner has jurisdiction to hear appeals relating to code enforcement cases pursuant to chapter 17.80 SVMC,which occurs with some frequency. SVMC Appendix B should be drafted in a way that clearly identifies how a party should prepare materials for submission to the Hearing Examiner,as well as how the hearing will be conducted; and WHEREAS,in addition to a new SVMC Appendix B,which will provide greater clarity for those participating in the City's Hearing Examiner process, there are numerous changes necessary within the SVMC Titles 17, 18,and 24 for the sake of consistency or clarity. NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend chapter 17.80, 17.90, 17.105, 18.20,24.20, and 24.40 SVMC,and to repeal and replace SVMC Appendix B in order to provide for more clarity in the City's Hearing Examiner process. Section 2. Amendment. Chapter 17.80 SVMC is hereby amended as follows: 17.80.010 Purpose and applicability. A. Purpose. The purpose of Chapter 17.80 SVMC is to establish standardized decision-making procedures for reviewing development and land use applications within the City. Chapter 17.80 SVMC is intended to: 1.Assure Ensure prompt review of development applications; 2. Provide for necessary public review and comment on development applications; 3.Minimize adverse impacts on surrounding land uses; 4.Encourage flexibility and innovation in the design and layout of development proposals; and Ordinance 22-012—Hearing Examiner Related Regulations Page 1 of 44 DRAFT 5. Ensure consistency with the Comprehensive Plan and development regulations. B.Applicability. Chapter 17.80 SVMC applies to all development applications identified in the SVMC. 17.80.020 Types of development applications. Land use and development applications are classified as follows: A. Type I procedures apply to permits and decisions issued administratively; B. Type II procedures apply to administrative actions that contain some discretionary criteria; C. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria; D. Type IV procedures apply to legislative matters. Legislative matters involve the creation,revision, or large-scale implementation of public policy; E. Exempt applications defined in SVMC 17.80.040. 17.80.030 Assignment of development application classification. A. Assignment by Table. Land use and development applications shall be classified pursuant to Table 17.80-1 below: Table 17.80-1 —Permit Type and Land Use Application Type Land Use and Development Application SVMC Cross-Reference Accessory dwelling units 19.40 Administrative determinations by city manager or Multiple designee or building official Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building permits not subject to SEPA 21.20.040 Floodplain development 21.30 Grading permits 24.50 Type I Home business permit 19.65.180 Shoreline letter of exemption 21.50 Record of survey to establish lots within a binding site 20.60.030 plan Right-of-way permits 22.130.100 Site plan review 19.130 Small cell permit 22.121;22.122 Temporary use permit 19.160 Time extensions for preliminary subdivision,short 20.30.060 subdivision,or binding site plan Ordinance 22-012—Hearing Examiner Related Regulations Page 2 of 44 DRAFT Type Land Use and Development Application SVMC Cross-Reference Alterations—preliminary and final short subdivisions 20.60 and preliminary and final binding site plans(where there is no alteration of a public dedication) Binding site plan—preliminary and final 20.50 Minor alterations—preliminary subdivisions 20.50 SEPA threshold determination 21.20.060 Shoreline conditional use permit 21.50 Type II Shoreline nonconforming use or structure review 21.50 Shoreline substantial development permit 21.50 Shoreline variance 21.50 Short subdivision—preliminary and final 20.30,20.40 Vacation—short subdivisions and binding site plans 20.70 where there is no vacation of an area designated or dedicated for public use Wireless communication facilities 22.120 Alterations—final subdivisions (where a public hearing 20.50 is requested) Alterations—preliminary and final short subdivisions 20.60 and preliminary and final binding site plans(where there is alteration of a public dedication) Conditional use permits 19.150 Planned residential developments 19.50 Type III Subdivisions—preliminary 20.30 Substantial alterations—preliminary subdivisions 20.50 Vacation—subdivision; short subdivisions and binding 20.70 site plans where there is vacation of an area designated or dedicated for public use Variance 19.170 Zoning map amendments(site-specific rezones) 19.30.030 Annual Comprehensive Plan amendments(text and/or 17.80.140 map) Type IV Area-wide zoning map amendments 17.80.140 Development Code text amendments 17.80.150 B. Assignment by City Manager or Designee. Land use and development applications not defined in Table 17.80-1 shall be assigned a type based on the most closely related application type by the city manager or designee,unless exempt under SVMC 17.80.040.When more than one procedure may be appropriate,the process providing the greatest opportunity for public notice shall be followed. C. Shoreline letters of exemption,shoreline substantial development permits, shoreline conditional use permits,shoreline variances, and shoreline nonconforming use or structure review shall be processed Ordinance 22-012—Hearing Examiner Related Regulations Page 3 of 44 DRAFT pursuant to the procedures set forth in Chapter 17.80 SVMC, subject to any additional or modified procedures provided in Chapter 21.50 SVMC, Shoreline Regulations,including submittals,completeness review,notices,hearings, and decisions. D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC,except as may otherwise be required pursuant to federal and state law, including but not limited to 47 USC 1455(a)(Section 6409(a)of the Middle Class Tax Relief and Job Creation Act of 2012) and Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible facilities requests,collocations, small cell permits,and new wireless communication facilities. E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as the original permit type. 17.80.040 Exempt activities. A. Exemptions.Unless specified elsewhere in SVMC Title 17,the following development activities are exempt from the procedural requirements of Chapter 17.80 SVMC: 1.Normal or emergency repair or maintenance of public or private buildings, structures,landscaping, or utilities. 2.A change of any legally established use is exempt;unless the change of use requires: a.An increase in the number of parking spaces provided; b.A conditional use permit under Chapter 19.150 SVMC, Conditional Use Permits; c.A site plan approval under Chapter 19.130 SVMC, Site Plan Review; or d. Review by SEPA. 3.Final subdivisions, short subdivisions, and binding site plans. 4.Building permits that are not subject to SEPA. 5. On-site utility permits not obtained in conjunction with a specific development application including,but not limited to, sewer hook-ups,water hook-ups,right-of-way permits, and fire department permits. 6. Sign permits. 7. Interior remodeling and tenant improvements unless site plan review is required under Chapter 19.130 SVMC, Site Plan Review. B. Other Regulations.Applications exempt pursuant to SVMC 17.80.040 remain subject to all other applicable standards and requirements of the SVMC. 17.80.050 Development application requirements. A.Application Forms.All applications shall be made on forms provided by the department. The city manager or designee shall have authority to modify application forms. B. Submittal Information.All applications shall include the information required in applicable provisions of the SVMC as identified in Table 17.80-2 and other additional information required by the department. C. Land use and development applications shall be signed by the owner(s)of the property. D. Fees. Fees as required by Chapter 17.110 SVMC,Fees and Penalties. Ordinance 22-012—Hearing Examiner Related Regulations Page 4 of 44 DRAFT 17.80.060 Final decision authority. The final decision for application type shall be made by: A. Type I—the department. B. Type II—the department. C. Type III—the hearing examiner. D. Type IV—the city council preceded by a recommendation by the planning commission. 17.80.070 Required application procedures. The required procedures for Type I,II, and III applications are set forth in Table 17.80-2 below. The specific procedures required for Type IV applications are set forth in SVMC 17.80.140 and 17.80.150. Table 17.80-2—Permit Type and Land Use Application Pre- Counter- Fully Notice of Final application complete complete Notice of public decision and Application conference determination determination application hearing notice Type 17.80.080 17.80.090 17.80.100 17.80.110 17.80.120 17.80.130 I 0 X X N/A N/A X *II **O X X X N/A X III X X X X X X X Required 0 Optional N/A Not Applicable *Does not apply to SEPA threshold determinations. Refer to SVMC 21.20.070(B)(2)for noticing requirements. **Except for short subdivisions and binding site plans which require a pre-application meeting. 17.80.080 Pre-application conference. A. Purpose. To provide the City and other agency staff with a sufficient level of detail about the proposed development,to enable staff to advise the applicant of applicable approvals and requirements,to acquaint the applicant with the applicable requirements of the SVMC and other laws,and to identify issues and concerns in advance of a formal application. B. Pre-Application. Type II and III applicants shall schedule a pre-application conference and provide information requested in advance of the meeting. C. Pre-Application Waivers. The city manager or designee may waive the pre-application conference if determined that the proposal has few development-related issues,involves subsequent phases of an approved development,or is substantially similar to a prior proposal affecting substantially the same property. 17.80.090 Counter-complete determination. A. Determination and Application Content. Prior to accepting an application,the department shall determine whether the application is counter-complete.A counter-complete application shall contain all information requested in the applicable form. Review for counter-complete status does not include an evaluation of the substantive adequacy of the information in the application. Ordinance 22-012—Hearing Examiner Related Regulations Page 5 of 44 DRAFT B. Incomplete Application.If the department determines that the application is not counter-complete,the application shall be rejected and the applicant advised of the information needed to complete the application. C. Counter-Complete Application. Counter-complete applications shall be accepted for review for fully complete determination. 17.80.100 Fully complete determination. A. Determination. Once a counter-complete application has been accepted,the department shall,within 28 calendar days,provide a written determination delivered by mail or in person to the applicant that the application is fully complete,or if incomplete, a list of what is required to make the application complete. Upon receipt of the requested material,the department shall conduct another review and respond as set forth above. The names of agencies of local, state,or federal governments that may have jurisdiction over some aspect of the application to the extent known by the City shall be provided to the applicant. B. The City shall notify the applicant whether an application is fully complete or what additional information is necessary within 14 calendar days after the applicant has submitted any additional information identified by the City as necessary for a complete application. C. Incomplete Application.If the necessary information is not provided by the applicant within 60 calendar days,the department shall: 1. Reject and return the application; 2. Issue a decision denying the application,based on a lack of information. The applicant may reinitiate the fully complete review process without additional fees;provided,that the required information is provided by a date specified by the department; or 3. The applicant may withdraw the application by submitting a request in writing and may be entitled to the return of up to 80 percent of the fees submitted. D.Fully Complete Application. Once the department determines that an application is fully complete,the department shall,within 14 calendar days,issue a notice of application pursuant to SVMC 17.80.110. E. Request for Additional Information.A fully complete determination shall not preclude the City from requesting additional information, studies,or changes to submitted information or plans if new information is required,or substantial changes to the proposal occur. F. Revocation.An application's fully complete status may be revoked if the department determines that the applicant intentionally submitted false information.In the event an applicant's fully complete status is revoked,the applicant shall lose any rights granted pursuant to SVMC 17.80.170. 17.80.110 Notice of application. A. Contents. The department shall issue a notice of application within 14 calendar days after an application is determined fully complete. 1.All notices of applications shall include the following: a. The case file number(s),the date of application, and the date a fully complete application was filed; b.A description of the proposed project and a list of project permits included with the application, as well as the identification of other permits not included in the application,to the extent known to the City; c. The proposed SEPA threshold determination,if applicable; Ordinance 22-012—Hearing Examiner Related Regulations Page 6 of 44 DRAFT d. The identification of any existing environmental documents that may be used to evaluate the proposed project; e. Statement of the public comment period.A statement that the public has the right to comment on the application,receive notice of the decision,and request a copy of the decision once made, and a statement of any appeal rights; f. The name of the applicant or applicant's authorized representative and the name, address,and telephone number of a contact person for the applicant,if any; g.A description of the site,including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning; h.A map showing the subject property in relation to other properties or a reduced copy of the site plan; i. The date,place, and times where information about the application may be examined and the name and telephone number of the City representative to contact about the application; and j.Any additional information determined appropriate by the department. 2. In addition to the requirements listed in SVMC 17.80.110(A)(1),a Type II notice of application shall state: a. That failure of any party to address the relevant approval criteria with sufficient specificity may result in the denial of the application; b. That all evidence relied upon by the department to make the decision shall be contained within the record and is available for public review,and that copies can be obtained at a reasonable cost from the department; c. That,after the comment period closes,the department shall issue a Type II notice of decision. 3. In addition to the requirements listed in SVMC 17.80.110(A)(1),a Type III application shall state: a. That a staff report shall be available for inspection at least seven calendar days before the public hearing, and written comments may be submitted at any time prior to the closing of the record for the public hearing. B. Distribution of Notice of Application. The notice of application shall be published in an appropriate regional or neighborhood newspaper or trade journal and sent to the following persons by regular mail: 1. The applicant; 2.All adjacent property owners of record as shown on the most recent property tax assessment roll; 3.Any governmental agency entitled to notice; and 4.Any person filing a written request for a copy of the notice of application. C. Type I Exception.A notice of application is not required for Type I applications. D. Comment Period. The department shall allow 14 calendar days for Type II applications and 30 calendar days for Type III applications after the date the notice of application is mailed and posted on the subject property,for individuals to submit comments. Within seven calendar days after the close of the public comment period,the department shall mail to the applicant a copy of written public comments, including email communications timely received in response to the notice of application,together with a Ordinance 22-012—Hearing Examiner Related Regulations Page 7 of 44 DRAFT statement that the applicant may either submit a written response to these comments within 14 calendar days from the date the comments are mailed or waive the response period. If the applicant desires to waive his right to respond to the comments, such waiver shall be provided to the department in writing. The department,in making its decision on the application, shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including email communications, submitted by the applicant. 17.80.120 Notice of public hearing] A public hearing is required for Type III applications. Unless otherwise indicated,public hearings under Title 17 SVMC shall be conducted by the hearing examiner pursuant to Appendix B. A. Content of Notice of Public Hearing. Notices of public hearing shall contain the following information: 1. The application and/or project number; 2. Project summary/description of each project permit application; 3. The designation of the hearing body; 4. The date,time, and place of the hearing and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing body; 5. General project location,vicinity, address, and parcel number(s),if applicable; 6. The name of the applicant or applicant's authorized representative and the name,address, and telephone number of a contact person for the applicant,if any; 7. The SEPA threshold determination,or description thereof, shall be contained in the notice, along with any appropriate statement regarding any shared or divided lead agency status and phased review and stating the end of any final comment period; 8.A statement regarding the appeal process; and 9. The date when the staff report will be available and the place and times where it can be reviewed. B. Distribution of Notices of Public Hearing.Notices of public hearing shall be mailed,posted,and published at least 15 calendar days prior to the hearing date and shall be distributed as follows: 1.Notice by Mail.All property owners within 400 feet of the subject property by first class mail. Where any portion of the property abutting the subject property is owned,controlled,or under the option of the project property owner,then all property owners within a 400-foot radius of the total ownership interest shall be notified by first class mail. Property owners are those shown on the most recent Spokane County assessor's/treasurer's database as obtained by the title company no more than 30 calendar days prior to the scheduled public hearing. In addition,notice shall be sent to the following: a.Agencies with jurisdiction(SEPA); b.Municipal corporations or organizations with which the City has executed an interlocal agreement; and c. Other persons outside of the 400-foot radius who the City determines may be affected by the proposed action or who requested such notice in writing. Examples of considerations for determining when to provide notice to other persons who may be affected include,but are not limited to,circumstances such as large neighboring properties which limit the number of Ordinance 22-012—Hearing Examiner Related Regulations Page 8 of 44 DRAFT properties receiving notice within the 400-foot radius,known or likely public interest in the project due to the size of the project or likely substantial adverse impacts of the project on the neighboring properties, and other similar considerations.Failure to send public notice to other persons beyond the 400-foot radius shall not be considered inadequate public notice. 2.Notice by Sign.A sign a minimum of 16 square feet(four feet in width by four feet in height)in area shall be posted by the applicant on the site along the most heavily traveled street adjacent to the subject property. The sign shall be provided by the applicant. The sign shall be constructed of material of sufficient weight and reasonable strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows: a.A minimum of two-inch border on the top,sides, and bottom of the sign; b. The first line in four-inch letters shall read"Notice of Public Hearing"; c. Spacing between all lines shall be a minimum of one inch; and d. The text of the sign shall include the following information in a minimum of one-inch letters: i. Proposal; ii.Applicant; iii.File number; iv.Hearing (date and time); v. Location; and vi. Review authority. 3.Notice by Publication. Publish one notice in an appropriate regional or neighborhood newspaper or trade journal. C. Hearing Procedures. All required hearings shall be conducted by the hearing examiner pursuant to Appendix B. D. Scheduling of Hearings. 1. The depaitinent,in coordination with the hearing examiner,shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply with all time limits pursuant to RCW 36.70B.110. 2.When practical,minor applications, such as a variance or matters that take less time, shall be heard at the beginning of the day's agenda. 3. The hearing examiner may consolidate applications involving the same or related properties for hearing. E. Staff Reports. 1. The department shall coordinate and assemble the comments and recommendations of other City depai intents and commenting agencies, and shall make a written staff report to the hearing examiner on all applications subject to a public hearing. 2.At least seven calendar days prior to the date of the scheduled public hearing,the staff report shall be filed with the office of the hearing examiner and mailed by first class mail or provided to the Ordinance 22-012—Hearing Examiner Related Regulations Page 9 of 44 DRAFT applicant. At such time,the department shall also make the report available for public inspection. Upon request,the department shall provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing. 3. If the staff report is not timely filed or furnished,the hearing examiner may at his/her discretion continue the hearing,considering the prejudice to any party and the circumstances of the case. 4. The hearing examiner may make recommendations to the department on the format and content of staff reports submitted to the hearing examiner. F. Site Inspections. 1. The Hearing Examiner may make site inspections,which may occur at any time before the Hearing Examiner renders a final decision. The Hearing Examiner need not give notice of the intention to make an inspection, unless the site inspection will require the Hearing Examiner to enter the property, in which case the Hearing Examiner shall notify all parties that a site inspection will occur on the premises as part of the decision process and the Hearing Examiner will not engage in substantive discussions with the owner/applicant. 2. The inspection and the information obtained from it shall not be construed as new evidence or evidence outside the record. If an inspection reveals new and unanticipated information,the Hearing Examiner may, upon notice to all parties of record, request a written response to such information or reopen the hearing and/or record to consider the information. 17.80.130 Final decision. A. Timeline to Make Final Decision—Type I. The depaitnient shall approve, approve with conditions,or deny a Type I application within 60 calendar days after the date the application was accepted as fully complete,unless accompanied by a SEPA checklist. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City shall not be included in the 60-day period. An applicant may agree in writing to extend the time in which the department shall issue a decision. The department's decision shall address all of the relevant approval criteria applicable to the development application. B. Timeline to Make Final Decision—Type II and III. The final decision on a Type II and III application shall be made not more than 120 calendar days(90 calendar days for subdivisions)after the date a fully complete determination is made. This period shall not include: 1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City; 2. Time spent preparing an environmental impact statement; 3. Time between submittal and resolution of an appeal; or 4.Any extension of time mutually agreed upon by the applicant and the City in writing. C. The timeline for all final decisions shall be subject to any changes pursuant to SVMC 17.80.170(G). D. Contents of Final Decision. The final decision on Type II and III applications shall contain the following information: 1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant's proposal and of the decision; Ordinance 22-012—Hearing Examiner Related Regulations Page 10 of 44 DRAFT 2. The address or other geographic description of the subject property,including a map of the site in relation to the surrounding area,where applicable; 3. The date the decision shall become final,unless appealed; 4.A statement that all persons who have standing under Chapter 17.90 SVMC, Appeals,may appeal the decision; 5.A statement in boldface type briefly explaining how an appeal can be filed,the deadline for filing such an appeal, and where further information can be obtained concerning the appeal; 6.A statement that the complete case file,including findings,conclusions,decisions, and conditions of approval,if any,is available for review. The notice of final decision shall list the place,days, and times where the case file is available and the name and telephone number of the City representative to contact about reviewing the case file; 7.A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria; 8.A statement of the basis of decision pursuant to the SVMC and other applicable law; 9. The reasons for a conclusion to approve, approve with conditions,or deny the application; 10. The decision to approve or deny the application and,if approved,conditions of approval necessary to ensure the proposed development will comply with applicable law; and 11. The date the final decision is mailed. E.Notice of the Final Decision.All final decisions shall be sent by regular mail to the following: 1. The applicant; 2.Any governmental agency entitled to notice; 3.Any person filing a written request for a copy of the notice of application or the final decision; and 4.Any person who testified at the hearing or who provided substantive written comments on the application during the public comment period and provided a mailing address. 17.80.140 Type IV applications—Comprehensive Plan amendments, development agreements associated with a Comprehensive Plan amendment, and area-wide rezones. A. Initiation. Comprehensive Plan amendments and area-wide rezones may be initiated by any of the following: 1. Property owner(s)or their representatives; 2.Any citizen,agency,neighborhood association,or other party; or 3. The depaitnient,planning commission,or city council. B. Applications.Applications shall be made on forms provided by the City. C.Application Submittal. 1.Applicant Initiated. Comprehensive Plan amendments and area-wide rezones shall be subject to a pre-application conference,counter-complete, and fully complete determinations pursuant to SVMC Ordinance 22-012—Hearing Examiner Related Regulations Page 11 of 44 DRAFT 17.80.080, 17.80.090, and 17.80.100. The date upon fully complete determination shall be the date of registration with the department. 2.Nonapplicant Initiated.After submittal of a nonapplicant-initiated application,the application shall be placed on the register. D. Register of Comprehensive Plan Amendments and Area-Wide Rezones.The department shall establish and maintain a register of all applications. E. Concurrent and Annual Review of Register. 1. Sixty calendar days prior to November 1st in each calendar year,the City shall notify the public that the amendment process has begun.Notice shall be distributed as follows: a.Notice published in an appropriate regional or neighborhood newspaper or trade journal; b.Notice posted on all of the City's official public notice boards; and c. Copy of the notice sent to all agencies,organizations, and adjacent jurisdictions with an interest. 2.All registered applications shall be reviewed concurrently,on an annual basis and in a manner consistent with RCW 36.70A.130(2).Applications registered after November 1st of the previous calendar year and before November 1st of the current calendar year shall be included in the annual review. Those registered after November 1st of the calendar year shall be placed on the register for review at the following annual review. 3.Emergency Amendments. The City may review and amend the Comprehensive Plan when the city council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130(2)(a). F.Notice of Public Hearing. Comprehensive Plan amendments and area-wide rezones require a public hearing before the planning commission. 1. Contents of Notice.A notice of public hearing shall include the following: a. The citation,if any,of the provision that would be changed by the proposal along with a brief description of that provision; b.A statement of how the proposal would change the affected provision; c.A statement of what areas, Comprehensive Plan designations,zones,or locations will be directly affected or changed by the proposal; d. The date,time,and place of the public hearing; e.A statement of the availability of the official file; and f.A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on the proposal. 2. Distribution of Notice. The department shall distribute the notice pursuant to SVMC 17.80.120(B). G. Planning Commission Recommendation—Procedure.Following the public hearing,the planning commission shall consider the applications concurrently, and shall prepare and forward a Ordinance 22-012—Hearing Examiner Related Regulations Page 12 of 44 DRAFT recommendation of proposed action for all applications to the city council. The planning commission shall take one of the following actions: 1. If the planning commission determines that the proposal should be adopted,it may,by a majority vote,recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior to recommending the proposal to city council for adoption. If the modification is substantial,the planning commission must conduct a public hearing on the modified proposal; 2. If the planning commission determines that the proposal should not be adopted,it may,by a majority vote,recommend that the city council not adopt the proposal; or 3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.140(G)(1)or(2),the proposal will be sent to city council with the notation that the planning commission makes no recommendation. H.Approval Criteria. 1. The City may only approve Comprehensive Plan amendments and area-wide zoning map amendments if it finds that: a. The proposed amendment bears a substantial relationship to the public health,safety,welfare, and protection of the environment; b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment; c. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; d. The proposed amendment corrects an obvious mapping error; or e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. 2. The City shall also consider the following factors prior to approving Comprehensive Plan amendments: a. The effect upon the physical environment; b. The effect on open space, streams,rivers,and lakes; c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; d. The adequacy of and impact on community facilities including utilities,roads,public transportation,parks,recreation, and schools; e. The benefit to the neighborhood,City, and region; f. The quantity and location of land planned for the proposed land use type and density and the demand for such land; g. The current and projected population density in the area; and h. The effect upon other aspects of the Comprehensive Plan. I. City Council Action. Within 60 calendar days of receipt of the planning commission's findings and recommendations,the city council shall consider the findings and recommendations of the planning Ordinance 22-012—Hearing Examiner Related Regulations Page 13 of 44 DRAFT commission concerning the application and may hold a public hearing pursuant to city council rules. The department shall distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B). All annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote of its membership,the city council shall: 1.Approve the application; 2. Disapprove the application; 3.Modify the application. If the modification is substantial,the city council shall either conduct a public hearing on the modified proposal; or 4. Refer the proposal back to the planning commission for further consideration. In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC 17.80.140(I)(1)through(4), such a vote shall be considered a vote against the motion,the motion shall fail,and no further action shall be required by the city council,although the city council may take such other action as it deems appropriate. J. Transmittal to the State of Washington.At least 60 calendar days prior to final action being taken by the city council,the Washington State Department of Commerce (Commerce) shall be provided with a copy of the amendments in order to initiate the 60-day comment period.No later than 10 calendar days after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce. 17.80.150 Type IV applications—Text amendments to SVMC Titles 17 through 24. A. Initiation. Text amendments to SVMC Titles 17 through 24 may be initiated by any of the following: 1. Property owner(s)or their representatives; 2. Any citizen, agency,neighborhood association,or other party; or 3. The depaitnient,planning commission,or city council. B.Applications.Applications shall be made on forms provided by the City. C.Application Submittal. 1.After submittal of an applicant-initiated application,the application shall be subject to a pre- application conference,counter-complete determination,and fully complete determination pursuant to SVMC 17.80.080, 17.80.090, and 17.80.100. 2.After submittal,the application shall be placed on the next available planning commission agenda. D.Notice of Public Hearing.Amendments require a public hearing before the planning commission. 1. Contents of Notice.A notice of public hearing shall include the following: a. The citation,if any,of the provision that would be changed by the proposal along with a brief description of that provision; b.A statement of how the proposal would change the affected provision; c. The date,time, and place of the public hearing; d.A statement of the availability of the official file; and Ordinance 22-012—Hearing Examiner Related Regulations Page 14 of 44 DRAFT e.A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on the proposal. 2.Distribution of Notice. The depaitinent shall distribute the notice to the applicant,newspaper, City Hall,and the main branch of the library. E. Planning Commission Recommendation—Procedure.Following the public hearing,the planning commission shall consider the proposal and shall prepare and forward a recommendation to the city council. The planning commission shall take one of the following actions: 1. If the planning commission determines that the proposal should be adopted,it may,by a majority vote,recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior to recommending the proposal to the city council for adoption. If the modification is substantial,the planning commission must conduct a public hearing on the modified proposal; 2. If the planning commission determines that the proposal should not be adopted,it may,by a majority vote,recommend that the city council not adopt the proposal; or 3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.150(E)(1)or(2),the proposal shall be sent to the city council with the notation that the planning commission makes no recommendation. F.Approval Criteria. The City may approve amendments to the SVMC if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and 2. The proposed amendment bears a substantial relation to public health, safety,welfare,and protection of the environment. G. City Council Action. Within 60 calendar days of receipt of the planning commission's findings and recommendations,the city council shall consider the findings and recommendations of the planning commission concerning the application and may hold a public hearing pursuant to city council rules. The department shall distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B). By a majority vote,the city council shall: 1.Approve the application; 2.Disapprove the application; 3.Modify the application. If modification is substantial,the city council must either conduct a public hearing on the modified proposal; or 4.Refer the proposal back to the planning commission for further consideration. In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC 17.80.150(G)(1)through(4), such a vote shall be considered a vote against the motion,the motion shall fail,and no further action shall be required by the city council,although the city council may take such other action as it deems appropriate. H. Transmittal to the State of Washington.At least 60 calendar days prior to final action being taken by the city council, Commerce shall be provided with a copy of the amendments in order to initiate the 60- day comment period.No later than 10 calendar days after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce. Ordinance 22-012—Hearing Examiner Related Regulations Page 15 of 44 DRAFT 17.80.160 Optional consolidated review process. A. Optional Consolidated Review Process. This optional process provides for the consideration of all discretionary land use,engineering, and environmental permits issued by the City if requested in writing from the applicant. Permit decisions of other agencies are not included in this process,but public meetings and hearings for other agencies may be coordinated with those of the City. Where multiple approvals are required for a single project,the optional consolidated review process is composed of the following: 1. Pre-Application Meeting.A single pre-application meeting will be conducted for all applications submitted under the optional consolidated review process. 2. Determination of Completeness.When a consolidated application is deemed complete, a consolidated determination of completeness will be made pursuant to SVMC 17.80.100. 3.Notice of Application. When a consolidated application is deemed complete,a consolidated notice of application will be issued pursuant to the provisions of SVMC 17.80.110. 4. Comment Period. The consolidated application shall provide for one comment period for all permits included in the consolidated application. 5. The City shall issue a decision(s)for Type I or Type II permits prior to scheduling a public hearing for any companion Type III permit.Appeals of administrative permits that are part of a consolidated application will be heard in a single,consolidated open record appeal hearing before the hearing examiner on the same agenda as the companion Type III application. 6.Notice of Public Hearing.A single notice of public hearing will be provided for consolidated permit applications. The notice shall include the Type III permit to be heard and any open record appeals of administrative portions of the consolidated application. 7.Notice of Decision. The hearing examiner shall issue a single notice of decision regarding all Type I and Type II appeals and all Type III project permit applications subject to a public hearing. Section 3. Amendment. Chapter 17.90 SVMC is hereby amended as follows: 17.90.010 General. A.Appeals and Jurisdiction.All final decisions shall be appealed to the authority set forth in Table 17.90- 1. Any appeals of a decision,order,or determination of the building official shall be- pursuant to the aut o,-:ty set f fd it Table 17.90-1 and not pursuant to the model codes adopted in SVMC 24.40.020. Specific procedures followed by the planning commission,hearing examiner, and city council are set forth in Appendix B. Table 17.90-1—Decision/Appealed Antlief-ittTo Land Use and Development Appealed Autbefit To Decisions Type I and II decisions Hearing examiner(SVMC 17.90.040);further appeal to superior court(Chapter 36.70C RCW) Building permits Hearing examiner(SVMC 17.90.040); further appeal to superior court(Chapter 36.70C RCW) Type III decisions except zoning map Superior court(Chapter 36.70C RCW) amendments Ordinance 22-012—Hearing Examiner Related Regulations Page 16 of 44 DRAFT Land Use and Development Appealed tk-eitTo Decisions Type III zoning map amendments City council(SVMC 17.90.070); further appeal to superior court (Chapter 36.70C RCW) Type IV decisions Superior court Matters subject to review pursuant to Growth Management Hearings Board RCW 36.70A.020 Shoreline substantial development Shorelines Hearings Board(RCW 90.58.180) permits,shoreline conditional use permits, and shoreline variances Compliance and enforcement Hearing examiner(SVMC 17.90.040); further appeal to superior decisions(generally Chapter 17.100 court(Chapter 36.70C RCW) SVMC) Order of dwelling,building, Hearing examiner(SVMC 17.105.050)pursuant to the appeal structure,or premises unfit for procedures set forth in Chapter 17.105 SVMC;further appeal to human habitation or other use superior court(SVMC 17.105.120) (Chapter 17.105 SVMC) Impact fee appeals pursuant to Chapter 22.100 SVMC shall be heard by the hearing examiner. Such appeals shall be subject to the procedures herein for Type I permit appeals,except as otherwise provided for by Chapter 22.100 SVMC. Pursuant to Chapter 22.100 SVMC,impact fee appeals shall be heard concurrently with appeals of the underlying permit as applicable. Impact fee appeals shall be subject to all requirements of Chapter 22.100 SVMC,including any necessary pre-appeal requirements. 17.90.020 Effective date of final decisions. A. Type I final decisions and building permits become effective on the day after the appeal period expires unless an appeal is filed,in which case the procedures of Chapter 17.90 SVMC shall apply. The applicant and owner have the right to waive their appeal rights, and in such cases where a waiver is submitted in writing to the department,the Type I decision is considered final on the day it is signed by the city manager or designee or on the day the waiver is approved,whichever is later,unless a party other than the applicant owner has standing to appeal. B. Type II,III, and IV final decisions become effective on the day after the appeal period expires,unless an appeal is filed,in which case the procedures of Chapter 17.90 SVMC shall apply. 17.90.030 Standing. A. Type I Decision.The following parties have standing to appeal a Type I decision: 1. The applicant and the owner of the property to whom the decision is directed; and 2. The aAdjacent property owners whose interests are a required part of the application approval. B. Type II Decision. The following parties have standing to appeal a Type II decision: 1. The applicant and owner of the property to whom the decision is directed; 2.Any party for whom written notice is required; and 3.Any other party who participates in the decision process through the submittal of substantive written comments. C. Type III Decision.The following parties have standing to appeal a Type III decision: Ordinance 22-012—Hearing Examiner Related Regulations Page 17 of 44 DRAFT 1. The applicant and the owner of the property to whom the decision is directed; 2.Any other person aggrieved or adversely affected by the decision,or who would be aggrieved or adversely affected by a reversal or modification of the decision.A person is aggrieved or adversely affected within the meaning of these rules only when all of the following conditions are present: a. The decision has prejudiced or is likely to prejudice that person; b. That person's asserted interests are among those that the hearing examiner was required to consider when the decision was made; c.A reversal or modification of the decision in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the decision; and d. The appellant has exhausted his or her administrative remedies by being a party of record to the decision below.A"party of record"means a person who appeared at the public hearing held by the hearing examiner,or who submitted substantive written comments in the matter prior to the closing of the record for the hearing. 3. The city manager or designee. D. Type IV Decisions. Type IV decisions are legislative decisions and may be appealed to the Growth Management Hearings Board or a court of competent jurisdiction as allowed by law. E. Compliance and Enforcement Decisions. The following parties have standing to appeal a compliance and enforcement decision: 1. The party or owner of property subject to an appeal; and 2. The complainant if a written request is made to be notified of the City's response to the complaint filed by the complainant. 17.90.040 Time for and contents of an appeal to the hearing examiner. A.Appeal to Hearing Examiner.Any appeal to the hearing examiner shall be received no later than 14 calendar days after written notice of the decision is mailed. To be considered timely,the appeal must be filed no later than 4:00 P.M. on the day the appeal period expires. Receipt of a complete appeal submittal shall stay the original decision until a final decision on the appeal has been reached. The appeal shall include: 1. The case number designated by the City and the name of the applicant; 2. The name and signature of each petitioner or their authorized representative and a statement showing that each petitioner has standing to file the appeal under Chapter 17.90 SVMC. If multiple parties file a single petition for review,the petition shall designate one party as the contact representative; 3. The specific decision and specific portions of the decision or determination being appealed, and the specific reasons why each aspect is in error as a matter of fact or law; 4. Evidence that the specific issues raised on appeal were raised during the period in which the record was open; 5. The appeal fee as identified in Chapter 17.110 SVMC,Fees and Penalties. The fee may be refunded,either wholly or partially,only if the appellant requests withdrawal of the appeal in writing at least 14 calendar days before the scheduled appeal hearing date; Ordinance 22-012—Hearing Examiner Related Regulations Page 18 of 44 DRAFT 6.A person responsible for a code compliance/enforcement violation who successfully appeals the City's administrative determination of a violation shall be refunded the appeal fee within 45 calendar days after the appeal decision after the appeal decision. B. Any issue not identified or raised in the appeal application shall be considered untimely and shall be deemed waived. 17.90.050 Appeal review process for hearing examiner. A. Appeal Review Process. 1.All complete appeals submitted and allowed pursuant to these rules shall be scheduled for review at a public hearing before the hearing examiner within 90 calendar days from the date of submission. Further extensions are permitted upon mutual agreement of the appellant,the applicant, and the department. 2.Notice of the appeal hearing shall be mailed to the applicant and the appellant,if different than the applicant. 17.90.055 Burden of Proof. A. For appeals of permit applications,unless otherwise provided by state law,(i)the original administrative decision is presumptively correct,and(ii)appellant shall have the burden of proof to show that the original administrative decision was issued in error of law or that the findings, conclusions, or decision are not supported by substantial evidence. B. For appeals of threshold determinations under SEPA and chapter 21.20 SVMC, unless otherwise provided by law, (i)the original administrative decision is presumptively correct, (ii) appellant shall have the burden of proof, and (iii)must show that the original administrative decision was clearly erroneous. C. For appeals of any enforcement decision, unless otherwise provided by law, (i) the determination by City staff issuing the determination shall be accorded substantial weight, and (ii) appellant shall have the burden of proof to show that the original administrative decision was issued in error of law or that the findings,conclusions,or decision are not supported by substantial evidence. 17.90.060 Hearing examiner appeal hearing procedures. A.Hearing Procedures.All appeals to the hearing examiner shall be conducted in the manner set forth iupursuant to Appendix B. Appeals are limited to consideration of the issues on appeal, and are not public forums for general public comment. Accordingly,they are not open to general public testimony or comment. Appeals shall be open to attendance and viewing by the general public. B. Scheduling of Hearings. 1. The depaitinent,in coordination with the hearing examiner,shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply with all time limits set forth in RCW 36.70B.110. 2. When practical,minor applications, such as a variance or matters that take less time, shall be heard at the beginning of the day's agenda. 3. The hearing examiner may consolidate applications involving the same or related properties for hearing. C.Notice of Hearing—Effect of Notice. Ordinance 22-012—Hearing Examiner Related Regulations Page 19 of 44 DRAFT 1. Each public notice required for the hearing of an application shall conform to applicable statutory and ordinance requirements. The notice should contain a statement that the hearing will be conducted in the manner set forth in Appendix B. 2.Failure of a person entitled to receive notice of a hearing to actually receive said notice does not affect the jurisdiction of the hearing examiner to hear the application when scheduled and render a decision,if the notice was properly published,mailed,and/or posted as required by law. 3.A person is deemed to have received notice if the person appears at the hearing,or submits written comments on the merits of the application, and the person fails to object to the lack of notice promptly after the person obtains actual knowledge of the hearing date. 4. If required notice is not given and actual notice is not received,the hearing examiner may reschedule the hearing or keep the record open on the matter to receive additional evidence. D. Staff Reports on ApplicationsAppeals. 1. The depaitnient shrallmay coordinate and assemble the comments and recommendations of other City departments and commenting agencies,and slhallmay make a written staff report to the hearing examiner on all applicationaappeals. 2. If a staff report is prepared. It shall beAt least seven calendar days prior to the date of the .scheduled public hearing,the staff report shall be filed with the office of the hearing examiner and mailed by first class mail or provided to the appellant and other parties at least seven calendar days prior to the date of the scheduled public hearinglicant._At such time,the depaitment shall also make the report available for public inspection.Upon request,the department shall provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing. 3. If the staff report is not timely filed or furnished,the hearing examiner may at his/her discretion continue the hearing,considering the prejudice to any party and the circumstances of the case. 4. The hearing examiner may make recommendations to the department on the format and content of staff reports submitted to the hearing examiner. 5. Nothing herein shall prevent the hearing examiner from requiring briefing from the parties on the merits of their respective cases. Nothing herein shall prevent any party from submitting written briefing on the merits of its case;provided that such briefing shall be provided within the time periods identified by the hearing examiner. E. Site Inspections. 1. The hearing examiner may make site inspections,which may occur at any time after the staff report on an application has been filed with the hearing examiner and before the hearing examiner renders a final decision. The hearing examiner need not give notice of the intention to make an inspection. 1. The Hearing Examiner may make site inspections,which may occur at any time before the Hearing Examiner renders a final decision. The Hearing Examiner need not give notice of the intention to make an inspection, unless the site inspection will require the Hearing Examiner to enter the property, in which case the Hearing Examiner shall notify all parties that a site inspection will occur on the premises as part of the decision process and the Hearing Examiner will not engage in substantive discussions with the owner/applicant. 2. The inspection and the information obtained from it shall not be construed as new evidence or evidence outside the record. If an inspection reveals new and unanticipated information,the Hearing Ordinance 22-012—Hearing Examiner Related Regulations Page 20 of 44 DRAFT Examiner may, upon notice to all parties of record, request a written response to such information or reopen the hearing and/or record to consider the information. F. The hearing examiner's appeal decision shall be in writing,be based on the whole record, and include, but not be limited to, the following: 1. Background. The nature and background of the proceeding, including identification of party representatives participating in the hearing,prehearing determinations,and other similar information. 2. Findings. The facts that the hearing examiner finds relevant,credible,and requisite to the decision, based on the record of the proceedings. 3. Conclusions. Legal and factual conclusions based upon specific provisions of law and the findings of fact. 4. Decision. The outcome of the appeal (affirm/uphold, modify, or deny/reverse). 17.90.070 Time for and contents of an appeal to the city council. All appeals to the city council shall be closed-record appeals and shall follow the procedures and conduct as set forth below: A. Appeals of the hearing examiner's decision to the city council must be: 1.Filed with the city clerk within 14 calendar days from the date the final decision of the hearing examiner was mailed; 2.Accompanied by the appeal fee identified by Chapter 17.110 SVMC,Fees and Penalties; 3.Accompanied by the separate transcript/record deposit fee identified by Chapter 17.110 SVMC, Fees and Penalties; and 4. Submitted on a form obtained from the city clerk. B. The appeal form submitted by the appellant shall contain the following information: 1. The file number and a copy of the decision; 2. The name and mailing address of the appellant;the name and mailing address of the appellant's attorney,if any; and the name of the applicant,if different than the appellant; 3.Facts demonstrating that the appellant has standing to appeal; 4.A separate and concise statement of each error alleged to have been committed; 5.A separate and concise statement of facts upon which the appellant relies to sustain the statement of error; and 6.A request for relief,specifying the type and extent of relief requested. C.Upon receipt of the written appeal form and payment of the appeal fee,the city clerk shall forward a copy of the appeal and the transcript/record deposit fee to the hearing examiner. D. The appeal shall be dismissed by the city council if: 1. It is filed by a person without standing to appeal; 2. The city council does not have jurisdiction to hear the appeal; Ordinance 22-012—Hearing Examiner Related Regulations Page 21 of 44 DRAFT 3. It is not timely filed; 4. The appeal fee or the transcript/record deposit fee was not timely paid; 5. The appellant failed to timely pay the costs incurred by the hearing examiner in preparing the verbatim transcript and certified record,after being billed for such costs; or 6. It is not filed in accordance with the procedures set forth in these rules. All motions to dismiss a defective appeal shall be filed within 15 calendar days from the filing date of the appeal,except for a dismissal under SVMC 17.90.070(D)(5).The city council may dismiss an appeal under SVMC 17.90.070(D)(5)upon receiving written notification from the hearing examiner that the appellant failed to timely pay the costs incurred by the hearing examiner for the appeal after being billed for such costs. E. The hearing examiner shall have 30 calendar days from the filing date of the appeal to prepare a verbatim transcript of the hearing before the hearing examiner and a certified copy of the documents in the record, and to bill the appellant for the costs incurred. The city council may authorize a longer time, at the hearing examiner's request,for unusually large records or transcripts. 1. If the hearing examiner,the appellant, and the applicant(if different than the appellant), agree,or upon order of the city council,the verbatim transcript and/or record may be shortened or summarized to avoid reproduction or transcription of portions of the record that are duplicative or irrelevant to the issues raised by the appeal. 2.Upon completion of the transcript and record,the hearing examiner shall bill the appellant for all costs incurred by the hearing examiner in preparing the verbatim transcript and certified record. The appellant shall pay the balance above and beyond the deposit fee within seven calendar days from the date the bill was mailed or provided to the appellant. 3.Upon the appellant's payment of the bill for the cost of the transcript and record,the hearing examiner shall,by the next business day,deliver a copy of the appeal,verbatim transcript, and certified record to the city clerk. The hearing examiner shall also provide to the city clerk a list of the names and mailing addresses of the applicant and the parties of record to the hearing before the hearing examiner. 4. The city clerk shall furnish copies of the transcript and record to the applicant,if different than the appellant, all members of the city council, and the city attorney. The hearing examiner,upon request, will furnish copies of the transcript and record to the appellant,the applicant(if different than the appellant), and other entities that may request one at the cost of reproduction. 5. If the city council dismisses the appeal on procedural grounds,the appellant shall reimburse the hearing examiner for the balance of the costs incurred by the hearing examiner in preparing the transcript and record as of the date of the dismissal,if any. 17.90.080 Appeal review process for city council. The city council, at its next regular meeting following receipt of the transcript and record from the hearing examiner, shall schedule a closed-record hearing on the appeal. A. The city council shall schedule the appeal hearing no sooner than 30 calendar days from the date the transcript and record were received from the hearing examiner. B. The city council may approve a later hearing date upon agreement of the applicant. C. The appellant,or a party of record in opposition to the appeal,may provide input as to the hearing date only in person at the meeting,or by submitting a letter to the city clerk prior to the meeting. Ordinance 22-012—Hearing Examiner Related Regulations Page 22 of 44 DRAFT D. The city clerk shall mail notice of the time,place, and date of the hearing to the appellant,the applicant (if different than the appellant), and all parties of record to the hearing before the hearing examiner within five calendar days from the date the appeal hearing was scheduled. E. Closed-record appeals before the city council shall be concluded within 60 calendar days from the date the transcript and record are received by the city clerk,unless the applicant agrees in writing to a longer period. 17.90.090 City council appeal hearing procedures. All appeals to the city council shall be conducted in the manner set forth in Appendix C. Section 4. Amendment. Chapter 17.105 SVMC is hereby amended as follows: 17.105.010 Findings—Purpose. It is found that there exists in the City of Spokane Valley dwellings,buildings, structures, and premises which are unfit for human habitation and which are unfit for other uses due to dilapidation,disrepair, structural defects,defects increasing the hazards of fire, accidents,or other calamities,inadequate drainage,overcrowding,or due to other conditions which are harmful to the health and welfare of the residents of the City. Chapter 17.105 SVMC is adopted pursuant to Chapter 35.80 RCW and is intended to clarify and strengthen the City's procedures for abating suelrunfit dwellings,buildings, structures,and premises. Chapter 17.105 SVMC may only be used for those purposes specified in Chapter 35.80 RCW and shall be in addition and supplemental to the powers conferred by any other law,including but not limited to Chapters 7.05 and 17.100 SVMC. Chapter 17.105 SVMC may be used for any dwelling,building, structure,or premises determined to be unfit for habitation or other uses pursuant to any law,including any provision of the State Building Code and any provision adopted pursuant to Title 24 SVMC. Chapter 17.105 SVMC shall not be construed as intended to protect a specific class of persons other than the general public or as creating a duty to any individual citizen. 17.105.020 Enforcement authority and powers. A. The responsibility for administration and enforcement of Chapter 17.105 SVMC,unless otherwise provided,is vested in the city manager or his or her designee(s).All references to city manager herein shall include his or her designee(s). The city manager is designated as the City's"improvement officer" pursuant to RCW 35.80.030 for purposes of Chapter 17.105 SVMC. B. The hearing examiner is hereby designated as the"appeals commission"pursuant to RCW 35.80.030 for the purposes of Chapter 17.105 SVMC and shall have all rights and responsibilities for hearing appeals of administrative orders issued by the city manager. C. The city manager may exercise such lawful powers as may be necessary or convenient to effectuate the purposes and provisions of Chapter 17.105 SVMC. These powers shall include,but are not limited to,the following: 1. To determine,pursuant to standards prescribed herein and by the residential,property, and building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or are hereafter amended,which dwellings within the City are unfit for human habitation; 2. To determine,pursuant to standards prescribed herein and by the residential,property, and building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or may hereafter be amended,which buildings,structures,or premises are unfit for other use; 3. To administer oaths and affirmations,examine witnesses and receive evidence; Ordinance 22-012—Hearing Examiner Related Regulations Page 23 of 44 DRAFT 4. To investigate the dwelling or other property conditions in the City and to enter upon premises to make examinations when the city manager has reasonable grounds to believe such dwellings, buildings, structures,or premises are unfit for human habitation or for other use;provided such investigations shall comply with all applicable constitutional, federal, state, and local laws and shall be made in such a manner as to cause the least possible inconvenience to the persons in possession; 5. To obtain an order from a court of competent jurisdiction for the purpose of entering premises to make such examinations, after submitting evidence in support of an application which is adequate to justify such an order in the event entry is denied or resisted; 6. To conduct all necessary hearings related to a determination of unfitness and to impose and require such remedies and penalties as may be appropriate to vacate,improve,repair,remove,or demolish unfit dwellings,buildings,structures,or premises; 7. To take all such actions as necessary to collect or assess any allowable costs,fees,or penalties as a result of actions taken pursuant to Chapter 17.105 SVMC as allowed by law;and 8. To take such other action as may be reasonably necessary and related to administer,enforce, and carry out the requirements of Chapter 17.105 SVMC. 17.105.030 Procedure to abate unfit dwellings,buildings,structures, or premises. A. Complaint. 1. If the city manager, after a preliminary investigation,finds that any dwelling,building,structure or premises is unfit for human habitation or other use pursuant to SVMC 17.105.040,the city manager shall cause a written complaint to be served either personally or by certified mail,with return receipt requested,upon all persons having any interest therein,as shown upon the records of the Spokane County auditor, and shall post the complaint in a conspicuous place on the property that is the subject of the complaint. 2. If the whereabouts of any such persons is unknown and cannot be ascertained by the city manager in the exercise of reasonable diligence, and the city manager makes an affidavit to that effect with the complaint,then service may be made by: a. Personal service;or b.Mailing the complaint and affidavit by certified mail,postage prepaid,return receipt requested,to each such person at the address of the building involved in the proceeding, and mailing a copy of the complaint and affidavit by first-class mail to any address listed for each such person in the records of the Spokane County assessor or Spokane County auditor. 3. The complaint shall state in what respects such dwelling,building, structure,or premises is unfit for human habitation or other use pursuant to SVMC 17.105.040,the applicable remedies that will be sought,notice of any penalties, and notice that if the City is required to abate the conditions,it may seek all costs,fees and expenses and such costs,fees,and expenses may be assessed upon the property and collected as allowed by law. 4. The complaint shall contain notice that a hearing shall be held before the city manager at a place specified in the complaint,not less than 10 calendar days nor more than 30 calendar days after the serving of the complaint,and that all parties in interest have the right to file an answer to the complaint,appear in person,or otherwise,and to give testimony at the time and place in the complaint. 5.A copy of the complaint and any supporting affidavit shall be filed with the Spokane County auditor, and the filing of the complaint shall have the same force and effect as other lis pendens notices provided by law. Ordinance 22-012—Hearing Examiner Related Regulations Page 24 of 44 DRAFT B.Hearing.As specified in the complaint,the city manager shall conduct a hearing to determine if a dwelling,building, structure,or premises is unfit for human habitation or other use.All persons identified in the complaint shall have the right and opportunity to file an answer with the city manager and appear at the hearing in person,or otherwise, and give testimony concerning the preliminary determination set forth in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the city manager.At the conclusion of the hearing, after taking all testimony and reviewing all submitted evidence,the city manager shall make a determination as to whether the dwelling, building,structure,or premises is unfit for human habitation or other use pursuant to SVMC 17.105.040. C.Findings and Order. 1.Upon a determination that a dwelling,building,structure,or premises is unfit for human habitation or other use pursuant to SVMC 17.105.030(B),the city manager shall make written findings of fact in support of such determination, and shall issue and cause to be served upon each owner and party in interest as identified in the complaint,either personally or by certified mail with return receipt requested, and shall post in a conspicuous place on the property, an order that: a. Requires the owner and other parties in interest,within the time specified in the order,to repair, alter,or improve such dwelling,building, structure,or premises to render it fit for human habitation or for other appropriate use,or to vacate,close, and secure the dwelling,building, structure,or premises,if that course of action is deemed lawful and reasonable pursuant to SVMC 17.105.040; or b. Requires the owner and parties in interest,within the time specified in the order,to remove or demolish the dwelling,building, structure,or premises,if that course of action is deemed lawful and reasonable pursuant to SVMC 17.105.040. If a complainant has made a written request to be notified of the City's response to the complaint filed by the complainant,the City shall mail,first class with postage prepaid,a copy of the order made by the city manager. 2.An order may require the owner to take effective steps to board up or otherwise bar access to the structure or premises,if deemed necessary for public safety,pending further abatement action. The order shall include any appropriate penalties or remedies available to the City pursuant to Chapter 17.105 SVMC or other applicable provisions of the code. 3. If no appeal is filed within 30 calendar days from the date of service of the order, a copy of the order shall be filed with the Spokane County auditor,and shall be a final order. 17.105.040 Criteria for determination of unfit dwellings,buildings,structures, or premises. A. Determination. The city manager is hereby granted authority to determine if a dwelling,building, structure,or premises is unfit for human habitation or other use if he or she finds that one or more defects or conditions exist in such dwelling,building, structure,or premises which are dangerous or injurious to the health and safety of the occupants of such dwelling,building, structure,or premises,the occupants of neighboring dwellings or buildings,or other residents of the City as follows: 1. The defects or conditions meet one or more of the following: a. Whenever any door, aisle,passageway,stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic; b. Whenever the walking surface of any aisle,passageway, stairway or other means of exit is so warped,worn,loose,torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic; Ordinance 22-012—Hearing Examiner Related Regulations Page 25 of 44 DRAFT c. Whenever the stress in any materials,member or portion thereof,due to all dead and live loads,is more than one and one half times the working stress or stresses allowed in the Washington State building code, as now adopted in Chapter 19.27 RCW and WAC Title 51 or hereafter amended for new buildings of similar structure,purpose or location; d. Whenever any portion thereof has been damaged by fire,earthquake,wind, flood or by any other cause,to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Washington State building code, as now adopted in Chapter 19.27 RCW and WAC Title 51 or hereafter amended for new building of similar structure,purpose or location; e. Whenever any portion or member of appurtenance thereof is likely to fail,or to become detached or dislodged,or to collapse and thereby injure persons or damage property; f. Wherever any portion of a building,or any member appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability,or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Washington State building code,as now adopted in Chapter 19.27 RCW and WAC Title 51 or hereafter amended for new building of similar structure,purpose or location,without exceeding the working stresses permitted in the Washington State building code, as now adopted in Chapter 19.27 RCW and WAC Title 51 or hereafter amended for such buildings; g. Whenever any portion thereof has wracked,warped,buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction; h. Wherever the building or structure, or any portion thereof,because of: i. Dilapidation,deterioration or decay; ii.Faulty construction; iii. The removal,movement or instability of any portion of the ground necessary for the purpose of supporting such a building; iv. The deterioration,decay or inadequacy of its foundation; or v.Any other cause; is likely to partially or completely collapse; i. Whenever,for any reason,the building or structure,or any portion thereof,is manifestly unsafe for the purpose for which it is being used; j. Whenever the exterior walls are not anchored to supporting and supported elements; are not plumb and free of holes,cracks or breaks and loose or rotting materials; or are not capable of supporting all nominal loads and resisting all load effects; k. Whenever the foundation systems are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored,or are capable of supporting all nominal loads and resisting all load effects; 1. Whenever roofing or roofing components that have defects that admit rain,roof surfaces with inadequate drainage or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects; Ordinance 22-012—Hearing Examiner Related Regulations Page 26 of 44 DRAFT m. Wherever a building or structure,used or intended to be used for dwelling purposes,because of inadequate maintenance,dilapidation,decay,damage, faulty construction or arrangement, inadequate light, air or sanitation facilities,or otherwise,is determined by the building official, in consultation with the appropriate agency,to be unsanitary,unfit for human habitation or in such a condition that is likely to cause sickness or disease; n. Whenever any building or structure,because of obsolescence,dilapidated condition, deterioration,damage,inadequate exits,lack of sufficient fire-resistive construction,faulty electric wiring,gas connections or heating apparatus,or other cause,is determined by the fire marshal to be a fire hazard; or o. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public; or 2. The defect or condition otherwise substantially violates the standards and requirements set forth in the residential,property,and building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or may hereafter be amended. B.Nothing herein shall require the city manager to determine a dwelling,building, structure,or premises is unfit for human habitation or other use or to require any particular remedy or abatement unless otherwise required by law. C. Standards for Determining Appropriate Remedial Action. 1. Once the city manager has made a determination that conditions are such that a dwelling,building, structure,or premises is unfit for human habitation or other use,the city manager shall determine the appropriate remedy for the dwelling,building, structure,or premises. The city manager is hereby authorized to require any appropriate remedy determined necessary to eliminate the hazardous, injurious,or dangerous conditions or defects and to bring the dwelling,building,structure,or premises into compliance with the residential,property, and building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or may hereafter be amended. Remedies may include but are not limited to requiring repair,renovation,restoration,removal,demolition of,or requiring the person to vacate and close or secure the dwelling,building,structure,or premises.For purposes of SVMC 17.105.040,"secure"means boarding all door,window,and other entry points or,if boarding is not possible due to damage,causing the property to be secured by completely fencing off the property or defects or dangerous conditions with at least a six-foot-tall fence. When determining the extent of the remedy required, including demolition,the city manager shall give consideration to: a. Whether the conditions create an immediate or imminent threat to public health, safety, and welfare for the subject property and/or adjacent or nearby properties; b. The cost of available remedies versus the value of the property. This factor shall weigh more in favor of demolition as the cost of the remedy increases in relation to the value of the property; c. The length of time the condition has existed; and d.Previous efforts by the owner or parties in interest to remedy the conditions. 2.Except as otherwise provided herein,a dwelling,building, structure,or premises that has been determined unfit for human habitation shall be demolished whenever the estimated cost of repair, renovation,restoration or other remedy exceeds 50 percent of the value of the dwelling,building, structure,or premises. Ordinance 22-012—Hearing Examiner Related Regulations Page 27 of 44 DRAFT 3. When a dwelling,building, structure,or premises has been determined to be unfit for human habitation or other use pursuant to SVMC 17.105.040(A) and has been ordered to be repaired, renovated,or restored,it shall be vacated and demolished if it has not been repaired,renovated, restored,or otherwise abated to such a degree to receive a written determination of habitability from the city manager within six months after the date specified for completion of the required repair, renovation,or restoration,provided such date shall not exceed 18 months from the date of the final determination of unfitness,including any appeals of such determination. 4. The city manager shall specify the timeline for(a)demolition of the unfit structure,if the structure is required to be demolished,or(b)other abatement required for structures in the determination of unfitness. 17.105.050 Right to appeal. A. The following parties have standing to appeal an order of the city manager to the hearing examiner: 1. The party in interest or owner of property subject to the order;and 2. The complainant if a written request is made to be notified of the City's response to the complaint filed by the complainant. B.An appeal of the city manager's order may be filed within 30 calendar days from the date of service. An appeal shall not be considered filed unless accompanied with the appropriate appeal fee and a complete appeal submittal. 17.105.060 Contents of an appeal to the hearing examiner. A. Each appeal to the hearing examiner shall include: 1. The case number designated by the City and the name of the parties in interest and owner of the property subject to the order; 2. The name and signature of each appellant or their authorized representative and a statement showing that each appellant has standing to file an appeal pursuant to SVMC 17.105.050. If multiple parties file a single appeal,the appeal shall designate one party as the contact representative; 3. The specific decision and specific portions of the decision or determination being appealed, and the reasons why each aspect is in error as a matter of fact or law; 4.Evidence that specific issues raised on appeal were raised during the hearing on the complaint or were timely submitted while the record was open if such issues could have been raised;provided issues that were not ripe (such as issues raised in decision)need not have been raised; and 5. The appeal fee pursuant to Chapter 17.110 SVMC,unless otherwise exempted. The fee may be refunded,either wholly or partially,if: a. The appellant requests withdrawal of the appeal in writing at least 10 calendar days before the scheduled appeal hearing date; or b. The appellant(s)successfully appeals the City's order,which refund shall occur within 45 calendar days of the hearing examiner's decision. B.All complete appeals submitted and allowed pursuant to Chapter 17.105 SVMC shall be scheduled for hearing before the hearing examiner._-The hearing shall be scheduled to allow the hearing examiner to issue a final decision on the appeal within 60 calendar days from the date of filing of the appeal.Hearings on an appeal shall be open to public view. Ordinance 22-012—Hearing Examiner Related Regulations Page 28 of 44 DRAFT C.Notice of the appeal hearing shall be provided at least 10 calendar days in advance of the hearing,by first-class mail,postage prepaid,to the appellant(s),the other party in interest,or other owner of the property subject to the order, and complainant,if the complainant made a written request to be notified of the City's response to the complaint,and the City. 1.Failure of a person entitled to receive notice to actually receive notice does not affect the jurisdiction of the hearing examiner to hear the appeal when scheduled and render a decision,if the notice was properly published,mailed, and/or posted as required by law. 2.A person is deemed to have received notice if the person appears at the hearing,or submits written comments on the merits of the application,or if the person fails to object to the lack of notice promptly after the person obtains actual knowledge of the hearing date. 3. If required notice is not given and actual notice is not received,the hearing examiner may reschedule the hearing or keep the record open on the matter to receive additional evidence from the party or parties who did not receive notice. D. The filing of the appeal shall stay the order of the city manager,except for temporary measures of an emergent nature that are required, such as securing the building to minimize any imminent danger to the public health or safety. 17.105.070 Hearing examiner appeal procedures. A. Except as otherwise provided in this chapter,all appeals of decisions under this chapter shall be before the hearing examiner and shall be conducted pursuant to Appendix B. Appeals are limited to consideration of the issues on appeal, and are not public forums for general public comment. The format of the appeal hearing shall be organized so that the testimony and written evidence may be presented quickly and efficiently. B. Burden of Proof. Unless otherwise provided by law,the determination of City staff in the order shall be accorded substantial weight, and appellant shall have the burden of proof to show that the original administrative decision was issued in error of law or that the findings,conclusions,or decision are not supported by substantial evidence. C. Staff reports. The City may prepare a report including introduction of the official file on the order and its procedural history, an explanation of the city manager's determination, including the use of visual aids, and the recommendation of the City on the appeal of the order. D. Nothing herein shall prevent the hearing examiner from requiring briefing from the parties on the merits of their respective cases. Nothing herein shall prevent any party from submitting written briefing on the merits of its case;provided that such briefing shall be provided within the time periods identified by the hearing examiner. The format will generally be as follows: 1.A brief introduction of the matter by the hearing examiner; 2.A report by City staff including introduction of the official file on the order and its procedural history, an explanation of the city manager's determination,including the use of visual aids, and the. recommendation of the City on the appeal of the order; 3. The submittal of testimony and documents by or on behalf of the appellant(s),who have the burden of proof at the hearing; 1. The submittal of testimony and documents by the City and opposing parties; 5. Rebuttal; b. Questions or requests for clarifications by the hearing examiner, and closing arguments; Ordinance 22-012—Hearing Examiner Related Regulations Page 29 of 44 DRAFT 7. Closure of the hearing; 8. Closure of the record and continuation of the matter for final decision. B. All reasonably probative evidence is admissible by the hearing examiner. The hearing examiner may exclude all evidence that is irrelevant,immaterial or unduly repetitious. The judicial rules of evidence are not generally applied, but may be used by the hearing examiner for guidance. The hearing examiner shall accord such weight to the evidence as he/she deems appropriate. C. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference, at the hearing examiner's discretion. The hearing examiner may require that the original of a document be produced. A party submitting documentary material at the hearing shall make copies available at the hearing for review by the opposing party. laws, ordinances or regulations;the City's comprehensive plan and other adopted plans or policies of the City; and general, technical and scientific facts within the hearing examiner's specialized knowledge; so long as any noticed facts are included in the record and referenced or arc apparent in the hearing examiner's final decision. E. All testimony taken by the hearing examiner in an appeal pursuant to Chapter 17.105 SVMC shall be under oath or affirmation. F. The hearing examiner may allow the cross examination of witnesses. The hearing examiner is authorized to call witnesses and request written evidence in order to obtain the information necessary to make a decision. The hearing examiner may also request written information from or the appearance of a representative from any City department having an interest in or impacting the order on appeal. G. The hearing examiner may impose reasonable limitations on the number of witnesses to be heard and the nature and length of their testimony to avoid repetitious testimony, expedite the hearing or avoid continuation of the hearing. H. The hearing examiner may cause the removal of any person who is being disruptive to the proceedings, or continue the proceedings if order cannot be maintained. The hearing examiner shall first issue a warning if practicable. I.No testimony or oral statement regarding the substance or merits of an application is allowable after the close of the appeal hearing.No documentary material submitted after the close of hearing will be considered by the hearing examiner unless the hearing examiner has left the record open for the submittal of such material and all parties are given an additional time to review and rebut such material. Ordinance 22-012—Hearing Examiner Related Regulations Page 30 of 44 DRAFT 17.105.080 Reserved. A. The hearing examiner may reopen or continue a hearing to take additional testimony or evidence,or other compelling cause,provided a final decision has not been entered. B. If the hearing examiner announces the time and place of the continued hearing on the record before the hearing is closed,no further notice is required. If the hearing is reopened after the close of the hearing, all parties shall be given at least five days' notice of the date,time,place and nature of the reopened hearing. C. Motions by a party for continuation or to reopen a hearing shall state the reasons therefor and be made as soon as reasonably possible. The motion shall be submitted in writing unless made at the hearing. The hearing examiner may continue or reopen a hearing on his/her own motion, citing the reasons therefor. D. If the decision of the hearing examiner rests upon issues of fact or law not raised by any party at time of hearing,the hearing examiner shall continue and/or reopen the hearing to a later date to allow the parties an opportunity to comment and/or present evidence on those issues of fact or law. 17.105.090 Hearing examiner appeal—Record of hearing. The hearing examiner shall establish and maintain a record of all proceedings and hearings conducted by the hearing examiner,including an electronic recording capable of being accurately transcribed and reproduced. Copies of the recording and any written portions of the record shall be made available to the public on request for the cost of reproduction or transcription,as determined by the hearing examiner. Any request for a record of hearing pursuant to SVMC 17.105.090 shall not be considered a public record request pursuant to chapter 42.56 RCW unless specifically identified as such by the requester. B. The record shall include,but is not limited to: 1. The city manager's order and appeal submittal; 2. City staff reports; 3. All evidence received or considered by the hearing examiner; 1. The final written decision of the hearing examiner; 5. Affidavits of notice for the hearing; 6. The electronic recordings of the hearings and proceedings by the hearing examiner; and 7. The departmental file for the order and appeal, if incorporated into the record by the hearing examiner. C. The hearing examiner may authorize a party to have the proceedings reported by a court reporter and have a stenographic transcription made at the party's expense. The hearing examiner may also cause the proceedings to be reported by a court reporter and transcribed. D. The hearing examiner shall have custody of the hearing record and shall maintain such record until the period for appeal of the hearing examiner's final decision has expired or the record is transmitted to court pursuant to an appeal of the hearing examiner's final decision. 17.105.100 Hearing examiner appeal—Decision. A. The decision of the hearing examiner shall be in writing,be based on the whole record, and include, but not be limited to, the following: 1. Background. The nature and background of the proceeding, including identification of party representatives participating in the hearing,prehearing determinations, and other similar information. 2. Findings. The facts that the hearing examiner finds relevant, credible, and necessary to the decision,based on the record of the proceedings. Ordinance 22-012—Hearing Examiner Related Regulations Page 31 of 44 DRAFT 3. Conclusions. Legal and factual conclusions based upon specific provisions of law and the findings of fact. 4. Decision. The outcome of the appeal (affirm/uphold, modify, or deny/reverse). The hearing examiner's decision include findings of fact and conclusions based on the record to support the decision, and shall bear the same legal consequences as if issued by the city manager pursuant to SVMC 17.105.030. B. The hearing examiner shall render a final decision within 10 calendar business days following the closure of the record,unless a longer time period is mutually agreed to in writing by the appellant and the hearing examiner;provided,the decision of the hearing examiner shall be issued within 60 calendar days from the date of filing of the appeal. C. The hearing examiner shall report and provide notice of the decision by certified mail,return receipt requested,to the appellant(s)and to all parties and the City by first class mail,postage prepaid.Any final order in the hearing examiner's decision shall be posted in a conspicuous location on the property that is the subject of the decision and appeal.A copy of the hearing examiner's decision shall be filed with the Spokane County auditor.A transcript of the hearing examiner's decision, findings, and orders shall be made available to the appellant upon demand. D. The hearing examiner may affirm, modify,reverse,or return with directions, the city manager's appealed order in the event he or she finds an error of law or the record is not supported by substantiated evidence. BD. The hearing examiner's decision shall be subject to further review only in the manner and to the extent provided in SVMC 17.105.110 and 17.105.120. If it is not timely and correctly appealed pursuant to SVMC 17.105.110 or 17.105.120,the hearing examiner's decision shall be a final order. 17.105.110 Hearing examiner appeal—Reconsideration,clerical errors. A.Any aggrieved party of record may file a written petition for reconsideration with the hearing examiner within 10 calendar days following the date of the hearing examiner's written decision. The petitioner for reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties of record on the date of filing. The timely filing of a petition for reconsideration shall stay the hearing examiner's decision until such time as the petition has been disposed of in writing by the hearing examiner. B. The grounds for seeking reconsideration shall be limited to the following: 1. The hearing examiner exceeded the hearing examiner's jurisdiction; 2. The hearing examiner failed to follow the applicable procedure in reaching the hearing examiner's decision; 3. The hearing examiner committed an error of law; 4. The hearing examiner's findings,conclusions and/or conditions are not supported by the record; or 5.New evidence which could not reasonably have been produced and which is material to the decision is discovered. C. The petition for reconsideration shall: 1. Contain the name,mailing address,and daytime telephone number of the petitioner,or the petitioner's representative,together with the signature of the petitioner or of the petitioner's representative; Ordinance 22-012—Hearing Examiner Related Regulations Page 32 of 44 DRAFT 2. Identify the specific findings,conclusions, actions, and/or conditions for which reconsideration is requested; 3. State the specific grounds upon which relief is requested; 4. Describe the specific relief requested; and 5. Where applicable,identify the specific nature of any newly discovered evidence or changes proposed. D. The petition for reconsideration shall be decided by the same hearing examiner who rendered the decision,if reasonably available. The hearing examiner shall provide notice of the decision on reconsideration in the same manner as provided for a decision in SVMC 17.105.100. Within 14 calendar days the hearing examiner shall: 1.Deny the petition in writing; 2. Grant the petition and issue an amended decision in accordance with the provisions of SVMC 17.105.100; 3.Accept the petition and give notice to all parties of record of the opportunity to submit written comment. Parties of record shall have 10 calendar days from the date of such notice in which to submit written comments.The hearing examiner shall either issue a decision in accordance with the provisions of SVMC 17.105.100,or issue an order within 154 calendar days after the close of the comment period setting the matter for further hearing. If further hearing is ordered,the hearing examiner's office shall mail notice at least 154 calendar days in advance of the hearing as provided in SVMC 17.105.060 to all parties of record;or 4.Accept the petition and set the matter for further open record hearing to consider new evidence, proposed changes in the application and/or the arguments of the parties.Notice of such further hearing shall be mailed by the hearing examiner's office at least 10 calendar days in advance of the hearing as provided in SVMC 17.105.060 not less than 15 calendar days prior to the hearing date to all parties of record. The hearing examiner shall issue a decision following the further hearing in accordance with the provisions of SVMC 17.105.100. E.A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration;provided,that a decision which has been revised on reconsideration from any form of denial to any form of approval with preconditions and/or conditions shall be subject to reconsideration. F. The hearing examiner may consolidate for action,in whole or in part,multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. G. Clerical mistakes and errors arising from oversight or omission in hearing examiner decisions may be corrected by the hearing examiner at any time either on the hearing examiner's initiative or on the motion of a party of record.A copy of each page affected by the correction,with the correction clearly identified, shall be mailed to all parties of record. This shall not extend the appeal period from the decision. 17.105.120 Appeal to superior court. Any person affected by an order issued by the hearing examiner may,within 30 calendar days after the date of service of the hearing examiner's order, appeal the hearing examiner's order to Spokane County superior court or may petition the superior court for an injunction or other appropriate order restraining the city manager from carrying out the provisions of the hearing examiner's order.Pursuant to RCW 35.80.030,in all such proceedings the court may affirm,reverse,or modify the order and the review shall be de novo. Ordinance 22-012—Hearing Examiner Related Regulations Page 33 of 44 DRAFT 17.105.130 Abatement. A. The order of the city manager or the hearing examiner may prescribe times within which demolition or other abatement shall be commenced or completed. If the action is not commenced or completed within the prescribed time,or if no time is prescribed within the time limit for appealing,the city manager may commence the required abatement action after having taken the legally required steps,if any,to gain entry. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time,the city manager or the hearing examiner may extend the time for completion of the work,subject to immediate summary revocation at any time without further hearing if satisfactory progress is not being made. B. If the owner is unable to comply with the city manager's or the hearing examiner's order within the time required, and the time for appeals to the hearing examiner or petition to the court has passed,the owner may,for good and sufficient cause beyond his or her control,request an extension of time in writing supported by affidavit. The city manager or hearing examiner may grant a reasonable extension of time after finding that the delay was beyond the control of the owner. There shall be no appeal or petition from the denial of an extension of time. C. Any work,including demolition,construction,repairs,or alterations required pursuant to Chapter 17.105 SVMC,shall be subject to all permitting requirements of the City. 17.105.140 Abatement by the City. A. If the parties of interest or owner,following exhaustion of his or her rights of appeal,fails to comply with a final order issued pursuant to Chapter 17.105 SVMC to repair,alter,improve,vacate,close, remove,or demolish the dwelling,building, structure,or premises,or fails to take other required action, the city manager may direct or cause such dwelling,building, structure,or premises to be repaired, altered,improved,vacated,closed,removed,demolished,or to abate such other conditions which render the dwelling,building, structure,or premises unfit for human habitation or other use as identified in the order and to take such further steps as may be reasonable and necessary to prevent access to the structure or premises, for public health or safety reasons,pending abatement. B. The City may seek a judicial abatement order from Spokane County superior court to abate a condition which continues to be a violation of Chapter 17.105 SVMC,or which,pursuant to a final order or hearing examiner decision issued pursuant to Chapter 17.105 SVMC,has been determined to be a dwelling, building, structure,or premises that is unfit for human habitation or other use. 17.105.150 Abatement costs. A. The amount of the cost of any abatement conducted pursuant to SVMC 17.105.140,including actual abatement expenses,reasonable legal fees and costs,administrative personnel costs,penalties,all other related expenses and costs, such as costs of notices,contracting,or inspections,costs of appeal of any decision pursuant to SVMC 17.105.050, and court costs, shall be paid by the parties in interest or owner of the property. If the parties in interest or owner of the property fail to timely pay such costs,the costs shall be assessed against the real property upon which such cost was incurred. The costs of abatement shall be certified by the city manager to the Spokane County treasurer as an amount due and owing to the City,pursuant to RCW 35.80.030,to be entered by the Spokane County treasurer as an assessment upon the tax rolls against the property for the current year and shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as is provided in RCW 84.56.020 as the same now exists or may hereafter be amended, for delinquent taxes, and when collected to be deposited to the credit of the City's general fund. B. If the City removes or demolishes a dwelling,building, structure,or premises pursuant to SVMC 17.105.140,the City shall,if possible, sell the materials from the dwelling,building, structure or premises. The proceeds of the sale of any materials shall be credited against the cost of removal or demolition, and if there is any balance remaining, such balance shall be paid to the parties entitled thereto, after deducting the costs incident thereto. Ordinance 22-012—Hearing Examiner Related Regulations Page 34 of 44 DRAFT C. The assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes pursuant to RCW 35.80.030(h). D.For purposes of SVMC 17.105.150,the cost of abatement shall include the amount of any relocation assistance payments that were advanced by the City pursuant to RCW 59.18.085 and which have not been repaid and any and all penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments pursuant to RCW 59.18.085. E. The city manager may modify the time or methods of payment of such expenses as the condition of the property and the circumstances of the owner may warrant. In cases of extreme hardship, such expenses may be waived pursuant to an appropriate written finding by the city manager. 17.105.160 Supplemental chapter. Nothing in Chapter 17.105 SVMC shall be construed to abrogate or impair the powers of the courts or of any department of the City to enforce any provisions of its ordinances or regulations or to prevent or punish violations of such ordinances or regulations; and the powers conferred by Chapter 17.105 SVMC shall be in addition and supplemental to the powers conferred by any other statute or ordinance. 17.105.170 Nuisances—Powers reserved. Nothing in Chapter 17.105 SVMC shall be construed to impair or limit in any way the City's power to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. 17.105.180 Appeal to superior court. A.A decision pursuant to SVMC 17.105.100 shall be considered an"order" for purposes of Chapter 17.105 SVMC. B.An order issued pursuant to Chapter 17.105 SVMC may be appealed to Washington State Superior Court solely as allowed by law. 17.105.190 Emergencies. The provisions of Chapter 17.105 SVMC shall not prevent the city manager or any other officer or agency of the City of Spokane Valley from taking any other action,summary or otherwise,necessary to eliminate or minimize an imminent danger to the health or safety of any person or property. 17.105.200 Discrimination. All proceedings under Chapter 17.105 SVMC shall be subject to the anti-discrimination provisions of RCW 35.80.040 as the same now exists or may hereafter be amended. Section 5. Amendment. Chapter 18.20 SVMC is hereby amended as follows: 18.20.010 Authority. The hearing examiner system is established in accordance with the provisions of RCW 35A.63.170, 36.70B.120(3) and Chapter 58.17 RCW et seq. 18.20.020 Appointment. A. The hearing examiner is appointed by the city manager with regard only for qualifications for the duties of the office. The city manager alternatively may contract for hearing examiner services or may appoint one or more hearing examiners pro tern. B. The qualifications for the office of hearing examiner include a license to practice law in the state of Washington,expertise in land use law and planning and the training and experience necessary to conduct administrative or quasi-judicial hearings and to issue decisions and recommendations on land use planning and regulatory matters. Ordinance 22-012—Hearing Examiner Related Regulations Page 35 of 44 DRAFT 18.20.030 Powers and duties. A. The hearing examiner shall be under the administrative supervision of the city manager. B. The hearing examiner shall have the following powers and duties: 1.Annually provide a written report to the city manager or designee and city council that states the number and type of hearings conducted and decisions issued during the past year,the outcome of such decisions,recommendations for improving the hearing examiner system,and pertinent observations and recommendations regarding land use policies and development regulations. 2. Upon request,meet with the city manager or designee or city council to discuss the written report. 3. Receive and examine available information,make site visits,take official notice of matters, conduct public hearings,prepare a record thereof,and enter findings,decisions or recommendations. 4.As a part of the conduct of public hearings,the hearing examiner shall have the authority to: a. Conduct pre-hearing conferences; b. Require the submittal of information; c. Schedule and continue hearings; d. Rule on all evidentiary and procedural matters,including motions and objections appropriate to the proceedings; e. Receive evidence and cause preparation of the record; f. Regulate the course of hearings and the conduct of the parties and their agents; g. Maintain order during the hearing process; h. Render decisions and issue written findings and conclusions; i. Include in a decision the conditions of approval necessary to ensure that the application complies with the applicable criteria for its approval; and j. Revoke any approval for failure to comply with the conditions imposed by the hearing examiner where specifically authorized by the SVMCW.D or state law. 5. The hearing examiner shall hear the following matters: a.Variances; b. Conditional use permits; c. Special use permits; d. Shoreline letter of exemption appeals; e. Preliminary plats; f.Appeals from any administrative decision of the depaitnient of community and public works development or the building official in the administration or enforcement of chapter 7.05 SVMC and Title 17 through 24 SVMC the Spokane Valley Uniform Development Code orand any other land use code or regulation; g.Appeals on State Environmental Policy Act(SEPA)determinations; Ordinance 22-012—Hearing Examiner Related Regulations Page 36 of 44 DRAFT h. Site-specific zone changes of property,including any environmental determination(under SEPA); and i.Any other applications or appeals that the city council may refer by motion or ordinance, specifically declaring whether that the decision of the hearing examiner can is a final decision or may be appealed to the city council. 6.All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth in Appendix B. 7. Hearing examiner decisions shall be given the effect of a final decision of the legislative body, except for rezones and where otherwise specified by City Council or the applicable SVMC. q8.Appeals of any decision of the hearing examiner shall be as is set forth in Chapter 17.90 SVMC. 18.20.040 Removal. The hearing examiner or hearing examiner pro tern may be removed by the city manager without cause; or,if serving under a contract, according to the terms or upon its expiration. 18.20.050 Ex parte communications. A.No person may communicate ex parte,directly or indirectly,with the hearing examiner.The hearing examiner may not communicate ex parte with opponents or proponents of any application unless the hearing examiner makes the substance of such communication part of the public record and provides the opportunity for any party to rebut the substance of such communication as provided by law. The hearing examiner may reopen the hearing record prior to a final decision to address such matters. B. This section does not prohibit ex parte communication regarding procedural matters,communication by the hearing examiner with his/her staff or the city attorney's office,communication by the hearing examiner for the sole purpose of conveying information regarding the specifics of an application,or communication by the hearing examiner with city departments for the purpose of obtaining information or clarification,so long as the information or clarification received by the hearing examiner is made part of the record. C. If a prohibited ex parte communication is made to or by the Hearing Examiner,the communication shall be publicly and timely disclosed, and proper discretion shall be exercised by the Hearing Examiner on whether to seek recusal as Hearing Examiner for that particular hearing and have a Hearing Examiner pro tern preside over that matter. 18.20.060 Conflict of interest. The hearing examiner may not participate in a public hearing or decision-making process where such participation would constitute a conflict of interest pursuant to Chapter 42.23 RCW. Similarly,the hearing examiner may not participate in a public hearing or decision-making process where such participation would violate the appearance of fairness doctrine, set forth in Chapter 42.36 RCW,unless the parties to such hearing or decision consent to or waive their right to object to such participation. Section 6. Amendment. Chapter 24.20 SVMC is hereby amended as follows: 24.20.010 Purpose of provisions. These regulations have been established in compliance with the State Building Code Act to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public as enumerated in RCW 19.27.020. Title 24 SVMC shall not be construed as intending to protect a specific class of persons other than the general public or as creating a duty to any individual citizen. Section 6. Amendment. Chapter 24.40 SVMC is hereby amended as follows: Ordinance 22-012—Hearing Examiner Related Regulations Page 37 of 44 DRAFT 24.40.010 General. A. The adopted codes shall apply to any structure,equipment,or activity as provided herein. B.All projects submitted for review and approval must conform to the requirements of SVMC Title 24. 24.40.020 Specific. A. Pursuant to Chapters 19.27 and 19.27A RCW, and Chapter 51-50 WAC,there is adopted and in effect within the City adopts the Washington State Building Code, as presently constituted or subsequently amended, together with all amendments and additions provided in SVMC Title 24. The adopted code includes: 1. The International Building Code, current adopted edition, as published by the International Code Council,Inc.,including Washington State Amendments(Chapter 51-50 WAC); 2. International Residential Code, current adopted edition, as published by the International Code Council,Inc.,including Washington State Amendments(Chapter 51-51 WAC); 3. International Energy Conservation Code,current adopted edition, as published by the International Code Council,Inc., including Washington State Amendments(Chapters 51-11C and 51-11R WAC); 4.International Mechanical Code and the International Fuel Gas Code,NFPA 58 and NFPA 54,current adopted editions, as published by the International Code Council, Inc., including Washington State Amendments(Chapter 51-52 WAC); 5. International Fire Code, current adopted edition, as published by the International Code Council, Inc.,including Washington State Amendments(Chapter 51-54A WAC); and 6. Uniform Plumbing Code and Uniform Plumbing Code Standards, current adopted edition, as published by the International Association of Plumbing and Mechanical Officials, including Washington State Amendments(Chapter 51-56 WAC). B. The City hereby adopts the 2018 Edition of the International Property Maintenance Code, current adopted edition, as published by the International Code Council, Inc., except Sections 106, 111, 302.3, 302.4, 302.8, 304.2, 304.8, 304.13 through 304.19, 305.3, 305.6, 308, 309.2 through 309.5, 404.1, 506.3, 507, and 606 are not adopted. The adopted International Property Maintenance Code is further hereby amended as provided in SVMC Title 24. The adopted International Property Maintenance Code is in addition and supplemental to any and all other adopted codes and regulations, and applies to any and all existing structures and premises; equipment, facilities and fixtures; light, ventilation, space heating, sanitation,life and fire safety hazards;responsibilities of owners,operators,and occupants; and occupancy of existing premises and structures; and such other matters as contained therein. C.No provisions contained in any of the codes adopted in SVMC 24.40.020 related to fees,time limitation of application, and permit expiration are adopted. All fees, application time limitations, and permit expirations shall be enforced pursuant to Title 7, 17, and 24 SVMC and not pursuant to the model codes adopted in SVMC 24.40.020. D. No provisions contained in any of the codes adopted in SVMC 24.40.020 related to the appeal of a decision, order, or determination of the Building Official are adopted. All appeals of a decision, order,or determination of the Building Official shall be pursuant to SVMC 17.90.010 and not pursuant to the model codes adopted in SVMC 24.40.020. 24.40.030 Local provisions. A. The provisions contained in the codes adopted in SVMC 24.40.020 shall apply unless specifically amended by SVMC Title 24. Ordinance 22-012—Hearing Examiner Related Regulations Page 38 of 44 DRAFT B. The following provisions amend all codes adopted by SVMC 21.10.020.Any provisions related to fees, time limitation of application and permit expiration in any of the codes adopted in SVMC 21.10.020 are not adopted, including but not limited to International Building Code subsections 105.3.2 and 105.5 as adopted by Chapter 51 50 WAC, and International Residential Code subsections R105.3.2 and R105.5 as adopted by Chapter 51 51 WAC. B. Projects subject to regulation under Chapter 24.40 SVMC vest to the state code edition under which a complete application was accepted. 1.Time Limitation of Application.Applications are valid for one year.One or more extensions of time may be granted for a term of not more than 180 days but shall not exceed the time remaining in the code cycle to which the application is vested. Any request for extension shall be made in writing. All permit applications regulated by SVMC Title 24 shall be deemed to be abandoned and become null and void if a permit is not issued within the time limits described herein. a.Applications that have expired subject to SVMC 24.40.030 have no vested right to review under the state code or Spokane Valley Municipal Code in effect at the time of original complete application. b. For review to continue on a project for which the application has expired, a new permit application must be submitted and a new fee paid. The application is subject to the processes and requirements of the Spokane Valley Municipal Code as constituted at the time of the new application. The scope of application submittal requirements and review process shall be determined by the city manager or designee. 2. Expiration of Permits. Every permit issued subject to SVMC 24.40.030 shall expire and become invalid unless the work authorized by such permit is commenced within two years of issuance. One or more extensions of time may be granted for a term not more than 180 days but shall not exceed the time remaining in the first full code cycle after the code cycle to which the permit is vested.Any such extension shall be requested in writing. A permit issued subject to SVMC 24.40.030 shall expire and become invalid if the work authorized by the permit is not completed within two years after the first required inspection has been made. a. Permits that have expired subject to SVMC 24.40.030 have no vested right to review under the Spokane Valley Municipal Code in effect at the time of original complete application acceptance. b. When a permit expires and the work authorized by the expired permit is not completed, the remaining work may continue only after a new permit application for the remaining work has been submitted, approved, and new fees paid. The scope of permit review and fee amount shall be determined by the city manager or designee. The fees shall be set to cover actual City costs for services. c. Compliance Actions. If a permit issued to resolve a code violation expires subject to SVMC 24.40.030, the property owner may be subject to the immediate imposition of penalties and remedies authorized by the Spokane Valley Municipal Code. 3. Permit Ownership. Ownership of a permit issued pursuant to SVMC Title 24 inures to the property owner. If the permit applicant is not the property owner,the applicant shall be held to be an agent of, and acting on behalf of,the property owner. 4. Fees and Fee Refunds. Application and permit fees shall be collected or refunded subject to the provisions of the currently adopted Spokane Valley master fee schedule. A permit shall not be valid until the fees prescribed by the Spokane Valley master fee schedule have been paid in full. Ordinance 22-012—Hearing Examiner Related Regulations Page 39 of 44 DRAFT The building official may authorize the refunding of fees in the manner and for the amounts set forth in the currently adopted Spokane Valley master fee schedule. 5. Work Commencing Before Permit Issuance. Any person who commences any work on a building structure,electrical,gas,mechanical or plumbing system,before obtaining necessary permits,shall be subject to an investigation fee in accordance with the current City of Spokane Valley master fee schedule. The investigation fee shall be equal to and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish any right to a permit. 24.40.040 Local amendments to the adopted codes. The City hereby amends the adopted State Building Code as follows: A. The International Building Code. 1.Amend Section 105,Permits,as follows: a. Section 105.2,Work exempt from permit,Building: 1.to read as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses provided the floor area does not exceed 200 square feet(11.15 m2). b. Section 105.2,Work exempt from permit,Building: Item 6.to read as follows: Item 6. Decks, sidewalks and driveways not more than 30 inches(762 mm) above the lowest adjacent ground level within six feet horizontally of the edge of the deck, sidewalk or driveway and where a guardrail is not required by other sections of this code, and not over any basement or story below and are not part of an accessible route. 2.Amend Section 1613,Earthquake loads, as follows: a.Add a sentence to subsection 1613.1, Scope,as follows: The minimum seismic design category shall be C. B. The International Residential Code. 1. Replace Table R301.2(1), Climatic and Geographic Design Criteria,with the following: GROUND WIND DESIGN SEISMIC SUBJECT TO DAMAGE WINTER ICE FLOOD AIR MEAN SNOW DESIGN FROM DESIGN BARRIER HAZARDS FREEZING ANNUAL LOAD* CATEGORY TEMP. UNDERLAYMENT INDEX TEMP Ultimate Topographic Special Windborne Weathering Frost Termite REQUIRED Design effects wind debris line Speed region region depth (mph)* 39 lbs/ft2 110 No No No C Severe 24" Slight to 10°F Yes 2010 FIRM 1232 47.2°F *Roof *Nominal Moderate Snow Design Load: min. Speed:85 30 lbs/ft2 MANUAL J DESIGN CRITERIA' Elevation Latitude Winter heating Summer cooling Altitude Indoor design temperature Design temperature Heating correction factor cooling temperature difference 2001 47°N 7°F 89°F 0.94 72°F 75°F 65°F Ordinance 22-012—Hearing Examiner Related Regulations Page 40 of 44 DRAFT GROUND WIND DESIGN SEISMIC SUBJECT TO DAMAGE WINTER ICE FLOOD AIR MEAN SNOW DESIGN FROM DESIGN BARRIER HAZARDS FREEZING ANNUAL LOAD* CATEGORY TEMP. UNDERLAYMENT INDEX TEMP Ultimate Topographic Special Windborne Weathering Frost Termite REQUIRED Design effects wind debris line Speed region region depth (mph)* Cooling Wind velocity heating Wind velocity Coincident wet bulb Daily range Winter humidity Summer humidity temperature cooling difference 14°F 15 MPH 7.5 MPH 61 High 30% 50% 'Manual J Design Criteria may be based on site-specific data in accordance with the Washington State Energy Code. 2.Amend Section R310.2.5,Emergency escape and rescue openings,as follows: R310.2.5 Replacement of emergency escape and rescue openings except for replacement of glazing only in such windows shall be of the size required by this section. 3.Amend Section R322,Flood-resistant construction,as follows: a.Modify R322.1, General,to add municipal code reference and read as follows: All development in whole or in part within a designated floodplain shall comply with chapter 21.30 SVMC and be designed and constructed in accordance with the provisions contained in this section. b. Add a sentence to subsection R322.1.4, Establishing the design flood elevation, such that the section reads as follows: The design flood elevation is equal to base flood elevation plus one (1) foot. The design flood elevation shall be used to define areas prone to flooding, and shall describe, at a minimum, the base flood elevation at the depth of peak elevation of flooding (including wave height)which has a 1 percent(100-year flood)or greater chance of being equaled or exceeded in any given year. c.Delete item 1 in subsection R322.2.1,Elevation requirements,as amended by Washington State, and replace with a new item 1 to read as follows: 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above base flood elevation plus one foot. d.Delete item 3 in subsection R322.2.1,Elevation requirements,as amended by Washington State, and replace with a new item 3 to read as follows: Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus one foot. e.Add a second paragraph to Section R322.3.9, Construction documents,to read as follows: The documents shall include a verification of foundation elevation prior to footing inspection approval and a verification of lowest floor elevation to be base flood elevation plus one foot prior to framing inspection approval. C. The International Mechanical Code and the International Fuel Gas Code. Reserved. D. The International Fire Code. 1.Adopt Appendix B,Fire Flow Requirements for Buildings. 2.Adopt Appendix C,Fire Hydrant Locations and Distribution. Ordinance 22-012—Hearing Examiner Related Regulations Page 41 of 44 DRAFT 3.Adopt Appendix D,Fire Apparatus Access Roads; amend Section D101.1,to read as follows: D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code including the provisions of Section 503 Fire Apparatus Access Roads. E. The Uniform Plumbing Code. Reserved. F. The 2018 International Property Maintenance Code. 1.Amend Section 202, General definitions,by adding the following definitions: a. Blighted property. A property, dwelling, building, or structure which constitutes blight on the surrounding neighborhood. "Blight on the surrounding neighborhood" is any property, dwelling, building,or structure that meets any two of the following factors: i.A dwelling,building,or structure exists on the property that has not been lawfully occupied for a period of one year or more; ii. The property, dwelling, building, or structure constitutes a threat to the public health, safety,or welfare as determined by the City manager or designee; iii. The property, dwelling,building, or structure is or has been associated with illegal drug activity during the previous twelve months. b. Drug properties and structures.Any building, structure and/or associated property,identified by the Chief of Police,wherein or upon which the manufacture,distribution,production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public. 2.Amend Section 202,General definitions,by deleting the following definitions: a. Garbage; b.Housekeeping unit; c. Inoperable motor vehicle. 3.Amend Section 108,Unsafe structures and equipment, as follows: a.Add a new subsection 108.8,Blighted properties,to read as follows: In conformance with RCW 35.80A.010, the City may acquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the surrounding neighborhood. Prior to such condemnation,the City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property,dwellings,buildings,and structures for the purposes described in this chapter is declared to be for a public use. b.Add a new subsection 108.9,Drug properties and structures,to read as follows: Drug properties and/or structures are declared to be unsafe properties or structures and are a classification of property subject to the special procedures set forth in Section 108.8.The Building Official is authorized to abate such unsafe buildings, structures, and/or associated properties in Ordinance 22-012—Hearing Examiner Related Regulations Page 42 of 44 DRAFT accordance with the procedures set forth in this code and Washington statute,chapter 64.44 RCW, with the following additional actions: i.Due to public safety hazard in drug production facilities,all public and private utilities shall be disconnected. ii. Building(s) and structures shall be inspected to determine compliance with all City ordinances and codes. iii.Building(s)and any entry gates to the property shall be secured against entry in the manner set forth in this code. iv. Reconnection of utilities or occupancy of the building(s), structures or property shall not be allowed until all violations have been addressed, all dangerous conditions abated and a notice of release for re-occupancy has been received from the health department and sheriff's office. v. If dangerous conditions cannot be abated,occupancy shall be prohibited and the structure and/or property may be subject to condemnation pursuant to RCW 35.80A.010, Condemnation of blighted property. 4. Replace the code reference, International Plumbing Code, in Sections 502.5 and 505.1 with the following: The State adoption of the Uniform Plumbing Code. 5. Delete the text of Section 602.2,Residential occupancies,and replace with the following: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F(20° C)in all habitable rooms,bathrooms, and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. 6. Delete the text of Section 602.3,Heat supply, and replace with the following: Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied,to supply heat to occupants thereof shall provide heat to maintain a temperature of 68°F (20° C)in all habitable rooms,bathrooms, and toilet rooms. 7. Replace paragraph one of Section 602.4,Occupiable work spaces,with the following: Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of 65° F (18° C) during the period the spaces are occupied. 8. Replace the code reference,ICC Electrical Code,in Section 604.2, Service,with the following: The State adoption of the National Electrical Code. Section 7. Repeal and replace SVMC Appendix B. SVMC Appendix B is hereby repealed and replaced in its entirety,with the new Appendix B included as Exhibit 1 to Ordinance 22-012, entitled "Rules of Procedure for Proceedings before the Hearing Examiner of the City of Spokane Valley, Washington. Section 8. Severability. If any section, sentence, clause or 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. Ordinance 22-012—Hearing Examiner Related Regulations Page 43 of 44 DRAFT Section 9. Effective Date. 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. Passed by the City Council this day of July,2022. ATTEST: Pam Haley,Mayor Christine Bainbridge,City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 22-012—Hearing Examiner Related Regulations Page 44 of 44 Exhibit 1 to Ordinance 22-012 APPENDIX B RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE HEARING EXAMINER OF THE CITY OF SPOKANE VALLEY, WASHINGTON Purpose These Rules of Procedure are intended to facilitate orderly hearings and appeals of administrative decisions pursuant to the Spokane Valley Municipal Code (SVMC). These rules shall be read in conjunction with the SVMC. Any conflict between these Rules of Procedure and the SVMC will be resolved in favor of the SVMC. These rules seek to ensure due process for hearings. Rules may be waived, at the Hearing Examiner's discretion, in order to promote hearing fairness and efficiency. Chapter I contains rules of general applicability. Chapter II sets forth rules for non- appeal hearings, and Chapter III sets forth rules for appeal hearings. Chapter I: Rules of General Applicability Sections: A. Definitions. B. Jurisdiction. C. Ex Parte Communication. D. Nature of Proceedings. E. Authority and Duties of the Hearing Examiner. F. Representation at Hearings or Meetings. G. Conflicts. A. Definitions. Words shall be defined as set forth in Appendix A. Additional definitions specific to Hearing Examiner rules of procedure are provided below: "Appellant" means a person, corporation, organization, association, or other similar group who files a complete and timely appeal of a decision or other appealable action pursuant to the SVMC. "Applicant"means those applying for approval of land uses or other non-land use permits,license, or approvals pursuant to SVMC. "Clerk to the Hearing Examiner" means a person designated to assist in the duties of the Hearing Examiner. "Motion" means an oral or written request made to the Hearing Examiner, for an order or other ruling. "Open Record Hearing" and "Open Record Appeal Hearing" shall have the same meaning as defined in RCW 36.70B.020. "Party of record"means: a. The Applicant and/or any Appellant; 1 Exhibit 1 to Ordinance 22-012 b. The property owner, if different than the Applicant; c. The City; d. Any person or public agency who individually submitted written comments to the City prior to the closing of the comment period provided in a legal notice (land use only or if specifically allowed by SVMC); e. Any person or public agency submitting written comments or testifying at the open record hearing (Land use only or if specifically allowed by SVMC); or f. Any person or public agency who submitted to the City a written request to specifically receive the notice of decision or to be included as a party of record prior to the closing of an open record hearing (land use only or if specifically allowed by SVMC). B. Jurisdiction. The scope of the Hearing Examiner's jurisdiction is set forth in RCW 35A.63.170 and chapter 18.20 SVMC. The Hearing Examiner shall have the authority set forth in RCW 35A.63.170 and chapter 18.20 SVMC. The scope of this jurisdiction includes the power to issue orders and make a decision or recommendation on an application or appeal as provided in the SVMC. C. Ex Parte Communication. Ex parte communication with the Hearing Examiner is governed pursuant to SVMC 18.20.050. D. Nature of Proceedings. 1. Expeditious Proceedings. Hearings shall be conducted expeditiously to the extent practicable and consistent with legal requirements. In conducting such proceedings, the Hearing Examiner, City staff,and all parties and their agents shall make every effort at each stage of a proceeding to avoid delay. Subject to these rules, the Hearing Examiner may conduct hearings in such manner as he or she determines is appropriate to promote hearing fairness and efficiency. 2. Oath or Affirmation. All testimony before the Hearing Examiner shall be given under oath or affirmation to tell the truth. Either the Hearing Examiner or the Clerk to the Hearing Examiner shall administer the oath or affirmation. 3. Format. Hearings are less formal than court proceedings, yet designed to present relevant exhibits and testimony to the Hearing Examiner and allow the orderly development of a record. At the Hearing Examiner's discretion, hearings may be conducted in-person, remotely, telephonically, or in such other manner as allowed or required by law;provided that any format shall allow fair participation, testimony, and presentation of evidence by all parties and, as may be required by law, the public. The Hearing Examiner may impose reasonable limitations on the number of witnesses heard, and on the nature and length of their testimony subject to any requirements for allowance of testimony pursuant to federal, state, or local law. In appeals, cross- examination is permitted as necessary for a full disclosure of the facts, but consistent with fairness and due process. The Hearing Examiner shall control the amount and 2 Exhibit 1 to Ordinance 22-012 style of cross-examination in the interest of conducting an orderly and timely hearing. The Hearing Examiner may remove or cause the removal of any person who is being disruptive to the proceedings, or continue the proceedings if order cannot be maintained. The Hearing Examiner shall first issue a warning if practicable. 4. Site Inspections. The Hearing Examiner may make site inspections pursuant to SVMC 17.80.120(F). 5. Record of Hearing. a. Hearing Examiner hearings are independent hearings before a neutral third-party that is not party to the application or appeal at issue. The Hearing Examiner shall establish and maintain a record of all proceedings and hearings, including creating and maintaining an electronic recording capable of being accurately transcribed and reproduced. Copies of the record,including the electronic recording,of a particular proceeding shall be made available to the public within three business days of a request. The cost of copying shall be paid by the requester. Any request for the record of hearing pursuant to this subsection shall not be considered as being made pursuant to chapter 42.56 RCW, the Public Records Act, unless otherwise specifically stated by the requester. b. Copies of any materials in the record may be obtained by any interested person, who shall be responsible for paying the cost of reproducing such material. c. The Hearing Examiner may authorize a party to have a hearing reported by a court reporter and have stenographic transcription made at the parry's expense. The Hearing Examiner may also cause a hearing to be reported by a court reporter and transcribed. d. The Hearing Examiner shall be custodian of the hearing record and shall maintain such record until the period for appeal of the Hearing Examiner's final decision has expired or the record is transmitted to a court or the City Council pursuant to an appeal of the Hearing Examiner's final decision. After the appeal period has expired, the hearing record shall be transferred to the City. 6. Service of Documents. Except for an original filing of an appeal or as otherwise directed by the Hearing Examiner, service or filing of any required document may be by e-mail, or e-mail in conjunction with other electronic transmission subject to any time limits established herein, by Hearing Examiner order, by SVMC, or state law. Absent any otherwise established deadline, documents served shall be received on or before 4:00 P.M. on the final day of the applicable time period in order to be considered timely filed. 7. Reopening or Continuing Hearings. a. Hearing Examiner. The Hearing Examiner may reopen or continue a hearing to take additional testimony or evidence, or for other cause in the interest of efficiency and fairness, provided a final decision has not been entered. If the Hearing Examiner announces the time and place of a continued hearing on the record before 3 Exhibit 1 to Ordinance 22-012 the hearing is closed,no further notice is required. If the hearing is reopened after the close of the hearing, all parties must be given at least five business days' notice of the date,time,place, and nature of the reopened hearing. The Hearing Examiner may reopen the record in such form and manner as deemed appropriate in the interest of efficiency and fairness in order to provide all applicable parties an opportunity to provide such additional testimony or evidence as identified by the Hearing Examiner. b. At the Request of a Party. Any party may make a motion or request for continuance or reopening of a hearing. Motions or requests shall state the basis for the continuance and be made as soon as reasonably possible. Motions and requests shall be made in writing unless made at the hearing. The Hearing Examiner shall have discretion to grant or deny the request for continuance. Any party requesting a continuance should confer with the other parties to select a mutually agreeable date to reopen or continue the hearing, if possible. c. If the decision of the Hearing Examiner rests upon issues of fact or law not raised by any party at time of hearing, the Hearing Examiner shall have discretion to continue and/or reopen the hearing or record to a later date to allow the parties an opportunity to comment and/or present evidence on those issues of fact or law identified by the Hearing Examiner. d. Continuances. Continuances granted by the Hearing Examiner shall be for a period determined by the Hearing Examiner in his or her discretion. E. Authority and Duties of the Hearing Examiner. 1. Authority. The Hearing Examiner shall have all of the authority and duties set forth in RCW 35A.63.170, RCW 36.70B.120, chapter 35.80 RCW, chapter 58.17 RCW, chapter 17.80 SVMC, chapter 17.90 SVMC, chapter 17.105 SVMC, and chapter 18.20 SVMC. 2. Interference. The Hearing Examiner shall not be subject to the supervision or direction of any elected official, officer, employee, or agent of any municipal department in the performance of his/her adjudicative or appellate functions. F. Representation at Hearings or Meetings. 1. Although representation by legal counsel is not required at the hearings, any party participating in the hearings may be represented at the hearings by legal counsel of their choice and solely at their cost. 2. At the request of any department or the Hearing Examiner, a representative of the City Attorney's office may be present at the hearings or meetings to advise on matters of law and procedure. 3. Attorneys engaged in the representation of clients before the Hearing Examiner shall conduct themselves pursuant to applicable Rules of Professional Conduct, including the display of courtesy to other members of the bar, witnesses, and all other persons present in the hearing room. 4 Exhibit 1 to Ordinance 22-012 4. Parties may be represented by any representative of their choosing. Any cost for the representative shall solely be at their cost. G. Conflicts. These rules of procedure are adopted to supplement the requirements in the SVMC, RCW 35A.63.170, RCW 36.70B.120, and chapters 35.80 and 58.17 RCW. Any conflicts between these rules and the provisions of the SVMC or RCW will be decided consistent with the applicable SVMC or RCW provision. Chapter II: Hearings on Permit Applications This chapter applies to all hearings other than appeals, including but not limited to open record hearings on land use permit applications. Sections: A. Participation by Parties and Public. B. Scheduling and Notice of Hearings. C. Conduct of Hearings. D. Withdrawal of Application. E. Dismissal of Application. F. Recommendations/Decisions. G. Reconsideration. A. Participation by Parties and Public. 1. City Participation. The City shall be provided notice and the opportunity to present evidence and testimony, object, cross-examine and make motions, arguments, recommendations, and all other actions essential to a fair hearing. 2. Applicant Participation. The Applicant shall be provided notice and the opportunity to present evidence and testimony, object, cross-examine, and make motions, arguments, recommendations, and all other actions essential to a fair hearing. 3. Testifying public. Each member of the public who wishes to testify shall be provided the opportunity to present evidence and testimony at hearings and such other matters at the discretion of the Hearing Examiner. The Hearing Examiner may impose reasonable limitations on the number of witnesses heard and the nature and length of their testimony. 4. Responsibilities of City. The City shall prepare a staff report on the application in the form and manner as identified in subsection II(C) below. Staff reports shall be available to the public at least seven days before the hearing. 5 Exhibit 1 to Ordinance 22-012 5. Responsibilities of Applicant. The Applicant shall provide the Hearing Examiner any material that Applicant wishes to present or intends to rely upon at the hearing at least two days prior to the hearing. The intent of this rule and subsection II(A)(4)above is to ensure that all documents and arguments to be relied upon by any of the principal parties in an open record hearing before the Hearing Examiner are available for review by all other parties prior to the open record hearing,thus avoiding"surprise" at the hearing and facilitating efficiency. These rules will be interpreted by the Hearing Examiner to facilitate that purpose in conformance with applicable legal requirements for open record hearings. 6. Responsibilities of All Parties, Witnesses, and Observers. Parties, witnesses, or observers shall conduct themselves with civility and deal courteously with all involved in the proceedings. Failure to do so may result in removal from the hearing at the discretion of the Hearing Examiner. Testimony shall be directed to the Hearing Examiner on the application at issue and not at other parties. Hearings are limited to consideration of the issue before the Hearing Examiner, and are not public forums for general public comment. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference, at the Hearing Examiner's discretion. The Hearing Examiner may require that the original of a document be produced. True and correct copies shall also be given to the City, the Hearing Examiner, and any other party in attendance at the hearing. B. Scheduling and Notice of Hearings. 1. The City, in coordination with the Hearing Examiner, shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply with all time limits pursuant to RCW 36.70B.110 and other relevant RCW or SVMC requirement. 2. There may be more than one case scheduled to commence at the same time, and in such an event the Hearing Examiner shall have discretion in setting the agenda. When practical, minor applications, such as a variance or matters that take less time, shall be heard at the beginning of the day's agenda. 3. The Hearing Examiner may consolidate applications involving the same or related properties for hearing. 4. Notice of Hearing—Effect of Notice. a. Each public notice required for a hearing of an application shall conform to the applicable statutory and SVMC requirements. The notice shall contain a statement that the hearing will be conducted in the manner set forth in SVMC Appendix B. b. Failure of a person entitled to receive notice to actually receive notice does not affect the jurisdiction of the Hearing Examiner to hear the application when scheduled and render a decision, if the notice was properly published, mailed, and/or posted as required by law. 6 Exhibit 1 to Ordinance 22-012 c. A person is deemed to have received notice if the person appears at the hearing, submits written comments on the merits of the application, or the person fails to object to the lack of notice promptly after the person obtains actual knowledge of the hearing date. d. If legally required notice is not given and actual notice is not received,the Hearing Examiner may reschedule the hearing or keep the record open on the matter to receive additional evidence. C. Conduct of Hearings. 1. Content of the Record. The record of a hearing conducted by the Hearing Examiner shall include, but not be limited to, the following materials: a. The application; b. The departmental staff report(s); c. The departmental file for the application, if incorporated into the record by the Hearing Examiner; d. All evidence received or considered by the Hearing Examiner, which shall include oral testimony given at the hearing, all exhibits, and other materials submitted; e. A statement of all matters officially noticed by the Hearing Examiner; f. A decision or a recommended decision containing the findings and conclusions of the Hearing Examiner; g. Electronic recordings of the hearing and proceedings by the Hearing Examiner; h. An environmental determination made pursuant to the State Environmental Policy Act(SEPA), if applicable; and i. An affidavit attesting to the notice given of the hearing (including dates and places of publication and list of addresses). 2. Hearing format. A hearing generally includes, but is not limited to, the following elements: a. A brief introductory statement of the matter and overview of the hearing process by the Hearing Examiner; b. A report by the City including introduction of the official file on the application and its procedural history, an explanation of the application, including the use of visual aids, and the recommendation of the City on the application; c. The submittal of testimony and documents by the Applicant; d. Testimony by the public on the matter; e. Rebuttal of testimony, if applicable; f. Closing arguments; g. An opportunity for questions by the Hearing Examiner; and h. Closure of hearing and record. 3. Content and Form of Staff Reports. The City shall coordinate and assemble the comments and recommendations of necessary City departments and commenting agencies, and shall make a written staff report to the Hearing Examiner on all applications. The staff report shall be distributed to the Hearing Examiner, the Applicant, and be made available to the public at least seven calendar days prior to the date of the scheduled public hearing. If the staff report is not timely furnished, the Hearing Examiner may at his or her discretion continue the hearing, considering the 7 Exhibit 1 to Ordinance 22-012 prejudice to any party and the circumstances of the case. The staff report shall include the following, if relevant to the application: a. A list of the names and addresses of the owner(s) and Applicant(s) of the subject property and his/her property interest in the property that is the subject of the hearing. b. A brief summary of the requested action and the citation of the SVMC controlling the request. c. A common description of the subject property and a legal description of the subject property. d. A statement identifying applicable SVMC provisions. e. A technical data summary of the Comprehensive Plan designation and zoning designation of the subject property;the current development of the subject property and the adjoining properties; topographical information; geological and soils information; information on the vegetation on the property; and any other relevant scientific, environmental, or engineering information that is reasonably likely to assist the Hearing Examiner in deciding the matter. f. The current access to the subject property from a public right-of-way, and the proposed access to the subject property if different. g. An in-depth analysis of the proposed project under the relevant and applicable criteria. h. A history of the requested action and a history of the development of the surrounding properties. In making the analysis, City staff shall refer to applicable SVMC provisions as often as possible. i. A summary of any other requested land use permits on the property and in the area. j. A description of the compatibility and impact of the proposal on the existing development in the immediate vicinity to the proposed project, and the probable character of the proposed project. k. A summary of the reports or recommendations of any other agencies consulted. 1. Appropriate maps of the subject property. If photographs of the site are available, the Applicant is encouraged to provide color reproductions that shall become part of the staff report. m. The determination of any SEPA analysis or other environmental review. n. Staff conclusions and recommendations, based upon applicable RCW and SVMC approval criteria. The Hearing Examiner may make recommendations to the City on the format and content of staff reports submitted to the Hearing Examiner. 4. Evidence. a. Burden of Proof. The Applicant shall have the burden of proof to show an application meets applicable federal, state, and local laws for approval requirements. b. Admissibility. The hearing generally will not be conducted in strict adherence to Rules of Evidence, but evidentiary rules may be used for guidance. Any relevant information and material shall be admitted if it possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The Hearing Examiner may exclude all evidence that is irrelevant, immaterial, or unduly repetitious. The rules of privilege shall be effective to the extent recognized 8 Exhibit 1 to Ordinance 22-012 by law. The Hearing Examiner shall have discretion on the admissibility of all evidence. The Hearing Examiner shall give such weight to the evidence submitted as he or she deems appropriate and as may be required by law. c. Copies. Documentary evidence may be received in the form of copies, excerpts, or incorporation by reference at the Hearing Examiner's discretion. The Hearing Examiner may require an original and it shall be provided to the Hearing Examiner. Parties shall provide copies of all evidence submitted to the Hearing Examiner to all other parties. Upon request, parties shall be given an opportunity to compare the copy with the original. d. Judicial Notice. The Hearing Examiner may take judicial notice of judicially cognizable facts;federal,state,and local laws,ordinances, or regulations,the City's Comprehensive Plan and other adopted plans or policies of the City; and may take notice of general, technical, or scientific facts within his or her specialized knowledge, so long as any noticed facts are included in the record and referenced or are apparent in the Hearing Examiner's final decision. The Hearing Examiner shall not take notice of disputed adjudicative facts that are at the center of a particular proceeding. e. The Hearing Examiner may occasionally request material to be filed after the close of testimony. Only those items referred to at the hearing and specifically requested by the Hearing Examiner may be submitted in this manner. Nothing in this subsection allows any ex parte submission of any document or communication to the Hearing Examiner. All parties shall have the opportunity to address, respond, and/or provide responsive documents as may be allowed by the Hearing Examiner. f. The Hearing Examiner may call witnesses and request written evidence in order to obtain the information necessary to make a decision. The Hearing Examiner may also request written information from or the appearance of a representative from any City department necessary to make a decision. g. Additional evidence may only be submitted upon a request for reconsideration based on the discovery of new evidence which could not reasonably be available at the time of the hearing. If additional evidence is submitted with a request for reconsideration, it will only be considered upon a showing of significant relevance and good cause for delay in its submission. All parties shall be given notice of the consideration of such evidence and granted an opportunity to review such evidence and file rebuttal arguments. h. All parties shall be allowed an opportunity to make a record of evidence admitted or denied during the course of the hearing. This record shall include offers of proof. D. Withdrawal of Application. If a withdrawal request by the applicant is made to the Hearing Examiner before the Hearing Examiner issues a final decision, the Hearing Examiner shall dismiss the application. If so dismissed, then a new application may be submitted by the Applicant and appropriate fees paid therefor as if the withdrawn application had never been submitted. 9 Exhibit 1 to Ordinance 22-012 E. Dismissal based on Changed Application or Failure to Participate. 1. The Hearing Examiner shall conduct the public hearing based on the completed application and applicable federal state, and local laws. If the Hearing Examiner determines that the application or proposal has been substantially changed since it was deemed complete, the Hearing Examiner shall dismiss the application without prejudice and direct that a new application be submitted by the Applicant and appropriate fees paid therefor. If the Hearing Examiner determines that the application or proposal has been changed but not substantially,the Hearing Examiner may continue the hearing to give reviewing agencies an opportunity to review the changes made and make recommendations deemed to be necessary under applicable rules and regulations. 2. The Hearing Examiner may dismiss an application for failure by the applicant to attend required hearings or provide requested information. F. Recommendations/Decisions. 1. Written Decisions. The Hearing Examiner shall prepare and issue a written report of findings, conclusions, and decision and forwarded to all parties within the time period necessary to comply with applicable permit review time periods set forth in RCW 36.70B.080 and SVMC 17.80.130,unless a longer time period is mutually agreed to in writing by the Applicant, City, and the Hearing Examiner. Generally, final decisions shall be made within 20 calendar days following the conclusion of all testimony and hearings. Notice of the decision shall be provided pursuant to SVMC 17.80.130(E) and RCW 36.70B.130. 3. Content of Recommendation/Decision. a. The Hearing Examiner's recommendation or decision; b. Any conditions included as part of the decision or recommendation; c. Findings of fact upon which the decision or recommendation, including any conditions, was based. The findings shall be based exclusively on the evidence presented in the hearing and those matters officially noticed. A statement of any threshold determination made upon chapter 43.21 RCW shall be included; d. Conclusions, which shall include a resolution of all the issue(s) based upon the findings. The conclusions may reference legal criteria, if applicable, and shall set forth the manner in which the decision is consistent and/or would carry out the Comprehensive Plan and the SVMC, and include the contents set forth in SVMC 17.80.130(D). If the SVMC so provides,the conclusions may refer to the effect of both approval and denial on property in the vicinity, on businesses,if relevant, and on the general public; and e. The date of the decision and time period for appeal, if any is allowed. G. Reconsideration. 1. Any aggrieved party may file a written petition for reconsideration with the Hearing Examiner within 10 calendar days following the date of the Hearing Examiner's written decision. The date shall be the date from which appeal deadlines are calculated. The petitioner seeking reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties on the date of filing. The timely filing of a petition for 10 Exhibit 1 to Ordinance 22-012 reconsideration shall stay the Hearing Examiner's decision until such time as the petition has been disposed of in writing by the Hearing Examiner. For purposes of appeals, all appeal periods shall be reset to the date of the Hearing Examiner's decision on the petition for reconsideration. 2. The grounds for seeking reconsideration shall be limited to the following: a. The Hearing Examiner exceeded the Hearing Examiner's jurisdiction; b. The Hearing Examiner failed to follow the applicable procedure in reaching the Hearing Examiner's decision; c. The Hearing Examiner committed an error of law; d. The Hearing Examiner's findings, conclusions, and/or conditions are not supported by the record; or e. New evidence which could not reasonably have been produced and which is material to the decision is discovered. 3. The petition for reconsideration shall: a. Contain the name,mailing address,and daytime telephone number of the petitioner, or the petitioner's representative, together with the signature of the petitioner or of the petitioner's representative; b. Identify the specific findings, conclusions, actions, and/or conditions for which reconsideration is requested; c. State the specific grounds upon which relief is requested; d. Describe the specific relief requested; and e. Where applicable, identify the specific nature of any newly discovered evidence or changes proposed and its relevance to the issues before the Hearing Examiner. 4. The petition for reconsideration shall be decided by the same Hearing Examiner who rendered the decision, if reasonably available. The Hearing Examiner shall provide notice of the decision on reconsideration to all parties. Within 14 calendar days of receipt of the petition for reconsideration, the Hearing Examiner shall: a. Deny the petition in writing; b. Grant the petition and issue an amended decision pursuant to SVMC 17.80.130 following reconsideration; c. Accept the petition and give notice to all parties of record of the opportunity to submit additional written comment. Parties shall have 10 calendar days from the date of such notice in which to submit written comments. The hearing examiner shall either issue a decision pursuant to SVMC 17.80.130, or issue an order within 15 calendar days after the close of the comment period setting the matter for further hearing. If further hearing is ordered, the Hearing Examiner's office shall mail notice not less than 15 calendar days prior to the hearing date to all parties; or d. Accept the petition and set the matter for further open record hearing to consider new evidence, proposed changes in the application and/or the arguments of the parties. Notice of such further hearing shall be mailed by the Hearing Examiner's office not less than 15 calendar days prior to the hearing date to all parties of record. The Hearing Examiner shall issue a decision following the further hearing pursuant to SVMC 17.80.130. 5. A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration; provided, that a decision which has been revised on 11 Exhibit 1 to Ordinance 22-012 reconsideration from any form of denial to any form of approval with preconditions and/or conditions may be subject to further reconsideration. 6. The Hearing Examiner may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. 7. Clerical mistakes and errors arising from oversight or omission in Hearing Examiner decisions may be corrected by the Hearing Examiner at any time either on the Hearing Examiner's initiative or on the motion of a party. A copy of each page affected by the correction,with the correction clearly identified, shall be mailed to all parties of record. This shall not extend the appeal period from the decision. 12 Exhibit 1 to Ordinance 22-012 Chapter III: Rules of Appeal of Administrative Decisions This chapter applies to appeals of administrative decisions that approve, deny, or condition a land use permit application or that are otherwise designated by SVMC as appealable to the Hearing Examiner, including SVMC 17.90.010. Sections: A. Filing. B. Notice of Hearing. C. Dismissal. D. Prehearing Orders. E. Party's Representative Required. F. Withdrawal. G. Participation by Parties. H. Default. I. Conduct of Appeal Hearings. J. Hearing Examiner's Decision. A. Filing. 1. Compliance with Rules. All appeals shall comply with these rules and with the requirements established in the applicable federal, state, or local law under which the appeal is filed. 2. Timeliness. A complete appeal shall be filed within 14 calendar days of the issuance of the decision being challenged unless another appeal period is stated in RCW or SVMC, in which case that appeal period shall control. To be considered timely, the appeal shall be filed no later than 4:00 P.M. on the day the appeal period expires. The complete appeal shall be filed in writing with the Building Official or designee unless SVMC specifically states otherwise. 3. Fee. Any filing fee required by the then-current Master Fee Schedule shall accompany an appeal at the time of filing. 4. Contents. A complete appeal shall be in writing and contain at least the following: a. A brief statement as to how the Appellant is significantly affected by or interested in the matter appealed; b. A brief statement of the Appellant's issues on appeal, noting appellant's specific exceptions and objections to the decision or action being appealed; c. The specific relief requested, such as reversal or modification; d. Signature, address, and phone number of the Appellant, and name and address of Appellant's designated representative, if any; e. Full filing fee; and f. Any other information required pursuant to SVMC 17.90.040 or other applicable RCW or SVMC requirements. Any appeal issue not identified or raised in the appeal shall be considered untimely and shall be deemed waived. 13 Exhibit 1 to Ordinance 22-012 5. Appeal Hearing Date. All complete appeals submitted and allowed pursuant to the SVMC shall be scheduled for hearing within 90 calendar days from the date of submission. Further extensions are permitted upon mutual agreement of the appellant, the applicant, and the City or by motion of a party. 6. Frequency. Hearings will be scheduled through City staff in coordination with the Hearing Examiner. There may be more than one case scheduled to commence at the same time, and in such an event the Hearing Examiner shall have discretion in setting the agenda. 7. Appeal arguments. In order to promote efficiency, the parties shall submit written arguments prior to any hearing. Unless otherwise provided by the Hearing Examiner, written arguments shall be submitted as follows: a. Appellant shall submit a brief or material in support of the appeal at least 21 calendar days before the date set for hearing. Appellant's brief or material shall expand upon the issues raised in the appeal application and explicitly set forth alleged errors of law, fact, or procedure, or the discovery of new facts that were not reasonably available at the time the City's decision or action. It shall also include all evidence to be relied upon by the Appellant in support of its appeal. Evidence to be presented at the hearing shall be identified in the submitted material. b. The City shall submit a response brief or material, including, as may be necessary, a staff report, at least seven calendar days prior to the hearing. The City's response shall identify the basis for the decision or issue being appealed. It shall include all evidence to be relied upon by the City in support of its response. Evidence to be presented at the hearing shall be identified in the response. The City may prepare a staff report in accordance with SVMC 17.90.060 or as applicable 17.105.070. Any staff report shall be in the form and contain the information identified in Ch. II(C)(3) above. c. The Hearing Examiner may allow reply briefs or material or otherwise modify the schedule for submission of arguments as necessary for hearing efficiency or in the interest of fairness. d. Briefs or written material shall not exceed 15 pages in length, double-spaced with 12 or 14 point type size, excluding declarations and evidence. The Hearing Examiner may, in the Hearing Examiner's discretion, waive or modify these page limits at the request of either of the parties (or a party of record in the event of a SEPA appeal)to accommodate complex legal and factual issues. e. Briefs shall be limited to the specific issues set forth in the Appellant's statement of appeal except that jurisdictional and other procedural type challenges may be raised in the City's response brief. 7. Motions. A party to the proceeding may present a motion to the Hearing Examiner. All motions shall be presented in writing and clearly noted as a motion. Motions may 14 Exhibit 1 to Ordinance 22-012 be decided without a hearing at the Hearing Examiner's discretion,or may be presented at a scheduled hearing, as set forth in a prehearing order, or by filing with the Clerk to the Hearing Examiner and serving the motion on the other parties at least five business days prior to the scheduled hearing date unless leave to shorten time is granted by the Hearing Examiner. Notice of the motion and a copy of it shall be given to all other parties of record on the day it is filed. Motions and responses to motions shall not exceed 10 double-spaced pages with 12 or 14 point type size in length without prior approval of the Hearing Examiner. 8. Proposed Findings and Conclusions. The Hearing Examiner may request proposed findings and conclusions from either party. 9. Service of Documents. Except for an original filing of an appeal, e-mail and any other method agreed to in writing by the parties is allowed for service and filing of all documents subject to any time limits established herein or by SVMC, WAC, or RCW. Absent any otherwise established deadline, documents served by e-mail shall be received on or before 4:00 P.M. on the final day of the applicable time period in order to be considered timely filed. B. Notice of Hearing. 1. Contents. Notice of the appeal hearing shall be mailed and emailed(if available)to the Appellant and the applicant, if different than the Appellant, and shall conform to the applicable provisions of the SVMC. 2. Time. Notice of the hearing shall be given within the time required by SVMC. If the time for notice of hearing is not specified by the SVMC, minimum notice shall be at least 35 calendar days before the date required for Appellant's appeal brief. 3. Responsibility. The City shall be responsible for serving notice of hearing for appeals to all parties of record. If the notice of hearing is not timely provided, the Hearing Examiner may reschedule the hearing. 4. Record of Notice. A copy of the notice of hearing shall be made part of each case record. C. Dismissal. 1. An appeal may be dismissed without a hearing if the Hearing Examiner determines that it fails to state a claim for which the Hearing Examiner has jurisdiction to grant relief, or it is without merit on its face, frivolous, or brought merely for the purpose of delay. 2. Any party may request dismissal of all or part of an appeal at any time with notice to all parties. The Hearing Examiner may make a ruling on a motion to dismiss based upon written arguments or may call for oral arguments to supplement the written arguments. 3. When the decision or action being appealed is withdrawn by the issuing department, the appeal becomes moot and shall be dismissed. 15 Exhibit 1 to Ordinance 22-012 D. Prehearing Orders. 1. At the Hearing Examiner's discretion, or at the request of a party having standing, a prehearing order may be issued to: a. Identify, clarify, and simplify the issues; b. Decide prehearing motions; c. Establish a schedule for the hearing process, including orders for the exchange of briefs relating to the appeal; and d. Address other matters determined by the Hearing Examiner to be appropriate for the orderly and expeditious disposition of the proceedings. 2. The prehearing order may be circulated via e-mail or other means agreed by the parties. 3. Prehearing orders may not be appealed. 4. At the Hearing Examiner's discretion, or at the request of a party with standing, a prehearing conference may be held to facilitate the issuance of the prehearing order. Holding a prehearing conference is not required for the issuance of a prehearing order. a. All parties shall receive notice of the prehearing conference. b. The prehearing conference may take place via telephone or videoconference equipment. c. All parties of record have the right to be represented at any prehearing conference, but such representation is not required. E. Party's Representative Required. When a party consists of more than one individual, or is a group, organization, corporation, or other entity, the party shall designate an individual to be its representative and inform the Hearing Examiner of the name,address,and telephone number of that designated representative. The rights of the Appellant shall be exercised by the person designated as the party representative. Notice or other communication to the party representative is considered to be notice or communication to the party. F. Withdrawal. 1. Only an Appellant may withdraw an appeal. 2. Where an appeal is made by several persons, a group, organization, corporation, or other entity, withdrawal may only be made by the person designated as the party representative. 3. An Appellant's request to withdraw shall be granted as a matter of right and the appeal dismissed. G. Participation by Parties. 1. A party may designate a representative,which may be an attorney. That representative shall be the sole person to act on behalf of a party for all purposes of the appeal. 16 Exhibit 1 to Ordinance 22-012 2. All parties and other participating in and observing hearings shall conduct themselves with civility and deal courteously with all persons involved in the proceedings. Testimony shall be directed to the Hearing Examiner on the application at issue and not at other parties. Appeal hearings are limited to consideration of the issues on appeal, and are not public forums for general public comment. 3. Rights of Appellant. Every Appellant shall have the right to notice, present evidence and testimony, cross-examination, objection, and make motions, arguments, recommendations, and all other rights essential to a fair hearing. 4. Rights of City. The City shall have the right to notice,present evidence and testimony, cross-examination, objection, and make motions,arguments,recommendations, and all other rights essential to a fair hearing. 5. Rights of Applicant and/or Parties of Record (land use appeals or as otherwise specifically allowed by SVMC). The Applicant and every party of record shall have the right to present evidence and testimony at hearings. The opportunity for such persons to cross-examine, object, submit motions, and arguments shall be at the discretion of the Hearing Examiner. 6. Responsibilities of Applicant(if different from Appellant). The Applicant shall provide the Clerk to the Hearing Examiner any material that the Applicant wishes to present or intends to rely upon at the hearing at least seven calendar days prior to the hearing unless otherwise provided herein or by separate order of the Hearing Examiner. The intent of this rule and Ch. III(A)(6) above is to ensure that all documents and arguments to be relied upon by any of the principal parties in an open record appeal hearing before the Hearing Examiner are available for review by all other principal parties prior to the open record hearing, thus preventing "surprise" at the hearing and facilitating efficiency and fairness. These rules will be interpreted by the Hearing Examiner to facilitate that purpose. Requirements of this section may be modified through the prehearing order process. 7. The Hearing Examiner may impose reasonable limitations on the number of witnesses, and on the nature and length of their testimony. Cross-examination is permitted as necessary for a full disclosure of the facts,but consistent with fairness and due process. The Hearing Examiner shall control the amount and style of cross-examination. The Hearing Examiner may remove or cause the removal of any person who is being disruptive to the proceedings, or continue the proceedings if order cannot be maintained. The Hearing Examiner shall first issue a warning if practicable. 8. Judicial Notice. The Hearing Examiner may take judicial notice of judicially cognizable facts; federal, state, and local laws, ordinances, or regulations, the City's Comprehensive Plan and other adopted plans or policies of the City; and may take notice of general, technical, or scientific facts within his or her specialized knowledge, so long as any noticed facts are included in the record and referenced or are apparent in the Hearing Examiner's final decision. The Hearing Examiner shall not take notice of disputed adjudicative facts that are at the center of a particular proceeding. 17 Exhibit 1 to Ordinance 22-012 9. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference, at the Hearing Examiner's discretion. The Hearing Examiner may require that the original of a document be produced. True and correct copies shall also be given to the City, the Hearing Examiner, and any other party in attendance at the hearing. 10. Admissibility. The hearing generally will not be conducted in strict adherence to Rules of Evidence, but evidentiary rules but may be used for guidance. Any relevant information and material shall be admitted if it possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The Hearing Examiner may exclude all evidence that is irrelevant,immaterial, or unduly repetitious. The rules of privilege shall be effective to the extent recognized by law. The Hearing Examiner shall have discretion on the admissibility of all evidence. The Hearing Examiner shall accord such weight to the evidence submitted as he or she deems appropriate and as may be required by law. H. Default. The Hearing Examiner may dismiss an appeal by an order of default where the Appellant,without good cause,fails to appear or is unprepared to proceed at a scheduled and properly noticed hearing. I. Conduct of Appeal Hearings. 1. Appeal hearings, although generally informal in nature, shall have a structured format and be conducted in a manner determined appropriate by the Hearing Examiner to make the relevant evidence most readily and efficiently available to the Hearing Examiner and to provide the parties a fair opportunity for hearing. 2. The order of an appeal hearing will generally be as follows: a. Hearing Examiner's introductory statement; b. Background presentation by City (if appeal of land use application); c. Appellant's witnesses, evidence, and argument; d. Parties of Record (as allowed by SVMC); e. City witnesses, evidence, and argument; f. Applicant's presentation (if not Appellant); g. Rebuttal witnesses; and h. Closing argument of parties. 3. Notwithstanding any contrary provisions of the SVMC, the order of hearing may be modified or a different order established as the Hearing Examiner deems necessary for a clear, efficient, and fair presentation. The order of the hearing may also be modified as agreed upon by the parties, with the Hearing Examiner's approval. 4. The order of presentation at hearing shall not alter or shift any burden(s) or presumption(s) established by applicable law(s). 5. Testimony shall be given under oath or affirmation. 18 Exhibit 1 to Ordinance 22-012 6. Burden of Proof. a. For appeals of permit applications,unless otherwise provided by law, (i)the original administrative decision is presumptively correct, and (ii) Appellant shall have the burden of proof to show that the original administrative decision was issued in error of law or that the findings, conclusions, or decision are not supported by substantial evidence. b. For appeals of threshold determinations under SEPA and chapter 21.20 SVMC, unless otherwise provided by law, (i) the original administrative decision is presumptively correct, (ii)Appellant shall have the burden of proof, and(iii)must show that the original administrative decision was clearly erroneous. c. For appeals of any enforcement decision, unless otherwise provided by law, (i) the determination by City staff issuing the determination shall be accorded substantial weight, and (ii) Appellant shall have the burden of proof to show that the original administrative decision was issued in error of law or that the findings, conclusions, or decision are not supported by substantial evidence. 7. Content of the Record: The record of an appeal shall include, but is not limited to: a. The application for appeal; b. Departmental staff reports (if applicable); c. The briefs and materials submitted by the Parties; d. The applicable department file, if incorporated into the record by the Hearing Examiner; e. An environmental determination made pursuant to SEPA (if applicable); f. Affidavits of notice for the hearing; g. All evidence received or considered by the Hearing Examiner. Such evidence includes oral testimony given at the hearing, all exhibits, and other materials admitted as evidence including any briefs allowed by the Hearing Examiner; h. A statement of all matters officially noticed; i. A decision or a recommended decision containing the findings and conclusions of the Hearing Examiner; and j. Recordings made on electronic equipment. The Hearing Examiner may authorize a party to have the proceedings reported by a court reporter and have a stenographic transcription made at the party's expense. The Hearing Examiner may also cause the proceedings to be reported by a court reporter and transcribed. The Hearing Examiner shall have custody of the record of appeal and shall maintain such record until the period for appeal of the Hearing Examiner's final decision has expired or the record is transmitted to court or the City Council pursuant to an appeal of the Hearing Examiner's final decision. Once no longer needed for any subsequent appeals, the record of appeal shall be transferred to the City and kept by the City in compliance with applicable record retention requirements. J. Hearing Examiner's Decision. 19 Exhibit 1 to Ordinance 22-012 1. The Hearing Examiner's appeal decision shall be in writing, be based on the whole record, and include, but not be limited to,the following: a. Background. The nature and background of the proceeding, including identification of party representatives participating in the hearing, prehearing determinations, and other similar information. b. Findings. The facts that the Hearing Examiner finds relevant, credible, and requisite to the decision, based on the record of the proceedings. c. Conclusions. Legal and factual conclusions based upon specific provisions of law and the findings of fact. d. Decision. The outcome of the appeal (affirm/uphold, modify, or deny/reverse). 2. Procedure for Reconsideration. a. Any party of record may file a written petition for reconsideration with the Hearing Examiner within 10 calendar days following the date of the Hearing Examiner's written decision. The petitioner seeking reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties of record on the date of filing. The timely filing of a petition for reconsideration shall stay the Hearing Examiner's decision until such time as the petition has been disposed of in writing by the Hearing Examiner. b. The grounds for seeking reconsideration shall be limited to the following: i. The Hearing Examiner exceeded the Hearing Examiner's jurisdiction; ii. The Hearing Examiner failed to follow the applicable procedure in reaching the Hearing Examiner's decision; iii. The Hearing Examiner committed an error of law; iv. The Hearing Examiner's findings, conclusions, and/or conditions are not supported by the record; or v. New evidence which could not reasonably have been produced and which is material to the decision is discovered. c. The petition for reconsideration shall: i. Contain the name, mailing address, and telephone number of the petitioner, or the petitioner's representative,together with the signature of the petitioner or of the petitioner's representative; ii. Identify the specific findings, conclusions, actions, and/or conditions for which reconsideration is requested; iii. State the specific grounds upon which relief is requested; iv. Describe the specific relief requested; and v. Where applicable,identify the specific nature of any newly discovered evidence and its relevance to the issues before the Hearing Examiner. d. The petition for reconsideration shall be decided by the same Hearing Examiner who rendered the decision, if reasonably available. The Hearing Examiner shall provide notice of the decision on reconsideration pursuant to SVMC 17.90.050 and 17.90.060. Within 14 calendar days, the Hearing Examiner shall: 20 Exhibit 1 to Ordinance 22-012 i. Deny the petition in writing; ii. Grant the petition and issue an amended decision pursuant to SVMC 17.90.060 following reconsideration; iii. Accept the petition and give notice to all parties of record of the opportunity to submit additional written comment. Parties of record shall have 10 calendar days from the date of such notice in which to submit written comments. The hearing examiner shall either issue a decision pursuant to SVMC 17.90.060, or issue an order within 15 calendar days after the close of the comment period setting the matter for further hearing. If further hearing is ordered, the Hearing Examiner's office shall mail notice not less than 15 calendar days prior to the hearing date to all parties of record; or iv. Accept the petition and set the matter for further open record hearing to consider new evidence,proposed changes in the application and/or the arguments of the parties. Notice of such further hearing shall be mailed by the Hearing Examiner's office not less than 15 calendar days prior to the hearing date to all parties of record. The Hearing Examiner shall issue a decision following the further hearing pursuant to SVMC 17.90.060. e. A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration; provided, that a decision which has been revised on reconsideration from any form of denial to any form of approval with preconditions and/or conditions may be subject to further reconsideration. f. The Hearing Examiner may consolidate, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. g. Clerical mistakes and errors arising from oversight or omission in Hearing Examiner decisions may be corrected by the Hearing Examiner at any time either on the Hearing Examiner's initiative or on the motion of a party of record. A copy of each page affected by the correction, with the correction clearly identified, shall be mailed to all parties of record. This shall not extend the appeal period from the decision. 21 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28,2022 Department Director Approval: Check all that apply: ❑consent ❑old business ®new business ❑public hearing ❑information ❑admin.Repot-till pending legislation ❑executive session AGENDA ITEM TITLE: Proposed Resolution 22-013 setting public hearing for Street Vacation 2022- 0002. GOVERNING LEGISLATION: Chapter 22.140 Spokane Valley Municipal Code; RCW 35A.47.020 and chapter 35.79 RCW. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: Cameo Lofts, LLC,has requested the vacation of a 20' wide irregularly shaped alley that intersects the northside of Appleway Avenue. The area of right-of-way is unimproved and approximately 1,610 square feet. The right-of-way proposed to be vacated is located approximately 800 feet west of the intersection of Appleway Avenue and Barker Road, and adjacent to parcels 55184.1208 and 55184.1207. Both parcels are owned by Cameo Lofts,LLC. OPTIONS: Approve Resolution No. 22-013 setting the date for a public hearing on the proposed street vacation; or take other appropriate action. RECOMMENDED ACTION OR MOTION: Approve Resolution No. 22-013, setting July 28, 2022 as the date for a public hearing before the Planning Commission on Street Vacation application STV-2022- 0002. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Lori Barlow, Senior Planner ATTACHMENT: PowerPoint Resolution No. 22-013 Cameo Lofts, LLC Street Vacation STV-2022-0002 Setting Public Hearing by Resolution June 28, 2022 Lori Barlow, Senior Planner Spokane `� jValley® Location ofproposed vacation _ ,an inn . , t TT 1 k P I 7 —tr) , Fr _ c Fvn r 1 - v T �re Erm till 9, Alleyway I �� virl. 4 L �!� — 1 _�1-_� ii a� a . _lift a' 1k` _ O y _ l� - _, may Fr- imiippi. N. Corbin Plac--7 pi lilwii __ McIk3_:x.amRw�e mw.ur x ill Jpizikibi , P\ Opp, � A& I }tl rTf a��a ae°npp — norno ! wxa ...,�,-y� APORO . 00 willatill 461, to rl ��may S , 1NP4rN MmS,WF 1547441. VA,Ati $ dHdrP e, le, R! 2/4.1,2 32,224I21,ur k Ea A!u5Isri� O Silli / cat C rdAar ' 73.12 a EMI MI ,l_— l.. ALLEY ISMY` n e ar�,w R• F aaorlte i Mil Illiarsi.:hi p' : — Mili I$I ll » I $_ +mcTA Lon npa�s , 74 � ,i 5$ A1,.=9: v � 1. I 1 1 1 _ 6 23 2022 y �a�� CIIRTERCORNEER —— ,® e —v — 2 la Process ... ;.• ct 04 c..• 7:1 = Administrative o .- - � Report o ,t j Study Session dates TBD w :a '� a� • cu = •� July 14, 2022 P4 c c cu Ord. 1st Reading t t ,� o Public Hearing dates TBD y +4 •CJ : July 28, 2022 1 CJ '� c �., o ° Ord. P4 ct = �'' Findings of Fact 2nd Reading '� •� '� August 11, 2022 dates TBD c t et o Pi O w Decision Today t Vif A . J Y 1 st Phase of street vacation 2nd Phase of street vacation DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.22-013 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, SETTING THE PUBLIC HEARING DATE AND TIME FOR THE PLANNING COMMISSION TO CONSIDER STREET VACATION APPLICATION STV-2022-0002 PURSUANT TO RCW 35.79.010 AND SVMC 22.140.020; AND OTHER MATTERS RELATED THERETO. WHEREAS,the City of Spokane Valley has received a Street Vacation Application (File # STV- 2022-0002) from property owner Cameo Lofts, LLC to vacate a portion of an irregularly shaped 20' wide alley intersecting with the northside of Appleway Avenue. The area of right-of-way is unimproved and approximately 1,610 square feet. The right-of-way proposed to be vacated is located approximately 800 feet west of the intersection of Appleway Avenue and Barker Road, adjacent to parcels 55184.1208 and 55184.1207; and WHEREAS, RCW 35.79.010 specifies that the legislative authority shall establish by resolution the time when a street vacation application shall be considered by the legislative authority or a committee thereof; and WHEREAS, chapter 22.140 of the Spokane Valley Municipal Code (SVMC) establishes regulations and procedures for the processing of vacations of public streets(hereafter referred to as a"street vacation"); and WHEREAS, SVMC 22.140.030 specifies that the Planning Commission shall conduct the public hearing required pursuant to RCW 35.79.010; and shall develop and forward a recommendation for a requested street vacation to the City Council. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington,as follows: Section 1. Establishment of Public Hearing Date and Time for STV-2022-0002. The required public hearing for Street Vacation Application STV-2022-0002 shall be conducted before the Spokane Valley Planning Commission on July 28, 2022,beginning at 6:00 p.m.,or as soon thereafter as is feasible, in the City Council Chambers at the City Hall of the City of Spokane Valley, 10210 East Sprague Avenue, Spokane Valley,Washington 99206. Section 2. Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this 28t'day of June,2022. CITY OF SPOKANE VALLEY ATTEST: Pam Haley,Mayor Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Resolution No.22-013 Establishment of Public Hearing Date and Time for STV-2022-0002 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28, 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 — Construction Contract Award for Wilbur Sidewalk Project— Boone to Mission - CIP #0318 GOVERNING LEGISLATION: SVMC 3.35.10 —Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • 03/13/2018 Administrative Report discussing SRTC's preservation Call for projects • 03/27/2018 Motion passed to apply for the SRTC's call for projects • 03/15/2022 Administrative Report discussing 2022 CIP projects BACKGROUND: In 2018, the City submitted a grant application and was awarded SRTC funds for the construction of a sidewalk on Wilbur Rd from Boone Avenue to Mission Avenue. This project will install a sidewalk on the east side of the road, widen the road to meet minimum street width standards, installs curb and gutter and ADA ramps. Total Project Cost Project Budget Preliminary Engineering $ 109,436 Federal Grant $ 557,000 Right of Way 20,000 Fund 302 313,507 Construction Bid Award 715,814 Fund 106 136,844 Construction Contingency 71,100 Construction Engineering 91,001 Total Estimated Cost $ 1,007,351 Total Budget: $ 1,007,351 The Engineer's Estimate for construction was $679,179. The project was advertised on May 20, 2022. The City received and opened four bids on June 10, 2022. The lowest, responsive, responsible bidder is North Fork Enterprises, LLC with a bid of $715,813.50, approximately 5% higher than the engineer's estimate. The project's construction bid tabulation is attached. OPTIONS: 1) Move to award the contract to the lowest responsive and responsible bidder, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Wilbur Sidewalk Project - CIP #0318 construction contract to Northfork Enterprises, LLC in the amount of $715,813.50 and authorize the City Manager to finalize and execute the construction contract. BUDGET/FINANCIAL IMPACTS: The total project budget is $1,007,351 and there are sufficient funds to cover all costs for this project. STAFF CONTACT: Gloria Mantz, City Engineer ATTACHMENTS: Bid Tabulation —Wilbur Sidewalk Project BID TABULATION ne Wilbur Sidewalk Project .0000 l Project CIP No.0318,Federal Aid#:TAP-1333(006) Engineers Estimate North Fork Enterprises,LLC Wm.Winkler Co. National Native American Construction Inc. Inland Infrastructure LLC Item Units quantity Unit Price I Total Cost Unit Price I Total Cost Unit Price I Total Cost Unit Price I Total Cost Unit Price I Total Cost Schedule A 1 100 MINOR CHANGE CALC $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 1 $16,000.00 $16,000.00 $13,922.00 $13,922.00 $12,550.00 $12,550.00 $23,926.00 $23,926.00 $21,000.00 $21,000.00 FEATURES102 ADA SURVEYING $5,000.00 $5,000.00 $1,415.00 $1,415.00 $1,750.00 $1,750.00 $3,456.00 $3,456.00 $4,500.00 $4,500.00 1 $1,000.00 $1,000.00 $230.00 $230.00 $400.00 $400.00 $030.00 $030.00 $5,000.00 $5,000.00 1 104 MOBILIZATION $65,000.00 $65,000.00 $50,403.00 $50,403.00 $02,133.00 $02,133.00 $56,736.00 $56,736.00 $90,000.00 $90,000.00 105 PORTABLE CHANGEABLE MESSAGE SIGN 840 $6.00 $5,040.00 $0.50 $7,140.00 $4.00 $3,360.00 $6.00 $5,040.00 $5.50 $4,620.00 CONTROL $33,000.00 $33,000.00 $16,707.00 $16,707.00 $14,130.00 $14,130.00 $31,901.00 $31,901.00 $25,000.00 $25,000.00 107 CLEARING AND SING $10,000.00 $10,000.00 $20,129.00 $20,129.00 $32,407.00 $32,407.00 $6,104.00 $6,304.00 $10,000.00 $10,000.00 108 POTHOLE UTILITY .CH $1,000.00 $5,000.00 $375.00 $1,875.00 $1,296.00 $6,400.00 $001.00 $4,405.00 $615.00 $3,075.00 1 109 ABANDON EXISTING DRYWELL .CH $2,000.00 $2,000.00 $783.00 $783.00 $1,000.00 $1,000.00 $1,871.00 $1,871.00 $2,250.00 $2,250.00 OBSTRUCTIONS110 REMOVAL OF STRUMRES AND $5,000.00 $5,000.00 $3,609.00 $3,609.00 $27,006.00 $27,0060 $14,303.00 $14,303.00 $3,000.00 $3,000.00 111 REMOVE CEMENT CONCRETE CURB 40 $40.00 $1,600.00 $12.00 $400.00 $37.00 $1,512.00 $15.00 $600.00 $13.00 $520.00 112 REMOVE CEMENT CONCRETE WALK/DRIVEWAY APPROACH $35.00 $6,300.00 $13.00 $2,340.00 $34.60 $6,220.00 $30.00 $5,400.00 $22.00 $3,960.00 113 REMOVE ASPHALT PAVEMENT 5190 $6.00 $31,140.00 $3.50 $10,165.00 $13.00 $67,470.00 $3.00 $15,570.00 $6.50 $33,735.00 114 REMOVAL AND REP.CEMENT OF DRASLE MATERIAL 40 $150.00 $6,000.00 $67.00 $2,600.00 $216.00 $0,640.00 $05.00 $3,400.00 $00.00 $3,200.00 115 ROADWAY EXCAVATION INCL.HAUL 580 $70.00 $40,600.00 $40.00 $23,200.00 $43.20 $25,056.00 $125.00 $72,500.00 $95.00 $55,100.00 $4.50 $15,750.00 $4.00 $14,000.00 $3.25 $11,375.00 $12.00 $42,000.00 $15.00 $52,500.00 1, TRENCH FENCE SAFETY COMPLIANCE CALC $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $6.00 $6,600.00 $3.00 $3,300.00 $5.40 $5,940.00 $7.00 $7,700.00 $7.50 $0,250.00 119 CRUSHED SURFACING TOP COURSE $40.00 $3,000.00 $4.00 $300.00 $140.50 $10,53750 $109.00 $8,175.00 $10.00 $750.00 65 120 CRUSHED SURFACING TOP COURSE,4 IN.DEPTH $40.00 $2,600.00 $7.50 $487.50 $124.00 $0,060.00 $243.00 $15,795.00 $12.00 $780.00 121 CRUSHED $15.00 $31,125.00 $11.00 $22,025.00 $37.00 $78,435.00 $30.00 $62,250.00 $14.00 $29,050.00 FACING TOP ..L3/BIN.PG 64H-203OIN.DEPTH DEPTH TON 1000 $115.00 $115,000.00 $162.00 $162,000.00 $126.00 $126,000.00 $155.00 $155,000.00 $120.00 $120,000.00 123 JOB MIX COMPLIANCE PRICE ENT CALC $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 124 COMPACTION PRICE ADJUSTMENT CALC $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 125 HMA SURFACE SMOOTHNESS COMPLIANCE $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 20 126 UTILITY CASTING DEPTH COMPLIANCE CALC $250.00 $5,000.00 $250.00 $5,000.00 $250.00 $5,000.00 $250.00 $5,000.00 $250.00 $5,000.00 127 DUCTILE IRON STORM SEWER PIPE 10 IN.DIA. 190 $120.00 $22,000.00 $112.00 $21,200.00 $129.50 $24,605.00 $127.00 $24,130.00 $100.00 $19,000.00 128 ADJUST EXISTING CATCH BASIN ORDRYWELL $900.00 $2,700.00 $927.00 $2,781.00 $378.00 $1,134.00 $600.00 $1,000.00 $000.00 $2,400.00 129 ADJUST EXISTING MANHOLE .CH $900.00 $7,200.00 $927.00 $7,416.00 $378.00 $3,024.00 $657.00 $5,256.00 $000.00 $6,400.00 130 CONNECT TO EXISTING DRAINAGE STRUCTURE $1,400.00 $1,400.00 $004.00 $004.00 $1,000.00 $1,000.00 $2,100.00 $2,100.00 $950.00 $950.00 4 131 CATCH BASIN TYPE 1 .CH $3,000.00 $12,000.00 $3,320.00 $13,200.00 $2,593.00 $10,372.00 $3,999.00 $15,996.00 $2,200.00 $0,000.00 132 COMBINATION INLET .CH $3,000.00 $6,000.00 $3,114.00 $6,220.00 $3,025.00 $6,050.00 $3,397.00 $6,794.00 $2,200.00 $4,400.00 4 133 SPILL CONTROL SEPARATOR .CH $600.00 $2,400.00 $900.00 $3,632.00 $2,593.00 $10,372.00 $1,009.00 $4,036.00 $650.00 $2,600.00 134 PRECAST CONCRETE DRYWELL,TYPE S $7,000.00 $14,000.00 $4,574.00 $9,140.00 $5,401.00 $10,002.00 $9,101.00 $19,562.00 $7,000.00 $14,000.00 135 ADJUST EXISTING WATER VALVE .CH $500.00 $4,500.00 $1,311.00 $11,799.00 $064.00 $7,2260 $633.00 $5,697.00 $615.00 $5,535.00 136 EROSION CONTROL D WATER POLLUTION PREVENTION $1,500.00 $1,500.00 $937.00 $937.00 $4,321.00 $4,321.00 $1,340.00 $1,340.00 $10,000.00 $10,000.00 INSTALLATION137 SOD 375 $20.00 $7,500.00 $41.00 $15,375.00 $11.00 $4,125.00 $11.00 $4,125.00 $35.00 $13,125.00 138 BARK MULCH $50.00 $1,000.00 $49.00 $900.00 $45.00 $900.00 $53.00 $1,060.00 $60.00 $1,200.00 139 LANDSCAPE ROCK 40 $50.00 $2,000.00 $76.00 $3,040.00 $30.00 $1,200.00 $53.00 $2,120.00 $60.00 $2,400.00 140 IRRIGATION SYSTEM REVISION $500.00 $4,000.00 $1,772.00 $14,176.00 $1,095.00 $0,760.00 $1,329.00 $10,632.00 $1,150.00 $9,200.00 30 141 CEMENT CONC.GUTTER $00.00 $2,400.00 $187.00 $5,610.00 $227.50 $6,025.00 $142.00 $4,260.00 $00.00 $2,400.00 30 142 CEMENT CONC.T.FFIC CURB $45.00 $1,350.00 $00.00 $2,640.00 $40.00 $1,200.00 $02.00 $2,460.00 $00.00 $2,400.00 143 CEMENT CONC.T.FFIC CURB AND GUTTER 1200 $35.00 $42,000.00 $56.00 $67,200.00 $43.60 $52,320.00 $59.00 $70,000.00 $00.00 $96,000.00 144 CEMENT CONC.PEDESTRIAN CURB 115 $40.00 $4,600.00 $49.00 $5,635.00 $40.50 $4,657.50 $29.00 $3,335.00 $00.00 $9,200.00 DRIVEWAY145 CEMENT CONCRETE APPROACH 500 $90.00 $45,000.00 $114.00 $57,000.00 $100.00 $54,000.00 $94.00 $47,000.00 $150.00 $75,000.00 146 CEMENT CONC.SIDEWALK 310 $69.00 $21,390.00 $95.00 $29,450.00 $64.00 $19,040.00 $91.00 $20,210.00 $120.00 $37,200.00 147 CEMENT CONC.CURB IL,MP TYPE SINGLE ION $3,000.00 $3,000.00 $2,491.00 $2,491.00 $2,000.00 $2,000.00 $3,105.00 $3,105.00 $6,250.00 $6,250.00 148 CEMENT CONC.CURB IL,MP TYPE PARALLEL A .CH $3,000.00 $6,000.00 $2,064.00 $5,720.00 $2,000.00 $4,000.00 $3,105.00 $6,370.00 $6,250.00 $12,500.00 149 CEMENT CONC.CURB IL,MP PE PARALLELS $3,000.00 $12,000.00 $2,297.00 $9,100.00 $2,000.00 $0,000.00 $3,165.00 $12,660.00 $6,250.00 $25,000.00 150 MAILBOX SUPPORT,TYPE 1 $600.00 $3,600.00 $592.00 $3,552.00 $524.00 $3,144.00 $565.00 $3,390.00 $600.00 $3,600.00 151 PERMANENT SIGNING $3,000.00 $3,000.00 $6,913.00 $6,913.00 $4,780.00 $4,780.00 $6,600.00 $6,600.00 $5,000.00 $5,000.00 152 PLASTIC BICYCLE LANE SYMBOL .CH $500.00 $500.00 $340.00 $340.00 $254.00 $254.00 $332.00 $332.00 $300.00 $300.00 153 SEGMENTAL CONCRETE RETAINING 120 $55.00 $6,600.00 $95.00 $11,400.00 $56.20 $6,744.00 $00.00 $9,600.00 $50.00 $6,000.00 154 SALVAGE/RELAY SEGMENTALCONCRETL CONCRETE WALL $55.00 $1,900.00 $45.00 $1,620.00 $40.60 $1,749.60 $00.00 $2,000.00 $70.00 $2,520.00 Schedule ATotal illMr 111MW $679,179.00 $716,813.60 $834,688.60 $893,464.00 IMEM $889,694.00 Project Totals I M $679,179.001 $715,813.501 $824,588.601 $873,464.00 $889,674.001 CHECKLIST Competitive bids were opened on lune 10,2022.I hereby certify to the Bid Proposal Checklist x x x x best of my ability that this is a true and correct bid tabulation for the Bid Proposal Form Wilbur Sidewalk Project,Cl P 318 Addenda's Acknowledged N/A N/A N/A N/A Contractor Certification Wage Law Compliance Contractor Administrative Info Bidder Qualification Statement Bid Deposit Form Kelly Lynch,PE / Bid Deposit Surety Bond Senior Engineer/Proles[.tanager Representations and Certifications Non-Collusion Declaration Local Agency Certification for Federal-Aid Contracts DBE Utilization Certification DBE Written Confirmation Document DBE Trucking Credit Form N/A Note.Highlighted cells have been corrected for math errors. DBE Bid Item Breakdown x Recycled Material Form x W SDOT DBE Goal Concurrence Pending CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28, 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: Aging & Long Term Care of Eastern Washington GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Aging & Long Term Care of Eastern Washington Executive Director Lynn Kimball, will give Council a report on the organization. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: PowerPoint r -i"' - lam- 474,-1, !' _ " K ` � .0 _ SM litkalit . ..1 r \47# ‘I'S 1;''' d ....i' .t ';PAIV:4 ) -(\''' i 'P.... :I\ -...._ . -. J��y 4 P •t ° Aging r . �: �, ,T i c 0 LONG TERM Care iii1 ;:::- OF EASTERN WASHINGTON 44. r eti 1. mow., 4 AgingLong& Term Care of Eastern Washington 1222 N.Post St. I Spokane,WA 99201 I TEL 509-458-2509 I FAX 509-458-2003 WWW.ALTCEW.ORG I ADVOCACY.ACTION.ANSWERS. SERVING:Northern Ferry,Pend Oreille,Spokane,Stevens&Whitman counties 1 444;f::. ' At 4 4_1. '714-41114 41114, -, . __ ,...... ., -, r �+ _, , .... _ - , ,,, , - _ _ 0,c), ,,_ ._. • / P '4k ' About Aging & Long Term Care • Our vision is to provide the best home and community-based services to support healthy living and aging in place • Help older adults and adults living with disabilities age at home • Serve Ferry, Stevens, Pend Oreille, Spokane and Whitman counties iiii:L.m.- IF Discover the resources you need to plan, prepare for, —1,.Aurtr, and support living independently for as long as possible. ir *.iiit A " -4tonitithe 2 Community Living Connections 509-960-7281 • Information, Assistance and • Check and Connect Referral • SHIBA Medicare Public • Options Counseling Insurance Counseling and • Benefit Enrollment fraud assistance Specialists • Dementia Support • Dental Care Access Assistance COMMUNITY LIVING � ; CONNECTIONS '�' '� Lf,Ar�1NG YOU TO Personalized Care 8 Support Options - 3 Additional Resources — Spokane Valley Senior Services Caregivers and Families • Adult Day Services • Family Caregiver Support • Bathing Assistance • Medicaid Alternative Care • Falls Prevention Classes • Tailored Supports for Older Adults • Falls Prevention Phone Consultation • Powerful Tools for Caregivers (Online) • Senior Meal Sites • Kinship Navigator and Caregiver Support • Home Delivered Meals Medicaid Services Legal Assistance • Medicaid In-Home Case Management • • Veteran's Directed Home Care Case • Minor Home Repair Management • Transportation • Health Homes Care Coordination • Farmer's Market Vouchers • Supportive Housing • Online Senior Fitness Classes • Medication Management • 2021 Services • Served 2,759 people in Spokane Valley — 1,114 with information and assistance — 1,443 with in-home care services — Supported serving 782 people with 61,620 meals — Provided 1,155 Medicare counseling contacts — Supported 276 unpaid family caregivers — Provided access to services like legal assistance, adult day services, minor home repair, bathing assistance, medication management, and more aiii t . " i i i Wit �-. ` > ram, r `` t , ,,, , , ..... 1 -4 -1.- 4.--kr64 k.,...•,,,,....4t, • - — . i , Call to Access Services Spokane County Community Living Connections 509-960-7281 action@altcew.org v vv' o Aging � �' LONG CareTERM 6 OF EASTERN WASHINGTON CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28,2022 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 — Proposed Amendment to SVMC 3.48.030 (Purchase Orders). GOVERNING LEGISLATION: SVMC 3.48.030. PREVIOUS COUNCIL ACTION TAKEN: Chapter SVMC 3.48 was originally adopted in 2015 by Ordinance 15-022;minor revisions in 2019. BACKGROUND: At the time of original adoption, the threshold for expenditures requiring a purchase order was$1,000. The amendment in 2019 did not alter that amount. Increasing the amount from $1,000 to $2,500 balances the time and resources required for approving the purchase of necessary goods, equipment, and supplies,while still providing oversight and direction from department heads and the City Manager in an amount consistent with the City's operations. Additionally, with inflation and increased shipping costs, increasing the threshold from $1,000 to $2,500 is consistent with the intent when initially adopted in 2015. Council also adopted Resolution 19-017 which authorized contracting with the Municipal Research and Services Center of Washington (MRSC) to adopt for City use, those state-wide electronic databases for the City of Spokane Valley's use for small public works contracts, consulting services, and vendor services developed and maintained by MRSC through MRSC Rosters. These changes are also reflected in the draft amendment. OPTIONS: (1) Place on a future agenda for an ordinance first reading; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for a first reading. BUDGET/FINANCIAL IMPACTS:None anticipated. Expenditures associated with purchase orders will still follow the City's purchase and approval policies. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney. ATTACHMENTS: Proposed amendments to SVMC 3.48.030. Chapter 3.48 VENDOR LIST—PURCHASE ORDERS Sections: 3.48.010 Use of vendor list. 3.48.020 Advertising for vendor list. 3.48.030 Purchase orders. 3.48.010 Use of vendor list. A vendor list is authorized and maintained for the purchase of goods,equipment, and supplies in an amount less than $40,000. The vendor list shall be maintained by the city clerk. Alternatively,the city clerk may maintain the vendor list by contracting with public or private entities to maintain such list(s)on behalf of the City. 3.48.020 Advertising for vendor list. At least annually,the City shall publish in a newspaper of general circulation a notice of the existence of a vendor list for purchases of goods,equipment,and supplies and solicit the names of vendors who wish to be added to the list. Alternatively,if the city clerk has contracted with public or private entities to maintain such list, that entity shall also make the annual publicationsmay maintain the vendor list by contracting with public or private entities to maintain such list(s) on behalf of the City. The city manager shall establish policies and procedures to ensure that a competitive price is established and for purchasing from the vendor list. 3.48.030 Purchase orders. Purchase orders shall be used for the purchase of goods,equipment, and supplies with a cumulative cost of$-17000$2.500 or more per purchase. The responsible department shall receive prior written approval from the city manager for the use of a purchase order to purchase goods,equipment, and supply items in an amount greater than$20,000. All purchase orders shall be accompanied by any applicable vendor bid or quote documentation. No purchase order is required for the purchase of assets or consumable goods when required as part of preapproved projects,for services,or for utility payments by the City. The city manager shall establish policies and procedures governing the use of purchase orders. DRAFT ADVANCE AGENDA as of June 23,2022; 9:00 a.m. Please note this is a work in progress;items are tentative To: Council&Staff From: City Clerk,by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings July 5,2022,Study Session,6:00 p.m. [due Tue June 28] Proclamation:Parks and Recreation Month ACTION ITEMS: 1. Second Read Ordinance 22-011 Code Text Amendment 001,Comm. Service Regulations—Lori Barlow(5 minutes) 2. Second Reading Ordinance 22-012 Hearing Examiner Amendments—Cary Driskell (5 minutes) NON-ACTION ITEMS: 3.Reclaim Project—Lisette Alent,Kenneth Carlson (15 minutes) 4. Sprague Ave. Stormwater Dept of Ecology Grant-Bill Helbig,Gloria Mantz (15 minutes) 5.Advance Agenda—Mayor Haley (5 minutes) 6.Info Only:Dept Reports [*estimated meeting:45 mins] July 12,2022,Formal Meeting,6:00 p.m. [due Tue July 5] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:Potential Grant Opportunity,Transportation Improvement Board—Adam Jackson (10 minutes) 3.Admin Report:RCO Greenacres Update—John Bottelli (10 minutes) 4.Admin Report:Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting:30 mins] July 19,2022,Study Session,6:00 p.m. [due Tue July 12] 1.Council Goals&Priorities for Use of Lodging Tax—Chelsie Taylor (10 minutes) 2.Advance Agenda—Mayor Haley (5 minutes) July 26,2022,Formal Meeting,6:00 p.m. [due Tue July 19] Proclamation:National Night Out 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Motion Consideration:Potential Grant Opportunity,Transportation Improvement Board—Adam Jackson(5 minutes) 3.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 4.Info Only:Department Monthly Reports [*estimated meeting: mins] Aujiust 2,2022,Study Session, 6:00 p.m. —meeting cancelled(National Night Out) August 9,2022,Formal Meeting,6:00 p.m. [due Tue Aug 2] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:Advance Agenda—Mayor Haley (5 minutes) August 16,2022,Study Session,6:00 p.m. [due Tue Aug 2] ACTION ITEMS: 1.Motion Consideration:Council Goals&Priorities for Use of Lodging Tax—Chelsie Taylor (15 minutes) NON-ACTION ITEMS: 2.Council 2023 Budget Goals—Chelsie Taylor (15 minutes) 3.Advance Agenda—Mayor Haley (5 minutes) August 23,2022,Formal Meeting,6:00 p.m. [due Tue Aug 16] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:2023 Budget,Estimated Revenues&Expenditures—Chelsie Taylor (15 minutes) 3.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 4.Info Only:Department Monthly Reports August 30,2022,Study Session,6:00 p.m. [due Tue Aug 23] 1.Advance Agenda—Mayor Haley (5 minutes) Sept 6,2022,Study Session,6:00 p.m. [due Tue Aug 30] 1.Advance Agenda—Mayor Haley (5 minutes) Draft Advance Agenda 6/23/2022 2:22:04 PM Page 1 of 2 Sept 13,2022,Formal Meeting,6:00 p.m. [due Tue Sept 6] 1.PUBLIC HEARING#1:2023 Budget: 2023 Revenues,Includes Property Taxes (10 minutes) 2.Consent Agenda(claims,payroll,minutes) (5 minutes) 3.Motion Consideration: Set 2023 Budget Hearing for October 11 —Chelsie Taylor (5 minutes) 4.Admin Report:Advance Agenda—Mayor Haley (5 minutes) Sept 20,2022,Study Session,6:00 p.m. [due Tue Sept 13] 1.Outside Agency presentations(5 minutes each) (-110 minutes) 2.Proposed Ordinance Adopting 2023 Property Taxes—Chelsie Taylor (10 minutes) 3.Advance Agenda—Mayor Haley (5 minutes) Sept 27,2022,Study Session,6:00 p.m. [due Tue Sept 20] 1.Advance Agenda—Mayor Haley (5 minutes) October 4,2022,Study Session,6:00 p.m. [due Tue Sept 27] 1.City Manager Presentation of 2023 Preliminary Budget—John Hohman (25 minutes) 2.Advance Agenda—Mayor Haley (5 minutes) Oct 11,2022,Formal Meeting,6:00 p.m. [due Tue Oct 4] 1.PUBLIC HEARING#2:2023 Budget: 2023 Revenues,Includes Property Taxes (10 minutes) 2.First Reading Property Tax Ordinance—Chelsie Taylor (10 minutes) 3.Consent Agenda(claims,payroll,minutes) (5 minutes) 4.Admin Report:2022 Budget Amendment—Chelsie Taylor (10 minutes) 5.Admin Report:Advance Agenda—Mayor Haley (5 minutes) Oct 18,2022,Study Session,6:00 p.m. [due Tue Oct 11] 1.Advance Agenda—Mayor Haley (5 minutes) Oct 25,2022,Formal Meeting,6:00 p.m. [due Tue Oct 18] 1.PUBLIC HEARING: 2022 Budget Amendment—Chelsie Taylor (5 minutes) 2.First Reading Ordinance Amending 2022 Budget—Chelsie Taylor (10 minutes) 3.Consent Agenda(claims,payroll,minutes) (5 minutes) 4. Second Reading Property Tax Ordinance—Chelsie Taylor (10 minutes) 5.First Reading Ordinance Adopting 2023 Budget—Chelsie Taylor (10 minutes) 6.Motion Consideration:Outside Agency Grant Awards—Chelsie Taylor (10 minutes) 7.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 8.Info Only:Department Monthly Reports [*estimated meeting: 55 mins] Nov 1,2022,Study Session,6:00 p.m. [due Tue Oct 25] 1.Advance Agenda—Mayor Haley (5 minutes) Nov 8,2022,Formal Meeting,6:00 p.m. [due Tue Nov 1] 1.PUBLIC HEARING#3: 2023 Budget—Chelsie Taylor (5 minutes) 2.Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Second Reading Ordinance Amending 2022 Budget—Chelsie Taylor (10 minutes) 4. Second Reading Ordinance Adopting 2023 Budget—Chelsie Taylor (10 minutes) 5.Admin Report:LTAC Recommendations to Council—Chelsie Taylor (15 minutes) 6.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 7.Info Only:Department Monthly Reports [*estimated meeting: 50 mins] *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appleway Trail Amenities Gov.Auth.Emergencies(info) Residency Basement space Mirabeau Park Forestry Mgmt. SCRAPS Update Castle Park Neighborhood Restoration St.Illumination(owners,cost,location) CDBG Interlocal NLC Summit Nov 16-19 St. O&M Pavement Preservation Consolidated Homeless Grant Park Lighting Vehicle Wgt Infrastructure Impact Continuum of Care(info item) PFD Presentation Water Districts&Green Space Core Beliefs Resolution Prosecutor Services Way Finding Signs Draft Advance Agenda 6/23/2022 2:22:04 PM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28,2022 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Permit Processing Noticing Procedures GOVERNING LEGISLATION: Chapters 17.80 and 21.20 SVMC; Chapters 36.70A, 36.70B RCW; 43.21C, and Chapter 197-11 WAC PREVIOUS ACTION TAKEN: Adoption of Comp Plan amendment via Ordinance 16-018, as part of the periodic update in 2016. BACKGROUND: Council has requested staff provide a report on the City's adopted noticing procedures for land-use decisions. The City's notice requirements have been developed consistent with State permit- processing requirements found in chapter 36.70B RCW. The City's permit procedures are provided in chapter 17.80 SVMC. All land use and development applications are categorized into one of four types. Each type has its own distinct review and noticing procedures. As a rule, the review and noticing requirements broaden as the potential impact of the application increases. The four types of applications identified in SVMC 17.80.020 are: • Type I procedures apply to permits and decisions issued administratively(e.g.,by staff). o Examples include boundary line adjustments,grading permits,accessory dwelling units,home business permits. • Type II procedures apply to permits and decision that are issued administratively (e.g., by staff) but that contain some discretionary criteria. o Examples include short plat/short subdivisions (creating less than 10 lots), binding site plan (dividing commercial/industrial property or manufactured home park); substantial shoreline development permit; SEPA(State Environmental Policy Act)threshold determinations. • Type III procedures apply to permits and decisions that are issued through a quasi-judicial process (e.g.,by the Hearing Examiner), and that contain discretionary approval criteria. o Examples include subdivisions(creating 10 or more lots),conditional use permits,site specific zoning map amendment. • Type IV procedures apply to legislative matters that involve the creation, revision, or large-scale implementation of public policy and which are subject to City Council approval. o Examples include comprehensive plan amendments, development code text amendments, area-wide rezones(creating new zoning district). The remaining discussion in this document will discuss the notice requirements for Types I, II, and III. Type IV permits generally do not relate to project-level approvals,and they are not included in the following discussion. There are three main noticing points for land use and development applications: Notice of Application, Notice of Public Hearing, and Notice of Final Decision. The table below, summarizes which notice is required for the different application types. A brief discussion of each notice follows the table. Page 1 of 3 Notice Requirements Application Type Notice of Application Notice of Public Hearing Notice of Final Decision Type I No No Yes Type II Yes No Yes Type III Yes Yes Yes Prior to discussing each notice type,it is important to point out that Type I permits require only a Notice of Final Decision. Type I permits are permits issued administratively by staff and they have no discretionary criteria. Type I permits include projects like grading permits, building permits not subject to SEPA (for example, a water heater permit when the heater dies),right-of-way permits, and accessory dwelling units. Typically, Type I permits have low impact to surrounding properties and additional notice could cause unnecessary delays. Notice of Application (SVMC 17.80.110) For Type II and III applications,the City is required to issue a Notice of Application within 14 days after an application is determined to be complete. The notice is distributed by publishing in the Spokane Valley Herald and mailing notice to the following:the applicant,adjacent property owners,governmental agencies entitled to notice(for example schools,police,fire,transit),and any person filing a written request to receive the notice. One note is that the Spokane Valley News Herald only publishes on Fridays. The Notice of Application starts a public comment period of 14 days for Type II applications and 30 days for Type III applications. Notice of Public Hearing(SVMC 17.80.120) For Type III applications, after the close of the comment period on the Notice of Application,the City will issue a Notice of Public Hearing. The Notice of Public Hearing must occur at least 15 days prior to the hearing and is distributed by publishing in the Spokane Valley News Herald and mailing the notice to property owners within 400 feet of the project, any agencies with jurisdiction(for example Department of Ecology,Department of Transportation),and governmental agencies entitled to notice.The Notice of Public Hearing may also be provided to persons outside of the 400-foot radius when the City determines it is a project of known or likely known public interest and when there are likely substantial impacts. In addition, the Notice of Public Hearing is also posted on the property with a large sign. Notice of Final Decision (SVMC 17.80.130) All applications require a Notice of Final Decision. The Notice of Final Decision is distributed by mailing the notice to the applicant; any governmental agency entitled to notice; any person filing a written request for a copy of the Notice of Application or the Notice of Final Decision; and any person who testified at the hearing or who provided substantive written comments on the application during the public comment period and provided a mailing address. State Environmental Policy Act Noticing(chapter 21.20 SVMC) Chapter 21.20 SVMC implements the SEPA, RCW 43.21C.120, and Chapter 197-11 WAC. All projects are required to have an environmental threshold determination unless specifically exempted. The City has adopted flexible threshold standards, increasing the number of projects exempt from a threshold determination; however, any application type, depending on its scope, may require a threshold determination. The threshold determination is like the Notice of Application in that it serves as the public notice that a non-exempt SEPA action is planned. When required,a threshold determination requires a 14- day comment period and is distributed by publishing in the Spokane Valley News Herald, emailed to agencies with jurisdiction,Department of Ecology,affected Native-American tribes,and local agencies that may be impacted by the proposal. In addition, for site specific projects, the site is posted with the SEPA threshold determination. The City cannot issue a Notice of Decision until after the close of the SEPA comment period. Page 2 of 3 Other Considerations The City's notice requirements have been developed to be consistent with chapter 36.70B RCW,but state law does permit cities to have some flexibility in determining how best to provide notice to the public. Some of the options included in 36.70B that are not currently included in our notice provisions include: posting the property for site-specific proposals; notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered; publishing notice in agency newsletters or sending notice to agency mailing lists. OPTIONS: Information only RECOMMENDED ACTION OR MOTION: Information only BUDGET/FINANCIAL IMPACTS:N/A STAFF CONTACT: Chaz Bates,Planning Manager Page 3 of 3 City of Spokane Valley Community & Public Works Department Monthly Report 5/1/2022 - 5/31/2022 Page Title 1 Cover Sheet 2 Pre-Application Meeting Requested 3 Construction Applications Received 4 Engineering Applications Received 5 Land Use Applications Received 6 Construction Permits Issued 7 Engineering Permits Issued 8 Land Use Applications Completed 9 Inspections Performed 10 Code Enforcement 11 Revenue 12 Building Permit Valuations Created On: 6/2/2022 Page 1 of 12 Community & Public Works Department Monthly Report 5/1/2022 - 5/31/2022 Pre-Application Meeting Requested A Pre-Application Meeting is a service provided to help our customers identify the code requirements related to their project proposal Community & Public Works Department scheduled a total of 20 Pre-Application Meetings in MAY 2022 Spokane Valley Pre-Application Meeting Requests 30 25 20 15 10 5 I . 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec •Commercial Pre-App Land Use Pre-App ** NOT SUBMITTED Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial Pre-App 5 6 18 7 3 Land Use Pre-App 7 10 5 3 17 ** NOT SUBMITTED 1 2 3 0 0 Monthly Totals 12 16 23 10 20 0 0 0 0 MI Annual-To-Date: 81 **NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 6/2/2022 Page 2 of 12 Community & Public Works Department Monthly Report 5/1/2022 - 5/31/2022 Construction Applications Received The applications recevied are those that include projects for New, remodeled, and accessory buildings; Signs, Factory Assembled Structures (FAS), Trade, Roofs, and more. Community & Public Works Department recevied a total of 408 Construction Applications in MAY 2022 Spokane Valley Construction Applications Received 600 400 I IT i 200 1 0 — Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec •Commercial New Commercial TI Commercial Trade •Residential New ■Residential Remodel •Residential Trade a Residential Accessory Demolition Sign •Re-Roof Factory Assembled ■Other Construction ** NOT SUBMITTED *Other Construction applications include,Adult family Home Inspections,Cell tower modifications,solar panels,swimming pool/hot tub Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Commercial New 23 9 7 23 15 Commercial TI 13 14 24 16 15 Commercial Trade 48 23 28 34 25 Residential New 19 20 9 29 25 Residential Remodel 17 13 23 16 18 Residential Trade 150 164 182 219 172 Residential Accessory 13 7 22 17 15 Demolition 4 3 7 3 8 Sign 10 10 4 9 14 Re-Roof 31 45 89 78 86 Factory Assembled 2 0 3 1 2 Other Construction 9 16 5 4 13 ** NOT SUBMITTED 38 60 41 47 50 Monthly Totals 339 324 403 449 408= Annual-To-Date: 1923 **NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 6/2/2022 Page 3 of 12 Community & Public Works Department Monthly Report 5/1/2022 - 5/31/2022 Engineering Applications Received The applications received are those that include projects for all site work projects, such as Grading permits, Right-of-Way (ROW), approaches, and more. Community & Public Works Department received a total of 143 Engineering Applications in MAY 2022 Engineering Applications Received 160 140 120 100 80 60 40 20 0 P. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■Engineered Grading Regular Grading Right-of-Way Approach Clearing Et Grubbing ■**NOT SUBMITTED Jan Feb Mar Apr May Jun fl Jul Aug Sep Oct Nov Dec Engineered Grading 10 5 9 8 12 Regular Grading 0 0 1 2 2 Right-of-Way 62 92 93 95 117 Approach 0 9 14 6 11 Clearing & Grubbing 1 0 0 0 1 **NOT SUBMITTED 4 5 6 10 2 Monthly Totals 73 106 117 111 143 0 0 0 0 Annual-To-Date: 550 **NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 6/2/2022 Page 4 of 12 Community & Public Works Department Monthly Report 5/1/2022 - 5/31/2022 Land Use Applications Received The applications received are those that include projects that involve land development, such as Platting actions, Boundary Lines Adjustments, Zoning, SEPA and Exceptions Community & Public Works Department received a total of 107 Land Use Applications in MAY 2022 Spokane Valley Land Use Applications Received 150 100ii - 50 0 — — — Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec •Boundary Line Adj Short Plat Long Plat •Binding Site Plan a Final Platting ■Zoning/Comp Amend •Accessory Dwelling SEPA Admin Exception ■Admin Interpretation Home Business Lic •Other Development ** NOT SUBMITTED **Other Development could include,Zoning Letter,Floodplain,Shoreline,Alterations,Variances,Small Cell,CUP,Street Vacations,etc... an Feb Mar Apr May Jun Jul Aug Sepit Oct Nov Dec Boundary Line Adj 6 2 4 4 5 Short Plat 3 1 3 5 4 Long Plat 1 1 1 1 2 Binding Site Plan 1 0 1 0 0 Final Platting 4 4 5 3 11 Zoning/Comp Amend 0 1 0 0 0 Accessory Dwelling 1 0 2 1 1 SEPA 1 0 2 0 2 Admin Exception 2 0 3 0 2 Admin Interpretation 0 0 1 0 0 Home Business Lic 53 60 56 43 52 Other Development 2 2 8 5 18 ** NOT SUBMITTED 5 11 7 14 10 Monthly Totals Annual-To-Date: 418 **NOT SUBMITTED is a new category created by SmartGov which separates permits that have not entered details or provided documents for review Created On: 6/2/2022 Page 5 of 12 Community & Public Works Department Monthly Report 5/1/2022 - 5/31/2022 Construction Permits Issued The applications issued are those that include projects for New, remodeled, and accessory buildings; Signs, Factory Assembled Structures (FAS), Trade, Roofs, and more. Community & Public Works Department Issued a total of 318 Construction Permits in MAY 2022 Spokane Valley Construction Permits Issued 500 400 300 ■ • ■ 200 100 0 — — — Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec •Commercial New Commercial TI Commercial Trade •Residential New •Residential Remodel •Residential Trade C Residential Accessory Demolition Sign •Re-Roof Factory Assembled •Other Construction* *Other Construction applications include,Adult family Home Inspections,Cell tower modifications,swimming pool/hot tub Lan Feb Mar Apr May Junji. Jul Aug Sepa Oct Nov Dec Commercial New 6 0 7 10 1 Commercial TI 3 2 20 14 2 Commercial Trade 44 23 11 34 24 Residential New 8 6 5 15 5 Residential Remodel 7 8 16 13 5 Residential Trade 147 158 172 188 170 Residential Accessory 4 0 18 17 7 Demolition 3 3 6 4 3 Sign 6 6 3 7 10 Re-Roof 31 44 89 77 85 Factory Assembled 1 0 2 1 0 Other Construction* 3 9 5 16 6 Monthly Totals 263 259 354 396 318 0 0 0 0 MIM ,'', Annual-To-Date: 1590 Created On: 6/2/2022 Page 6 of 12 Community & Public Works Department Monthly Report 5/1/2022 - 5/31/2022 Engineering Permits Issued The applications issued are those that include projects for all site work projects, such as Grading permits, Right-of-Way (ROW), approaches, and more. Community & Public Works Department issued a total of 117 Engineering permits in MAY 2022 Engineering Permits Issued 140 120 100 80 60 40 20 0 — _Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■Engineered Grading Regular Grading Right-of-Way Approach Clearing Et Grubbing Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Engineered Grading 0 0 2 12 1 Regular Grading 0 0 1 1 Right-of-Way 54 75 75 105 105 Approach 0 8 9 10 10 Clearing & Grubbing 1 0 0 1 Monthly Totals 55 83 87 128 117 0 0 Annual-To-Date: 470 Created On: 6/2/2022 Page 7 of 12 Community & Public Works Department Monthly Report 5/1/2022 - 5/31/2022 Land Use Applications Completed The applications completed are those that include projects that involve land development, such as Platting actions, Boundary Line Adjustments, Zoning, SEPA and Exceptions Community & Public Works Department completed a total of 77 Land Use Applications in MAY 2022 Spokane Valley Land Use Applications Completed 100 80 M 60 40 ii 20 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec •Boundary Line Adj Short Plat Long Plat •Binding Site Plan •Final Platting •Zoning/Comp Amend c Accessory Dwelling SEPA Admin Exception ■Admin Interpretation Home Business Lic Other Development **Other Development could include,Zoning Letter,Floodplain,Shoreline,Alterations,Variances,Small Cell,CUP,Street Vacations,etc... Lan Feb MitacitiMetpr May Jun 1 Jul Aug Sepa Oct Nov Dec Boundary Line Adj 0 0 0 0 3 Short Plat 0 0 0 0 3 Long Plat 0 0 0 0 0 Binding Site Plan 0 0 0 0 0 Final Platting 0 0 0 0 0 Zoning/Comp Amend 0 0 0 0 0 Accessory Dwelling 0 0 1 0 0 SEPA 0 0 0 0 0 Admin Exception 2 0 3 0 1 Admin Interpretation 0 0 1 0 0 Home Business Lic 41 50 51 33 62 Other Development 2 1 2 4 8 Monthly Totals 45 51 58 m_ Annual-To-Date: 268 Created On: 6/2/2022 Page 8 of 12 Community & Public Works Department Monthly Report 5/1/2022 - 5/31/2022 Development Inspections Performed Community & Public Works Department performed a total of 1681 Development Inspections in MAY 2022. Development Inspections include building, planning, engineering and ROW Spokane Valley Development Inspections Performed 2000 1800 1600 1400 100 1000 800 600 400 200 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2020 2021 2022 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Totals 2022 1078 1252 1845 1831 1681 7,687 2021 927 991 1625 1758 1661 1533 1617 1550 1253 1345 1473 1372 17,105 2020 1011 1215 1260 857 1503 1745 1846 1622 1489 1461 1173 1104 16,286 IMonthly Totals 1011 1,215 1260 857 1503 1745 1846 1622 1489 1461 1173 1104 16,286 Annual-To-Date: 16,286 Created On: 6/2/2022 Page 9 of 12 Community & Public Works Department Monthly Report 5/1/2022 - 5/31/2022 Code Enforcement Code Enforcement Officers responded to 58 citizen requests in the month of MAY 2022. They are listed by type below. Please remember that all complaints, even those that have no violation, must be investigated Code Enforcement Complaints Investigated 80 70 I 60 ■ 50 40 - 30 - M ■ 20 - 10 - 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■CE-Stop Work Order Complaint (Non-Violent) •Environmental General Nuisance •Property Jan Feb Mar ARIEL May.. n Jul Aug Sep 4 Oct Nov Dec CE-Stop Work Order 0 0 0 0 0 Complaint (Non-Violent) 0 0 0 0 0 Environmental 1 0 1 1 0 General 3 0 0 1 1 Nuisance 34 29 57 26 46 Property 6 7 15 11 11 Monthly Totals • 44 I 36 73 39 58 0 0 0 „. Annual-To-Date: 250 Created On: 6/2/2022 Page 10 of 12 Community & Public Works Department Monthly Report 5/1/2022 - 5/31/2022 Revenue Community & Public Works Department Revenue,which are fees taken in on all applications, totaled $217,237 in MAY 2022. Spokane Valley Revenue Received $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov [} t2022 2021 5-Yr Trend Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals 2022 $173,509 $139,945 $171,413 $210,513 $217,237 $912,617 5-Yr Trend $366,357 $218,434 $271,256 $264,059 $285,589 $266,794 $282,184 $284,416 $244,563 $282,804 $255,050 $246,424 $3,267,931 2021 $1,087,310 $196,293 $364,569 $459,905 $239,948 $367,253 $433,461 $430,383 $323,636 $396,162 $292,643 $329,244 $4,920,807 2020 $230,256 $402,862 $371,956 $237,120 $402,525 $309,668 $226,943 $188,990 $268,487 $254,775 $246,368 $223,685 $3,363,635 2019 $162,441 $228,717 $265,529 $195,244 $241,906 $233,496 $355,943 $304,988 $228,157 $294,794 $299,906 $349,821 $3,160,942 2018 $177,431 $117,425 $220,845 $206,090 $234,009 $158,168 $260,179 $362,478 $253,342 $270,649 $204,016 $169,751 $2,634,383 2017 $174,349 $146,874 $133,382 $221,935 $309,558 $265,383 $134,394 $135,242 $149,194 $197,639 $232,319 $159,618 $2,259,887 Created On: 6/2/2022 Page 11 of 12 Community & Public Works Department Monthly Report 5/1/2022 - 5/31/2022 Building Permit Valuation Community&Public Works Department building permit valuation,which include,residential,commercial,reroof,FAS placed,totaled $24,027,391 in MAY 2022. Spokane Valley Permit Valuation $200,000,000 $180,000,000 $160,000,000 $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals f 5-Yr Trend 2021 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals 2022 $20,182,361 $31,376,013 $14,935,549 $32,649,784 $24,027,391 $123,171,098 5-Yr Trend $14,662,000 $49,352,000 $71,170,000 $22,362,000 $28,434,000 $26,908,000 $33,764,000 $17,058,000 $16,542,000 $21,406,000 $34,474,000 $18,254,000 $263.30M 2021 $8,860,000 $179,080,000 $16,720,000 $32,820,000 $22,430,000 $27,700,000 $65,190,000 $24,390,000 $18,160,000 $42,670,000 $17,710,000 $13,480,000 $469.21M 2020 $22,130,000 $20,750,000 $36,690,000 $27,670,000 $51,380,000 $29,930,000 $17,950,000 $7,610,000 $20,620,000 $15,270,000 $26,890,000 $21,380,000 $298.27M 2019 $5,660,000.00 $22,210,000.00 $19,460,000.00 $12,460,000.00 $23,150,000.00 $15,020,000.00 $46,650,000.00 $18,800,000.00 $14,360,000.00 $17,160,000.00 $35,210,000.00 $32,930,000.00 $263.07M 2018 $12,840,000.00 $6,350,000.00 $276,000,000.00 $7,870,000.00 $9,550,000.00 $26,260,000.00 $29,250,000.00 $25,440,000.00 $20,690,000.00 $21,880,000.00 $25,460,000.00 $6,700,000.00 $219.89M 2017 $23,820,000.00 $18,370,000.00 $6,980,000.00 $30,990,000.00 $35,660,000.00 $35,630,000.00 $9,780,000.00 $9,050,000.00 $8,880,000.00 $10,050,000.00 $67,100,000.00 $16,780,000.00 $2573.09M Created On: 6/2/2022 Page 12 of 12 'lane FINANCE DEPARTMENT SiIiane Chelsie Taylor,Finance Director Valle 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509)720-5000 •Fax: (509)720-5075 • www.spokanevalley.org Memorandum To: John Hohman, City Manager From: Chelsie Taylor, Finance Director Date: June 22, 2022 Re: Finance Department Activity Report—April 2022 Following is information pertaining to Finance Department activities through the end of April 2022 and included herein is an updated 2022 Budget to Actual Comparison of Revenues and Expenditures through the end of April. 2021 Year-end Process The 2021 books were closed during April. We have begun the preparation of the annual financial report and will have it completed by the end of May. We hope to have the State Auditor's Office on site by early June to begin the audit of 2021. 2022 Budclet Amendment As we have progressed through 2022 the need for a number of budget amendments has arisen. Council review will take place at the following meetings: • May 3 Admin Report • May 17 Public Hearing • May 17 First reading on proposed ordinance amending the 2022 Budget • May 31 Second reading on proposed ordinance amending the 2022 Budget 2023 Budclet Development The 2023 Budget development process began in the Finance Department in early March, and on April 5th we sent detailed budget requests to all departments to complete by mid-May. By the time the budget is scheduled to be adopted on November 8th, the Council will have had an opportunity to discuss the budget on seven occasions including three public hearings. • June 14 Council budget workshop • August 24 Admin report on 2023 revenues and expenditures • September 13 Public hearing #1 on the 2023 revenues and expenditures • October 4 City Manager's presentation of preliminary 2023 Budget • October 11 Public hearing #2 on 2023 Budget • October 25 First reading on proposed ordinance adopting the 2023 Budget • November 8 Public hearing #3 on the 2023 Budget • November 8 Second reading on proposed ordinance adopting the 2023 Budget P:1FinancelFinance Activity Reports\Council Monthly Reports1202212022 04 30.docx Page 1 Budciet to Actual Comparison Report A report reflecting 2022 Budget to Actual Revenues and Expenditures for those funds for which a 2022 Budget was adopted is located on pages 5 through 18. Because we attempt to provide this information in a timely manner, this report is prepared from records that are not formally closed by the Finance Department at month end or reconciled to bank records. Although it is realistic to expect the figures will change over subsequent weeks, I believe the report is materially accurate. We've included the following information in the report: • Revenues by source for all funds, and expenditures by department in the General Fund and by type in all other funds. • A breakdown between recurring and nonrecurring revenues and expenditures in the General Fund, Street O&M Fund and Stormwater Fund. • The change in fund balance including beginning and ending figures. The beginning fund balance figures are those that are reflected in our 2021 Annual Financial Report. • Columns of information include: o The 2022 Budget as adopted o April 2022 activity o Cumulative 2022 activity through April 2022 o Budget remaining in terms of dollars o The percent of budgeted revenue collected or budgeted expenditures disbursed A few points related to the General Fund #001 (page 5): Recurring revenues collections are currently at 22.01% of the amount budgeted with 33.33% of the year elapsed. • Property taxes are paid to Spokane County in two installments each year on April 30 and October 31 and are then remitted to the City primarily in May and November with lesser amounts typically remitted in June and December. Property taxes received thus far in 2022 are $809,212 or 6.13% of the amount budgeted. • Sales tax collections represent only three months of collections thus far because taxes collected in April are not remitted to the City by the State until the latter part of May. Collections are currently at$7,252,498 or 26.16% of the amount budgeted. • Gambling taxes are at $10,232 or 2.80% of the amount budgeted. Gambling taxes are paid quarterly with first quarter payments due by April 30. • Franchise Fee and Business Registration revenues are typically received in the month following a calendar year quarter. So far in 2022 we have received $82,824 or 6.82% of the amount budgeted. • State shared revenues are composed of State of Washington distributions that include items such as liquor board profits, liquor excise tax, streamlined sales tax mitigation and criminal justice monies. Most of these revenues are paid by the State in the month following a calendar quarter. Through April we've received remittances totaling $637,832 or 31.96% of the amount budgeted. • Fines and forfeitures revenues are composed of monthly remittances from Spokane County with payments made in the month following the actual assessment of a fine and false alarm fees. Through April we've received remittances through the month of March with receipts of $118,510 or 22.46% of the amount budgeted. • Community and Public Works service revenues are largely composed of building permit and plan review fees as well as right of way permits. Revenues are currently at $1,380,940 or 52.38% of the amount budgeted. P:1FinancelFinance Activity Reports\Council Monthly Reports1202212022 04 30.docx Page 2 • Recreation program revenues are composed of revenues generated by the variety of parks and recreation programs including classes, swimming pools (in-season), and CenterPlace. Currently, revenues total $230,591 or 35.34% of the amount budgeted. Recurring expenditures are currently at$12,872,146 or 26.59% of the amount budgeted with 33.33% of the year elapsed. Investments (page 19) Investments at April 30 total $88,401,388 and are composed of $83,305,524 in the Washington State Local Government Investment Pool and $5,095,864 in bank CDs. Total Sales Tax Receipts (page 20) Total sales tax receipts reflect State remittances through April and total $8,193,829 including general, criminal justice, and public safety taxes. This figure is $242,126 or 3.04% greater than the same twelve-month period in 2021. Economic Indicators (pages 21 —23) The following economic indicators provide information pertaining to three different sources of tax revenue that provide a good gauge of the health and direction of the overall economy. 1. Sales taxes (page 21) provide a sense of how much individuals and businesses are spending on the purchase of goods. 2. Hotel / Motel taxes (page 22) provide us with a sense of overnight stays and visits to our area by tourists or business travelers. 3. Real Estate Excise taxes (page 23) provide us with a sense of real estate sales. Page 21 provides a 10-year history of general sales tax receipts (not including public safety or criminal justice) with monthly detail beginning January 2013. • Compared with calendar year 2021, 2022 collections have increased by $133,625 or 1.88%. • Tax receipts reached an all-time high in 2021 of $31,499,534, besting the previous record year of 2020 when $25,238,481 was collected. Page 22 provides a 10-year history of hotel/motel tax receipts with monthly detail beginning January 2013. • Compared with calendar year 2021, 2022 collections have increased by $44,028 or 50.27%. • Collections reached an all-time high in 2021 of $744,437, besting the previous record of $743,851 in 2019. Page 23 provides a 10-year history of real estate excise tax receipts with monthly detail beginning January 2013. • Compared with calendar year 2021, 2022 collections have increased by$143,957 or 13.59%. • Collections reached an all-time high in 2021 of$6,218,227. Debt Capacity and Bonds Outstandinci (page 24) This page provides information on the City's debt capacity, or the dollar amount of General Obligation (G.O.) Bonds the City may issue, as well as an amortization schedule of the bonds the City currently has outstanding. • The maximum amount of G.O. bonds the City may issue is determined by the assessed value for property taxes which for 2022 is $12,919,694,944. Following the December 1, 2021 debt service payments, the City has $10,485,000 of nonvoted G.O. bonds outstanding which P:1FinancelFinance Activity Reports\Council Monthly Reports1202212022 04 30.docx Page 3 represents 5.41% of our nonvoted bond capacity, and 1.08% of our total debt capacity for all types of bonds. Of this amount: o $3,780,000 remains on bonds issued for the construction of CenterPlace. These bonds are repaid with a portion of the 1/10 of 1% sales tax that is collected by the Spokane Public Facilities District. o $305,000 remains on bonds issued for road and street improvements around CenterPlace. The bonds are repaid with a portion of the real estate excise tax collected by the City. o $6,400,000 remains on bonds issued for construction of the new City Hall. The bonds are repaid with General Fund revenues. Street Fund Revenue Sources (pages 25 and 26) The last two charts reflect a history for the two primary sources of revenue in Street Fund #101. These include: Page 25 provides a 10-year history of Motor Vehicle Fuel Tax collections with monthly detail beginning January 2013. • Compared with calendar year 2021, 2022 collections have increased by $41,342 or 10.03%. • Tax receipts peaked in 2007 at just approximately $2.1 million and have generally ranged around $2 million in the years 2013 through 2021. Page 26 provides a 10-year history of Telephone Utility Tax collections with monthly detail beginning January 2013. • Compared with 2021, 2022 collections have decreased by $15,224 or 5.94%. Unlike tax revenues collected by the State and remitted monthly, these taxes are paid to the City directly by the service provider. Consequently, there is not a "clean cutoff' in terms of when a vendor pays the tax. • Tax receipts peaked in 2009 at $3,054,473 and have decreased each year since due to what we suspect is the reduction in land lines by individual households as well as a reallocation of revenues from voice plans to data plans by cell phone companies. • The 2022 Budget was adopted with a revenue estimate of $932,000. We will watch actual receipts closely as the year progresses. P:1FinancelFinance Activity Reports\Council Monthly Reports1202212022 04 30.docx Page 4 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget #001 -GENERAL FUND RECURRING ACTIVITY Revenues Property Tax 13,199,900 726,937 809,212 (12,390,688) 6.13% Sales Tax 27,720,000 2,256,314 7,252,498 (20,467,502) 26.16% Sales Tax-Public Safety 1,276,000 105,759 340,635 (935,365) 26.70% Sales Tax-Criminal Justice 2,244,000 188,247 600,697 (1,643,303) 26.77% Gambling Tax and Leasehold Excise Tax 365,000 8,859 10,232 (354,768) 2.80% Franchise Fees/Business Registration 1,215,000 20,424 82,824 (1,132,176) 6.82% State Shared Revenues 1,995,500 372,773 637,832 (1,357,668) 31.96% Fines, Forfeitures and Penalties 527,700 40,539 118,510 (409,190) 22.46% Community and Public Works 2,636,200 324,553 1,380,940 (1,255,260) 52.38% Recreation Program Revenues 652,400 115,448 230,591 (421,809) 35.34% Grant Proceeds 260,000 0 0 (260,000) 0.00% Miscellaneous Department Revenue 22,500 2 19,559 (2,941) 86.93% Miscellaneous&Investment Interest 288,500 21,739 59,450 (229,050) 20.61% Transfers in-#105(h/m tax-CP advertising) 30,000 0 0 (30,000) 0.00% Total Recurring Revenues 52,432,700 4,181,592 11,542,980 (40,889,720) 22.01% Expenditures City Council 645,170 56,821 219,072 426,098 33.96% City Manager 1,466,305 64,427 291,145 1,175,160 19.86% City Attorney 747,890 62,745 225,970 521,920 30.21% Public Safety 29,804,434 2,202,549 8,599,053 21,205,381 28.85% Deputy City Manager 295,477 43,103 164,919 130,558 55.81% Finance 1,571,443 100,254 445,317 1,126,126 28.34% Human Resources 330,321 26,394 106,316 224,005 32.19% Information Technology 0 32,845 83,268 (83,268) 0.00% City Facilities Operations and Maintenance 400,020 30,847 131,760 268,260 32.94% Community&Public Works-Administration 0 24,522 62,494 (62,494) 0.00% Community&Public Works-Engineering 2,440,282 142,791 606,504 1,833,778 24.85% Community&Public Works-Building 2,631,423 123,019 637,282 1,994,141 24.22% Community&Public Works-Planning 0 59,944 145,284 (145,284) 0.00% Economic Development 1,188,268 87,030 326,388 861,880 27.47% Parks&Rec-Administration 351,018 34,199 103,354 247,664 29.44% Parks&Rec-Maintenance 950,455 75,047 237,831 712,624 25.02% Parks&Rec-Recreation 330,687 12,802 55,625 275,062 16.82% Parks&Rec-Aquatics 538,700 928 5,439 533,261 1.01% Parks&Rec-Senior Center 36,801 55 3,446 33,355 9.36% Parks&Rec-CenterPlace 970,375 44,192 245,005 725,370 25.25% General Government 1,703,713 58,917 176,674 1,527,039 10.37% Transfers out-#204('16 LTGO bond debt service) 401,400 0 0 401,400 0.00% Transfers out-#309(park capital projects) 160,000 0 0 160,000 0.00% Transfers out-#311 (pavement preservation) 1,001,800 0 0 1,001,800 0.00% Transfers out-#502(insurance premium) 450,000 0 0 450,000 0.00% Total Recurring Expenditures 48,415,982 3,283,431 12,872,146 35,543,836 26.59% Recurring Revenues Over(Under) Recurring Expenditures 4,016,718 898,161 (1,329,166) (5,345,884) Page 5 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget #001 -GENERAL FUND-continued NONRECURRING ACTIVITY Revenues Transfers in-#312 1,400,000 0 0 (1,400,000) 0.00% Coronavirus Local Fiscal Recovery Funds 0 0 0 0 0.00% Total Nonrecurring Revenues 1,400,000 0 0 (1,400,000) 0.00% Expenditures City Manager(office furniture) 5,000 0 1,646 3,354 32.92% Public Safety(radar trailer) 24,000 0 34,678 (10,678) 144.49% Public Safety(police vehicles) 1,455,000 0 0 1,455,000 0.00% Public Safety(replace carpet at Precinct) 25,000 0 0 25,000 0.00% Public Safety(repaint Precinct exterior) 50,000 0 0 50,000 0.00% Public Safety(tree&debris removal from back lot) 8,000 0 0 8,000 0.00% City Hall Repairs 0 49,480 88,397 (88,397) 0.00% Parks&Rec(repaint portico at CenterPlace) 12,000 0 0 12,000 0.00% Parks&Rec(replace carpet at CenterPlace) 26,700 0 0 26,700 0.00% Parks&Rec(repair plumbing systems at pools) 30,000 0 0 30,000 0.00% Financial Software Capital Costs 1,000,000 0 0 1,000,000 0.00% General Government-IT capital replacements 136,000 0 702 135,298 0.52% General Government(Covid-19 Related Costs) 0 2,756 6,620 (6,620) 0.00% Transfers out-#101 (Street Fund operations) 2,820,419 0 0 2,820,419 0.00% Transfers out-#122(replenish reserve) 0 0 0 0 0.00% Transfers out-#501 (vehicle for Code Enf.Supervi. 40,000 0 0 40,000 0.00% Total Nonrecurring Expenditures 5,632,119 52,236 132,043 5,500,076 2.34% Nonrecurring Revenues Over(Under) Nonrecurring Expenditures (4,232,119) (52,236) (132,043) 4,100,076 Excess(Deficit)of Total Revenues Over(Under)Total Expenditures (215,401) 845,926 (1,461,210) (1,245,809) Beginning fund balance 44,206,845 44,206,845 Ending fund balance 43,991,444 42,745,635 Page 6 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget SPECIAL REVENUE FUNDS #101 -STREET FUND RECURRING ACTIVITY Revenues Telephone Utility Tax 932,000 39,669 201,839 (730,161) 21.66% Motor Vehicle Fuel(Gas)Tax 1,896,000 134,616 451,679 (1,444,321) 23.82% Multimodal Transportation 130,200 0 34,414 (95,786) 26.43% Right-of-Way Maintenance Fee 85,000 0 0 (85,000) 0.00% Investment Interest 500 81 161 (339) 32.17% Miscellaneous Revenue 10,000 0 0 (10,000) 0.00% Total Recurring Revenues 3,053,700 174,365 688,093 (2,365,607) 22.53% Expenditures Wages/Benefits/Payroll Taxes 1,128,523 98,386 469,586 658,937 41.61% Supplies 176,700 30,298 60,107 116,593 34.02% Services&Charges 2,698,644 79,247 322,724 2,375,921 11.96% Snow Operations 890,502 71,019 645,026 245,476 72.43% Intergovernmental Payments 909,000 830 79,799 829,201 8.78% Vehicle Rentals-#501 (non-plow vehicle rental) 10,250 0 0 10,250 0.00% Vehicle Rentals-#501 (plow replace) 60,500 0 0 60,500 0.00% Total Recurring Expenditures 5,874,119 279,780 1,577,241 4,296,878 26.85% Recurring Revenues Over(Under) Recurring Expenditures (2,820,419) (105,415) (889,148) 1,931,271 NONRECURRING ACTIVITY Revenues Insurance Proceeds(traffic signal cabinet) 0 0 211 211 0.00% Transfers in-#001 2,820,419 0 0 (2,820,419) 0.00% Transfers in-#122 0 0 0 0 0.00% Total Nonrecurring Revenues 2,820,419 0 211 (2,820,208) 0.01% Expenditures Generator for Maintenance Shop 50,000 0 0 50,000 0.00% Streetlight Replacement Program 35,500 35,409 35,409 91 99.74% Transfers out-#501 80,000 0 0 80,000 0.00% Total Nonrecurring Expenditures 165,500 35,409 35,409 130,091 21.39% Nonrecurring Revenues Over(Under) Nonrecurring Expenditures 2,654,919 (35,409) (35,198) (2,690,117) Excess(Deficit)of Total Revenues Over(Under)Total Expenditures (165,500) (140,823) (924,346) (758,846) Beginning fund balance 1,156,301 1,156,301 Ending fund balance 990,801 231,955 #103-PATHS&TRAILS Revenues Motor Vehicle Fuel(Gas)Tax 8,000 568 1,905 (6,095) 23.81% Investment Interest 100 8 15 (85) 15.32% Total revenues 8,100 576 1,920 (6,180) 23.71% Expenditures Capital Outlay 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over(under)expenditures 8,100 576 1,920 (6,180) Beginning fund balance 29,558 29,558 Ending fund balance 37,658 31,479 Page 7 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget SPECIAL REVENUE FUNDS-continued #104-TOURISM FACILITIES HOTEL/MOTEL TAX FUND Revenues Tourism Facilities Hotel/Motel Tax 400,000 29,959 87,633 (312,367) 21.91% Investment Interest 2,500 1,275 2,065 (435) 82.59% Total revenues 402,500 31,234 89,698 (312,802) 22.29% Expenditures Capital Outlay 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over(under)expenditures 402,500 31,234 89,698 (312,802) Beginning fund balance 4,672,194 4,672,194 Ending fund balance 5,074,694 4,761,892 #106-HOTEL/MOTEL TAX FUND Revenues Hotel/Motel Tax 600,000 44,483 131,611 (468,389) 21.94% Investment Interest 1,000 80 403 (597) 40.32% Total revenues 601,000 44,563 132,014 (468,986) 21.97% Expenditures Transfers out-#001 30,000 0 0 30,000 0.00% Transfers out-#104 0 0 0 0 0.00% Tourism Promotion 571,000 0 0 571,000 0.00% Total expenditures 601,000 0 0 601,000 0.00% Revenues over(under)expenditures 0 44,563 132,014 (1,069,986) Beginning fund balance 165,000 165,000 Ending fund balance 165,000 297,014 #106-SOLID WASTE Revenues Solid Waste Administrative Fees 225,000 13,948 41,497 183,503 18.44% Solid Waste Road Wear Fee 1,600,000 163,012 485,000 1,115,000 30.31% Investment Interest 7,000 395 1,014 5,986 14.48% Total revenues 1,832,000 177,355 527,511 1,304,489 28.79% Expenditures Transfers out-#311 1,600,000 0 0 1,600,000 0.00% Education&Contract Administration 232,000 1,977 16,443 215,557 7.09% Total expenditures 1,832,000 1,977 16,443 1,815,557 0.90% Revenues over(under)expenditures 0 175,377 511,068 (511,068) Beginning fund balance 1,140,119 1,140,119 Ending fund balance 1,140,119 1,651,187 #107-PEG FUND Revenues Comcast PEG Contribution 79,000 16,923 16,923 62,077 21.42% Investment Interest 0 44 82 (82) 0.00% Total revenues 79,000 16,967 17,004 61,996 21.52% Expenditures PEG Reimbursement-CMTV 39,500 0 0 39,500 0.00% Capital Outlay 33,500 0 0 33,500 0.00% Total expenditures 73,000 0 0 73,000 0.00% Revenues over(under)expenditures 6,000 16,967 17,004 (11,004) Beginning fund balance 165,895 165,895 Ending fund balance 171,895 182,900 Page 8 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget SPECIAL REVENUE FUNDS-continued #108-AFFORDABLE&SUPPORTIVE HOUSING TAX FUND Revenues Affordable&Supportive Housing Tax 193,000 0 32,872 160,128 17.03% Investment Interest 0 107 196 (196) 0.00% Total revenues 193,000 107 33,068 159,932 17.13% Expenditures Affordable&Supportive Housing Program 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over(under)expenditures 193,000 107 33,068 159,932 Beginning fund balance 367,327 367,327 Ending fund balance 560,327 400,395 #120-CENTER PLACE OPERATING RESERVE FUND Revenues Investment Interest 0 0 0 0 0.00% Transfers in 0 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over(under)expenditures 0 0 0 0 Beginning fund balance 300,000 300,000 Ending fund balance 300,000 300,000 #121 -SERVICE LEVEL STABILIZATION RESERVE FUND Revenues Investment Interest 0 0 0 0 0.00% Transfers in 0 0 0 0 0.00% Total revenues 0 0 0 0 0.00% Expenditures Operations 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over(under)expenditures 0 0 0 0 Beginning fund balance 5,500,000 5,500,000 Ending fund balance 5,500,000 5,500,000 #122-WINTER WEATHER RESERVE FUND Revenues Investment Interest 800 116 234 (566) 29.28% Transfers in-#001 0 0 0 0 0.00% Subtotal revenues 800 116 234 (566) 29.28% Expenditures Snow removal expenses 500,000 0 0 500,000 0.00% Transfers out-#101 0 0 0 0 0.00% Total expenditures 500,000 0 0 500,000 0.00% Revenues over(under)expenditures (499,200) 116 234 (500,566) Beginning fund balance 434,887 434,887 Ending fund balance (64,313) 435,122 Page 9 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget DEBT SERVICE FUNDS #204-DEBT SERVICE FUND Revenues Spokane Public Facilities District 501,200 0 0 (501,200) 0.00% Transfers in-#001 401,400 0 0 (401,400) 0.00% Transfers in-#301 81,100 0 0 (81,100) 0.00% Transfers in-#302 81,100 0 0 (81,100) 0.00% Total revenues 1,064,800 0 0 (1,064,800) 0.00% Expenditures Debt Service Payments-CenterPlace 501,200 0 0 501,200 0.00% Debt Service Payments-Roads 162,200 0 0 162,200 0.00% Debt Service Payments-'16 LTGO Bond 401,400 0 0 401,400 0.00% Total expenditures 1,064,800 0 0 1,064,800 0.00% Revenues over(under)expenditures 0 0 0 (2,129,600) Beginning fund balance 0 0 Ending fund balance 0 0 Page 10 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget CAPITAL PROJECTS FUNDS #301 -CAPITAL PROJECTS FUND Revenues REET 1 -Taxes 1,500,000 271,634 601,444 (898,556) 40.10% Investment Interest 2,000 1,221 2,413 413 120.67% Total revenues 1,502,000 272,855 603,857 (898,143) 40.20% Expenditures Transfers out-#204 81,100 0 0 81,100 0.00% Transfers out-#303 361,780 0 0 361,780 0.00% Transfers out-#311 (pavement preservation) 914,900 0 0 914,900 0.00% Total expenditures 1,357,780 0 0 1,357,780 0.00% Revenues over(under)expenditures 144,220 272,855 603,857 (2,255,923) Beginning fund balance 3,958,748 3,958,748 Ending fund balance 4,102,968 4,562,605 #302-SPECIAL CAPITAL PROJECTS FUND Revenues REET 2-Taxes 1,500,000 271,634 601,444 (898,556) 40.10% Investment Interest 5,000 1,562 3,232 (1,768) 64.64% Total revenues 1,505,000 273,196 604,675 (900,325) 40.18% Expenditures Transfers out-#204 81,100 0 0 81,100 0.00% Transfers out-#303 1,113,649 0 0 1,113,649 0.00% Transfers out-#311 (pavement preservation) 914,900 0 0 914,900 0.00% Total expenditures 2,109,649 0 0 2,109,649 0.00% Revenues over(under)expenditures (604,649) 273,196 604,675 (3,009,974) Beginning fund balance 5,230,856 5,230,856 Ending fund balance 4,626,207 5,835,531 Page 11 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget CAPITAL PROJECTS FUNDS-continued #303 STREET CAPITAL PROJECTS FUND Revenues Developer Contribution 1,164,399 0 0 (1,164,399) 0.00% Grant Proceeds 6,956,322 33,466 160,700 (6,795,622) 2.31% Transfers in-#301 361,780 0 1,116 (360,664) 0.31% Transfers in-#302 1,113,649 0 4,300 (1,109,349) 0.39% Transfers in-#312 225,000 0 338 (224,662) 0.15% Transfers in-#315 150,000 0 0 (150,000) 0.00% Investment Interest 0 476 704 704 0.00% Total revenues 9,971,150 33,941 167,157 (9,803,993) 1.68% Expenditures 205 Sprague/Barker Intersection Improvement 1,871,500 25,632 134,194 1,737,306 7.17% 249 Sullivan&Wellesley Intersection 1,903,176 2,845 8,394 1,894,782 0.44% 275 Barker Rd Widening-River to Euclid 0 295 7,465 (7,465) 0.00% 293 2018 CSS Citywide Reflective Signal BP 8,250 101 382 7,868 4.63% 294 Citywide Reflective Post Panels 3,575 0 2,990 585 83.64% 299 Argonne Rd Concrete Pvmt Indiana to Mont 130,017 5,530 6,246 123,771 4.80% 300 Pines&Mission Intersection Improvements 1,746,643 13,941 51,611 1,695,032 2.95% 310 Sullivan Rd Overcrossing UP RR Deck Rep. 0 0 0 0 0.00% 313 Barker Road/Union Pacific Crossing 1,444,000 21,587 37,672 1,406,328 2.61% 318 Wilbur Sidewalk: Boone to Mission 572,909 14,300 42,702 530,207 7.45% 320 Sullivan Preservation:Sprague-8th 412,000 2,472 14,468 397,532 3.51% 326 2020 Citywide Retroreflective Post Panel 142,880 127 2,671 140,209 1.87% 329 Barker Road Imp-City Limits to Appleway 250,000 134 7,365 242,635 2.95% 330 WTSC 2021 School Zone Beacons 225,000 0 0 225,000 0.00% 332 NE Industrial Area-Sewer Extension 0 739 6,480 (6,480) 0.00% 335 Mission Ave over Evergreen Rd Deck Repair 261,200 1,127 3,695 257,505 1.41% 340 8th Ave Sidewalk(Coleman to Park) 0 237 946 (946) 0.00% 343 Buckeye Avenue Sewer Extension 0 1,209 1,209 (1,209) 0.00% Contingency 1,000,000 0 0 1,000,000 0.00% Total expenditures 9,971,150 90,277 328,490 9,642,660 3.29% Revenues over(under)expenditures 0 (56,336) (161,333) (19,446,654) Beginning fund balance 67,620 67,620 Ending fund balance 67,620 (93,713) Note: Work performed in the Street Capital Projects Fund for preservation projects is for items such as sidewalk upgrades that were bid with the pavement preservation work. Page 12 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget CAPITAL PROJECTS FUNDS-continued #309-PARKS CAPITAL PROJECTS FUND Revenues Grant Proceeds 126,100 0 0 (126,100) 0.00% Transfers in-#001 160,000 0 0 (160,000) 0.00% Transfers in-#312 4,522,420 0 0 (4,522,420) 0.00% Total revenues 4,808,520 0 0 (4,808,520) 0.00% Expenditures 304 CenterPlace West Lawn Phase 2 0 0 145 (145) 0.00% 315 Brown's Park 2020 Improvements 0 93 755 (755) 0.00% 316 Balfour Park Improvements-Phase 1 3,507,520 2,084 61,298 3,446,222 1.75% 328 Sullivan Park Waterline 441,000 1,420 (4,111) 445,111 -0.93% 338 Loop Trail Project 700,000 6,802 42,255 657,745 6.04% Replace Pond Liner at Mirabeau 80,000 0 0 80,000 0.00% Total expenditures 4,728,520 10,399 100,341 4,628,179 2.12% Revenues over(under)expenditures 80,000 (10,399) (100,341) (9,436,699) Beginning fund balance 18,255 18,255 Ending fund balance 98,255 (82,086) #310-CIVIC FACILITIES CAPITAL PROJECTS FUND Revenues Investment Interest 1,300 225 414 (886) 31.87% Total revenues 1,300 225 414 (886) 31.87% Expenditures Transfers out-#312 0 0 0 0 0.00% Total expenditures 0 0 0 0 0.00% Revenues over(under)expenditures 1,300 225 414 (886) Beginning fund balance 840,056 840,056 Ending fund balance 841,356 840,471 Note: The fund balance includes$839,285.10 paid by the Library District for 2.82 acres at the Balfour Park site. If the District does not succeed in getting a voted bond approved by October 2017 then the City may repurchase this land at the original sale price of$839,285.10. Page 13 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget CAPITAL PROJECTS FUNDS-continued #311 -PAVEMENT PRESERVATION FUND Revenues Transfers in-#001 1,001,800 0 0 (1,001,800) 0.00% Transfers in-#106 1,600,000 0 0 (1,600,000) 0.00% Transfers in-#301 914,900 0 0 (914,900) 0.00% Transfers in-#302 914,900 0 0 (914,900) 0.00% Grant Proceeds 1,029,000 0 35,027 (993,973) 3.40% Investment Interest 0 1,477 2,003 2,003 0.00% Total revenues 5,460,600 1,477 37,030 (5,423,570) 0.68% Expenditures Pre-Project GeoTech Services 50,000 0 0 50,000 0.00% Pavement Preservation 7,202,000 0 0 7,202,000 0.00% 292 Mullen Preservation: Broadway-Mission 0 0 31 (31) 0.00% 309 Local Access Streets: Barker Homes 0 150 182 (182) 0.00% 314 Balfour Park Frontage Improvements 0 0 13 (13) 0.00% 320 Sullivan Preservation:Sprague-8th 0 1,220 11,740 (11,740) 0.00% 323 Evergreen Road Preservation Project 0 0 67 (67) 0.00% 325 2021 Local Access Streets:South Park Rd 0 0 31 (31) 0.00% 333 Evergreen Rd Pres Broadway to Mission 0 18,455 24,905 (24,905) 0.00% 334 Sprague Avenue Preservation 0 4,736 40,477 (40,477) 0.00% 339 2022 Local Access Streets:Summerfield E 0 2,415 11,055 (11,055) 0.00% 341 Broadway Preservation-Fancher to Park 0 0 122 (122) 0.00% Total expenditures 7,252,000 26,977 88,624 7,163,376 1.22% Revenues over(under)expenditures (1,791,400) (25,500) (51,594) (12,586,947) Beginning fund balance 5,544,088 5,544,088 Ending fund balance 3,752,688 5,492,494 #312-CAPITAL RESERVE FUND Revenues Transfers in-#310 0 0 0 0 0.00% Investment Interest 10,000 3,889 7,259 (2,741) 72.59% Total revenues 10,000 3,889 7,259 (2,741) 72.59% Expenditures Transfers out-#001 1,400,000 0 0 1,400,000 0.00% Transfers out-#303 225,000 0 0 225,000 0.00% Transfers out-#309 4,522,420 0 0 4,522,420 0.00% Transfers out-#314 826,290 0 0 826,290 0.00% Transfers out-#316 750,000 0 0 750,000 0.00% Total expenditures 7,723,710 0 0 7,723,710 0.00% Revenues over(under)expenditures (7,713,710) 3,889 7,259 (7,726,451) Beginning fund balance 14,522,386 14,522,386 Ending fund balance 6,808,676 14,529,644 Page 14 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget CAPITAL PROJECTS FUNDS-continued #314-RAILROAD GRADE SEPARATION PROJECTS FUND Revenues Grant Proceeds 1,560,290 41,279 120,237 (1,440,053) 7.71% Investment Interest 0 73 73 73 0.00% Transfers in-#312 826,290 0 433 (825,857) 0.05% Developer Contribution 308,592 0 0 (308,592) 0.00% Miscellaneous Revenues 0 1,500 6,000 6,000 0.00% Total revenues 2,695,172 42,852 126,743 (2,568,429) 4.70% Expenditures 143 Barker Rd/BNSF Grade Separation 1,307,293 59,369 91,866 1,215,427 7.03% 223 Pines Rd Underpass 1,366,585 85,230 230,539 1,136,046 16.87% 311 Sullivan Rd./SR 290 Interchange Project 101,385 1,639 13,314 88,071 13.13% Total expenditures 2,775,263 146,238 335,719 2,439,544 12.10% Revenues over(under)expenditures (80,091) (103,386) (208,976) (5,007,973) Beginning fund balance 589,792 589,792 Ending fund balance 509,701 380,816 #316-TRANSPORTATION IMPACT FEES Revenues Transportation Impact Fees 200,000 12,065 76,579 (123,421) 38.29% Investment Interest 0 96 167 167 0.00% Total revenues 200,000 12,161 76,746 (123,254) 38.37% Expenditures Transfers out-#303 150,000 0 0 150,000 0.00% Total expenditures 150,000 0 0 150,000 0.00% Revenues over(under)expenditures 50,000 12,161 76,746 (273,254) Beginning fund balance 294,607 294,607 Ending fund balance 344,607 371,353 #316-ECONOMIC DEVELOPMENT CAPITAL PROJECT FUND Revenues Transfers in-#312 750,000 0 0 (750,000) 0.00% Investment Interest 0 0 0 0 0.00% Total revenues 750,000 0 0 (750,000) 0.00% Expenditures Fair&Expo Center Expansion 750,000 160 6,549 743,451 0.87% Total expenditures 750,000 160 6,549 743,451 0.87% Revenues over(under)expenditures 0 (160) (6,549) (1,493,451) Beginning fund balance 0 0 Ending fund balance 0 (6,549) Page 15 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget ENTERPRISE FUNDS #402-STORMWATER FUND RECURRING ACTIVITY Revenues Stormwater Management Fees 1,910,000 117,185 125,218 (1,784,782) 6.56% Investment Interest 2,000 636 1,173 (827) 58.63% Total Recurring Revenues 1,912,000 117,821 126,391 (1,785,609) 6.61% Expenditures Wages/Benefits/Payroll Taxes 560,631 29,535 120,858 439,773 21.56% Supplies 18,150 4,216 5,712 12,438 31.47% Services&Charges 1,248,395 71,059 129,309 1,119,086 10.36% Intergovernmental Payments 45,000 0 0 45,000 0.00% Vehicle Rentals-#501 6,750 0 0 6,750 0.00% Total Recurring Expenditures 1,878,926 104,809 255,880 1,623,046 13.62% Recurring Revenues Over(Under) Recurring Expenditures 33,074 13,011 (129,489) (162,563) NONRECURRING ACTIVITY Revenues Grant Proceeds 0 0 0 0 0.00% Total Nonrecurring Revenues 0 0 0 0 0.00% Expenditures Capital-various projects 315,000 0 0 315,000 0.00% 300 Pines&Mission Intersection Improvement 0 0 85 (85) 0.00% 314 Balfour Park Frontage Improvements 0 691 2,178 (2,178) 0.00% Watershed Studies 100,000 0 28,546 71,454 28.55% Generator for Maint.Shop (1/2 cost to#101) 50,000 0 0 50,000 0.00% Stormwater Comprehensive Plan 100,000 0 497 99,503 0.50% Total Nonrecurring Expenditures 565,000 691 31,306 533,694 5.54% Nonrecurring Revenues Over(Under) Nonrecurring Expenditures (565,000) (691) (31,306) 533,694 Excess(Deficit)of Total Revenues Over(Under)Total Expenditures (531,926) 12,320 (160,795) 371,131 Beginning working capital 2,401,719 2,401,719 Ending working capital 1,869,793 2,240,924 Note: Work performed in the Stormwater Fund for preservation projects is for storm water improvements that were bid with the pavement preservation work. #403-AQUIFER PROTECTION AREA Revenues Spokane County 460,000 0 0 (460,000) 0.00% Grant Proceeds 1,881,600 84,803 381,470 (1,500,130) 20.27% Developer Contribution 0 0 0 0 0.00% Investment Interest 1,900 175 256 (1,644) 13.48% Total revenues 2,343,500 84,979 381,726 (1,961,774) 16.29% Expenditures Capital-various projects 3,008,800 11,732 44,822 2,963,978 1.49% Effectiveness study 55,000 0 0 55,000 0.00% Total expenditures 3,063,800 11,732 44,822 3,018,978 1.46% Revenues over(under)expenditures (720,300) 73,246 336,904 (4,980,753) Beginning working capital 442,940 442,940 Ending working capital (277,360) 779,844 Page 16 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget INTERNAL SERVICE FUNDS #601 -ER&R FUND Revenues Interfund vehicle lease-#001 31,300 0 0 (31,300) 0.00% Interfund vehicle lease-#101 10,250 0 0 (10,250) 0.00% Interfund vehicle lease-#101 (plow replace) 60,500 0 0 (60,500) 0.00% Interfund vehicle lease-#402 6,750 0 0 (6,750) 0.00% Transfers in-#001 (Code Enforcement Vehicle) 40,000 0 0 (40,000) 0.00% Transfers in-#101 (Additional dump bed truck) 80,000 0 0 (80,000) 0.00% Investment Interest 1,200 377 689 (511) 57.39% Total revenues 230,000 377 689 (229,311) 0.30% Expenditures Wages/Benefits/Payroll Taxes 0 1,430 15,271 (15,271) 0.00% Small tools&minor equipment 10,000 581 2,840 7,160 28.40% Equipment repair&maintenance 0 0 174 (174) 0.00% Vehicle purchase 512,500 0 0 512,500 0.00% Total expenditures 522,500 2,011 18,286 504,214 3.50% Revenues over(under)expenditures (292,500) (1,634) (17,597) (733,526) Beginning working capital 1,425,472 1,425,472 Ending working capital 1,132,972 1,407,875 #602-RISK MANAGEMENT FUND Revenues Investment Interest 0 0 0 0 0.00% Transfers in-#001 450,000 0 0 (450,000) 0.00% Total revenues 450,000 0 0 (450,000) 0.00% Expenditures Auto&Property Insurance 450,000 0 417,837 32,163 92.85% Unemployment Claims 0 0 0 0 0.00% Total expenditures 450,000 0 417,837 32,163 92.85% Revenues over(under)expenditures 0 0 (417,837) (482,163) Beginning working capital 392,820 392,820 Ending working capital 392,820 (25,017) Page 17 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA Budget Year 2022 Budget to Actual Comparison of Revenues and Expenditures Elapsed= 33.33% For the Four-Month Period Ended April 30,2022 2022 Actual Actual through Budget %of Budget April April 30 Remaining Budget FIDUCIARY FUNDS #632-PASSTHROUGH FEES&TAXES Revenues Passthrough Fees&Taxes 400,000 37,958 91,747 (308,253) 22.94% Total revenues 400,000 37,958 91,747 (308,253) 22.94% Expenditures Passthrough Fees&Taxes 400,000 35,885 79,552 320,448 19.89% Total expenditures 400,000 35,885 79,552 320,448 19.89% Revenues over(under)expenditures 0 2,073 12,195 (628,701) Beginning working capital 0 0 Ending working capital 0 12,195 SUMMARY FOR ALL FUNDS Total of Revenues for all Funds 96,127,261 5,508,606 15,257,166 Per Revenue Status Report 96,127,261 5,508,606 15,257,166 Difference - - - Total of Expenditures for all Funds 107,856,818 4,082,012 16,340,686 Per Expenditure Status Report 107,856,818 4,082,012 16,340,686 Difference - - - Total Capital expenditures(included in total expenditures) 32,082,233 321,883 979,242 Page 18 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA 5/19/2022 Investment Report For the Four-Month Period Ended April 30,2022 NW Bank Gesa Total LGIP" CD#2068 CD#7868 Investments Beginning $ 81,923,399.21 $ 3,091,769.95 $ 2,004,094.07 $ 87,019,263.23 Deposits 3,154,896.53 0.00 0.00 3,154,896.53 Withdrawls (1,800,000.00) 0.00 0.00 (1,800,000.00) Interest 27,227.74 0.00 0.00 27,227.74 Ending $ 83,305,523.48 $ 3,091,769.95 $ 2,004,094.07 $ 88,401,387.50 matures: 7/23/2022 12/15/2022 rate: 0.50% 0.70% Earnings Balance Current Period Year to date Budget 001 General Fund $ 45,228,321.27 $ 14,914.62 32,610.37 $ 96,000.00 101 Street Fund 246,989.46 80.73 160.84 500.00 103 Trails&Paths 25,777.89 8.43 15.32 100.00 104 Tourism Facilities Hotel/Motel 3,899,534.88 1,274.53 2,064.64 2,500.00 105 Hotel/Motel 243,225.82 79.50 403.16 1,000.00 106 Solid Waste Fund 1,208,174.20 394.88 1,013.70 7,000.00 107 PEG Fund 135,919.39 44.42 81.65 0.00 108 Affordable&Supportive Housing 327,885.14 107.17 196.40 0.00 120 CenterPlace Operating Reserve 0.00 0.00 0.00 0.00 121 Service Level Stabilization Reserve 5,500,000.00 0.00 0.00 0.00 122 Winter Weather Reserve 356,323.03 116.46 234.20 800.00 301 Capital Projects 3,736,337.47 1,221.19 2,413.38 2,000.00 302 Special Capital Projects 4,778,743.07 1,561.89 3,231.91 5,000.00 303 Street Capital Projects Fund 1,455,179.53 475.61 703.91 0.00 309 Parks Capital Project 0.00 0.00 0.00 0.00 310 Civic Buildings Capital Projects 688,265.24 224.95 414.27 1,300.00 311 Pavement Preservation 4,519,039.40 1,477.01 2,002.79 0.00 312 Capital Reserve Fund 11,898,391.44 3,888.89 7,258.91 10,000.00 314 Railroad Grade Separation Projects 223,701.43 73.12 73.12 0.00 315 Transportation Impact Fees 294,222.57 96.16 166.57 0.00 316 Economic Development Capital Proj 0.00 0.00 0.00 0.00 402 Stormwater Management 1,945,324.55 635.81 1,172.61 2,000.00 403 Aquifer Protection Fund 536,587.56 175.38 256.10 1,900.00 501 Equipment Rental &Replacement 1,153,444.16 376.99 688.73 1,200.00 502 Risk Management 0.00 0.00 0.00 0.00 632 Passthrough Fees&Taxes 0.00 0.00 0.00 0.00 $ 88,401,387.50 $ 27,227.74 $ 55,162.58 $ 131,300.00 "Local Government Investment Pool Page 19 P:\Finance\Finance Activity Reports\Council Monthly Reports\2022\2022 04 30 CITY OF SPOKANE VALLEY,WA 5/19/2022 Sales Tax Receipts For the Four-Month Period Ended April 30, 2022 Month Difference Received 2021 2022 $ February 2,934,890.06 3,202,171.48 267,281.42 9.11% March 2,445,374.71 2,441,337.89 (4,036.82) (0.17%) April 2,571,438.34 2,550,319.99 (21,118.35) (0.82%) 7,951,703.11 8,193,829.36 242,126.25 3.04% May 3,369,522.86 June 3,095,705.00 July 3,127,275.84 August 3,153,001.10 September 2,951,757.95 October 2,969,429.94 November 2,999,113.99 December 2,837,332.76 January 2,915,354.54 35,370,197.09 8,193,829.36 Sales tax receipts reported here reflect remittances for general sales tax, criminal justice sales tax and public safety tax. The sales tax rate for retail sales transacted within the boundaries of the City of Spokane Valley is 8.9%. The tax that is paid by a purchaser at the point of sale is remitted by the vendor to the Washington State Department of Revenue who then remits the taxes back to the various agencies that have imposed the tax. The allocation of the total 8.9%tax rate to the agencies is as follows: - State of Washington 6.50% - City of Spokane Valley 0.85% - Spokane County 0.15% - Spokane Public Facilities District 0.10% * - Criminal Justice 0.10% - Public Safety 0.10% *— 2.40% local tax - Juvenile Jail 0.10% * - Mental Health 0.10% * - Law Enforcement Communications 0.10% * - Spokane Transit Authority 0.80% 8.90% * Indicates voter approved sales taxes In addition to the .85% reported above that the City receives, we also receive a portion of the Criminal Justice and Public Safety sales taxes. The distribution of those taxes is computed as follows: Criminal Justice: The tax is assessed county-wide and of the total collected, the State distributes 10%of the receipts to Spokane County, with the remainder allocated on a per capita basis to the County and the cities within the County. Public Safety: The tax is assessed county-wide and of the total collected, the State distributes 60%of the receipts to Spokane County, with the remainder allocated on a per capita basis to the cities within the County. Page 20 P:\Finance\Finance Activity Reports\Tax Revenue\Sales Tax\2022\sales tax collections 2022 CITY OF SPOKANE VALLEY,WA \ Sales Tax Collections- March For the years 2013 through 2022 2021 to 2022 Difference 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 $ % January 1,671,269 1,677,887 1,732,299 1,863,225 1,992,273 2,078,412 2,240,908 2,253,852 2,615,326 2,834,686 219,360 8.39% February 1,133,347 1,170,640 1,197,323 1,316,682 1,369,740 1,536,252 1,648,657 1,776,898 2,185,876 2,161,498 (24,378) (1.12%) March 1,148,486 1,201,991 1,235,252 1,378,300 1,389,644 1,564,282 1,549,275 1,687,355 2,317,671 2,256,314 (61,357) (2.65%) Collected to date 3,953,102 4,050,518 4,164,874 4,558,207 4,751,657 5,178,946 5,438,840 5,718,105 7,118,873 7,252,498 133,625 1.88% April 1,358,834 1,448,539 1,462,096 1,640,913 1,737,933 1,926,551 1,955,470 1,627,596 3,029,090 0 May 1,320,449 1,400,956 1,373,710 1,566,178 1,564,119 1,762,119 1,946,112 1,651,937 2,768,743 0 June 1,389,802 1,462,558 1,693,461 1,641,642 1,751,936 1,871,077 2,067,987 2,291,842 2,795,920 0 July 1,424,243 1,545,052 1,718,428 1,776,653 1,935,028 2,053,961 2,232,342 2,368,495 2,804,930 0 August 1,465,563 1,575,371 1,684,700 1,746,371 1,877,899 1,980,940 2,121,051 2,393,597 2,623,934 0 September 1,466,148 1,552,736 1,563,950 1,816,923 1,946,689 2,019,198 2,223,576 2,258,489 2,627,997 0 October 1,439,321 1,594,503 1,618,821 1,822,998 1,898,067 2,005,836 2,134,985 2,431,920 2,648,748 0 November 1,362,021 1,426,254 1,487,624 1,652,181 1,768,817 1,925,817 2,064,504 2,317,685 2,504,884 0 December 1,408,134 1,383,596 1,441,904 1,664,983 1,856,989 1,918,411 2,019,895 2,178,815 2,576,415 0 Total Collections 16,587,617 17,440,083 18,209,568 19,887,049 21,089,134 22,642,856 24,204,762 25,238,481 31,499,534 7,252,498 Budget Estimate 15,250,000 16,990,000 17,628,400 18,480,500 19,852,100 20,881,900 22,917,000 21,784,000 25,200,000 27,720,000 Actual over(under)budg 1,337,617 450,083 581,168 1,406,549 1,237,034 1,760,956 1,287,762 3,454,481 6,299,534 (20,467,502) Total actual collections as a%of total budget 108.77% 102.65% 103.30% 107.61% 106.23% 108.43% 105.62% 115.86% 125.00% n/a %change in annual total collected 7.52% 5.14% 4.41% 9.21% 6.04% 7.37% 6.90% 4.27% 24.81% n/a %of budget collected through March 25.92% 23.84% 23.63% 24.66% 23.94% 24.80% 23.73% 26.25% 28.25% 26.16% %of actual total collected through March 23.83% 23.23% 22.87% 22.92% 22.53% 22.87% 22.47% 22.66% 22.60% n/a Chart Reflecting History of Collections through the Month of March March March 8,000,000 ■February 7,000,000 January 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Page 21 P:\Finance\Finance Activity Reports\Tax Revenue\Lodging Tax\2022\105 hotel motel tax 2022 CITY OF SPOKANE VALLEY,WA 5/3/2022 Hotel/Motel Tax Receipts through- March Actual for the years 2013 through 202 pri 2 tMll'00 !`d 2020 to 2021 Difference 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 $ % January 24,185 25,425 27,092 31,887 27,210 28,752 31,865 36,203 26,006 48,759 22,753 87.49% February 25,975 26,014 27,111 27,773 26,795 28,878 32,821 31,035 31,041 38,369 7,328 23.61% March 27,739 29,384 32,998 34,330 31,601 31,906 40,076 37,395 30,536 44,483 13,947 45.67% Total Collections 77,898 80,823 87,201 93,991 85,606 89,536 104,762 104,633 87,583 131,611 44,028 50.27% April 40,979 48,246 50,455 52,551 52,242 57,664 59,117 24,959 44,476 0 May 40,560 41,123 44,283 50,230 50,112 51,777 53,596 16,906 49,002 0 June 47,850 52,618 56,975 55,060 60,637 62,048 73,721 28,910 66,262 0 July 56,157 61,514 61,809 65,007 69,337 71,865 84,628 41,836 94,495 0 August 63,816 70,384 72,697 73,700 76,972 79,368 91,637 49,772 101,171 0 September 70,794 76,100 74,051 70,305 80,173 79,661 97,531 59,116 104,494 0 October 43,836 45,604 49,880 55,660 56,631 61,826 77,932 50,844 92,924 0 November 42,542 39,600 42,376 46,393 47,090 52,868 59,252 39,694 62,322 0 December 34,238 33,256 41,510 33,478 37,180 40,363 41,675 26,573 41,708 0 Total Collections 518,672 549,267 581,237 596,374 615,980 646,976 743,851 443,243 744,437 131,611 Budget Estimate 490,000 530,000 550,000 580,000 580,000 580,000 600,000 346,000 750,000 600,000 Actual over(under)budg 28,672 19,267 31,237 16,374 35,980 66,976 143,851 97,243 (5,563) (468,389) Total actual collections as a%of total budget 105.85% 103.64% 105.68% 102.82% 106.20% 111.55% 123.98% 128.10% 99.26% n/a %change in annual total collected 5.85% 5.90% 5.82% 2.60% 3.29% 5.03% 14.97% (40.41%) 67.95% n/a %of budget collected through March 15.90% 15.25% 15.85% 16.21% 14.76% 15.44% 17.46% 30.24% 11.68% 21.94% %of actual total collected through March 15.02% 14.71% 15.00% 15.76% 13.90% 13.84% 14.08% 23.61% 11.76% n/a Chart Reflecting History of Collections through the Month of March March 140,000 120,000 - 100,000 - - 80,000 March •February 60,000 ■January 20,000 20,000 M-M M-M 0 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Page 22 P:\Finance\Finance Activity Reports\Tax Revenue\REET\2022\301 and 302 REET for 2022 CITY OF SPOKANE VALLEY,WA 5/4/2022 1st and 2nd 1/4% REET Collections through March Actual for the years 2013 through 2022 2021 to 2022 Difference 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 $ % January 56,898 61,192 96,141 104,446 153,661 239,437 120,809 212,512 277,311 420,393 143,082 51.60% February 155,226 67,049 103,508 83,583 124,514 146,892 199,209 242,927 283,644 239,226 (44,418) (15.66%) March 72,172 81,724 165,868 220,637 282,724 310,562 193,913 203,774 497,974 543,267 45,293 9.10% Collected to date 284,296 209,964 365,517 408,667 560,899 696,891 513,931 659,213 1,058,929 1,202,886 143,957 13.59% April 90,377 105,448 236,521 205,654 169,060 218,842 347,528 197,928 470,818 0 May 116,165 198,870 165,748 192,806 202,734 646,397 263,171 258,784 380,346 0 June 139,112 106,676 347,421 284,897 248,768 277,424 465,044 329,801 426,592 0 July 128,921 208,199 217,375 248,899 449,654 302,941 327,636 234,040 408,246 0 August 117,150 172,536 202,525 231,200 472,420 261,626 300,312 365,838 666,645 0 September 174,070 152,323 179,849 178,046 187,348 259,492 335,824 381,224 471,991 0 October 117,806 123,505 128,833 253,038 207,895 584,792 225,216 381,163 440,971 0 November 78,324 172,227 129,870 186,434 229,800 263,115 319,161 370,449 1,208,216 0 December 75,429 117,682 157,919 164,180 278,995 288,912 235,726 479,586 685,473 0 Total distributed by Spokane County 1,321,650 1,567,429 2,131,578 2,353,822 3,007,573 3,800,432 3,333,549 3,658,026 6,218,227 1,202,886 Budget estimate 975,000 1,100,000 1,400,000 2,000,000 2,000,000 3,000,000 2,800,000 2,000,000 4,000,000 3,000,000 Actual over(under)budget 346,650 467,429 731,578 353,822 1,007,573 800,432 533,549 1,658,026 2,218,227 (1,797,114) Total actual collections as a%of total budget 135.55% 142.49% 152.26% 117.69% 150.38% 126.68% 119.06% 182.90% 155.46% n/a %change in annual total collected 11.47% 18.60% 35.99% 10.43% 27.77% 26.36% (12.28%) 9.73% 69.99% n/a %of budget collected through March 29.16% 19.09% 26.11% 20.43% 28.04% 23.23% 18.35% 32.96% 26.47% 40.10% %of actual total collected through March 21.51% 13.40% 17.15% 17.36% 18.65% 18.34% 15.42% 18.02% 17.03% n/a Chart Reflecting History of Collections through the Month of March March •March 1,400,000 •February 1,200,000 ■January 1,000,000 800,000 600,000 400,000 - - 200,000 0 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Page 23 P:\Finance\Finance Activity Reports\Debt Capacity\2022\debt capacity 2022 CITY OF SPOKANE VALLEY,WA Debt Capacity 2021 Assessed Value for 2022 Property Taxes 12,919,694,944 Maximum Outstanding Remaining Debt as of Debt % Capacity 12/31/2021 Capacity Utilized Voted (UTGO) 1.00% of assessed value 129,196,949 0 129,196,949 0.00% Nonvoted (LTGO) 1.50% of assessed value 193,795,424 10,485,000 183,310,424 5.41% Voted park 2.50% of assessed value 322,992,374 0 322,992,374 0.00% Voted utility 2.50% of assessed value 322,992,374 0 322,992,374 0.00% 968,977,121 10,485,000 958,492,121 1.08% 2014 LTGO Bonds Road & LTGO Bonds Period Street 2016 LTGO Grand Ending CenterPlace Improvements Total Bonds Total 12/1/2014 225,000 135,000 360,008 0 360,000 Bonds 12/1/2015 175,000 125,000 300,008 0 300,000 Repaid 12/1/2016 185,000 130,000 315,000 75,000 390,000 12/1/2017 190,000 130,000 320,000 150,000 470,000 12/1/2018 230,000 135,000 365,000 155,000 520,000 12/1/2019 255,000 140,000 395,000 160,000 555,000 12/1/2020 290,000 140,000 430,000 165,000 595,000 12/1/2021 320,000 145,000 465,000 170,000 635,000 1,870,000 1,080,000 2,950,000 875,000 3,825,000 12/1/2022 350,000 150,000 500,000 175,000 675,000 12/1/2023 390,000 155,000 545,000 180,000 725,000 12/1/2024 430,000 0 430,000 185,000 615,000 12/1/2025 465,000 0 465,000 195,000 660,000 12/1/2026 505,000 0 505,000 •00,000 705,000 12/1/2027 395,000 0 395,000 '05,000 600,000 12/1/2028 300,000 0 300,000 215,000 515,000 12/1/2029 245,000 0 245,000 2'0,000 465,000 12/1/2030 225,000 0 225,000 2 . 000 450,000 Bonds 12/1/2031 180,000 0 180,000 23',,000 415,000 Remaining 12/1/2032 130,000 0 130,000 24' 000 370,000 12/1/2033 165,000 0 165,000 250,000 415,000 12/1/2034 0 0 0 260,100 260,000 12/1/2035 0 0 0 270,800 270,000 12/1/2036 0 0 0 280,010 280,000 12/1/2037 0 0 0 290,080 290,000 12/1/2038 0 0 0 305,001 305,000 12/1/2039 0 0 0 315,001 315,000 12/1/2040 0 0 0 330,000 330,000 12/1/2041 0 0 0 340,000 340,000 12/1/2042 0 0 0 355,000 355,000 12/1/2043 0 0 0 365,000 365,000 12/1/2044 0 0 0 375,000 375,000 12/1/2045 0 0 0 390,000 390,000 3,780,000 305,000 4,085,000 6,400,000 10,485,000 5,650,000 1,385,000 7,035,000 7,275,000 14,310,000 Page 24 P:\Finance\Finance Activity Reports\Tax Revenue\MVFT\2022\motor vehicle fuel tax collections 2022 CITY OF SPOKANE VALLEY,WA 5/3/2022 Motor Fuel(Gas)Tax Collections- A. For the years 2013 through 2022 2021 to 2022 Difference 2013 2014 2015 I 2016 2017 2018 2019 2020 2021 2022 $ % January 146,145 152,906 152,598 163,918 150,654 162,359 148,530 152,686 143,576 162,156 18,580 12.94% February 145,998 148,118 145,455 163,037 164,807 175,936 181,823 170,461 150,882 156,245 5,363 3.55% March 135,695 131,247 140,999 145,537 138,205 139,826 131,009 146,280 117,784 135,183 17,399 14.77% Collected to date 427,838 432,271 439,052 472,492 453,666 478,121 461,362 469,427 412,242 453,584 41,342 10.03% April 156,529 156,269 157,994 167,304 168,000 168,796 144,080 90,589 141,080 0 May 151,595 156,850 156,259 171,829 174,211 193,986 185,669 130,168 175,706 0 June 167,479 161,965 164,872 157,737 174,838 144,308 175,985 128,359 156,670 0 July 155,348 157,805 168,205 177,427 177,019 194,267 169,733 138,932 163,103 0 August 173,983 172,308 186,277 177,567 195,780 205,438 195,107 136,633 185,516 0 September 195,397 173,299 174,505 194,640 184,342 180,874 180,605 195,550 178,022 0 October 133,441 160,539 161,520 166,369 163,780 158,062 162,187 160,272 161,171 0 November 164,303 165,871 181,771 176,178 194,814 199,282 196,240 175,980 187,269 0 December 142,140 141,298 153,338 152,787 154,298 148,960 155,728 119,282 149,169 0 Total Collections 1,868,053 1,878,475 1,943,793 2,014,330 2,040,748 2,072,094 2,026,696 1,745,192 1,909,948 453,584 Budget Estimate 1,868,900 1,866,400 1,867,700 2,013,400 2,048,900 2,061,100 2,039,500 1,715,000 1,808,700 1,904,000 Actual over(under)budg (847) 12,075 76,093 930 (8,152) 10,994 (12,804) 30,192 101,248 (1,450,416) Total actual collections as a%of total budget 99.95% 100.65% 104.07% 100.05% 99.60% 100.53% 99.37% 101.76% 105.60% n/a %change in annual total collected 1.14% 0.56% 3.48% 3.63% 1.31% 1.54% (2.19%) (13.89%) 9.44% n/a %of budget collected through March 22.89% 23.16% 23.51% 23.47% 22.14% 23.20% 22.62% 27.37% 22.79% 23.82% %of actual total collected through March 22.90% 23.01% 22.59% 23.46% 22.23% 23.07% 22.76% 26.90% 21.58% n/a Chart Reflecting History of Collections through the Month of March March March 600,000 ■February 500,000 - January 400,000 - IIIII 300,000 100,000 M-M 100,000 0 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Page 25 P:\Finance\Finance Activity Reports\Tax Revenue\Telephone Tax\2022\telephone utility tax collections 2022 CITY OF SPOKANE VALLEY,WA 6/7/2022 Telephone Utility Tax Collections- For the years 2012 through 2021k. 2020 to 2021 Difference 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 $ % January 217,478 210,777 177,948 182,167 162,734 130,196 136,615 123,292 (333) 81,439 81,772 (24556.16%) February 216,552 205,953 212,845 173,971 163,300 164,060 132,538 121,596 155,911 80,552 (75,359) (48.33%) March 223,884 208,206 174,738 177,209 162,536 158,416 138,727 121,938 100,566 78,929 (21,637) (21.51%) Collected to date 657,914 624,936 565,531 533,347 488,570 452,672 407,880 366,826 256,144 240,920 (15,224) (5.94%) April 214,618 206,038 214,431 171,770 157,285 146,519 126,455 120,016 83,109 0 May 129,270 210,010 187,856 174,512 161,506 149,434 135,704 118,018 94,864 0 June 293,668 210,289 187,412 170,450 156,023 150,780 129,602 117,905 85,949 0 July 213,078 205,651 190,984 174,405 157,502 147,281 130,723 120,922 86,834 0 August 211,929 205,645 185,172 171,909 150,644 148,158 127,303 112,351 85,251 0 September 210,602 199,193 183,351 170,476 155,977 141,290 128,018 91,866 87,391 0 October 205,559 183,767 183,739 166,784 153,075 142,925 127,214 90,272 86,941 0 November 212,947 213,454 175,235 166,823 151,208 139,209 125,027 88,212 82,797 0 December 213,097 202,077 183,472 168,832 161,115 140,102 126,226 92,242 84,635 0 Total Collections 2,562,682 2,461,060 2,257,183 2,069,308 1,892,905 1,758,370 1,564,152 1,318,630 1,033,915 240,920 Budget Estimate 2,900,000 2,750,000 2,565,100 2,340,000 2,000,000 1,900,000 1,600,000 1,521,000 1,000,000 932,000 Actual over(under)budg (337,318) (288,940) (307,917) (270,692) (107,095) (141,630) (35,848) (202,370) 33,915 (691,080) Total actual collections as a%of total budget 88.37% 89.49% 88.00% 88.43% 94.65% 92.55% 97.76% 86.69% 103.39% n/a %change in annual total collected (6.32%) (3.97%) (8.28%) (8.32%) (8.52%) (7.11%) (11.05%) (15.70%) (21.59%) n/a %of budget collected through March 22.69% 22.72% 22.05% 22.79% 24.43% 23.82% 25.49% 24.12% 25.61% 25.85% %of actual total collected through March 25.67% 25.39% 25.05% 25.77% 25.81% 25.74% 26.08% 27.82% 24.77% n/a Chart Reflecting History of Collections through the Month of March March ■March 700,000 ■February 600,000 •January 500,000 400,000 300,000 200,000 100,000 0 (100,000) 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Page 26